On transport in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 21 September 1994 No. 156

Unofficial translation

      Footnote. The words shall be substituted and excluded by the Laws of the Republic of Kazakhstan dated 28 December 1998 No. 338; dated 9 July 2004 No. 596.

      Throughout the text, after the word "Section" the numbers "I - V" shall be substituted by the numbers "1 - 5" respectively by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

      This Law defines the basis of legal, economic and organizational activities of transport of the Republic of Kazakhstan.

Section 1. General provisions

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used in this Law:
      1) socially important passenger transportations - passenger transportations, arranged to provide affordable tariffs and possibility for free movement of people on the territory of the Republic of Kazakhstan;
      2) a customer (a shipper, a receiver of cargos, a passenger, a freighter) – an individual or a legal entity or a state (represented by executive bodies), using vehicles in accordance with a contract, signed with a carrier;
      3) transportation infrastructure facilities – a technological complex, which includes railways, tramways, light railways, monorail ways and inland waterways, motor roads, tunnels, overhead crossings, bridges, railway stations and terminals, passenger service stations, subway lines, ports, port facilities, shipping waterworks, airfields, airports, communication facilities, navigation and traffic control system facilities, the main pipeline, as well as other buildings, installations, facilities and equipment, ensuring operation of the transport complex;
      4) a transport company - a legal entity, engaged in transportation of freights, passengers, luggage, as well as in storage, maintenance and repair of vehicles, and operating in accordance with the legislation of the Republic of Kazakhstan;
      5) transport logistics - a set of interrelated activities of the transportation process participants for planning and managing transportations of cargoes from a shipper (producer) to a receiver of cargoes through the best route, using various types of transport (railway, road, marine transport, inland waterway and air transport), including monitoring over the movement of cargoes at each phase of transportation;
      5-1) transport and logistics centre – a facility of transportation infrastructure, including a specially allocated area with located buildings on it, designed and suitable to perform preparatory, distributive, final and manufacturing operations with goods and means of transport as well as examination, including customs and border operations in accordance with the law of the Republic of Kazakhstan
      6) transport of the Republic of Kazakhstan – the railway, road, marine, inland waterway, air, urban rail transport, registered within the Republic of Kazakhstan, as well as the main pipeline transport, located on the territory of the Republic of Kazakhstan;
      7) urban rail transport – the type of transport (underground, tram, light rail, monorail transports), used for rail transportation of passengers within a city and suburban area;
      8) underground – the type of urban rail transport, performing regular socially important passenger and luggage transportations by the routes, isolated (separated, without sibling intersections) from the lines of other types of transport and crossing over them by pedestrians;
      9 ) a carrier – an individual or a legal entity that owns a vehicle on the ownership right or otherwise lawfully, providing services for transportation of passengers, luggage, cargoes and mailings for a fee or salary and possessing a license or a relevant permit, issued in accordance with the established order;
      10) direct mixed traffic – transportation of cargoes, passengers and luggage by various types of transport by a single transport document;
      11) an authorized state body - the central executive body, implementing the state policy in transport area, coordination and regulation of the transport complex of the Republic of Kazakhstan.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan, dated 16.05.2014 No 203-V (shall be enforced upon expiry of six months after its first official publication); dated 10.11.2014 No 249-V (shall be enforced upon expiry of ninety calendar days after its first official publication).

Article 2. Legislation on transport

      Legislation of the Republic of Kazakhstan on transport shall be based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      If an international treaty, ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall be applied.
      Relations, associated with the activities of a pipeline transport shall be regulated by the relevant legislation of the Republic of Kazakhstan.
      Conditions of carriage, the order of use of vehicles, safety in technical regulations (hereinafter - the security) of vehicles and their life cycle processes for human life and health and the environment shall be defined by the regulations, applied at the relevant types of transport, approved in the established order and mandatory for all participants of transport relations.
      Footnote. Article 2 is amended by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338; dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005); dated 29 December 2006 No. 209 (the order of enforcement see Art. 2).

Article 2-1. Principles of transport logistics

      Transport logistics principles shall be the following:
      1) lawfulness;
      2) focus on the customers’ needs;
      3) security;
      4) safety;
      5) unity of procedures;
      6) equal access;
      7) integration into the global transport and logistics system.
      Footnote. Section 1 is supplemented by Article 2-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 3. On ownership right to transportation vehicles

