The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Lithuania on railway service and cooperation in the field of rail transport
of July 21, 1993
The government of the Republic of Kazakhstan and the Government of the Republic of Lithuania which are referred to as further "Contracting parties" for the purpose of realization of agreed volume and proper quality of the international and transit carriages, considering necessary to coordinate technology and commercial bases of transportable process for safety of movement and profitability of transportations, and also aiming perhaps more full to consider the needs for freight and passenger traffic,
agreed as follows:
Railway service between the Republic of Kazakhstan and the Republic of Lithuania is performed:
1.1. transit between the Republic of Kazakhstan and the states of Belarus, Latvia, Poland bordering on the Republic of Lithuania, the Russian Federation, and also the states suppliers and receivers of loads through railway and sea crossing in mountains. Klaipeda;
1.2. between the Republic of Kazakhstan and the Republic of Lithuania through the territory of the states the Russian Federation, Belarus;
1.3. the railway transit service between the Republic of Lithuania and the States of Kyrgyzstan, Uzbekistan, Turkmenistan, China through the territory of the Republic of Kazakhstan. Railway service through the territories of the Republic of Kazakhstan and the Republic of Lithuania, and also the mentioned other states is performed based on international agreements about cargo and passenger train traffic (SMGS, SMPS) if other is not provided in the Agreement. This agreement has legal force equal with other contracts and agreements signed earlier concerning transit railway service on the territories of the Republic of Kazakhstan and the Republic of Lithuania.
2.1. Both parties recognize international conventions, contracts and agreements in the field of railway service, post transportations, communication and rates which participants they or transport bodies subordinated to them are.
2.2. Any dispute arising in connection with interpretation or application of this agreement is allowed by means of direct negotiations between the Ministry of Transport of the Republic of Kazakhstan and the Ministry of the Message of the Republic of Lithuania. If the mentioned authorities do not come to the agreement, the dispute is resolved through diplomatic channels.
2.3. If Contracting Parties do not reach at negotiations of the agreement, then the dispute can be submitted Arbitration Court. For what each of Contracting Parties appoints in return on the arbitrator. The appointed arbitrators determine the third arbitrator to whom the obligation of the Chairman of Arbitration is assigned. The parties appoint the arbitrator within 60 days from the moment of obtaining through diplomatic channels of the notice on the offer to resolve matters of argument by arbitration. The chairman of arbitration is appointed within the next 60 days. If one of Contracting Parties does not appoint the arbitrator or the third member of arbitration is not appointed at the scheduled time. Contracting parties can ask the chairman of Organization of the Cooperation of the Railroads (OCR) Committee to appoint the arbitrator and (or) the Chairman of Arbitration.
2.4. Shall carry out contracting parties the award of arbitration or the third parties (organizations), accepted according to Item 2.3. this Article.
2.5. Each of Contracting Parties will foot the bill, work-related the appointed arbitrator. The fee and expenses of the Chairman of Arbitration, and also the expenses connected with arbitration both Contracting Parties pay equally.
Contracting parties consider questions of the financial responsibility connected with damnification to health and property of citizens and freight owners as a result of accidents with people, the accidents or the crashes which happened during transportation process:
3.1. The damage connected with accidents with office personnel compensates that railway body on which staff the victim is under the laws of the country.
3.2. Railway bodies of one Contracting Party bear responsibility to railway bodies of other Contracting Party for the damage caused because of the personnel in case of execution of service duties by it.
3.3. The question of compensation of the damage caused because of faces of railway personnel is solved under approval Agreeing. Losses owing to natural disasters - are not compensated.
3.4. Responsibility for spoil or theft of the load accepted in accordance with the established procedure until obtaining by his receiver, except as specified, stipulated by other agreements, bear bodies of that Contracting Party in the territory of which spoil or theft happened.
3.5. The railway bodies of each of Contracting Parties involved in direct compensation of damage have the right of the recourse action to railway bodies of other Contracting Party which office personnel the actions or failure to act are involved in event and is found guilty.
Contracting parties consider expedient and will support regular technological, economic and scientific cooperation of the departments in the field of railway service, including by such types and the directions as:
4.1. Activities for the organization of tourism.
4.2. Exchange of students for training of specialists of narrow profile.
4.3. Enhancement of the relations concerning establishment of rates.
4.4. Implementation of the modern equipment and technologies, joint operation over Rules of technical operation and other production instructions.
4.5. Research and development.
4.6. Exchange of information.
Contracting parties represent powers to the relevant organs for the conclusion between their railway departments of the agreements establishing acceptable, in relation to specific conditions procedure for implementation of provisions of this agreement.
1. This agreement becomes effective in the day determined by exchange of the diplomatic notes confirming this acceptance.
6.2. This agreement is signed for 10 years and keeps the action until the expiration of 90 days from the date of when one of Agreeing Reports to other Contracting Party about the desire to stop its action.
It is made in Vilnius on July 21, 1993 in duplicate, everyone in the Kazakh and Lithuanian languages, and both tests are equally authoritative. Its official translation into Russian which will be working language is attached to each copy.
For the Government of the Republic of Kazakhstan
For the Government of the Republic of Lithuania
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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