Accepted at the thirty eighth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 23, 2012 No. 38-15)

MODEL LAW

About rail transport

This Law establishes bases of state regulation, legal, organizational and economic operating conditions of rail transport.

Article 1. Bases of functioning of rail transport

1. Rail transport is component of single transport system of the state.

Rail transport - the industry of economy of the state including complex of the relations connected with satisfaction needs of physical persons, legal entities, the state in rail haulings.

Rail transport in interaction with other modes of transport is designed to provide timely and qualitatively needs of physical persons, legal entities and the state for transportations by railway transport, to promote creation of conditions for development of economy and ensuring unity of economic space in the territory of the state.

2. Rail transport consists of rail transport public, rail transport of uncommon use, and also technological rail transport.

Operation of this Law extends to functioning of rail transport public, rail transport of uncommon use, and concerning technological rail transport - is exclusive regarding requirements to transactions with containers, railway rolling stock which performs further exit to railway tracks of general or uncommon use, and to objects of technological rail transport on which the specified transactions of transportation process are carried out.

3. Functioning of rail transport is performed proceeding from the following principles:

- preserving integrity and ensuring uninterruptedness of functioning of infrastructures and centralized dispatching management of transportation process within infrastructure;

- development of the high-level railway system and railway vehicles of rail transport;

- stability of work and dynamic development of rail transport;

- development of transportations;

- availability and quality of the rendered services;

- safety of rail transport and processes of its lifecycle for life and health of the person and the environment;

- development of the competition and forming of the developed market of services of rail transport;

- ensuring territorial integrity of the state;

- coordination of functioning of single transport system of the state;

- implementation of tariff, tax and customs policy on rail transport according to the legislation of the state;

- creation of conditions of free entrepreneurship for attraction of private investments on rail transport and non-admission of illegal intervention of state bodies in economic activity;

- environmental protection;

- maintenance of mobilization readiness of rail transport;

- development assistance of import-substituting productions for needs of rail transport;

- expansion of transit and international carriages.

4. Legal regulation in the field of rail transport public is under authority of the state. Legal regulation in the field of rail transport of uncommon use is under joint authority of the state and its subjects.

5. The property of the organizations of rail transport, including the earth on which there is this property can be in state, municipal, private and other patterns of ownership according to the legislation of the state.

Article 2. Basic concepts

For the purposes of this Law the following basic concepts are applied:

baggage - the property of the passenger weighing up to 200 kg accepted in accordance with the established procedure for transportation in the passenger or post and luggage train to the railway station of destination specified in the travel document (ticket);

traffic safety and operation of rail transport - condition of security of process of movement of railway rolling stock and the railway rolling stock from threats technogenic (technical and technological) nature in case of which there is no unacceptable risk of emergence of the transport incidents and their effects involving damnification of life or to health of citizens, harm to the environment, property of physical persons or legal entities;

the owner of infrastructure - the legal entity or the individual entrepreneur owning infrastructure on the property right or other legal cause;

the owner of infrastructure facility - the legal entity or physical person owning infrastructure facility on the property right or other right;

the owner of infrastructure complex of rail transport of uncommon use (the organization of industrial rail transport) - the legal entity or physical person owning infrastructure complex of rail transport of uncommon use on the property right or other right;

military rail haulings - rail haulings of the military units and divisions, military loads, military teams and individuals passing military service, service in law-enforcement bodies, organizations and bodies of criminal executive system, the staff of bodies of public service of safety performed according to military carriage documents. Features of the organization of ensuring military transportations are determined by separate regulatory legal acts;

the state control (supervision) in the field of rail transport - the activities of authorized bodies of the government and their territorial subdivisions directed to the prevention, identification and suppression of violations by legal entities and physical persons of the requirements established by the regulatory legal acts determining mandatory requirements to rail transport and procedure for its functioning by means of the organization and conducting checks of legal entities and physical persons, individual entrepreneurs, acceptances of stipulated by the legislation measures for suppression and (or) elimination of effects of the revealed violations, and also activities of the specified authorized bodies of the government for systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of mandatory requirements when implementing activities by legal entities, individual entrepreneurs;

load - the object (including products, objects, minerals, materials, raw materials, production wastes and consumption) accepted in accordance with the established procedure for transportation in goods wagons, containers;

cargo baggage - the object weighing more than 200 kg accepted from physical person or legal entity in accordance with the established procedure for transportation in the passenger, post and luggage or passenger-and-freight train;

the consignor (sender) - the physical person or legal entity which according to the transportation agreement acts on its own behalf or on behalf of the owner of load, baggage, cargo baggage, the mailing and is specified in the carriage document;

the consignee (receiver) - the physical person or legal entity authorized on receipt of load, baggage, cargo baggage, the mailing;

