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LAW OF THE KYRGYZ REPUBLIC

of July 8, 1998 No. 89

About transport

(as amended on 15-02-2013)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 16, 1998

This Law determines bases of legal, economic and organizational activity of transport of the Kyrgyz Republic.

SECTION 1. GENERAL PROVISIONS

Article 1. Legislation on transport

The relations connected with activities of transport of the Kyrgyz Republic are regulated by this Law and other operating regulatory legal acts of the Kyrgyz Republic.

Conditions of transportations, procedure for use of vehicles, safety control of movement, observance of industrial safety rules, fire safety and sanitary standards are determined by the regulations existing on the corresponding modes of transport, approved in accordance with the established procedure and being obligatory for all participants of the transport relations.

Article 2. The basic concepts accepted in the Law

Bus station - the station construction which is providing servicing of passengers in settlements and including the building with the waiting room with a capacity over 75 people and ticket offices; the platform for landing and disembarkation of passengers; site for the parking of buses, baggage storage, the room of mother and child, recreation room of drivers, bathrooms and directory system.

Bus station - the station construction which is providing servicing of passengers in settlements and including the building with the waiting room with a capacity up to 75 people and ticket offices; the platform for landing and disembarkation of passengers; site for the parking of buses, bathrooms and directory system.

The autopavilion - the linear construction located along the highway for servicing of passengers in settlements.

Transport of the Kyrgyz Republic - the road, rail, air, inland water, urban electric transport, and also the main pipeline transport which is in property of the Kyrgyz Republic registered in its territory.

Carrier - the legal entity or physical person which is owning the vehicle on the property right or other legal causes, providing services in public conveyance, baggage, loads and mail for a fee or on hiring and having on this corresponding permission or the license granted in accordance with the established procedure.

Transport enterprise - the legal entity who is carrier and occupied with economic business activity on carriage of goods, passengers, baggage and mail, to maintenance and repair of the vehicles, rendering other types of service connected with transport activities, and acting according to the legislation of the Kyrgyz Republic.

Article 3. About property on transport

Transport in the Kyrgyz Republic is based on variety of patterns of ownership.

All owners of transport are equal before the law.

State-owned property on transport are:

- iron and highways public and engineering constructions on them;

- main pipelines;

- the shipping waterways, beacons, and also the devices and navigation marks regulating and guaranteeing traffic security;

- aeronautical devices of air traffic control system, network of communications, the engineering networks connected with technology of servicing of air vehicles, air transportation and flight servicing.

Privatization and privatization of state-owned property on transport is performed according to the concept developed by the Government of the Kyrgyz Republic and approved by Jogorku Kenesh of the Kyrgyz Republic.

Article 4. Earth of transport

Lands of transport are:

the lands allocated to land users under transport objects;

the lands for transport roads and ways allocated to the transport, road and other enterprises performing their construction, reconstruction, repair and content.

The land relations arising in case of allocation of land to transport, procedure for their use, including procedure for branch and use of lands public of settlements are regulated by the Land code of the Kyrgyz Republic, and also published according to it legislative and regulations of the Kyrgyz Republic.

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 can be established.

Transport enterprises can provide the lands allocated to them in temporary use to other companies, the organizations, organizations and citizens for storage of loads, servicing of the passengers and other purposes connected with activities of transport.

SECTION 2. SYSTEM OF STATE REGULATION AND MANAGEMENT OF ACTIVITIES OF TRANSPORT

Article 5. State regulation of work of transport

State regulation of work of transport is performed by development of single state policy in the field of development of all modes of transport, legal support, licensing, the taxation, crediting, financing and pricing, implementation of investment, single social and scientific and technical policy, control of execution by transport enterprises and carriers of the legislation of the Kyrgyz Republic.

The state program of development of transport determining among other things amount of decrease in emissions of greenhouse gases in the sector is developed by state body transport and submitted for approval of the Government of the Kyrgyz Republic at least once in 5 years.

Article 6. Licensing of types of activity and services of transport complex

The activities connected with implementation of works and services of transport complex are made on the basis of special permission (license).

Effective period of the license for transport activities and the services providing transport process is established:

on passenger traffic - for 1 year;

on goods transportation - for 3 years;

on acceptance and release of air vehicles of civil aviation, transportation by air transport of passengers, baggage, load and mail, the maintenance of air vehicles and their equipment performed in the territory of the Kyrgyz Republic - for 2 years.

SECTION 3. BASIC PROVISIONS OF ACTIVITIES OF TRANSPORT

Article 7. Bases of economic and economic activity

The basis of the economic and economic relations on transport is created by the market of demand and offers of transport services.

Transport enterprises independently develop plans, sign agreements on performance of works and services according to needs of the customer.

The companies of passenger transport which profitability is not provided with the operating regulated rates are subsidized respectively from republican and local budgets.

State governing bodies in case of establishment to separate categories of persons of privileges for transport services, including the right to free pass, determine source of compensation of the losses of the income of transport enterprises connected with it.

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