      Public motor roads, navigable waterways, light towers, navigation devices and signs, regulating and guaranteeing safety of navigation, locks, air navigation devices of air traffic control bodies, engineering networks, related to ensuring safety of flights, as well as underground, are the state owned property and shall not be subject to alienation.
      Air navigation devices of air traffic control bodies are the state-owned property and may be in private ownership in the cases, specified by the Laws of the Republic of Kazakhstan.
      The main railway network shall not be subject to privatization and shall be transferred to the national managing holding company under the conditions and in the order, established by the Government of the Republic of Kazakhstan, for transfer to the National Railway Company to be the subsequently transferred to the national operator of the infrastructure.
      The main, station tracks and other facilities of the main railway network that are the state-owned, shall be transferred to the national managing holding under the conditions and in the order, established by the Government of the Republic of Kazakhstan, for the transfer to the National Railway Company to be subsequently transferred to the national operator of the infrastructure.
      The seaports, possessing the status of international significance, shall not be subject to privatization and may be transferred as payment for shares of the national managing holding company, national holding and national company under the terms and in the order, established by the Government of the Republic of Kazakhstan.
      Driveways and narrow-gauge lines, as well as motor roads, except those mentioned in the first paragraph of this Article, may be both in state and private ownership.
      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414 -IV (shall be enforced from the date of its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 12.01.2012 No. 538 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 35 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. Transport lands. The procedure for allotment of lands and waters for transport needs

      Transport lands in the republic are recognized:
      - the lands, allotted to land users for transport facilities;
      - the lands for transport roads and tracks routes, allotted to transportation, road and other organizations, involved in their construction and operation.
      Land and water relations, arising during the land allocation for transport and granting of waters for water transport, the order of their use shall be regulated by the land, water and transport legislation.
      In order to ensure reliable operation of the facilities and other transportation objects in the areas, prone to landslides, mudslides, blurring and other natural hazards, the protective zones shall be established.
      Transport companies and carriers are obliged to use allotted to them lands in accordance with their designated purpose and conditions for their allotment, to apply environmental protection technologies of production and prevent deterioration of the environmental situation in the territory in the result of their activities.
      Footnote. Article 4 is amended by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338.

Section 2. The system of state regulation and transport management

Article 5. State regulation of transport activity

      The state regulation of transport activity shall be carried out through the regulatory support, licensing, technical regulation, taxation, crediting, funding and pricing, investment, the unified social and scientific-technical policy implementation, realization of control and supervision over the implementation of the legislation of the Republic of Kazakhstan by the transport companies.
      State agencies shall not be entitled to interfere with the economic activity of transport companies, as well as to divert operational personnel of transport companies to other works, except for the cases, stipulated by the legislation of the Republic of Kazakhstan.
      In order to handle situations that threaten political, economic and social stability of the Republic of Kazakhstan or its political sub-division, as well as the life and health of people, the state bodies, within their competence, established by the legislation of the Republic of Kazakhstan, shall publish regulatory legal acts on the use of railway, motor road, marine, inland waterway and air transport, administered by the state bodies.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Art. 2); dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 63 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. The state management of transportation

      Transportation management shall be carried out by the authorized state body, established under the resolution of the President of the Republic of Kazakhstan and acting in accordance with the Regulations, approved by the Government of the Republic of Kazakhstan.
      The main tasks of the authorized state body are:
      the protection of the interests of the Republic of Kazakhstan in the field of transport;
      international cooperation in the field of transport;
      development of drafts of regulatory legal acts, governing the transport activity in the Republic of Kazakhstan, and participation in development of national standards;
      formation and implementation of the investment, scientific, technical and social policy;
      creation of conditions to meet the needs of the economy and people of the country in carriage, including the socially significant passenger carriage and the related services;
      control and supervision over the observance of the rights of consumers of transport services;
      development of forecast of the needs of the state and population in carriage;
      coordination and implementation of the state regulation of the transport complex activity of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 09.07.2004 No. 596; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Licensing of transport activities

      The list of certain types of activities in transport, subject to licensing, shall be established by the legislative acts.
      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.1998 No. 338; as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No.461 -IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. The competence of local representative and executive bodies on transport

      The competence of local representative and executive bodies on transport field shall be implemented in accordance with the Law of the Republic of Kazakhstan "On local government and self-government in the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan.
      During organization of a passenger’s carriage on regular inter-republican routes of the passenger transport, the carriers should enter into contracts for maintenance of these routes with local executive bodies or their authorized bodies that organized corresponding carriage, unless otherwise provided by the Laws of the Republic of Kazakhstan.
      Regular socially significant underground passenger transportations shall be organized by a local executive body of the relevant administrative-territorial unit, where the underground is located.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 28.12.2010 No. 369 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Section 3. Basic provisions of transport activity

