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Agreement between the Government of the Kyrgyz Republic and Government of the Russian Federation on the international automobile communication

The government of the Kyrgyz Republic and the Government of the Russian Federation which further are referred to as with the Parties

wishing to develop on the basis of reciprocity automobile passenger and freight traffic between both states and transit across the territories of their states, and also wishing to facilitate this message,

agreed as follows:

Article 1

1. According to this agreement are transported passengers and loads between the states of the Parties and transit across their territories, and also in (from) the third countries, the vehicles registered in the Kyrgyz Republic or in the Russian Federation.

2. This agreement does not affect the rights and obligations of the Parties following from other international treaties signed by them.

Article 2

The concepts and terms used in this agreement mean the following:

a) "competent authorities":

from the Kyrgyz Side - the Ministry of Transport and Communications of the Kyrgyz Republic,

concerning Articles 7 and 10 - also the Ministry of Internal Affairs of the Kyrgyz Republic;

from the Russian Side - the Ministry of Transport of the Russian Federation,

concerning Articles 7 and 10 - also the Ministry of Internal Affairs of the Russian Federation;

If the specified competent authorities will change, names of new bodies shall be transferred to other Party through diplomatic channels;

b) "carrier" - any physical person or legal entity registered in the territory of the state of one of the Parties and allowed according to the national legal system to accomplishment of the international motor transportations of passengers or loads;

c) "vehicle":

in transit passengers - the bus, that is the vehicle intended for transportation of passengers and having more than 9 places for sitting including driver's seat, perhaps, with trail car for luggage transport;

in transit loads - the cargo vehicle, the trailer hauling truck, the tractor truck or the tractor with semitrailer truck;

d) "permission" - the document granting the right to journey of the vehicle registered in the territory of the state of one Party on the territory of the state of other Party;

e) "transit transportation" - transportation of passengers or loads on the territory of the state of one of the Parties in case of which the points of departure and appointments are out of the territory of this state;

e) "regular transportation of passengers" - the transportation of passengers by bus performed along the routes approved with competent authorities of the Parties, the schedule, rates, Items of stops on which the carrier will make landing and disembarkation of passengers;

g) "irregular transportation of passengers" - transportation of passengers by buses which does not fall under determination "regular transportation of passengers";

h) "health control" - sanitary, veterinary, and also phytosanitary control.

Article 3

1. Regular transportations of passengers are performed on the permission issued by competent authorities of the Parties under approval and on the principles of reciprocity.

2. Requests for receipt of permission are submitted to competent authorities of the state where the carrier is registered. Competent authorities of the Parties transfer each other the received applications. In the request the name of carrier (firm), route, the schedule of movement, rate, Items of stops on which the driver will make landing and disembarkation of passengers, the period and regularity of accomplishment of transportations, and also expected term of opening of movement shall be specified.

3. The competent authority of the Party issues permission to that site of way which passes on the territory of its state.

4. The mixed commission, stipulated in Article the 18th this agreement, determines form of permission and the request for its obtaining, and also procedure for issue and use of permission.

5. The decision on issue of permission or refusal in its issue is accepted in 3-month time.

6. The maximum effective period of permission - 5 years. In case of lack of demand for transportations the carrier can stop them, is preliminary (a month before the termination of transportations) having informed on it the competent authority which issued permission which in turn will inform on it competent authority of other Party.

Article 4

1. For irregular transportations of passengers between both states or transit across their territories receipt of permissions is not required. In case of accomplishment of irregular transportations of passengers the bus driver shall have the passenger manifest in the form approved by competent authorities of the states of the Parties.

2. Entrance without the permission of the empty bus on the territory of the state of other Party in cases is allowed:

a) replacements of the defective bus with other bus;

b) entrance for the purpose of the return transportation by the same carrier of group of passengers of the Item which is in the territory of the state of other Party in which this group was earlier brought, in Item of initial departure.

Article 5

For transportation of goods between two states or transit across their territories receipt of permission is not required. This procedure extends also to the drive of empty vehicles.

Article 6

1. The transportations provided by this agreement can be carried out only by carriers which according to the national legal system of the state, are allowed to implementation of international carriages.

2. The vehicles performing international carriages shall have registration and distinctive marks of the state. Trail cars and semitrailer trucks can have registration and distinctive marks of other countries provided that cargo vehicles or tractor trucks will have registration and distinctive marks according to the Kyrgyz Republic or the Russian Federation.

Article 7

1. The carrier shall get special permission of competent authority of other Party if dimensions, the total weight or loads of axis of the vehicle exceed the regulations established in the territory of the state of other Party.

2. If the permission specified in Item 1 of this Article provides movement of the vehicle along certain route, shall be transported only along this route.

Article 8

In transit dangerous goods of the Party shall provide accomplishment of all requirements of international treaties which participants are the Kyrgyz Republic and the Russian Federation, and also the national legal system.

Article 9

1. The carrier of the state of one Party is not allowed to transport passengers and loads between the Items located in the territory of the state of other Party.

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