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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of June 5, 2002 No. 244

About approval of the Charter of rail transport of the Republic of Tajikistan

According to the Law of the Republic of Tajikistan "About transport" for regulation of activities of carriers on rail transport the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Charter of rail transport of the Republic of Tajikistan.

2. To consider the charter of rail transport approved by the order of the Government of the Republic of Tajikistan of October 8, 1998 No. 412 invalid.

 

Prime Minister

Republic of Tajikistan E.Rakhmonov

Approved by the Order of the Government of the Republic of Tajikistan of June 5, 2002, No. 244

Charter of rail transport of the Republic of Tajikistan

This Charter determines economic, legal and organizational basis of activities of rail transport of the Republic of Tajikistan (further rail transport), governs the railroad relations with public authorities, legal entities and physical persons, being owners of objects of rail transport, and also passengers, senders and receivers of loads, cargo baggage and baggage.

Section I. Bases of public administration and regulation on rail transport

Chapter I. The general provisions Role of Rail Transport in the Republic of Tajikistan

1. Rail transport is constituent of transport complex of the Republic of Tajikistan which is called in interaction with other modes of transport timely and to qualitatively provide the needs for transportations in internal and in international messages and homeland security of the state, and also market grouping of transportations and the related services, effective development of business activity. The state exercises control and regulation of activities of rail transport and development of its material and technical resources.

The state is owner of rail transport. Operational management, control and regulation activities of rail transport is performed by the body authorized by the Government of the Republic of Tajikistan.

2. The basic concepts used in this Charter.

rail transport - one of types of transport complex of the Republic of Tajikistan consisting of the different, closely connected with each other farms: locomotive, car, traveling, energy, alarm systems and bonds, the representing single technological complex.

the railroad - the industry of rail transport providing in interaction with other modes of transport of requirement of economy and the population in transportations on the basis of state regulation of production and economic and other activities of the companies and organizations which are its part;

the market of transport services - the sphere of implementation of public conveyances, loads, cargo baggage and baggage, maintenance and repair of railway vehicles, carrying out subsidiary and auxiliary and other work types (services) connected with transportations;

production and technological complex of rail transport - single network of the railroads; the companies performing repair and upgrade of railway vehicles and containers, production or delivery of spare parts, the equipment and materials, providing with communicating device; collection and processing of technological information; scientific developments in the field of the equipment; technologies and developments of rail transport, also companies and organizations of the social sphere;

the right of way is the earth of rail transport, railway to cloths, artificial features, linearly - roadway and other buildings, devices railway energy, communication equipments, railway stations, protective afforestations and trackage layouts;

conservation zones - the parcels of land necessary for ensuring safety, durability and stability of constructions, devices and other objects of rail transport, and also the earth with the mobile soil, adjacent to lands of rail transport;

transportation process - set organizationally and technologically interconnected actions and transactions which are carried out by the companies and other divisions of the railroads by preparation, transportation and completion of public conveyances, loads, cargo baggage and baggage;

railway tracks public - rail lines on which the railway stations intended for accomplishment of the corresponding transactions on acceptance and departure of trains, production of shunting operation, receiving and delivery of loads, cargo baggage and baggage and servicing of passengers are located;

through mixed traffic (multimodal transportations) of transportation performed by different types of transport according to the single transport document (delivery note) constituted on all travel line;

the passenger - the physical person having travel documents and making trip in the train;

load - the object of rail hauling (products, objects, minerals, materials and others) accepted by the railroad in accordance with the established procedure for shipment;

baggage - things, other material values sent by the passenger for the personal household purposes at additional expense in the luggage car to the station of destination specified in the travel document of the passenger;

cargo baggage - the load, other material values transported in passenger and post and luggage trains;

dangerous goods - substances, materials, products, waste of productive and other activity which owing to properties inherent in them and taking into account certain factors can in the course of transportation or in case of production of handling works and storage to serve as cause of explosion, the fire or damage of technical means, devices, constructions and other objects of rail transport, and also promotes death, injuring, poisoning, burns or disease of people, animal, to harming the surrounding environment;

special transportations - the separate type of transport providing transportation of particular loads for providing especially important state and defense purposes;

the international railway service - public conveyance, loads, cargo baggage and baggage between the Republic of Tajikistan and the foreign states, including railway service with the State Parties of the Commonwealth of Independent States;

the license - permission to the accomplishment of certain type of activity of rail transport issued by Transport inspection of the Ministry of transport of the Republic of Tajikistan. Legislation of the Republic of Tajikistan on rail transport.

3. The legislation of the Republic of Tajikistan on rail transport is based on the Constitution of the Republic of Tajikistan and consists of the constitutional laws, the Civil Code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About transport", the laws, others is normative - legal acts, and also international legal acts recognized by the Republic of Tajikistan and this Charter. Property of rail transport.

4 Property management and objects of rail transport are performed by the state according to the procedure established by the Civil Code of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan.

Chapter II. Lands and conservation zones of rail transport

5. Lands of rail transport are the earth of republican value, the special tasks assigned to them provided gratuitously on permanent (termless) use to its companies and organizations for implementation. The lands allocated under railway tracks and stations (including right of way), and also under the protective and strengthening plantings, structures, buildings, constructions and other objects necessary for operation and reconstruction, the railroads taking into account perspective of their development concern to them.

For the purposes which are temporary lands under lease can be provided to the companies and organizations of rail transport.

6. The sizes of the parcels of land (including right of way) are determined according to the regulations approved in accordance with the established procedure, project - estimate documentation and general schemes of development of rail lines and stations. Withdrawal of sites is performed taking into account their development according to the land legislation of the Republic of Tajikistan.

7. The earth of rail transport shall conform to the town-planning, ecological and health requirements established by the legislation of the Republic of Tajikistan.

Conservation zones of rail transport.

8. For the purpose of safety control of the population and regular operation of the railway tracks and other objects of rail transport (including industrial facilities and other modes of transport) located on lands of republican value in the places subject to landslides, collapses, washouts, mudflows and other dangerous impacts conservation zones are established.

9. The procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes are established by regulatory legal acts of the Republic of Tajikistan.

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