Article 41. Services of railway tracks of non-public use

Owners of non-public railway tracks (hereinafter — branch owners) are entitled to provide participants of the transportation process with services of non-public railway tracks for the passage and parking of rolling stock, the delivery and removal of cars and containers, the implementation of operations for reception, loading (unloading), and delivery of cargo, shunting work, and other operations on the basis of a contract for the provision of services of non-public railway tracks.

Branch owners collect a fee for the provision of services of non-public railway tracks. The fee for using the services of non-public railway tracks is regulated by competition legislation.

The collection of a separate fee for the use of structures, devices, and elements of a non-public railway track intended for moving rolling stock from one track to another is prohibited.

Branch owners are obliged to ensure participants of the transportation process an equal right to use the services of non-public railway tracks.

In the absence of a competitive non-public railway track, branch owners are obliged to prevent actions (inaction) leading to the cessation of providing services of the non-public railway track to participants of the transportation process, except in cases provided for by legislation.

The branch owner bears full property liability for the non-fulfillment or improper fulfillment of obligations under contracts, including with a counterparty.

Workers performing official duties on non-public railway tracks are obliged to fulfill the orders of the infrastructure operator on issues of organizing shunting work.