Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-12)

THE MODEL CODE OF THE INLAND WATER TRANSPORT FOR THE STATE PARTIES OF THE CIS

Chapter I. General provisions

Article 1. The relations regulated by this Code

1. This Code governs the relations arising between the organizations of inland water transport of the State Parties of the CIS, consignors, consignees, passengers and other physical and (or) legal entities when implementing navigation on inland waterways of the State Parties of the CIS and determines their rights, obligations and responsibility.

2. Provisions of this Code extend on:

inland waterways of the State Parties of the CIS and navigable hydraulic engineering constructions located on them, moorings;

the ports located on inland waterways of the State Parties of the CIS;

vessels and floating objects, held for use for the purpose of navigation on inland waterways of the State Parties of the CIS.

3. Provisions of this Code, except as specified directly provided in it, do not extend to warships, the boundary ships, military auxiliary vessels, and also the vessels used for the purpose of transport servicing and (or) safety of objects of the state protection. Conditions of navigation of the specified vessels on inland waterways of the State Parties of the CIS are determined by resolutions of the governments of the State Parties of the CIS.

4. On sites of inland waterways of the State Parties of the CIS on which navigation and hydrographic conditions of ensuring navigation of vessels and safety of navigation, including holding rescue operations, conform to requirements of merchant shipping the relations arising from safety of navigation of vessels under the terms of merchant shipping are regulated by the Maritime Code, and the relations arising from the transportation agreement - this Code.

Article 2. The legislation in the field of inland water transport of the State Parties of the CIS

The legislation in the field of inland water transport of the State Parties of the CIS consists of constitutions of the states, of this Code, civil and administrative codes of the states, other state laws, regulations of the government, regulatory legal acts of executive bodies.

Article 3. Basic concepts

For the purpose of of this Code the following basic concepts are used:

administration of the pool of inland waterways - the organization created in the form of state budgetary institution and performing the content of inland waterways, the state port control and other functions determined according to this Code in the pool of inland waterways;

the port water area - the isolated site of inland waterway used for ensuring activities of port;

baggage - the property which is handed over to carrier by the passenger which the carrier shall deliver in destination and based on the luggage receipt to issue;

the pool of inland waterways - the part of inland waterways isolated and having general climatic, navigation and hydrographic terms of ensuring navigation of vessels and hydroweather conditions;

inland waterways of the State Parties of the CIS (further - inland waterways) - the means of communication of inland water transport determined by the governments of the State Parties of the CIS;

inland water transport of the State Parties of the CIS (further - inland water transport) - one of modes of transport representing production and technological complex with the organizations entering it performing navigation and other activities connected with navigation on inland waterways of the State Parties of the CIS;

inland water transport public - the inland water transport which is carrying out transportations of passengers, loads and baggage based on the public agreement that is according to the address of any person and on the regulated or declared tariffs;

the freight owner - the consignor and (or) the consignee;

the consignor - legal entity or physical person, including the individual entrepreneur which on its own behalf or based on the transportation agreement inland water transport entrust to carrier load for its delivery in destination and issues to the consignee;

the consignee - legal entity or physical person, including the individual entrepreneur authorized on receipt of load based on the transportation agreement by inland water transport or on other legal causes;

loads - the material values accepted by carrier for transportations by inland water transport in destination;

infrastructure of inland waterways - set of the objects providing navigation on inland waterways and including navigable hydraulic engineering constructions, beacons, raids, Items of sediment of vessels of the technical fleet, the place of shelter, aids to navigation, power generation facilities, technological communication networks and constructions of communication, system of the alarm system, information complexes and traffic control systems of courts, and providing functioning of other inland waterways of objects;

the bill of lading - the tovarorasporyaditelny document (security) certifying the conclusion of the transportation agreement of load or the agreement of towage by inland water transport and serving as the proof of acceptance by carrier of the load specified in this document;

pilot posting - the activities providing safe passing of courts across particularly complex sites of inland waterways;

