of January 10, 2003 No. 17-FZ
About rail transport in the Russian Federation
Accepted by the State Duma on December 24, 2002
Approved by the Federation Council on December 27, 2002
This Federal Law establishes legal, organizational and economic operating conditions of rail transport public, bases of interaction of the organizations of rail transport and the individual entrepreneurs performing works (services) on rail transport with public authorities and the organizations of other modes of transport, and also bases of state regulation in the field of rail transport of uncommon use.
1. Rail transport in the Russian Federation is constituent of single transport system of the Russian Federation. Rail transport in the Russian Federation in interaction with the organizations of other modes of transport is designed to provide timely and qualitatively needs of physical persons, legal entities and the state for transportations by railway transport, to promote creation of conditions for development of economy and ensuring unity of economic space in the territory of the Russian Federation.
2. Rail transport in the Russian Federation (further - rail transport) consists of rail transport public, rail transport of uncommon use, and also the technological rail transport of the organizations intended for movement of goods in the territories of the specified organizations and accomplishment of initial and final transactions with railway rolling stock for own needs of the specified organizations.
The organization activity of rail transport of uncommon use which is not regulated by this Federal Law is regulated by other regulatory legal acts of the Russian Federation.
Operation of this Federal Law does not extend to functioning of technological rail transport of the organizations.
3. Functioning of rail transport is performed proceeding from the following principles:
stability of rail activity;
availability, safety and quality of the rendered services;
development of the competition and formation of the developed market of services of rail transport;
coordination of functioning of single transport system of the Russian Federation.
4. The Russian Federation provides the solution of the tasks facing railway transport by effective regulation and control in the field of rail transport, and also by participation in development of rail transport.
5. Legal regulation in the field of rail transport is under authority of the Russian Federation.
6. The property of rail transport can be in state, municipal, private and other patterns of ownership in accordance with the legislation of the Russian Federation.
1. In this Federal Law the following basic concepts are used:
rail transport public the production and technological complex including infrastructures of rail transport, railway rolling stock, other property and intended for ensuring needs of physical persons, legal entities and the state in transportations by railway transport on the terms of the public agreement and also in accomplishment of other works (services) connected with such transportations;
rail transport of uncommon use - set of the production and technological complexes including railway tracks of uncommon use, the building, structure, construction, in some cases railway rolling stock, and also other property and intended for ensuring requirements of physical persons and legal entities for works (services) for places of uncommon use on the basis of agreements or for own needs;
infrastructure of rail transport public (further - infrastructure) - the transport infrastructure including railway tracks public and other constructions, railway stations, devices of electric utility service, communication network, alarm installation, centralization and blocking, information complexes, traffic control system and other infrastructures of the building, structure, construction, the device providing functioning and the equipment;
railway tracks public - railway tracks in the territories of the railway stations open for accomplishment of transactions on acceptance and departure of trains, receiving and delivery of loads, baggage and cargo baggage, on servicing of passengers and accomplishment of classification and shunting operation, and also the railway tracks connecting such stations;
railway tracks of uncommon use - the railroad side tracks adjoining directly or through other railroad side tracks railway tracks public and intended for servicing of certain users by services of rail transport on the terms of agreements or performance of works for own needs;
railway rolling stock - locomotives, goods wagons, passenger rail cars of locomotive draft and motor car railway vehicles, and also other railway rolling stock intended for ensuring implementation of transportations and functioning of infrastructure;
transportation process - set organizationally and technologically interconnected transactions which are carried out by preparation, implementation and completion of public conveyances, loads, baggage and cargo baggage by rail;
the user services of rail transport - the passenger, the consignor (sender), the consignee (receiver) or other physical person or legal entity using services (works) rendered by the organizations of rail transport and individual entrepreneurs on rail transport;
the owner of infrastructure - the legal entity or the individual entrepreneur having infrastructure on the property right or other right and rendering services in its use based on the agreement;
carrier - the legal entity or the individual entrepreneur who assumed according to the transportation agreement railway transport public obligation to bring the passenger, the load entrusted to them by the sender, baggage or cargo baggage from the point of departure in destination, and also to issue load, baggage or cargo baggage to person (receiver) authorized on its obtaining;
the operator of railway rolling stock, containers (further - the operator) - the legal entity or the individual entrepreneur having railway rolling stock, containers on the property right or other right and the service in provision of railway rolling stock, containers rendering to legal entities or physical persons for transportations by railway transport;
traffic security and operation of rail transport - condition of security of process of movement of railway rolling stock and the railway rolling stock in case of which there is no unacceptable risk of emergence of the transport incidents and their effects involving damnification of life or to health of citizens, harm to the environment, property of physical persons or legal entities;
safety control of movement and operation of rail transport - system of the economic, organization-legal, technical and other measures undertaken by public authorities, local government bodies, the organizations of rail transport, other legal entities, and also physical persons and directed to prevention of transport incidents and decrease in risk of damnification of life or to health of citizens, harm to the environment, property of physical persons or legal entities;
transport incident - the event which arose in case of movement of railway rolling stock and with its participation and entailed damnification of life or to health of citizens, harm to the environment, property of physical persons or legal entities;
the earth of rail transport - the earth of transport, the organization activities of rail transport and (or) operation of buildings, structures, constructions and other objects of rail transport used or intended for providing, including the parcels of land located on rights of way of the railroads and in conservation zones;
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