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The document ceased to be valid according to article 137 of the Code of road transport of the Republic of Tajikistan of April 2, 2020 No. 1689

LAW OF THE REPUBLIC OF TAJIKISTAN

of November 29, 2000 No. 22

About transport

(as amended on 28-12-2013)

This Law regulates activities of carriers on road, rail, air and water transport for the purpose of creation of conditions for work of transport system on the basis of market mechanisms and contribution to providing and development of cost-efficient transport services.

Section I. General provisions

Article 1. The determinations accepted in this Law

In this Law the following terms have the following values:

"carrier" - the legal entity or physical person operating the vehicle on the right private or other sort of property, providing services in public conveyance, baggage, loads and (or) mail for a fee or on hiring and having on this corresponding permission (license) issued in the procedure established by the law. "Carrier" is also understood the operator on cargo transportation as the term by different types of transport, regardless of whether he at the same time operates any vehicle or not;

"client" - the legal entity or physical person using transport according to the signed contract with carrier;

"freight forwarder" - the legal entity or physical person performing activities at the expense of carrier, the consignor or the consignee which signs transportation agreements of loads and carries out or will organize agreement performance of carriage of goods; "transport" - the industry of production of goods performing carriages of goods, passengers and baggage;

"transport organization" - the legal entity occupied with economic business activity on carriage of goods and passengers, to maintenance and repair of vehicles;

"the state transport organizations" - the organizations where the most part of its share (block of shares) belongs to the state.

Article 2. Legislation on transport

The legislation of the Republic of Tajikistan on transport is based on the Constitution of the Republic of Tajikistan and consists of this Law, the laws and other regulatory legal acts adopted according to this Law and also the international legal acts recognized by the Republic of Tajikistan.

Article 3. About property on transport

Transport in the Republic of Tajikistan is based on diverse patterns of ownership. Owners of transport organizations are equal before the law and use same protection of the law.

Mainline railways, highways public, and also the roads having defense value including engineering constructions on them, the shipping waterways, devices and navigation marks regulating and guaranteeing safety of navigation, aeronautical devices of air traffic control system, network of telecommunications, the engineering networks connected with safety-of-life function of air vehicles are state-owned property.

Article 4. The lands used for the transport purposes

Use or allotment of land for the transport purposes is regulated by the laws and other regulatory legal acts of the Republic of Tajikistan.

For the purpose of ensuring reliable operation of constructions and other objects of transport in the areas subject to collapses, landslides, washouts, mudflows and other dangerous natural impacts, conservation zones are established.

Transport organizations and carriers shall use the lands provided to them according to particular mission and conditions of their provision, to apply nature protection production technologies and not to allow deterioration in ecological conditions as a result of the activities.

Section II. Management and regulation

Article 5. Management of transport organizations

Independence in management of economic productive activity is provided to transport organizations.

All types of activity of transport organizations shall be performed according to the legislation of the Republic of Tajikistan on transport.

Article 6. Regulation of activities of transport

State regulation of activities in the field of transport is performed by legal support, licensing, the taxation, crediting, financing and pricing, implementation of investment, social and scientific and technical policy, control of execution by transport organizations of the legislation of the Republic of Tajikistan on transport.

State bodies have no right to interfere with economic activity of transport organizations, and also to distract operating personnel of transport organizations for other works, except cases, stipulated by the legislation the Republic of Tajikistan.

Article 7. Public administration by transport

The main powers of the Government of the Republic of Tajikistan are:

- protection of interests of the Republic of Tajikistan in the field of transport;

- implementation of interstate and international cooperation in the field of transport;

- project development of legal and other acts, standards, the regulations determining legal and normative order of functioning of all modes of transport irrespective of patterns of ownership;

- development of the state national programs and concept of development of all modes of transport, forming and carrying out investment, scientific and technical and social policy, and also training;

- creation of conditions for ensuring requirements of economy and the population of the republic in transportations and the related services;

- control of observance of the rights of consumers of transport services;

- development of forecasts and timely high-quality ensuring requirements of the state needs of the republic and the population in transportations.

Article 8. Powers of authorities on places in the field of transport

Public authorities on places perform the powers in the field of transport according to the legislation of the Republic of Tajikistan on transport.

Article 9. Authorized state body of the Republic of Tajikistan in the field of transport

The authorized state body of the Republic of Tajikistan in the field of transport (further - authorized body) is responsible in realization of state policy in the field of transport and is determined by the Government of the Republic of Tajikistan.

Activities and powers of authorized body are determined by the Provision approved by the Government of the Republic of Tajikistan.

Article 10. Powers of state body

Are included into power of authorized body:

- planning and monitoring of the programs promoting competitive and effective use of resources and increase in overall performance of transport systems; monitoring of the rates and charges levied by the state and private transport organizations;

- plan development of development in transport;

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