The national carrier illegally appropriated the control functions of the state body

The national carrier illegally appropriated

control functions of the state body

 

The basics of legal regulation of the activities of the owners of access roads are regulated by the provisions of the Law "On Railway Transport".

A special law prescribes on a regular basis to check compliance with safety requirements on railway access roads.

This duty of state control is assigned to the Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.

According to the complaint of one of the branch owners, the prosecutor's office found that on the basis of the order of February 8, 2021, the National Company "Kazakhstan Temir Zholy" illegally delegated the powers of the State Control to organize the audit to its territorial branches.

When issuing an order by a national carrier, it is not taken into account that the state establishes powers that cannot be delegated to private organizations in principle.

At the protest of the Chief Transport Prosecutor on April 23, 2021, the norms of the order for conducting inspections that contradict the law were excluded.

This prevented inspections of 2,845 private branch owners with whom the national company had concluded contracts for the supply and cleaning of wagons.

At the same time, we inform that entrepreneurs can report violations of their rights and legitimate interests to the hotlines of the mobile groups of the transport Prosecutor's office, which are posted on the official page of the Main Transport Prosecutor's Office – www.gov.kz.

Main Transport Prosecutor's Office