I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 21, 2015 No. 32

About approval of Rules of the termination of railway service on the railway tracks which are state-owned property

According to article 7 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of the termination of railway service on the railway tracks which are state-owned property.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction of the copy on official publication in periodic printed publicity materials and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the first vice-minister of investments and development of the Republic of Kazakhstan Kasymbek Zh. M.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of January 21, 2015 No. 32

Rules of the termination of railway service on the railway tracks which are state-owned property

1. General provisions

1. These rules of the termination of railway service on the railway tracks which are state-owned property (further - Rules), are developed according to article 7 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" (further - the Law) and determine procedure for the termination of railway service by the railway tracks which are state-owned property.

2. The railway service is understood as public conveyance, baggage, loads, cargo baggage and mailings by rail between the points of departure and assignments.

Other concepts and terms used in these rules are applied in the values determined by the Law.

2. Procedure for the termination of railway service on the railway tracks which are state-owned property

3. The termination of railway service is performed by authorized body:

1) based on the offer of National railway company on need of the termination of railway service in view of economic inexpediency (unprofitability) of further operation of railway tracks on certain site of the high-level railway net;

2) in case of not compliance of objects of the high-level railway net, railway tracks and railway vehicles to the established safety requirements of movement and environmental protection.

The offer on the termination of railway service goes National railway company to authorized body within fifteen working days from the date of determination of economic inexpediency (unprofitability) of further operation of railway tracks on certain site of the high-level railway net.

The offer on the termination of railway service is constituted in any form, signed by the head or person having powers of the head, sealed National railway company and shall contain list of persons performing activities on the respective railway district with indication of the public conveyances this about amounts, baggage, cargo baggage and/or loads, data on operating characteristics of activities of the National operator of the infrastructure performed with use of the appropriate railway tracks and availability of alternative modes of transport on the corresponding direction.

Are applied to the offer of National railway company:

1) the certificate reasons of need of the termination of railway service in form, according to appendix to these rules;

2) the economic calculation confirming unprofitability of content and operation of the railway district, and also information on the amounts of financing, necessary for further operation.

4. The authorized body within thirty working days from the moment of receipt of the offer considers the materials about the termination of railway service provided by National railway company and in case of their acceptance, within ten working days after the considered period sends for approval in the Ministry of Defence of the Republic of Kazakhstan and local executive body in the territory of which the railway district is located.

5. The Ministry of Defence of the Republic of Kazakhstan and the local actuator which sends for consideration materials about the termination of railway service consider and approve or motivated reject them within ten working days from the date of obtaining.

6. After approval of the offer on the termination of railway service of the Ministry of Defence of the Republic of Kazakhstan and local executive body in the territory of which the railway district is located the authorized body within ten working days issues the order on the termination of railway service.

Appendix

to Rules of the termination of railway service on the railway tracks which are state-owned property

Form

Certificate reasons of need of the termination of railway service

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