Article 9. The basis of economic and business activities

      The basis of economic and business relations in transport area is formed by the supply- and- demand market of transport services.
      Transport companies and carriers carry out their activities on a commercial basis.
      Transport companies and carriers develop plans independently and enter into contracts for execution of works and services in accordance with customer needs.
      The state bodies that have made a decision to organize passenger transportations, profitability of which is not provided by the existing regulated tariffs shall subsidize losses of carriers at the expense of budget funds.
      Rules of subsidization of underground passenger traffic shall be determined by the Government of the Republic of Kazakhstan.
      Maintenance of navigable waterways, locks, and inspections of shipping safety shall be carried out at the expense of budget funds.
      For the use of the main railway network, public ports, for flight control and air navigation services in the airspace of the Republic of Kazakhstan, the legal entities and individuals, including the foreign ones shall pay fees in the order and in the amount, defined by the legislation of the Republic of Kazakhstan.
      The use of navigable waterways of the Republic of Kazakhstan shall be on a paid basis.
      The rates, the order of calculation and payment to the budget of fee for the use of navigable waterways shall be defined in accordance with the Tax Code of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 15.12.2001 No. 272 (shall be enforced from 01.01.2002); dated 24.12.2001 No. 276 (shall be enforced from 01.01.2002); dated 09.07. 2004 No. 596; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 28.12.2010 No. 369 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461 -IV (shall be enforced from 30.01.2012). dated 02.07.2014 No. 225-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Tariffs

      Free (contractual) tariffs shall be established for cargo, passenger, luggage transportations and services related to transportations (except for the cases, provided by paragraph 4 of Article 9 of this Law), ensuring the work of economic entities, engaged in transport activities.
      The regulated tariffs (uniform tariff within the state) may be established for certain types of transport services as a mean of the state social policy or as a mean to overcome monopoly activity in transport field, in the order established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 10 is amended by the Law of the Republic of Kazakhstan dated 28 December 1998, No. 338.

Article 11. Transportation of cargoes, passengers, luggage, mailings, rendering of forwarding services

      Upon transporting cargos, passengers, luggage, mailings and rendering transport and forwarding services, a carrier is obliged:
      - to have a permission, authorized by the Law of the Republic of Kazakhstan “On permissions and notifications”;
      - to conclude an agreement (a contract) with a client in a prescribed form;
      - to provide vehicles with the documents of compliance certification;
      - to compensate damage, caused to a client and a third party, including the loss of time in money terms;
      - to ensure safety of passenger, create for him/her necessary comfort, conditions of service, and provide timely transportation and safety of luggage in the event of checking in luggage by a passenger;
      - to ensure traffic safety;
      - to provide freedom of choice of transport on the transport services market to the client;
      - to receive documents, confirming compliance of being shipped cargo with its certificate of consignment;
      - to fulfill the requirements of the state bodies within their competence to carry out specific and military transportations (expenditures for such transportations shall be reimbursed from the budget in accordance with the legislation of the Republic of Kazakhstan);
      - to insure its civil liability before the passengers in the order, specified by legislative acts of the Republic of Kazakhstan on compulsory insurance.
      A carrier has the right to set prices for transportation freely in accordance with the pricing rules, except for the regulated transportations.
      A carrier has not right to refuse rendering transportation services to legal entities and individuals except for the cases, provided for by the legislative acts on transport of the Republic of Kazakhstan.
      Upon transporting cargo, passengers, luggage, mailing, rendering transport and forwarding services, a customer has the right to:
      - require fulfillment of a contract, concluded between him and a carrier;
      - challenge the compliance of transportation with its certificate in accordance with the established procedure;
      - require compensation for damages, including the loss of time in money terms.
      A client is obliged to:
      - comply with the terms of the contract, concluded with a carrier;
      - to provide a carrier with a document, confirming cargo’s certification compliance;
      - to follow the rules of transportation;
      - to provide cargoes and luggage in a form, ready for transportation.
      Passenger shall be obliged to come to the point of departure until transportation not later than the time, established by the rules of transportation. An arrival time at the point of departure shall be specified in the ticket.
      Individual rights and responsibilities of a client and a carrier shall be defined by an agreement of the parties in a contract of carriage.
      Conditions of transportation of cargoes, passengers, luggage, mailings, carrying out transport and forwarding and responsibilities of the parties for transportation and forwarding services shall be defined by the regulatory legal acts and contracts of carriage.
      The rules of transportation of passengers by underground shall be approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 08.05.2003 No. 414; dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 04.07.2013 No. 132-V (the order of enforcement see Article 2); dated 16.05.2014 No 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Direct mixed traffic with different types of transport

      Railway, sea, inland waterway, air and motor road transport system create a direct mixed traffic by applying the principles of logistics and the use of transport infrastructure.
      Relationships of transport organizations in a direct mixed traffic, as well as the order of organization of these transportations shall be defined by the agreements among organizations of the respective types of transport, concluded in accordance with the rules on direct mixed traffic, approved by the authorized state body.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. The rights of passengers. Travel privileges for certain categories of passengers

