Agreement between the Government of the Republic of Kazakhstan and Government of the Kyrgyz Republic on features of legal regulation of activities of the companies, organizations and organizations of rail transport
of April 8, 1997
The government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic which are hereinafter referred to as by the Parties proceeding from:
Agreements between the Republic of Kazakhstan, the Russian Federation, the Republic Kyrgyzstan, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on coordination of activities of rail transport of April 23, 1992, Agreements between the Governments of the Republic of Kazakhstan, the Republic Kyrgyzstan, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on cooperative principles and conditions of relations in the field of transport of April 23, 1992,
Contracts on creation of common economic space between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan of April 30, 1994, for the purpose of ensuring stable work of the railroads of the Republic of Kazakhstan and the Kyrgyz Republic signed this agreement as follows.
The parties agreed to consider the property of rail transport which is part of the railroads of the state of one Party, but located in the territory of the state of other Party, to the companies transferred for action of this agreement to the control, organizations and the organizations on which balance it is.
The concepts used in this agreement mean the following:
"property of rail transport" - the companies and separate objects, and also property of organizations and organizations which at the time of the signature of this agreement are located on the sites which are part of the railroads of the Republic of Kazakhstan, the Kyrgyz Republic and provide transportation of passengers and loads, render services to consignors and consignees, service railroad workers and members of their families. The list of sites of the railroads relating to coverage of this agreement is given in Appendix N 1, being integral part of this agreement;
"property management":
concerning the companies - the right of economic maintaining on ownership, use and the order of the property which is on balance of the company, except for real estate, railway vehicles and containers, the order which it is performed with the consent of the owner of this property or authorized body by the owner;
concerning organizations and the organizations - the right of operational management on ownership, use and the order of the property assigned to organizations and the organizations. Organizations and the organizations have no right to alienate or to dispose otherwise of the property assigned to them acquired at the expense of the funds allocated according to the estimate.
The property of rail transport is property of that state in the territory of which it is located.
Again constructed objects of rail transport, the acquired new personal estate are property of that state at the expense of which they are constructed or acquired.
The companies which are part of the railroads, organizations and the organizations, and also separate property of the companies, organizations and organizations are not subject to privatization and privatization.
For action of this agreement of the earth, taken away under railway tracks and stations (including branch strip), under structures, buildings, constructions, protective and strengthening plantings and other objects of the companies, organizations and organizations (further hereinafter are referred to as - the earth of rail transport), are in use of these companies, organizations and organizations.
The procedure for provision of lands for development of production and social base of the companies, organizations and organizations of rail transport, and also use of lands of rail transport is established according to the legislation of the state in the territory of which they are located.
The land tax is established according to the legislation of the state in the territory of which are located the earth of rail transport.
Creation, reorganization and liquidation of the companies which are in the territory of the Republic of Kazakhstan, organizations and organizations of the railroads of the Kyrgyz Republic as well as which are in the territory of the Kyrgyz Republic of the companies, organizations and organizations of the railroads of the Republic of Kazakhstan are made according to the legislation of the state in the territory of which they are, under approval of both Parties or the state bodies authorized by them.
Financing of activities of the companies, organizations and organizations is made according to the procedure, established for the railroads which part they are.
The procedure for application of railway tariffs when transporting passengers and loads across sites of the railroads relating to this agreement coverage is given in Appendix N 2, being integral part of this agreement.
Questions of work and the salary of employees of the companies, organizations and organizations are regulated according to the legislation of the state which part of the railroads these companies, organizations and the organizations are.
On employees of the specified companies, organizations and the organizations, and also on the veterans of work working at these companies in organizations and the organizations, all social privileges and guarantees established for citizens of the state in the territory of which they live extend.
At the companies, in the organizations and the organizations relating to this agreement coverage, the insurance activity can be performed according to the procedure, established by the legislation of the state in the territory of which they are located.
The omission through frontiers of the armed job specifications of the militarized protection of the railroads accompanying loads, and also police squads and army job specifications (guard) accompanying passenger trains, loads and the escorted persons, in connection with transportation of passengers and loads from the territory of the state of one Party on the territory of the same state, and also from the territory of the state of one Party on the territory of the state of other Party within the same railroad on the sites of the railroads located in the territory of the state of other Party is performed upon presentation of the documents on weapon issued by competent authorities, with the prior notice of relevant organs of the Parties, with rendering the practical help in accomplishment of the assigned tasks.
Disagreements and disputes between the Parties over the questions relating to this agreement coverage will be solved by bilateral negotiations.
This agreement can be changed or added by mutual consent of the Parties.
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