Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan "About modification of the order of the acting minister..."

I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 5, 2019 No. 618

About modification of the order of the acting minister on investments and development of the Republic of Kazakhstan of February 23, 2015 No. 147 "About approval of Rules of investigation of emergency cases with courts"

I ORDER:

1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of February 23, 2015 No. 147 "About approval of Rules of investigation of emergency cases with courts" (it is registered in the Register of state registration of regulatory legal acts at No. 10709, it is published on April 17, 2015 in information system of law of Ad_let) the following change:

The rules of investigation of emergency cases with courts approved by the specified order to be reworded as follows according to appendix to this order.

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 it 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" the Ministries of Justice 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.

4. This order becomes effective after ten calendar days after day of its first official publication.

Acting minister of the industry and infrastructure development of the Republic of Kazakhstan

B. Kamaliyev

It is approved

Ministry of Defence of the Republic of Kazakhstan

"__" ___________ 2019

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

"__" ___________ 2019

It is approved

Ministry of Foreign Affairs of the Republic of Kazakhstan

"__" ___________ 2019

Appendix

to the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of August 5, 2019 No. 618

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 23, 2015 No. 147

Rules of investigation of emergency cases with courts

Chapter 1. General provisions

1. These rules of investigation of emergency cases with courts (further - Rules) are developed according to subitem 55-12) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and determine procedure for investigation of emergency cases with courts.

2. In these rules the following basic concepts are used:

1) emergency case - the event with the vessel which led to disaster and entailed partial or complete loss (loss) of its seaworthy qualities, to damage by the vessel of other vessel (courts), aids to navigation, inshore facility, loss or damage by the vessel of the towed object, death or harming health of the person, loss of the person from the vessel and also to damnification to the environment;

2) navigation safety - degree of accuracy and sufficiency of loading of navigation charts and benefits for swimming, timeliness of operational navigation information about the shift of aids to navigation from regular places and change of their characteristics, completeness and reliability of hydrographic providing the navigation area, stability of characteristics of radio navigational means, quality of forecasting of weather conditions and recommendations of safe ways of swimming and other factors ensuring safety of navigation;

3) operational restrictions - the certain withdrawals of requirements established by authorized body during operation of the vessel, taking into account decrease in level of technical condition and/or deterioration in seaworthy qualities, emergence of shortcomings of the equipment, the shortage of supply which were caused emergency case;

4) sea port administration (further - MAP) - territorial subdivision of department of authorized body;

5) the surveyor - the expert who is engaged in inspection of courts and loads and drawing the conclusion about their condition, the amount of damages in case of emergency case about seaworthiness of the vessel;

6) seaworthy qualities - set of requirements to durability, stability, buoyancy and insubmersibility of the vessel;

7) the representative for investigation - the official of authorized body, carrying out the organization and coordination of work of the commission on investigation of emergency cases;

8) authorized body - 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;

9) department of authorized body - Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. The purposes of investigation are establishment of the reasons and (or) concurrent factors, development of recommendations about prevention of emergency case in the future and to navigation safety.

4. Emergency cases with the courts floating under National flag of the Republic of Kazakhstan in international waters and also under the flag of foreign state in territorial waters of the Republic of Kazakhstan, are subject to obligatory investigation according to the procedure, determined by these rules.

5. These rules are not applied in case of investigation of the emergency cases which happened to the courts floating under the flag of Naval forces of the Republic of Kazakhstan and sea parts of the border service.

6. Emergency cases are classified on:

1) serious casualty;

2) accident;

3) incident.

7. Treat serious casualty:

1) death of the vessel;

2) the death of two and more people which happened in direct link with operation of the vessel;

3) death of the towed vessel or other floating object towed by the vessel;

4) causing serious damage to the environment, including oil spill or oil products from 250 tons and above, caused by damage of the vessel or courts.

Treat accident:

1) the death of the person which happened in direct link with operation of the vessel;

2) the severe harm done to health of the person in direct link with operation of the vessel;

3) loss of the person from the vessel;

4) damage of the vessel (loss of seaworthy qualities and/or creation of obstacles of productive activity in connection with emergence of operational restrictions);

5) the shift of the load transported by the vessel and/or the change of physical and chemical properties of the load transported by the vessel which led to loss of seaworthy qualities of the vessel;

6) landing of the vessel to bank and its stay aground more than 24 hours;

7) deprivation of possibility of movement of the vessel more than 24 hours, except for case of winding of networks (tackles, trawls) on the rowing screw (screws) or wheel;

8) damage by the vessel of objects of sea infrastructure which can seriously threaten safety of the vessel, other vessel or the individual, or safety of navigation;

9) causing serious damage to the environment or possible serious damage to the environment, including oil spill or oil products from 10 tons to 250 tons of oil.

