ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of December 22, 2011 No. 327

About approval of the Procedure for closing of railway tracks public, including low-intensive lines and sites

According to Item 5.2.53.20 of the Regulations on the Ministry of Transport of the Russian Federation approved by the order of the Government of the Russian Federation of July 30, 2004 No. 395 "About approval of the Regulations on the Ministry of Transport of the Russian Federation" (The Russian Federation Code, 2004, No. 32, Art. 3342; 2006, No. 15, Art. 1612, No. 24, Art. 2601, No. 52 (p. III), Art. 5587; 2008, No. 8, Art. 740, No. 11 (p. I), Art. 1029, No. 17, Art. 1883, No. 18, Art. 2060, No. 22, Art. 2576, No. 42, Art. 4825, No. 46, Art. 5337; 2009, No. 3, Art. 378, No. 4, Art. 506, No. 6, Art. 738, No. 13, Art. 1558, No. 18 (p. II), Art. 2249, No. 32, Art. 4046, No. 33, Art. 4088, No. 36, Art. 4361, No. 51, Art. 6332; 2010, No. 6, Art. 650, Art. 652, No. 11, Art. 1222, No. 12, Art. 1348, No. 13, Art. 1502, No. 15, Art. 1805, No. 25, Art. 3172, No. 26, Art. 3350, No. 31, Art. 4251; 2011, No. 14, Art. 1935, No. 26, Art. 3801, Art. 3804, No. 32, Art. 4832, No. 38, Art. 5389, No. 46, Art. 6526, No. 47, Art. 6660, No. 48, Art. 6922; 2012, to No. 6, of the Art. 686), I order:

1. Approve the enclosed Procedure for closing of railway tracks public, including low-intensive lines and sites.

Approved by the Order the Ministry of Transport of the Russian Federation of December 22, 2011, No. 327

Procedure for closing of railway tracks public, including low-intensive lines and sites

1. This Procedure determines set of actions and procedure of decision making for closing of railway tracks public, including low-intensive lines and sites (further - the Procedure).

2. For closing of railway tracks public, including low-intensive lines and sites (further - railway tracks), the owner of infrastructure of rail transport public (further - the owner of infrastructure) who possesses railway tracks, sends the written offer on closing of railway tracks to the Ministry of Transport of the Russian Federation.

3. The offer on closing of railway tracks is constituted in any form with putting down of date, the sign and seal (in the presence of seal) the owner of infrastructure.

4. In the offer on closing of railway tracks the owner of infrastructure specifies the following information:

1) information about the owner of infrastructure, including:

the name - for the legal entity;

surname, name, middle name (in the presence) - for the individual entrepreneur;

2) the address (post and (or) electronic) the owner of infrastructure to which information on the made decision shall be directed to it;

3) identification taxpayer number (ITN);

4) the primary state registration number of record about state registration of the legal entity (PSRN) and reason code of registration (check point) - for the legal entity or the primary state registration number of record about state registration of the individual entrepreneur (PSRNSP) - for the individual entrepreneur;

5) cadastral, conditional number and number RCATU of the railway track which is subject to closing.

5. The following documents are attached to the offer on closing of railway tracks with the owner of infrastructure:

1) feasibility statement on closing of railway tracks;

2) the proposal of the subject of the Russian Federation in the territory of which railway tracks are located on closing of railway tracks (if the railway track assumed to closing is located in the territory of several subjects of the Russian Federation, it is necessary to attach proposals of all subjects of the Russian Federation in the territory of which the railway track is located);

3) data on amounts and nature carried out on the railway tracks offered to closing, cargo and passenger work;

4) data on technical characteristic and the exact location of the railway tracks which are subject to closing;

5) trackage, subject to closing;

6) information on availability of passenger traffic of trains, and also the consignors and consignees performing cargo operations with use of the railway tracks which are subject to closing;

7) data on expected changes in technology of servicing of passengers, consignors and consignees when closing railway tracks, including calculation of possible change of tariff load in case of transfer of transactions of other railway tracks and assessment of possibility of their servicing by other modes of transport on the corresponding direction;

8) calculation of costs for holding actions for closing of railway tracks;

9) copies of constituent documents of the legal entity and all changes to them certified by the owner of infrastructure seal (in the presence of seal) or using the digital signature (by provision of the offer on closing of railway tracks and documents electronically);

10) data on lack of railway tracks in cases:

a) dismantle of railway tracks at the initiative of the owner of infrastructure;

b) dismantle of railway tracks in case of construction, reconstruction of infrastructure facilities of rail transport within implementation of investment projects which financing is performed with attraction of financial resources of the federal budget, means of the owner of infrastructure (with appendix of the positive conclusion of state examination of the project documentation <1>);

--------------------------------

<1> Item 4 of part 7 of article 51 of the Town-planning code of the Russian Federation (Russian Federation Code, 2005, No. 1, Art. 16; 2018, No. 32, Art. 5135).

c) dismantle of railway tracks by the third parties without the consent of the owner of infrastructure (with application of copies of the resolution on initiation of legal proceedings or resolutions on refusal in initiation of legal proceedings or resolutions on cessation of production on criminal case <2>);

--------------------------------

<2> Code of penal procedure of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 1; 2018, No. 53, Art. 8478).

d) destructions of railway tracks as a result of act of war on which the decision on inexpediency of their recovery is made (with application of copies of the presidential decree of the Russian Federation about introduction of warlike situation, decisions of authorized bodies on inexpediency of recovery of railway tracks);

e) destructions of railway tracks as a result of fighting in case of accomplishment of anti-terrorist actions on which the decision on inexpediency of their recovery is made (with application of copies of decisions of authorized bodies on inexpediency of recovery of railway tracks);

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info