      A passenger has the right to:
      - buy a ticket for any type of transport and for any route, opened for passenger traffic;
      - get a seat according to the ticket bought;
      - take one child under 7 for free, at the international traffic - under 5 years of age for all types of transport, except air transportations, without the right for a seat for the child on the railway, marine and inland waterway transport, intercity-service buses, as well as on urban and suburban transport, except taxis;
      - buy tickets for children aged 5 -12 for international carriage with 50 percent discount for the total ticket price for all types of transport except air;
      - buy tickets for children aged 7 - 15 years with 50 percent discount of the total ticket price to the transportations, carried out by a carrier of the Republic of Kazakhstan for all types of transports except air;
      - take one child under the age of 2 years for free in air transport without the right for a seat for the child;
      - buy tickets for children aged 2 to 15 years on air transport with 50 percent discount of the total ticket price, except for international transportations;
      - buy tickets for children aged 2 to 12 years for international transportations, performed by a carrier of the Republic of Kazakhstan on air transport, with 50 percent discount of the total ticket price.
      If carriage is performed by several carriers of different countries with participation of a carrier of the Republic of Kazakhstan, this right shall be given to the passengers when being transported by a carrier of the Republic of Kazakhstan:
      - to extend validity of a ticket at a stopover for not more than 10 days in all types of transport, except urban and suburban transport. A carrier shall be entitled to prolong validity of the ticket at a stopover;
      - to return a ticket prior to a transportation and get back the amount paid for the transportation at any office of a carrier, rendering transportation services. The order of return shall be defined by the authorized state body.
      A free carriage of luggage and hand luggage weighing up to 20 kg shall be established at air transport, urban and suburban bus transportations. The total weight of hand luggage, taken to the airplane and its size limits shall be set by the carrier.
      A free carriage of luggage and hand luggage, weighing no more than 35 kg shall be established at the railway, marine, inland waterway transports, as well as the inter-city buses.
      Carriers are entitled to increase the weight of the carried luggage for all types of transport and to establish other privileges.
      A carrier that refused to continue transportation is obliged to deliver passengers to their destination points at his own expense or to reimburse all losses, caused to the passenger by the termination of a contract.
      In the cases, established by the Laws of the Republic of Kazakhstan, the resolutions of the Government of the Republic of Kazakhstan, the decisions of local representative and executive bodies, the carriers shall be obliged to transport a certain category of passengers free of charge or offer them other travel privileges.
      The Government of the Republic of Kazakhstan, as well as the local representative and executive bodies, when specifying the certain categories of people for travel privileges, including the right to free passage, the source of funding shall be defined and the executive bodies shall sign a contract with the carriers.
      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 29.09.2005 No. 77 (shall be enforced from 01.01.2006); dated 15.07.2010 No. 340 -IV (the order of enforcement see Art. 2).

Article 14. Transit traffic of cargoes and passengers

      Transit traffic of cargoes and passengers through the territory of the Republic of Kazakhstan shall be carried out by:
      railway, air, road, marine and inland waterway transports by motor roads, highways and waterways, opened for interstate traffic in accordance with the current legislation of the Republic of Kazakhstan, international agreements and treaties.

Section 4. Security, energy efficiency and responsibility on transport

      Footnote. The title of Section 4 is in the wording of the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542 -IV (shall be enforced upon expiry of six months after its first official publication).

Article 15. Requirements for vehicles

      Vehicles shall meet the requirements of energy efficiency, security of life and human health, environment, established by technical regulations in the field of transport, have a conformity assessment document, and must be registered in the order, specified by the legislation of the Republic of Kazakhstan.
      The procedure for conformity of vehicles shall be defined by the legislation of the Republic of Kazakhstan.
      The vehicles that do not meet safety requirements, established in accordance with the legislation of the Republic of Kazakhstan on technical regulation, shall not be imported, sold and exploited.
      Footnote. Article 15 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Art. 2); as amended by the Laws of the Republic of Kazakhstan dated 13.01.2012 No. 542 -IV (shall be enforced upon expiry of six months after its first official publication); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-1. The state registration of vehicles of urban rail transport

      The procedure of the state registration of vehicles of urban rail transport shall be defined by the Government of the Republic of Kazakhstan.
      Fee is charged in the order and in the amount, specified by the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code) for the state registration of vehicles of urban rail transport.
      Footnote. Section 4 is supplemented with Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan, dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-2. Requirements to transport – logistics centres

      The authorized state body develops and approves standard requirements for facilities and technical equipment of transport-logistics centres.
      Footnote. Section 4 is supplemented with the Article 15-2 in accordance with the Law of the Republic of Kazakhstan, dated 10.11.2014 No 249-V (shall be enforced upon expiry of ninety calendar days after its first official publication).

Article 16. A driving license

      A driving license shall be given to the person who has an appropriate qualification and passed a medical examination with the documents of an established form.
      Qualification requirements for driving a vehicle and physical and health qualifications shall be defined in the order, established by the regulatory legal acts of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338.