navigation and hydrographic providing conditions of navigation of vessels - complex of actions for providing the inland waterways with navigation situation including the equipment of inland waterways the equipment of systems of navigation and communication, aids to navigation, light and sound alarm means and also on providing courts with information on navigation and hydroweather conditions of navigation of vessels;

navigation - the period during which inland waterways are open for navigation; the operator of port or mooring - the transport organization performing operation of port or mooring, transaction with loads (including their transfer), servicing of courts, other vehicles and (or) servicing of passengers and their baggage;

the passenger - the physical person which signed the transportation agreement of the passenger, or the physical person for the purpose of whose transportation the agreement of marine chartering is signed;

carrier - the legal entity or the individual entrepreneur who undertook obligation according to the transportation agreement to deliver load, the passenger or his baggage from the point of departure in destination;

floating object - not self-propelled floating construction which is not the vessel, including landing stage, floating (being on water) the house, hotel, restaurant, the pontoon, raft, the floating bridge, the floating mooring, and other technical construction of this sort;

the mooring - the hydraulic engineering construction having devices for safe approach of courts and intended for the safe parking of courts, their loading, unloading and servicing, and also landing of passengers to vessels and their disembarkation from courts;

traveling works - the dredging, trawl, dnoochistitelny, prospecting and other works which are carried out on inland waterways;

sediment Item - the part of superficial water object and (or) complex of constructions equipped and equipped for the purpose of repair parking of courts, technical inspection of courts and floating objects;

river port (further also - port) - complex of the constructions located on the parcel of land and the water area of the inland waterways equipped and equipped for the purpose of servicing of passengers and courts, loading, unloading, acceptance, storage and issue of loads of interaction with other modes of transport. The port (mooring) in which at least one of legal entities or one of individual entrepreneurs performs by law or based on the license the activities connected with transportations by inland water transport for the appeal of any physical person or legal entity is the port or the mooring public;

hand luggage - things and the passenger's objects meeting for the properties, overall dimensions and weight the requirements of the legislation of the State Party of the CIS and transported free of charge under the personal liability of the passenger;

the vessel - self-propelled or not self-propelled floating construction, held for use for the purpose of navigation, including the vessel mixed (the river - the sea) swimmings, the ferry boat, dredging and dnoochistitelny shells, the floating crane and other technical constructions of this sort;

the small size vessel - the vessel which length shall not exceed 20 meters and total quantity of people on which shall not exceed 12;

the pleasure craft - the vessel, the total quantity of people on which shall not exceed 18, including passengers no more than 12, and which is used in non-commercial purposes and intends for rest on water objects;

the vessel mixed (the river - the sea) swimmings - the vessel which on the technical characteristics is suitable and is in accordance with the established procedure allowed to operation for the purpose of navigation on sea and to inland waterways;

the vessel sports sailing - the vessel constructed or re-equiped for sports activities, using wind force as the main driving force and operated in non-commercial purposes;

the shipowner (further also - the owner of the vessel) - the citizen of the State Party of the CIS or the legal entity operating the vessel under national flag of the State Party of the CIS on its own behalf irrespective of whether they are owners of the vessel, trustees or use it on other legal cause;

navigation - the activities connected with control of the vessel;

the ship ticket - the document confirming the property right (economic maintaining, operational management) to the small size vessel and the right of navigation of this vessel under national flag of the State Party of the CIS;

the ship course - the part of inland waterway intended for movement of courts and designated by navigation signs or different way;

navigable hydraulic engineering constructions - the hydraulic engineering constructions representing technical constructions (including the bank protection constructions, breakwaters, dams, piers, dikes, approach channels, underwater constructions created as a result of carrying out dredging works, pumping points, navigable locks, ship elevators, buildings of hydroelectric power stations, water waste, water draw-off and water final constructions, tunnels and other objects) and intended for providing the established dimensions of the ship courses and providing the omission of courts, and also complex of such hydraulic engineering constructions;