railway rolling stock - locomotives, cargo, luggage, cars of locomotive draft and motorvagonny railway vehicles, and also other vehicles intended for ensuring implementation of transportations and functioning of rail transport;

railway tracks public - the railway tracks in the territories of the railway stations which are infrastructure facilities intended for implementation of transactions of transportation process on rail transport public and also the railway tracks connecting the specified railway stations;

railway tracks of uncommon use - the railroad side tracks adjoining directly or through other railroad side tracks railway tracks public and also the railway tracks which are not adjoining railway tracks public, intended for servicing of certain users by services of rail transport on the terms of agreements or performance of works for own needs of their owner;

the railway station - infrastructure facility (set of infrastructure facilities) - Item within the territory of infrastructure or railway tracks of uncommon use which divides railway track into stages or block sites provides functioning of infrastructure of rail transport or railway tracks of uncommon use, has the traveling development allowing to carry out transactions on acceptance, departure, overtaking of trains, transactions on servicing of passengers and acceptance, issue, loading, unloading of loads, baggage, cargo baggage, and in case of the developed trackage layouts to perform shunting works on disbandment and forming of trains and technical transactions with trains, and also maintenance and preparation of railway rolling stock, containers to transportation;

rail transport public - the production and technological complex including infrastructure facilities of rail transport public, railway rolling stock, and also the organizations of rail transport providing requirements of physical persons and legal entities, the states in transportations by railway transport on the terms of the public agreement and accomplishment of other works (services) connected with such transportations;

rail transport of uncommon use - set of the production and technological complexes including infrastructure facilities of rail transport of uncommon use, railway rolling stock, and also the organizations of rail transport providing requirements of physical persons and legal entities, the states in transportations by railway transport and accomplishment of other works (services) on the basis of agreements or for own needs in places of uncommon use;

the earth of rail transport - the earth of transport, used or intended for the placement of railway tracks of general and uncommon use, buildings, structures, constructions, platforms, devices, protective constructions, the equipment and other objects necessary for ensuring operation of such ways, establishment of strips of branch and conservation zones of the railroads, and also the parcels of land used or intended for placement of the objects of rail transport which are not intended for ensuring operation of railway tracks;

infrastructure of rail transport public (further - infrastructure) - the technological complex including set of the infrastructure facilities belonging to one or several persons, intended and allowing to provide accomplishment of all stages of transportation process on rail transport public;

infrastructure complex of rail transport of uncommon use - the technological complex including set of the objects of rail transport of uncommon use belonging to one or several persons, intended for servicing of certain users by services of rail transport on the terms of agreements or performance of works for own needs, and also allowing to provide accomplishment of separate transactions of transportation process;

control of observance of requirements in the field of rail transport - check of accomplishment by the legal entity or individual entrepreneur of safety requirements of movement and operation of rail transport;

running - movement of the locomotive on infrastructure of rail transport public along certain route with certain intervals;

privileges and benefits on rates, charges and payment on rail transport - partial or full relief from payment of applicable fares, charges and payment on transportations of passengers, loads, baggage and (or) cargo baggage, on services in use of infrastructure and (or) established for separate categories of citizens, and (or) for other works performed on rail transport, the rendered services based on the international treaties and regulatory legal acts determining these privileges and benefits by rates, charges and payment and also procedure for their application;

places of uncommon use - the railway tracks of uncommon use covered and the ground storages, and also the sites located in the territory of the railway station, which are not belonging to the owner of infrastructure or leased to them and used for accomplishment of transactions on loading, unloading of loads, including containers, certain users by services of rail transport;

places public - the covered and ground storages, and also the sites which are specially allocated for the territories of the railway station belonging to the owner of infrastructure and used for accomplishment of transactions on loading, unloading, sorting, storage of loads, including containers, baggage, cargo baggage of users by services of rail transport;

safety of movement and operation of rail transport - system of the economic, organization-legal, technical and other measures undertaken by public authorities, local government bodies, the organizations of rail transport, other legal entities, and also physical persons and directed to decrease in risk of origin and prevention of transport incidents and decrease in risk of damnification of life or to health of citizens, harm to the environment, property of physical persons or legal entities;

dangerous goods - load which owing to properties inherent in it under certain conditions in transit, accomplishment of shunting, handling works and storage can become cause of explosion, the fire, chemical or other type of infection or damage of technical means, devices, the equipment and other objects of rail transport and the third parties, and also damnification of life or to health of citizens, harm to the environment;

objects of rail transport of uncommon use - railway tracks of uncommon use, railway stations, constructions and devices of electric utility service, communication network, system of the alarm system, centralization and blocking, the information complexes, traffic control systems, other buildings, structures, constructions, platforms, devices, protective constructions, the equipment providing accomplishment of separate transactions of transportation process on rail transport of uncommon use or providing functioning of infrastructure complex of rail transport of uncommon use or its certain sites;

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