Article 17. Liability of a carrier

      Agreements of a carrier with passengers and cargo owners on limitation or elimination of liability, established by the legislation, are void, except for the cases when such agreements for cargo transportations are provided for by the legal acts.
      A carrier ensures safety of cargo, luggage and mailings since their acceptance for transportation and until submission to a recipient.
      A carrier is liable for loss, shortage or damage of cargoes or luggage, unless he proves that the loss, shortage or damage of cargoes or luggage was not his fault.
      Damage, caused during shipping of cargoes or luggage shall be compensated by a carrier:
      - in case of loss or shortage - in the value of the lost or missing cargo or luggage;
      - in case of damage of cargo or luggage - in the amount by which its value was reduced, and if it is impossible to restore the damaged cargo or luggage - in the full value;
      - in case of loss of cargo or luggage, handed over for carriage with the declaration of its value - in the amount of the declared value of the cargo or luggage.
      Cost of cargoes or luggage is determined taking into account its price, which is set depending on the types of transportations and transport under the regulations (methods), approved by the authorized state body, or based on the principles of the relevant international conventions, joined by the Republic of Kazakhstan.
      Documents, containing information about the causes of non-safety of cargoes or luggage (a commercial act, an act of a general form, etc.), made by a carrier unilaterally, in the event of a dispute, shall be assessed by the court along with other documents, certifying the circumstances which may be the ground for the carrier's liability, consignor or consignee of the cargo or luggage.
      If due to the damage for which a carrier is responsible, the quality of cargoes or luggage has changed so much that it may not be used for its intended purpose, the recipient of cargoes or luggage shall be entitled to reject it and demand compensation for its loss.
      In case of loss or shortage of cargoes or luggage, a carrier together with the payment of compensation reimburses the transportation fees for the lost cargo or luggage.
      The checked luggage or cargo shall be considered lost if it is recognized by a carrier or if the luggage or cargo has not arrived at the destination point within 7 days following the date of delivery.
      However, if the cargoes have arrived at the end of the specified deadline, a receiver shall be entitled to receive the cargoes and return the amount, paid by the carrier for the loss of luggage or cargo.
      The legislative acts may provide for other types of liability.
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338.

      Article 17-1. Claims and actions on cargo and passenger transportations

      Prior to filing a claim against a carrier on the disputes related to transportations, submission of a claim is mandatory.
      Claims may be submitted within three months, and claims on payment of fines and penalties – within one month.
      If a claim is rejected or no response is received within the timeframes, specified by this article, an applicant shall have the right to file a suit.
      The limitation period for claims, arising from cargo and (or) passenger transportations, shall be regulated in the order, established by the legislation.
      The limitation periods and the procedure for filing claims on disputes, related to international transportations, shall be established by the international treaties, agreements or conventions.
      Footnote. Article 17-1 is introduced by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338. Amendments are made by the Law of the Republic of Kazakhstan dated December 6, 2001 No. 260.

Article 18. Delivery date of passengers, cargoes and luggage and responsibility for the delays

      A carrier is obliged to deliver cargo or luggage at the destination point within the timeframes, specified by the Rules of cargo and luggage transportations, approved by the authorized state body. If the delivery time is not specified in the established order, the parties shall be entitled to set the timeframes in the contract.
      If passenger transportation is delayed due to the carrier’s fault, the latter shall pay a fine to the passenger in the amount of 3 percent of the ticket price for each hour of delay, in addition to the compensation of damages to the passenger, if they occurred.
      The amount of fines, recovered by a passenger shall not exceed the price of the bought ticket.
      For delay in delivery of luggage a carrier shall pay a fine to a receiver of luggage in the amount of 10 percent of the transportation fee for each day of delay, but not more than 50 percent of the transportation fee.
      For delay in delivery of cargo, a carrier shall pay a fine to a receiver in the amount of 5 percent of the transportation fee for each day of delay, but not more than 50 percent of the transportation fee.
      A carrier shall be released from liability for delay of delivery of cargo or luggage, if the delay was not his fault.
      A carrier is liable for damages, caused to a sender or a receiver of luggage or cargo due to the delayed transportation, if the latter occurred.
      If flights are delayed for 10 hours or more, a carrier shall be obliged to provide passengers with hotel accommodation and meals at his own expense.
      Upon request, a passenger shall receive an official document or ??a note on the ticket, explaining the reason for the delay.
      The amount of damages, provided for in this Article and the procedure for their assessment, shall be established by the Rules of cargo and luggage transportations, approved by the authorized state body.
      Footnote. Article 18 is amended by the Law of the Republic of Kazakhstan dated 28 December 1998 No. 338.

