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The agreement between the Government of Ukraine and the Government of the Republic of Estonia on cooperation in industry of rail transport

of February 15, 1995

Government of Ukraine and Government of the Republic of Estonia, further "the Contractual Parties",

based on the principles of equal partnership and mutual respect,

giving coordination weight in joint activities of rail transport of both states,

recognizing extreme importance of development of the international freight and passenger traffic between both states and transit across their territories to the third countries,

agreed with it:

Article 1

1. The contractual Parties perform cooperation, provide each other necessary assistance for the purpose of further development of railway service between both countries, take necessary measures for enhancement of international carriages of passengers and loads.

2. The contractual Parties consider it expedient to develop regular technological, economic and scientific cooperation in industry of rail transport.

Article 2

Terms which are used in this Agreement make such sense:

1. "Competent authorities of the Contractual Parties":

from the Ukrainian side - the Ministry of transport of Ukraine;

from the Estonian side - the Ministry of Transport and Communications of the Republic of Estonia.

2. "Railroads of the Contractual Parties":

from the Ukrainian side - Public administration of rail transport of Ukraine (Ukrzheldortrans);

from the Estonian side - the State company "Estonian Railroad" (Eesti Raudtey).

3. "Office personnel" - officials of transport enterprises and organizations of both states which directly perform the tasks following from this Agreement.

Article 3

1. Each of the Contractual Parties will provide within the national legal system and the existing international rules necessary conditions for free transportation of passengers, loads, baggage and mail, journey of railway vehicles as between both states, and transit across their territories to the third countries.

2. The contractual Parties undertake to observe procedure for transportation of passengers, loads, baggage and mail according to international agreements and conventions in industry of rail transport which participants they are.

Article 4

1. The contractual Parties recognize necessary to perform the coordinated tariff policy in the international railway service.

2. The procedure of payments and payments in the international railway service is determined by special agreements between Competent authorities of the Contractual Parties.

Article 5

The contractual Parties provide urgent informing each other on emergence of obstacles in implementation of railway service in the territories of the states, and also about elimination of these obstacles.

Article 6

The contractual Parties provide to the Competent authorities and the Railroads of power for the conclusion of agreements which determine detailed, according to specific conditions, procedure for implementation of provisions of this agreement.

Article 7

1. Competent authorities and the Railroads of the Contractual Parties under mutual approvals can direct to the territory of the state of other Contractual Party the Office personnel for task performance which follow from this Agreement.

2. Office personnel of each of the Contractual Parties:

a) carries out the obligations in the territory of the state of other Contractual Party according to the international standards and rules, the national legal system of the Contractual Parties and mutually agreed staff instructions;

b) shall adhere in case of entrance, departure and stay in the territory of the state of other Contractual Party of the laws and rules existing there;

c) has the right in case of stay in the territory of the state of other Contractual Party to wear uniform and distinctions of the state.

3. Competent authorities and the Railroads of each of the Contractual Parties bear responsibility for work of the Office personnel during its stay in the territory of the state of other Contractual Party and exercise control of its activities.

4. Each Contractual Party free of charge provides necessary first aid to Office personnel of other Contractual Party which temporarily stay in its territory and carry out service duties there.

Article 8

Crossing of frontier by Office personnel of the Contractual Parties for task performance which follow from this Agreement is performed at the established check points according to the national legal system of the Contractual Parties and international treaties.

Article 9

1. In case of determination of the financial responsibility connected with damnification to health and property of citizens and freight owners owing to accidents or accidents which happened during transportation process the Contractual Parties are guided by such principles:

a) harm which is done to persons or property of Office personnel owing to accident or accident in case of accomplishment of service duties by them in the territory of the state of other Contractual Party compensates under the laws of the state and the Railroad on which staff the victim is;

b) responsibility for harm which is done to persons or property of Office personnel of one Contractual Party owing to accidents or accidents which happened to them in the territory of the state of other Contractual Party not during execution of them service duties is born under the laws of the state by the Railroad of that Contractual Party in the territory of which state there were accident or accident;

c) responsibility for harm which is done to the third parties or their property owing to accidents or accidents which happened during transportation process is born under the laws of the state by the Railroad of that Contractual Party in the territory of which state there were accident or accident if it is not determined that harm is done purposely or owing to force majeure.

2. The liability for loss which are caused owing to damage or theft of the load accepted in accordance with the established procedure by the time of issue to his receiver, except as specified, which are caused by other agreements is born by the Railroad of that Contractual Party in the territory of which state damage or theft happened.

3. The mutual financial responsibility of the Railroads of both Contractual Parties is determined by such principles:

a) The railroad of one Contractual Party bears responsibility to the Railroad of other Contractual Party for harm which is done because of the Office personnel, defective content or misuse of railway constructions, devices and other technical means, violation of the established regulations and rules of transportation process;

b) The railroad of each of the Contractual Parties bears responsibility in proportion with degree of the fault in damnification. In cases when is excluded to determine responsible, the Railroads of both Contractual Parties bear responsibility in equal shares;

c) losses which arose owing to force majeure are not subject to compensation in the presence of supporting documents;

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