navigation - the activities connected with use on inland waterways of courts for transportation of goods, passengers and their baggage (including transactions on loading and unloading of loads and baggage, landing and disembarkation of passengers), mailings, towage of courts and floating objects, carrying out search, exploration and production of minerals, construction, traveling, hydrotechnical, underwater and technical and other similar works, pilot and icebreaking posting, rescue operations, implementation of actions for protection of water objects, protection them from pollution and contamination, raising of the sunk property, holding actions for control, carrying out scientific research, for the educational, sports and cultural purposes, other purposes of inland water transport;

transport emergency case - the emergency case connected with movement of courts (vessel);

authorized body - the central executive body of the State Party of the CIS enabling the realization of state policy in the field of inland water transport, the state supervision and control, coordination and regulation of activities of water transport.

Article 4. State regulation in the field of inland water transport

1. State regulation in the field of inland water transport is performed by the executive body of the State Party of the CIS performing functions on development of state policy and normative legal regulation in the field of transport (executive body in the field of transport), is direct or through the state organizations which are under its authority, and also other executive bodies within the powers conferred to them.

2. The executive body in the field of transport according to international treaties of the State Party of the CIS, this Code, other laws and other regulatory legal acts of the State Party of the CIS approves in accordance with the established procedure within the competence rules and other regulatory legal acts regulating legal relationship which are connected with navigation transportation and cargo handling, content of the ship courses, infrastructures of inland waterways and use of inland waterways and are obligatory for execution by the organizations irrespective of legal forms and patterns of ownership and physical persons.

3. For the purpose of safety of navigation, protection of human life on inland waterways, safety of port and navigable hydraulic engineering constructions and inland waterways, and also for the purpose of providing on inland water transport of proper quality of rendering services and performance of works the state supervision in the field of inland water transport is exercised.

4. The powers of executive bodies in the field of inland water transport provided by this Code can be transferred for implementation to executive bodies according to resolutions of the governments of the State Parties of the CIS.

Article 5. The state supervision in the field of inland water transport

1. The state supervision in the field of inland water transport is exercised by authorized body of the executive authority of the State Party of the CIS (further - state supervision body) when implementing of the state Transport Supervision Service by it according to provisions of this Code.

2. Provisions of the legislation of the State Party of the CIS taking into account features of the organization and conducting the checks established by provisions of this Code are applied to the relations connected with implementation of the state supervision in the field of inland water transport, the organization and conducting checks of legal entities, individual entrepreneurs.

3. Subject of check is observance by the legal entity, individual entrepreneur in the course of implementation of activities in the field of inland water transport of the requirements established according to international treaties of the State Party of the CIS in the field of safety of navigation, this Code, other laws and other regulatory legal acts of the State Party of the CIS in the field of inland water transport (further - mandatory requirements).

4. The basis for conducting planned inspection is:

1) the expiration of three years from the date of the end of conducting the last planned inspection of the legal entity, the individual entrepreneur operating objects of inland water transport, except for port and navigable hydraulic engineering constructions, subjects to safety of navigation;

2) the expiration of one year from the date of the end of conducting the last planned inspection of the legal entity, the individual entrepreneur operating port and navigable hydraulic engineering constructions, subjects to safety of navigation.

5. The basis for carrying out unscheduled inspection is:

1) the expiration of execution by the legal entity, individual entrepreneur of the instruction issued by state supervision body about elimination of the revealed violation of requirements of the legislation of the State Party of the CIS;

2) receipt in state supervision body of addresses and petitions from citizens, including individual entrepreneurs, legal entities, information from public authorities (officials of state supervision bodies), local government bodies, from mass media about the facts of emergence of the accidents and transport incidents connected with violations of requirements of safety of navigation, service regulations of inland water transport, about the facts of death or damage of the vessel, violations of the restrictions by courts on the area and conditions of swimming established in case of classification of courts, about unfitness of the vessel to swimming, about the facts of violations of requirements to loading, supply of the vessel, to completing of crew of the vessel or about the facts of availability of other shortcomings of the vessel creating safety hazard of its swimming, abuses of regulations of transportation and freight handling, transportation of passengers and baggage if such violations create threat of damnification of life and to human health, the environment, safety of the state, property of physical persons and legal entities, state-owned property or entailed causing such harm;