Article 19. Responsibility of a passenger, a sender and a receiver of cargo or luggage

      Passengers, a sender and a receiver of cargo or luggage shall be liable for the damage, caused through their fault to other persons, property of a carrier and other persons, for which a carrier is responsible.
      A sender shall be responsible for the damage caused to a carrier or another person, to whom the carrier is liable, for the incorrect, inaccurate or incomplete data, specified in the shipping documents.
      A sender shall be liable to a carrier for any damage that may occur due to the inaccurate, incomplete or incorrect data, indicated in the shipping documents.

Article 20. A carrier's liability for death or injury of passengers

      A carrier shall be liable for damage, arising after the death or injury of passengers during transportations, unless he proves that the damage was caused due to the intent of the victim or due to force majeure.
      Footnote. Article 20 is amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

Article 21. Protection of cargo and transport facilities

      Protection of cargo and transport facilities, as well as preventive works on fire safety and recovery works at rail, air transport, and underground shall be carried out by the paramilitary security services and anti-fire service departments in the order, specified by the Government of the Republic of Kazakhstan.
      The departments of the paramilitary security services shall be provided with firearms and special devices.
      The weapons and special equipment shall be used in accordance with the legislation of the Republic of Kazakhstan.
      The most important transportation facilities and special cargoes shall be protected by the sub-divisions of the internal troops of the Interior Ministry of the Republic of Kazakhstan, the special sub-divisions of the Ministry of Defense of the Republic of Kazakhstan and the National Security Committee of the Republic of Kazakhstan, as well as the special paramilitary security services.
      Carrying out of scheduled maintenance on fire safety and recovery work on the subway is carried out by fire service in the manner, specified by the authorized state body in the field of fire safety in coordination with local authorities.
      Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 No 275-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Transport management in emergency situations

      In emergency situations of social, natural and manmade nature, announcement of the state of emergency, the contractual relations of transport companies may be suspended by a decision of the Government of the Republic of Kazakhstan, the authorized body on transport, the local executive body for emergency situations and their consequences.
      Transport companies shall be required to take necessary measures to provide priority services to vehicle owners to organize transport management in emergency situations of social, natural and manmade nature, and the announcement of the state of emergency.
      During the emergencies of social, natural and manmade character, the announcement of the state of emergency, the expenditures of transport enterprises, related to the mobilization readiness, civil defense and rescue and recovery operations shall be reimbursed from the budget in accordance with the Budget Code of the Republic of Kazakhstan.
      Transport companies shall be obliged to take immediate measures to eliminate consequences of natural disasters and accidents, as well as other circumstances of an extraordinary nature.
      Footnote. Article 22 is in the wording of the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121 -V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22-1. Obligation to provide law enforcement and special state bodies with transport

      Individuals and legal entities shall be obliged to fulfill the legitimate requirements of law enforcement officials and special state bodies on the use of transport (except for the representation offices of foreign states and international organizations with diplomatic immunity) to reach to the scene of emergencies and to bring victims to hospitals to provide them with the emergency medical assistance.
      Vehicle owners shall receive compensations for the use of transport in the cases, provided for in this Article, as well as for the caused damages at the expense of the state budget in the order, established by the civil legislation of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 22-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121 -V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. Security and environmental standards for transport

      Carriers shall be obliged to ensure safety of life and health of citizens, traffic safety, shipping and flights, as well as the environmental protection.
      Territories of subway stations, ports, docks, airports, transport companies and railways, as well as waterways, used for transportation and cargo handling, shall be the zones of the high risks. The rules of staying in a high-risk zone and conduction of works shall be approved by the Government of the Republic of Kazakhstan.
      Protection and support of dangerous cargoes in accordance with the list, approved by the Government of the Republic of Kazakhstan shall be carried out by senders or receivers of cargoes throughout the entire journey.
      Clients, sending and receiving explosive, flammable, radioactive, toxic and other dangerous cargoes, shall be obliged to ensure safe movement, to have special devices and mobile units, required to prevent accidents during the transportation of cargoes, as well as for disaster management.
      During transport activities, including transport and vehicles of foreign countries, located in the territory of the Republic of Kazakhstan or crossing it, the requirements, established by the legislation of the Republic of Kazakhstan on safety of human life and health and environment shall be observed.
      Design and construction of transport enterprises in the areas of mineral deposits, their placement in the areas of underground structures shall be prohibited. In exceptional circumstances, they shall be allowed under the permission of the authorized state body for geology and mineral protection.
      Transport companies and carriers shall be obliged to plan, implement and fund environmental activities, to conduct production and institutional control for environment and mineral resources protection.
      Carriers shall be obliged to ensure compliance with the established standards for environmental protection, air basin, water reservoirs, lands and rational use of natural resource. For the damage, caused to the environment, the carriers shall be liable in the order, prescribed by the Laws of the Republic of Kazakhstan.
      Terms of stay in a hazardous area of a subway and its efforts shall be approved by the local executive body.
      Footnote. Article 23 as amended by the Laws of the Republic of Kazakhstan dated 28.12.1998 No. 338; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2006 No. 209 (the order of enforcement see Art. 2 ); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. (Is excluded by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

