LAW OF THE AZERBAIJAN REPUBLIC

of June 11, 1999 No. 683-IQ

About transport

This Law establishes legal, economic and organizational basis of functioning of transport.

Chapter I. General provisions

Article 1. Basic concepts

The basic concepts used for the purposes of this Law, the following:

"Transport" - undergone state registration in the procedure for means of carriage of goods established in the territory of the Azerbaijan Republic and people, including railway, automobile, sea, internal water, air, city and suburban electric, the subway, and also main pipelines located in the territory of the Azerbaijan Republic;

"Transport enterprise" - the legal entity functioning according to the constituent documents rendering services in goods, passenger, luggage and post transportation, the parking of vehicles, maintenance and repair, loading unloading and port servicing;

"Carrier" - the legal entity or physical person rendering for a fee services in passenger, luggage, goods and post traffic having or with right to use by vehicles;

"Client" - the legal entity or physical person, such as the consignor, the consignee, the passenger, the lessee and others using transport according to the agreement signed with carrier.

Article 2. Legislation on transport

1. The relations connected with functioning of transport are regulated by this Law, codes and charters on modes of transport, other regulatory legal acts of the Azerbaijan Republic.

2. The relations in the field of main pipelines are governed by the relevant legislation of the Azerbaijan Republic.

3. Condition of carriages and unloadings, instructions for use by vehicles, traffic circulation safety control, labor protection, fire safety, observance of requirements of technical and technological, environmental and sanitary standards are determined by the regulatory legal acts, obligatory for all participants of the transport relations, regulating functioning of the corresponding modes of transport, and also consent (signed by agreements) of the parties.

4. If in the international treaties supported by the Azerbaijan Republic the rules different from rules of this Law are established rules of these agreements are applied.

Article 3. The property relations in the field of transport

Transport in the Azerbaijan Republic is based on the state-owned, private and municipal property.

All owners of transport have the equal rights and are equally protected by the Law.

Being in public use and representing the state value the railroads and their engineering structures and constructions, main pipelines, beacons regulating and guaranteeing safe movement of courts of construction and navigation marks, avianavaids and the equipment of system of air traffic management and management to them the constructions ensuring the safety of flight of air vehicles, engineering networks and constructions connected with air transportation and also the subway are state-owned property.

Article 4. Earth of transport assignment. Provision of earth sites and water objects for needs of transport

1. Earth of transport assignment following:

a) the lands provided to transport enterprises for ensuring normal functioning of transport objects;

c) the parcels of land where there pass transport ways and main pipelines;

c) the parcels of land provided for special protection zones of transport structures and other transport objects in the places subject to threat of collapses, landslides, mud streams and other natural phenomena.

2. The relations arising by provision of the parcels of land specified in Item 1 of this Article or water objects in property, lease and use of the relevant transport enterprise of the rule of use of these sites and objects are regulated respectively by the Land code of the Azerbaijan Republic, the Water code, the Laws of the Azerbaijan Republic "About environmental protection" and "About environmental impact assessment" and other regulatory legal acts.

3. For the purpose of ensuring safe operation of transport structures and other transport objects in the territories subject to collapses, landslides and other natural hazards, in the procedure established by the legislation special protection zones can be determined.

Chapter II. State regulation and management in the field of transport

Article 5. State regulation in the field of transport

State regulation in the field of transport is performed by carrying out policy of legal support, the taxation, financing, assessment, investments and single scientific and technical policy.

Intervention of the state and municipal authorities in economic activity of transport enterprises, and also involvement of operational employees of transport enterprises to other works is not allowed, except as specified, stipulated by the legislation.

Article 6. Public administration in the field of transport

The main objectives of public administration in the field of transport the following:

implementation in the field of transport of economic, investment, tariff and scientific and technical policy, the organization of development and implementation of programs for development of separate modes of transport;

management of carrying out reforms in connection with transition of transport complex to the relations of market economy;

forecasting of requirements of the state, including defense needs, in goods transportation and other transport servicing, the organization and coordinating of activities of transport complex for their providing;

providing equal conditions for carrying out target measures for restriction of exclusive activities and to development of the competition on transport, implementation by all transport enterprises, irrespective of pattern of ownership, economic activity;

implementation of state regulation on ensuring safe, effective and rhythmical work of transport complex;

establishment and enhancement of standard rates concerning functioning of transport complex and separate modes of transport;

protection in connection with transport questions of economic interests of the state, legitimate interests and the rights of transport enterprises and users of transport;

increase in efficiency and competitiveness of activities of national transport complex in the international market of transport services, attraction of foreign investments;

strengthening and development of mutually beneficial cooperation with foreign countries in the field of transport.

According to the drafts of development programs provided by the second paragraph of the first part of this Article the strategic ecological assessment (SEA) according to the procedure, established by the Law of the Azerbaijan Republic "About environmental impact assessment" is carried out.

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