ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2015 No. 82

About approval of Rules of transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities

According to subitem 34-8) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities.

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 of the order on official publication in periodic printed publicity materials and in 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 Minister of investments and development of the Republic of Kazakhstan of January 30, 2015 No. 82

Rules of transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities

1. These rules of transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities (further - Rules) are developed according to the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" and determine procedure for transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities.

2. In these rules the following concepts are used:

1) the objects constructed at the expense of means of physical persons and legal entities (further - objects) - railway tracks, including objects of electric utility service, the alarm system, communication, the device, the equipment, buildings, structures, the constructions and other objects technologically necessary for functioning of the high-level railway net;

2) authorized body - the central actuator performing management in the field of rail transport and also in the limits provided by the legal act of the Republic of Kazakhstan - cross-industry coordination;

3) the address about transfer of objects to structure of the high-level railway net (further - the address) - sent to authorized body written or in electronic form, certified by the digital signature, the offer on transfer to structure of the high-level railway net of the objects constructed at the expense of means of physical persons and legal entities;

4) National railway company - the joint-stock company created according to the decision of the Government of the Republic of Kazakhstan which controlling stock the national managing holding owns, determining general development trends and providing coordination of activities of the National operator of infrastructure, the national carriers and other affiliirovanny legal entities performing activities in the field of rail transport.

3. Objects arrive in state-owned property on the bases, the stipulated in Article 27 Laws of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (further - the Law).

4. For transfer of objects physical persons and legal entities address in writing to authorized body which within three working days from the moment of obtaining sends appeals it to National railway company.

5. The national railway company within seven working days from the moment of receipt of the address performs inspection and testing of objects for compliance to requirements of safety regulations on the rail transport and technical operation of rail transport approved according to subitems 34-11) and 34-12) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport".

6. By results of survey of objects the National railway company within three working days prepares the conclusion about feasibility or lack of feasibility of transfer of objects to structure of the high-level railway net in form according to appendix to these rules (further - the conclusion) and sends to authorized body for further removal at consideration of the commission.

The conclusion prepares taking into account functional purpose of objects, proceeding from the following conditions:

need of safety control of transportation process, train movements and production of shunting operations at stations;

ensuring increase in the throughput and overworking capability of operation points of the high-level railway net;

ensuring development of the station of adjunction;

use of objects (railway tracks) for implementation of giving cleaning on sidings, transactions on overtaking and crossing of passenger and freight trains; need of ensuring content of objects for technically serviceable condition and productions of timely routine maintenance and overhaul repairs.

7. For consideration of the conclusion of National railway company by authorized body the commission is created. The structure of the commission affirms the order of authorized body.

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