Article 24-1. Screening

      1. According to the level of threat, established in accordance with the legislation of the Republic of Kazakhstan on anti-corruption, passengers and persons that visit the objects of transportation infrastructure, their things, as well as a hand-luggage and luggage are subject to screening.
      The order and requirements for carrying out the screening of passengers and persons, visiting the objects of transportation infrastructure, their things, as well as a hand-luggage and luggage shall be determined by the Government of the Republic of Kazakhstan.
      2. The screening of passengers and persons, visiting the objects of transportation infrastructure (hereinafter – visitors), their things, as well as a hand-luggage and luggage shall be carried out by the employees on the subject of safeguarding activity upon conclusion of an agreement on rendering security services.
      For the purposes of this Article, individuals and legal entities shall be regarded upon subjects of transportation activity, beneficially owned or other legal basis of which the objects of transportation infrastructure shall be.
      3. Technical means, requirements, established by the Government of the Republic of Kazakhstan shall be applied upon screening.
      4. Screening of passengers and visitors, their things, as well as a hand - luggage and luggage shall precede the mandatory offer to present possibly available materials and items, prohibited to importation onsite of transportation infrastructure.
      5. On finding the screening of contours and other signs of possibly available materials and items, prohibited to importation onsite of transportation infrastructure by technical means, a personal screening of passengers and visitors including the screening of their things, as well as a hand-luggage and luggage shall be carried out.
      Personal screening shall be carried out within necessary for finding of materials and items, prohibited to importation onsite of transportation infrastructure.
      Personal screening shall be carried out by the persons of a single gender with the inspected person in specifically designated rooms, meeting the requirements of sanitary and epidemiological rules and regulations.
      It is prohibited to carry out a personal screening of several persons at the same time in one room.
      The results of personal screening shall be recorded by the act, signed by a person, that carries out a screening and a person in relation to whom a personal screening is carried out.
      6. Persons, avoiding a screening, personal screening is not allowed onsite of transportation infrastructure, whereof a reasonable act is filed.
      7. If upon screening of a passenger and his things, as well as a hand-luggage and luggage, materials and items, prohibited to importation onsite of transportation infrastructure, where not found, the administration of the object of transportation infrastructure, on which such a screening is carried out shall be obliged to take necessary measures, securing the departure of a passenger by the route for which he (she) has a ticket or by another route, and in the case of refusal of a passenger from transportation, cost of a ticket and its unused part provided by the legislation of the Republic of Kazakhstan shall be compensated.
      8. Persons that carry out a screening shall be obliged to be attentive and polite in relation to passengers and visitors and not allow the actions that mortify their pride.
      9. The subjects of transportation activity shall subject to attestation for the compliance with the order and requirements on carrying out the screening of passengers and visitors, their things, as well as a hand luggage and luggage.
      An authorized state body shall conduct attestation of the subjects of transportation infrastructure in the manner determined by the Government of the Republic of Kazakhstan.
      10. The lists of objects of transportation infrastructure, on which the screening is carried out, persons, in relation to whom a screening as well as matters and items, prohibited to importation to the objects of transportation infrastructure are not carried out shall be established by the Government of the Republic of Kazakhstan.
      Footnote. Section 4 is supplemented by Article 24-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.07.2014); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24-2. Information support

      1. Carriers, as well as foreign carriers, carrying out transportation of passengers by railway (except for suburban route and in the cases of passenger loading in places, unequipped with booking offices), air and sea transport, arriving in the territory of the Republic of Kazakhstan (departing from its territory) or by the next transit with transfer in the territory of the Republic of Kazakhstan, as well as by the operators of airports shall be provided by provision of details on registered and (or) booked tickets, as well as through the automatic systems and database on a real-time basis to the authorized state body and (or) law enforcement and special state bodies.
      2. The order of information to the authorized state body and (or) law enforcement and special state bodies, specified in paragraph 1 of this Article shall be determined by the government of the Republic of Kazakhstan.
      3. Upon registration of tickets for transportation, specified in paragraph 1 of this Article, a carrier or another person, carrying out sale of ticket shall provide a record of following data:
      1) surname, name, patronymic ( in its presence);
      2) type and number of document, proving ones identity, on which a traffic document (ticket) is acquired;
      3) place and date of departure, point of destination, type of the route (direct, transit);
      4) contact details with the consent of a passenger (email address and (or) phone number), by which a carrier or another person, carrying out the sale of tickets may contact with this passenger.
      4. Individuals and legal entities, carrying out the sale of tickets, upon their registration shall provide with filling of details on Kazakh and Russian languages, and upon carrying out of international transportation additionally in English language.
      Footnote. Section 4 is supplemented by Article 24-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.07.2014); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Section 5. Final provisions