Treat incident:

1) damage of the vessel without loss of seaworthy qualities;

2) landing of the vessel to bank and its stay aground 24 hours and less;

3) the shift of the load transported by the vessel which did not lead to loss of seaworthy qualities of the vessel;

4) deprivation of possibility of movement of the vessel 24 hours and less;

5) the environmental pollution caused by damage of the vessel, including oil spill or oil products is lower than the level, carried to emergency situation.

8. Investigation of emergency cases includes collection and the analysis of proofs, establishment of the reasons, preparation of the corresponding recommendations about the prevention of such emergency cases in the future and to increase in level of safety of navigation, including increase in level of training of personnel.

9. The commission on investigation of emergency cases makes investigation of emergency cases separately and irrespective of other types of the investigations made by other state bodies.

10. Investigation of emergency case does not include investigation of the actions or failure to act made with intention to do harm to safety of the vessel, any person or the environment.

11. Body of investigation of accident and serious casualty is the authorized body.

Investigation of accident and serious casualty is performed by the commission created by authorized body.

The representative for investigation, shipowners and interested persons enter into structure of the commission on investigation of accident and serious casualty (further - the Commission on investigation).

Incidents are investigated by shipowners within 20 working days. On completion of investigation by the shipowner materials are represented to authorized body and MAP within 5 working days.

12. Work of the Commission on investigation is carried out under the chairmanship of the representative for investigation.

13. The representative for investigation has the certificate of the Representative for investigation of emergency cases in form according to appendix 1 to these rules conferring powers to organize and carry out works on investigation of emergency case.

Chapter 2. Message on emergency case

14. The ship master without delay reports about the occurred emergency case:

1) to the shipowner;

2) to the captain of the nearest seaport;

3) MAP.

If the emergency case occurred in internal waters, territorial waters, the fishing zone of foreign state or in general water space the ship master, floating under National flag of the Republic of Kazakhstan, also reports about the event in the nearest sea port administration or seaport.

15. MAP, the shipowner, the captain of seaport after receipt of the message without delay send the available information (message) on each emergency case to authorized body, territorial subdivision of law-enforcement bodies and transport prosecutor's office.

16. The message on emergency case contains the following information:

1) the name of the vessel, identification number of International Maritime Organization (further - IMO), type (series), seaport (place) of registration of the vessel. In case of ice emergency case to specify the actual category of ice strengthenings of the case;

2) surname, name, middle name (in the presence) ship master;

3) the shipowner and his number IMO (in case of its availability), the address, phone;

4) date and time of emergency case; place of emergency case (port, mooring, passage, gulf, raid, internal waters, territorial waters, fishing zone, general water space);

5) short description of emergency case;

6) number of the people who received heavy bodily harms and/or died;

7) damages of the vessel and caused environmental damage;

8) identification data of the courts involved in emergency case.

17. Registration of emergency case is made by the official of MAP in case of receipt of the statement for emergency case and the technical act.

Chapter 3. Procedure for investigation of emergency cases with courts

18. After receipt of the message on the emergency case having the signs of accident and serious casualty established by parts one and the second Item 7 of these rules, the Commission on investigation without delay comes out to the scene for the purpose of inspection of the scene, poll of involved persons and holding primary actions necessary for classification of emergency case.

The scene remains without changes before survey by its Commission on investigation. If it is impossible because of need of carrying out important and urgent repair work after serious damage of design, the scene is documented by the employee of MAP by means of photos, audio-and videos for the purpose of preserving proofs and possible recovery of circumstances further, and also the location of individuals on site incidents, condition and arrangement of the equipment, the instruction of chiefs, permissions to performance of works is recorded. The damaged or failed components are stored in the reliable place before arrival of the Commission on investigation which has the right to appoint conducting detailed scientific examination of some key objects. Such objects are marked.

The companies, involved in incident, appoint the coordinator for communication with the Commission on investigation and rendering the help in collection of the information required to it.

19. During the investigation of emergency case survey of involved persons to emergency case of persons and witnesses is on site conducted.

In case of poll of persons and witnesses, involved in emergency case, the protocol of poll according to appendix 2 to these rules is taken.

In case of need amendments of additional circumstances the shipowner or the ship master are notified on holding poll of persons and witnesses, involved in emergency case. If person which is subject to poll is not in the location of body of investigation, poll is performed in similar body of investigation in the location of this person or witness on personal errand of body of investigation. If interviewed does not know language in which poll is conducted, the translator whose participation is reflected in the protocol is invited.