3) availability of the order (order) of the head (deputy manager) of the state supervision body on carrying out unscheduled inspection published according to the order of the head of state or the government of the State Party of the CIS or based on the requirement of the prosecutor about carrying out unscheduled inspection within supervision of execution of the laws on the materials and addresses which arrived in bodies of prosecutor's office.

6. The officials of state supervision body who are the state transport inspectors have the right:

To request 1) from public authorities, legal entities, physical persons, including individual entrepreneurs and to receive from them based on motivated requests in writing information and documents necessary during conducting check;

2) freely upon presentation of the official ID and the copy of the order (order) of the head (deputy manager) of state supervision body on purpose of check to visit and inspect used by legal entities, physical persons, including individual entrepreneurs, when implementing economic and other activity on territory inland water transport, infrastructure facilities of inland water transport, court and floating objects, to conduct necessary researches, testing, measurements, investigations, examinations and other actions for control;

To issue 3) to legal entities, physical persons, including individual entrepreneurs, instructions about elimination of the revealed violations of mandatory requirements, about holding actions for ensuring prevention of harm of life, to human health, the environment, property of physical persons or legal entities, the state-owned or municipal property, prevention of emergency situations of natural and technogenic nature;

4) to constitute protocols on administrative offenses, to consider cases on the specified administrative offenses and to take measures for their prevention;

To send 5) to authorized bodies the materials connected with violations of mandatory requirements for the solution of questions of initiation of legal proceedings when making crimes.

7. The state fire supervision, the state ecological supervision, the state sanitary and epidemiological surveillance, the state supervision in the field of industrial safety, the state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right, the state metrological supervision when implementing activities on inland water transport are performed by authorized bodies of the executive authority according to the legislation of the State Party of the CIS.

8. The state supervision body according to the regulations on investigation of transport incidents on inland water transport approved by executive body in the field of transport performs investigation of transport incidents on inland water transport.

9. The state supervision body provides supervision of activities of captains of pools of inland waterways for implementation of the state port control according to provisions of this Code.

Article 6. Licensing of separate types of activity on inland water transport

Licensing of separate types of activity on inland water transport is performed according to the legislation of the State Party of the CIS.

Article 7. Payments, charges (rates) from courts

1. Transportation of goods, passengers and their baggage, towage of courts and floating objects, loading and unloading of loads, rendering services in river ports, services in use of infrastructure of inland waterways and other services of inland water transport is performed on paid basis according to the legislation of the State Party of the CIS.

2. The size of service fee on use of infrastructure of inland waterways and the services in river ports which are not relating to the sphere of natural monopolies is determined based on agreements.

3. Charges (rates) from courts for the services in river port rendered by subjects of natural monopolies, the list of such charges (rates) and the rule of their application are established according to the legislation of the State Party of the CIS.

Chapter II. Inland waterways

Article 8. Content of inland waterways

1. The content of inland waterways consisting in content of the ship courses (including carrying out traveling works and implementation of navigation and hydrographic providing conditions of navigation of vessels), work on the device and content of raids in ports of general use and approaches to moorings public, content of vessels of the technical fleet (the courts intended for accomplishment of traveling, navigation and hydrographic, auxiliary works and another, connected with content of ship work progresses), content of infrastructure of inland waterways, the organization of technological communication of the organizations of inland water transport are performed by budget funds of the State Party of the CIS, the income from own activities, and also from other sources which are not prohibited by the law.

2. Content of the ship courses on approaches to the ports or moorings which are not ports or moorings public and to sediment Items, and also work on the device and content of raids in these ports are performed at the expense of owners of these ports or moorings and Items of sediment.

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