ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 5, 2009 No. 643

About state regulation of rates, charges and payments concerning works (services) of subjects of natural monopolies in the sphere of rail haulings

According to article 6 of the Federal law "About Natural Monopolies" and for the purpose of enhancement of state regulation of activities of subjects of natural monopolies in the sphere of rail haulings the Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings;

the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state.

2. Declare invalid Item 1 of the order of the Government of the Russian Federation of December 15, 2004 No. 787 "About approval of the Regulations on bases of state regulation of rates on rail transport and Rules of provision of the exclusive tariffs on rail transport" (The Russian Federation Code, 2004, No. 51, the Art. 5201) regarding approval of the Regulations on bases of state regulation of rates on rail transport.

Approved by the Order of the Government of the Russian Federation of August 5, 2009 No. 643

Regulations on state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings

1. This Provision determines:

a) the purposes, the basic principles and methods of state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings, except for rates, charges and payment concerning the international transit rail haulings on the territory of the Russian Federation (further - rates, charges and payment);

b) pricing bases concerning works (services) performed (rendered) subjects natural monopolies in the sphere of rail haulings;

c) rules of state regulation of rates, charges and payment.

2. Rates for transportations by railway transport public in the international transit message are established according to international treaties of the Russian Federation. Enforcement and application of rates for the international transit rail haulings are performed according to regulatory legal acts of the Ministry of Transport of the Russian Federation.

3. In these rules the following concepts are used:

"regulating authorities" - the Federal Antimonopoly Service and executive bodies of subjects of the Russian Federation performing state regulation of rates, charges and payment according to the procedure, established by the legislation of the Russian Federation;

"the subject of regulation" - the subject of natural monopoly in the sphere of rail haulings performing works (rendering the services) included in the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state;

"rate" - price rate for works (services) performed (rendered) subjects regulations;

"collection" - the charge rate of additional transaction or work (service) performed (rendered) by subjects of regulation which is not included in rate.

4. State regulation of rates, charges and payment is performed in the following purposes:

a) creation of conditions for steady safe functioning and dynamic development of rail transport public;

b) ensuring balance of interests of the organizations of rail transport and users their services;

c) optimization of total transportation costs;

d) creation of conditions for economic growth and increase in competitiveness of national economy;

e) preserving single social and economic space of the country and creation of conditions for deepening of transport commercial ties between regions;

e) creation of conditions for development of the competition on rail transport public;

g) ensuring non-discriminatory access to services of rail transport public, including to services in use of infrastructure of rail transport public;

h) increase in investment appeal of rail transport public;

i) creation of the economic incentives providing optimization of cost of services of rail transport and improvement of their quality.

5. State regulation of rates, charges and payment is based on the following principles:

a) forming of rates, charges and payment taking into account the this separate expense accounting, the income and financial results on types of activity, tariff components, the integrated work types (services), activities segments (natural and exclusive, competitive) subjects of regulation;

b) establishment of rates, charges and payment taking into account cost and the level of profitability for the purpose of ensuring profitability of activities of subjects of regulation;

c) application in all territory of the Russian Federation of the single principles of regulation of rates, charges and payments.

6. State regulation of rates, charges and payment is performed by regulating authorities within their competence.

7. Rates, charges and payment are established by regulating authorities in relation to the specific subject of regulation according to the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state.

7(1). Rates, charges and payment which state regulation was performed according to the procedure the provided Items 3 and 4 of the Regulations on features of application of the legislation of the Russian Federation on state regulation of the prices (rates, charges, payment) in the sphere of rail haulings, services in seaports and the airports in the territories of the Republic of Crimea and Sevastopol approved by the order of the Government of the Russian Federation of December 26, 2014 No. 1546 "About features of application of the legislation of the Russian Federation on state regulation of the prices (rates, charges, payment) in the sphere of rail haulings, services in seaports and the airports in the territories of the Republic of Crimea and Sevastopol", are established by the subject of regulation in the amount of, not exceeding the size of the corresponding rates, charges and payment published in the tariff managements approved by regulating authorities.

7(2). The rates, charges and payment established by the subject of regulation according to Item 7 (1) these rules, are applied before enforcement of the corresponding rates, charges and payment established by regulating authorities according to Item 7 of these rules.

8. Regulating authorities within their competence establish rules of application of rates, charges and payment, procedure for publication and enforcement of the established rates, charges and payment and rules of their application, and also the changes made to them if other is not stipulated by the legislation the Russian Federation or international treaties of the Russian Federation.

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