Article 25. Traffic control and supervision

      Footnote. The title is amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      Traffic control and supervision of compliance with the legislation of the Republic of Kazakhstan on transport, the requirements for safety and ecology in operation of vehicles shall be carried out by the authorized body and other state bodies within their competence, established by the Laws of the Republic of Kazakhstan.
      Traffic control, carried out by the authorized state body shall include:
      1) control over compliance with the rules of transportation of passengers and cargoes, including dangerous cargoes;
      2 ) control over safe railway traffic, including the main, station and branch railways;
      3 ) control over the state registration of railway rolling stock;
      4) control and supervision over the safety of shipping and navigation;
      4-1) control and supervision over the observance of the Laws of the Republic of Kazakhstan and regulations of the Government of the Republic of Kazakhstan by individual and legal entities, which regulate functioning of the waterway transport, revelation and adoption of measures to prevent violation;
      5)control over compliance with the permit system in international road transportations;
      6 ) control over compliance with the legislation of the Republic of Kazakhstan on licensing in transport services;
      7 ) Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication);
      8 ) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication );
      9) control and supervision over the compliance with the rules of navigation in inland waterways;
      10) control and supervision over the compliance with the operating and maintenance of rules and service regulations on a ship;
      11) control and supervision over the port pilot service and other marine services;
      12) control and supervision over the signing of a contract by a carrier on a compulsory insurance of civil liability of a carrier to passengers;
      13 ) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461 -IV (shall be enforced from 30.01.2012).
      14 ) control over the vehicles passing through the territory of the Republic of Kazakhstan;
      15 ) control over the compliance of the vehicle drivers with the established regime of work and rest during transportation of passengers and cargoes, including dangerous cargoes;
      16 ) control over the compliance with the acceptable parameters of vehicles, intended for transportation by the roads of the Republic of Kazakhstan;
      17 ) Is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102 -V (shall be enforced upon expiry of ten calendar days after its first official publication).
      When implementing control and supervision, the officials of an authorized state body shall wear uniforms (without shoulder straps) and present service certificates if required.
      Samples of uniform (without shoulder straps) and the order of wearing shall be approved by the authorized state body.
      The standards for provision of uniforms (without shoulder straps) shall be approved by the Government of the Republic of Kazakhstan.
      An authorized state body interacts with the central and local executive bodies, takes joint measures for control and supervision, and provides a mutual information exchange.
      The state bodies shall be obliged to assist the authorized state body in implementing the tasks for transport control and supervision of traffic safety in accordance with the legislation of the Republic of Kazakhstan;
      18) control and supervision over the flight of individual and legal entities, related to the Civil Aviation, in accordance with the basic rules of flights in the airspace of the Republic of Kazakhstan;
      19 ) control and supervision over the compliance of civil aviation organizations with the established requirements and standards for professional training and health status of aviation personnel;
      20) control and supervision over the airworthiness of civil aircraft of the civil aviation organizations;
      21) control and supervision over the compliance with the requirements of flight and technical operation of aircraft and its ground maintenance;
      22) control over the maintenance of the objects of airfields ( heliports ) and runways;
      23 ) control and supervision over the marking of objects in the area of the civil aviation airport;
      24) control and supervision over the international air transportations;
      25) control and supervision over the aviation security;
      26) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      27) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      28 ) control over the compliance of the legal entities and individuals with the regulatory legal acts, international treaties of the Republic of Kazakhstan, establishing the functions of railway transport, revelation and adoption of measures to prevent their violation;
      29) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      Footnote. Article 25 is in the wording by the Law of the Republic of Kazakhstan dated 31.01.2006 No. 125; as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.01.2011 No. 379 - IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461 -IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132 -V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25-1. State control and supervision in transport area

      Footnote. The title is amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. State control and supervision in transport area shall be carried out in the form of inspections and other forms.
      2. An inspection shall be carried out in accordance with the Law of the Republic of Kazakhstan "On State Control and Supervision in the Republic of Kazakhstan." Other forms of state control shall be carried out in accordance with this Law.
      Footnote. Article 25-1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188 -IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378 -IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25-2. Dates of inspections

      Footnote. Article 25-2 is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188 -IV (the order of enforcement see Art. 2).

Article 26. International relations in the field of transport

      An authorized state body shall represent the interests of the republic in the international relations in the field of transport with the right to enter into agreements and contracts in the order, established by the legislation of the Republic of Kazakhstan.
      In accordance with the current legislation of the Republic of Kazakhstan, the carriers shall be entitled to develop foreign economic cooperation with legal entities and individuals of other countries and to export (import) cargoes (works, services).
      Footnote. Article 26 is amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).

      The President
      of the Republic of Kazakhstan