20. By results of holding primary actions by the Commission on investigation the statement with classification of emergency case in which are specified is drawn up:

1) surnames, names, middle names (in the presence) and positions of members of the commission on investigation;

2) date, time and place of emergency case (port, mooring, passage, gulf, raid, internal waters, territorial waters, fishing zone, general water space);

3) information on the vessel to which there was emergency case (the name, flag, number IMO of the vessel, port (place) of registration and number of registration), the place and year of construction;

4) description of damages of the vessel (in the presence);

5) information on injured people (surname, name, middle name (in the presence), birth date, nationality) with indication of the number of children aged up to 16 years (in the presence);

6) type of emergency case.

21. Investigation of serious casualty and accident is conducted by the Commission on investigation within 15 working days from the moment of the publication of the order on conducting the investigation approved by the head of authorized body.

22. The ship master within three days after arrival of the vessel or its crew in the first Kazakhstan port submits the Commissions on investigation the following documents:

1) the detailed report on emergency case which is constituted in any form with indication of circumstances, the reasons, effects of emergency case and persons, involved in it;

2) statements from ship's papers;

3) explanations of persons and witnesses, involved in emergency case;

4) if necessary - tapes of recorders, their disaggregation, the traveling map with laying;

5) scheme of maneuvering;

6) schemes and drawings of damages;

7) the technical inspection report employees of classification society or the Republican state state company "Shipping Register of Kazakhstan" of Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the Shipping register);

8) act of diving survey and/or dock survey;

9) photos of damages;

10) preliminary calculation of repair;

11) accounts of the specialized organizations making elimination of emergency damages;

12) acts in any form of extraordinary survey of the vessel in connection with emergency case;

13) the certificate of the size of losses in case of emergency case signed by the shipowner which contains the following data:

name of the vessel, name of the shipowner;

date and place of emergency case;

loss sum in emergency case (in tenge with an accuracy of the one tenth thousand);

the cost of elimination of emergency damages for recovery of seaworthy qualities of the vessel;

cost of rescue operations and/or towages of the vessel in distress and/or its maintenance;

the cost of the lost load and/or losses from its damage, restacking, overload as a result of emergency case;

the act of extraordinary survey by the organization authorized on classification and survey of courts, and acts of other types of survey issued by the organization authorized on classification and survey of courts (in case of impossibility of representation of the Commission on investigation of the documents specified in this subitem of these rules the ship master independently or by means of the independent surveyor, constitutes and represents approximate calculation of losses for emergency case);

14) copies of navigation charts with navigation laying of flight in which there was emergency case;

15) data of the ship device of data recording on flight (PRD) or the ship simplified data recording device about flight (U-PRD) (in the presence);

16) the copies of acts of the organization authorized on classification and survey of courts which performed classification and survey of the vessel to which there was emergency case certified by ship seal (in the presence);

17) the copies of ship's papers certified by ship seal (in the presence), except for the magazines which are kept on the vessel;

18) the copy of the table of maneuverable elements certified by ship seal (in the presence);

19) schemes of zavodka of towing cables;

20) inspection reports of the vessel employees of classification society or Shipping register;

21) results of laboratory analyses and technical expertizes;

22) the photos on the paper or electronic medium (files in the jpg or PDF format) relating to emergency case, including the photo from screens of navigation devices with data at the time of emergency case (or information removed from screens of carriers the sonic depth finder, GPS, the radar).

23) statements on weather conditions at the time of incident actual and the forecast.

23. As a result of investigation of emergency case by the Commission on investigation the following is established:

1) compliance of the vessel, crew, supply, the equipment to the requirements established by the legislation of the Republic of Kazakhstan in the field of merchant shipping;

2) analysis of navigation situation;

3) conditions and circumstances under which there was emergency case;

4) the reasons which led to emergency case, its effects and classification;

5) assessment of actions of persons, involved in emergency case, taking into account impact on them external factors, their psychological state, fatigue degree;

6) the list of officials whose actions brought and/or promoted emergence of emergency case with indication of whom and what normative requirements are violated, are not executed, and what normative requirements are violated are not observed;

7) compliance of committed actions to the established requirements for safety of navigation taking into account justified risk.

The risk is recognized justified in case of simultaneous availability of the following conditions:

1) the risk answers the purpose for the sake of which it is undertaken;

2) the goal is not achieved by the regular, not connected with risk actions;

The risk does not turn 3) into notorious damnification;

4) subject of risk are material objects.

24. Upon termination of investigation of accident or serious casualty the Commission on investigation constitutes the conclusion according to appendix 3 to these rules.

