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LAW OF THE REPUBLIC OF TAJIKISTAN

of July 3, 2012 No. 847

About transport safety

(as amended of the Law of the Republic of Tajikistan of 23.12.2021 No. 1846)

This Law regulates the legal, organizational, economic and other relations connected with ensuring transport safety and steady activities of transport complex.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- transport safety - condition of security of objects of transport infrastructure and vehicles from acts of illegal intervention;

- ensuring transport safety - realization of the system of the legal, economic, organizational measures in the field of transport complex corresponding to threats of making of acts of illegal intervention determined by the state;

- the act of illegal intervention - the illegal action (including act of terrorism) which is menacing to safe activities of transport complex, entailed damnification of life and to human health, material damage or created threat of approach of such effects;

- authorized state bodies in the field of ensuring transport safety - the actuators of the government determined by the Government of the Republic of Tajikistan to perform functions on rendering the state services in the field of ensuring transport safety;

- categorization of objects of transport infrastructure and vehicles - reference of objects of transport infrastructure and vehicles to certain categories taking into account the degree of threat to making of the act of illegal intervention and its possible effects;

- objects of transport infrastructure - the technological complex including railway and inland waterways, contact routes, highways, tunnels, bridges, platforms, railway and bus stations, specialized fishing and river ports, port means, shipping hydraulic engineering constructions, airfields, the airports, objects of communication systems, water and aerial navigation and mission control of vehicles, and also others, the buildings providing functioning of transport complex, constructions, devices and the equipment;

- assessment of vulnerability of objects of transport infrastructure and vehicles - determination of degree of security of objects of transport infrastructure and vehicles from threats of making of acts of illegal intervention;

- the specialized organizations in the field of ensuring transport safety - the legal entities identified by authorized state bodies in the field of ensuring transport safety according to the procedure, established by the Government of the Republic of Tajikistan, for evaluating vulnerability of objects of transport infrastructure and vehicles;

- subjects of transport infrastructure - physical persons and legal entities, being owners of objects of transport infrastructure and vehicles or using them according to the legislation of the Republic of Tajikistan;

- vehicles - the air, railway, automobile, water, electric and pipeline transports intended for transportation process;

- transport complex - objects and subjects of transport infrastructure, vehicles;

- degree of transport safety - the degree of security of transport complex corresponding to the degree of threat to making of the act of illegal intervention.

Article 2. Legislation of the Republic of Tajikistan on transport safety

The legislation of the Republic of Tajikistan on transport safety is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 3. Purposes and tasks of ensuring transport safety

1. The purpose of ensuring transport safety is steady and safe functioning of transport complex, protection of interests of the personality, society and state in the field of transport complex from acts of illegal intervention.

2. Tasks of ensuring transport safety are:

- normative legal regulation in the field of ensuring transport safety;

- determination of threats of making of acts of illegal intervention;

- assessment of vulnerability of objects of transport infrastructure and vehicles;

- categorization of objects of transport infrastructure and vehicles;

- development and implementation of requirements for ensuring transport safety;

- development and implementation of measures for ensuring transport safety;

- training of specialists in the field of ensuring transport safety;

- control and supervision in the field of ensuring transport safety;

- information, material and scientific and technical support of transport safety.

Article 4. Principles of ensuring transport safety

The principles of ensuring transport safety are:

- legality;

- respect for balance of interests of the personality, society and state;

- the cross liability of the personality, society and state in the field of ensuring transport safety;

- integration into the international security systems;

- interaction of subjects of transport infrastructure and state bodies.

Chapter 2. Transport safety and measures for its providing

Article 5. Ensuring transport safety

1. Ensuring transport safety of objects of transport infrastructure and vehicles is assigned to subjects of transport infrastructure if the legislation of the Republic of Tajikistan does not provide other.

2. The state control in the field of ensuring transport safety is exercised by authorized state bodies in the field of ensuring transport safety according to the legislation of the Republic of Tajikistan.

Article 6. Assessment of vulnerability of objects of transport infrastructure and vehicles from acts of illegal intervention

1. The procedure for evaluating vulnerability of objects of transport infrastructure and vehicles is established by authorized state bodies in the field of ensuring transport safety, in coordination with state bodies of homeland security and internal affairs of the Republic of Tajikistan.

2. Assessment of vulnerability of objects of transport infrastructure and vehicles is carried out by the specialized organizations in the field of ensuring transport safety, state bodies of homeland security and internal affairs taking into account requirements for ensuring transport safety.

3. Results of the carried-out assessment of vulnerability of objects of transport infrastructure and vehicles affirm authorized state bodies in the field of ensuring transport safety.

4. Distribution of data on results of the carried-out assessment of vulnerability of objects of transport infrastructure and vehicles, is forbidden.

Article 7. Categorization of objects of transport infrastructure and vehicles

1. The amount of categories and criteria of categorization of objects of transport infrastructure and vehicles are established according to the procedure, determined by authorized state bodies in the field of ensuring transport safety, in coordination with state bodies of homeland security, law-enforcement bodies and authorized state bodies in the field of economic development.

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