RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of November 19, 2013 No. 310

About approval of Regulations on procedure for passing by subjects of entrepreneurship of allowing procedures in the field of rail transport in the Ministry of transport of the Republic of Uzbekistan

In pursuance of the Law of the Republic of Uzbekistan "About allowing procedures in the field of business activity" and according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 15, 2013 No. 225 "About measures for implementation of the Law of the Republic of Uzbekistan "About allowing procedures in the field of business activity", and also for the purpose of establishment of single procedure for passing of allowing procedures by subjects of entrepreneurship in the field of rail transport the Cabinet of Ministers decides:

1. Approve:

Regulations on procedure the Ministry of transport of the Republic of Uzbekistan of examination on projects and works on acceptance for operation of objects, products and technologies regarding compliance to their established requirements in the field of rail transport according to appendix No. 1;

Regulations on procedure for approval by the Ministry of transport of the Republic of Uzbekistan for use in production of technical solutions on prolongation of service life of locomotives, goods and rail reefers according to appendix No. 2.

2. To GI "Uzgoszheldornadzor", the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

3. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan B. I. Zakirov.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 19, 2013 No. 310

Regulations on procedure the Ministry of transport of the Republic of Uzbekistan of examination on projects and works on acceptance for operation of objects, products and technologies regarding compliance to their established requirements in the field of rail transport

I. General provisions

1. This Provision determines procedure the Ministry of transport of the Republic of Uzbekistan (further - the Ministry of transport) examinations of projects and works on acceptance for operation of objects, products and technologies of rail transport regarding compliance to their established requirements in the field of rail transport for issue by results of the carried-out expertize of the conclusion granting the right to implementation of projects and works on acceptance for operation of objects, products and technologies (further - the conclusion), by the scheme and form according to appendices No. No. 1 and 2 to this Provision.

2. In this Provision the following basic concepts are used:

the applicant - the subject of entrepreneurship - the legal entity, submitting documents for receipt of the conclusion to the Ministry of transport;

object of rail transport (further - object) - being in operation: railway infrastructure (sites of railway infrastructure); components of railway infrastructure (subsystem: ways of railway electric utility service, management, control, alarm system and communication, station); organized railway rolling stock and its components (subsystems: trains, shunting structures, ottsepa); rail transport public; departmental railroad side tracks and access railway tracks which owners are physical persons, and also technological rail transport;

products of rail transport (further - products) - again made for rail transport: railway rolling stock and (or) its components, and also elements of components of subsystems of infrastructure of rail transport or set of elements of components of its subsystems;

technology of rail transport (further - technology) - set of the methods and processes used in the field of rail transport, and also the scientific description of methods of technical production, including complex of the organizational measures, transactions and acceptances directed to production, servicing, repair and (or) operation of products of rail transport;

examination - consideration the Ministry of transport of documents of projects and works on acceptance for operation of objects, products and technologies regarding compliance to their established requirements in the field of rail transport. During conducting examination compliance of the submitted documents to requirements of the legislation and regulating documents in the field of technical regulation is determined.

3. The conclusion is issued for a period of 5 years.

II. Allowing requirements and conditions

4. When implementing by the applicant of projects and works on acceptance for operation of objects, products and technologies treat allowing requirements and conditions:

obligatory compliance with law when implementing projects and works on acceptance for operation of objects, products and technologies;

safety of movement, safe engineering, requirements and regulations of fire safety, production sanitation and ecology;

compliance of technical equipment, devices and tools, and also service personnel to the requirements established on rail transport;

implementation of projects and works on acceptance for operation of objects, products and technologies in the limits specified in the conclusion;

the notification Ministry of Transport within seven working days after passing of re-registration about change of the name or the location (postal address) of the applicant.

