of June 17, 2019 No. 400
About approval of Rules of provision of the status of seaport
According to subitem 55-41) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" PRIKAZYVAYU:
1. Approve the enclosed Rules of provision of the status of seaport.
2. To provide to committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.
Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 17, 2019 No. 400
1. These rules of provision of the status of seaport (further - Rules) are developed according to subitem 55-41) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and determine procedure for provision of the status of seaport.
2. The status of seaport is provided to objects of transport infrastructure in the field of merchant shipping which activities and assignment are connected with rendering services of seaport (further - object of transport infrastructure).
3. Provision of the status of seaport is performed for the purpose of settlement of activities of the existing and created transport infrastructure in the field of merchant shipping on the Kazakhstan coast of the Caspian Sea, the rendering service in processing of courts, transshipment and landing (disembarkation) of passengers, and also systematization of accounting of seaports for the subsequent increase in level of safety of navigation of vessels in the water area of these sea objects.
4. Seaports are common use facilities and are subdivided to destination on trade and specialized (fish, oil and others).
5. The territory of seaport includes the lands, the parcels of land and the water area of seaport provided according to the Land code of the Republic of Kazakhstan.
6. Set of maritime terminals unites in one seaport by the territorial principle.
7. Functioning of seaport for the purposes of activities of sea transport is performed from the moment of decision making by the central executive body performing management in the field of merchant shipping and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination (further - authorized body) about provision of the status of seaport.
8. The status of seaport is provided by authorized body.
9. For decision making about provision to certain object of transport infrastructure of the status of seaport the authorized body sends inquiry to the owner of this object for need of introduction of information and copies of the following documents:
1) the location, the basic technical characteristics of object of seaport, including its opportunity for loading and unloading of loads, landing and disembarkation of passengers, rendering the services intended for navigation availability of sidings, the navigation period, availability of other infrastructure facilities belonging to other persons;
2) the list of the services provided by objects of seaport;
3) solutions of local actuators on allocation of the parcels of land;
4) the acceptance act of object in operation;
5) legal address of object of seaport.
10. Provision of the status of seaport is performed also in case of introduction by the owner of object of transport infrastructure to authorized body of documents and information according to Item 9 of these rules in initiative procedure.
11. The decision on provision of the status of seaport is made in the form of the order of authorized body within 30 (thirty) calendar days from the date of obtaining from the owner of object of transport infrastructure of documents and information according to Item 9 of these rules.
12. After decision making about provision of the status of seaport the authorized body enters the relevant information in the register of seaports of the Republic of Kazakhstan in form according to appendix to these rules.
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