III. Documents necessary for receipt of the conclusion

5. For receipt of the conclusion the applicant submits the following documents to the Ministry of transport:

the statement for issue of the conclusion with indication of: names, location (postal address) and form of business of the applicant; projects and works on acceptance for operation of objects, products and technologies for form according to appendix No. 3 to this Provision;

copy of the certificate on state registration of the legal entity;

the technology of performance of works developed by the applicant, performed in the field of rail transport (technique of technical diagnosing for prolongation of service life of railway rolling stock), approved as the head of the organization for works in the field of rail transport, with reduction of requirements of the applicant for the internal control of the organization established by management of the organization.

6. The requirement from the applicant of documents, not stipulated in Item the 5th this provision, is not allowed.

7. The documents necessary for receipt of the conclusion are represented by the applicant to the Ministry of transport directly, through means of mail service or electronically with the notification on their obtaining. The documents submitted electronically are confirmed by the digital signature of the applicant.

8. The documents submitted to the Ministry of transport for receipt of the conclusion are accepted according to the inventory which is without delay issued the Ministry of transport (goes) to the applicant with mark about date of documents acceptance.

IV. Consideration of the application and decision making about issue of the conclusion or about refusal in its issue

9. The ministry of transport considers the application, performs examination of projects and works on acceptance for operation of objects, products and technologies then issues or refuses issue of the conclusion in time, not exceeding fifteen working days from the date of documents acceptance provided in Item 5 of this provision. For consideration of the application collection is not levied.

10. If the Ministry of transport during term, stipulated in Item 9th this provision, does not issue to the applicant the conclusion or does not refuse its issue, then after this term the applicant has the right to perform projects and works on acceptance for operation of objects, products and technologies for which implementation he intended to receive the decision, having in writing notified on it the Ministry of transport.

In case, the provided in paragraph one of this Item, the Ministry of transport within five working days on receipt of the written notice of the applicant shall issue it the conclusion. Before receipt of the conclusion the inventory of the submitted documents with mark on date of their acceptance and the written notice sent by the applicant to the Ministry of transport are equated to the conclusion and are the basis for implementation of projects and works on acceptance for operation of objects, products and technologies.

11. The deputy minister of transport based on the Management of licensing and issue of allowing documents of the Ministry of transport of the act of compliance prepared by specialists in form according to appendix No. 4 to this Provision signs the conclusion or refuses its issue.

The deputy minister of transport is ratified official stamp.

12. The ministry of transport issues (sends) to the applicant the conclusion or notifies him in writing on refusal in issue of the conclusion no later than one working day from acceptance date of the relevant decision. For issue of the conclusion and prolongation of term of its action collection is not levied.

13. Issue of the conclusion it can be refused on the following bases:

representation by the applicant of the documents specified in Item 5 of this provision, not in full;

discrepancy of the applicant to allowing requirements and conditions;

availability in the documents submitted by the applicant, the doubtful or distorted data.

The refusal in issue of the conclusion on other bases, including based on inexpediency, is not allowed.

14. In case of decision making about refusal in issue of the conclusion the notification on refusal goes (is handed) to the applicant in writing with indication of causes of failure, specific regulations of the legislation and term during which the applicant, having removed the specified causes, can submit documents for de novo review. The term during which the applicant has the right to remove causes of failure and to submit documents for de novo review, there cannot be less than ten working days from the date of receipt of the written notice of refusal in issue of the conclusion.

15. In case of elimination by the applicant of the reasons which formed the basis for refusal in issue of the conclusion at the scheduled time de novo review of documents, issue of the conclusion or refusal in its issue are performed the Ministry of transport in time, not exceeding ten working days from the date of receipt of the statement for elimination of the causes of failure and the relevant documents certifying elimination of causes of failure. For de novo review of the statement of the subject of entrepreneurship collection is not levied.

16. In case of de novo review of documents reduction from outside the Ministry of transport of the causes of failure which are earlier not stated in writing to the applicant, except for reductions of the causes of failure connected with the documents certifying elimination of earlier specified reasons is not allowed.

17. The application submitted by the applicant after the term specified in the written notice of refusal in issue of the conclusion is considered again given and the Ministry of transport in accordance with general practice is considered.

18. The applicant has the right to appeal in accordance with the established procedure refusal in issue of the conclusion, and also action (failure to act) of the official the Ministry of transport.

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