25. The conclusion is approved by the head of authorized body.

26. If the foreign vessel was involved in emergency case, and also in case of investigation of serious casualty, the conclusion is translated into English.

27. The conclusion on each investigation of serious casualty goes to IMO.

28. If the member of the commission on investigation does not agree with the conclusion, he in writing states the special opinion which joins the conclusion in the form of appendix.

29. The copy of the conclusion with recommendations about the prevention of emergency cases within 10 working days after the end of investigation goes to all members of the commission on investigation and bodies of transport prosecutor's office.

30. In case of disagreement of the shipowner with the conclusion of authorized body, the shipowner within 10 working days after receipt of materials of investigation sends the objections to authorized body.

In case of receipt of objections from the shipowner authorized body repeatedly considers materials in emergency case taking into account objections of the shipowner within 5 working days from the date of receipt of objections then takes out on it one of the following decisions:

1) is performed by additional investigation within 30 calendar days taking into account objections of the shipowner;

2) does not accept objection of the shipowner and upholds the existing conclusion.

The authorized body reports about the made decision to the shipowner.

31. After receipt of the conclusion the shipowner holds the preventive events preventing repeating of similar cases in the future. At the same time, the shipowner shows the vessel to survey to foreign classification society or the Shipping register, for the purpose of determination of technical condition, conditions of further operation and/or repair.

32. Control of execution of recommendations about the prevention of emergency cases is exercised by MAP with the subsequent notification of authorized body.

33. At the request of the commission chairman the term of investigation of serious casualty and accident is prolonged with the permission of the head of authorized body.

Prolongation of term of investigation of incident by the shipowner it is performed independently on condition of reasonable circumstances with the notification of authorized body.

Investigation of emergency case is prolonged in the following cases:

1) temporarily mental disturbance or other serious illness of the person involved in emergency case certified in the procedure provided by the law;

2) findings of person involved in emergency case outside the Republic of Kazakhstan;

3) force majeure, temporarily interfering further production of emergency investigation;

4) conducting the corresponding examination.

34. The emergency case which happened because of shortcomings of navigation and hydrographic providing is investigated by authorized body with participation of representatives of Naval forces of the Republic of Kazakhstan.

35. The authorized body without delay reports about the emergency case with the foreign vessel which occurred within territorial waters of the Republic of Kazakhstan, sea administration of the flag State of the foreign vessel.

36. About all cases of damage of aids to navigation is subject to the shipowner immediately to report MAP, to the relevant service of Naval forces of the Republic of Kazakhstan or the state company of waterways depending on in what maintaining there was the damaged equipment.

37. The representative of the foreign vessel (sea administration of the flag State) to whom there was emergency case is involved in investigation.

38. Detention of the foreign vessel, involved in emergency case, is made according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

39. The shipowner of the foreign vessel or sea administration of the flag State of the foreign vessel to which there was emergency case in two-month time from the date of receipt of the conclusion appeals it in authorized body.

40. The statistical recording of serious casualties and accidents conducts authorized body, incidents - MAP.

41. The statistical recording is kept electronically in register of emergency cases at the sea with courts and contains the following data:

1) number of emergency case;

2) information on reference of emergency case to incident, accident or serious casualty according to Item 6 of these rules;

3) type and the name of the vessel to which there was emergency case;

4) number IMO of the vessel to which there was emergency case;

5) information on the shipowner of the vessel to whom there was emergency case, number IMO (in the presence), the address, phone, the fax;

6) surname, name, middle name (in the presence) the ship master to whom there was emergency case;

7) type and the name of other vessel (other courts) involved in emergency case;

8) number IMO of other vessel (other courts) involved in emergency case;

9) information on the shipowner (shipowners) of other vessel (other courts) involved in emergency case - number IMO (in the presence), the address, phone, the fax;

10) surname, name, middle name (in the presence) the captain(s) of other vessel (other courts) involved in emergency case;

11) date and time of emergency case;

12) place of emergency case (port, mooring, passage, gulf, raid, internal waters, territorial waters, fishing zone, general water space);

13) geographical coordinates of the place of emergency case;

14) type of emergency case (grounding, collision, capsizing of the vessel, flooding of the vessel, destruction/damage of designs and/or mechanisms of the vessel, environmental pollution, death of the person, the severe harm done to health of the person);

15) reason of emergency case;

16) effects of emergency case;

17) information on person making investigation of emergency case;

18) start and end dates of investigation;

19) data on prolongation of term of investigation;

20) information on actions for the prevention of similar emergency cases in the future;

21) other data relating to emergency case.

42. Upon termination of investigation of emergency case all materials of investigation are filed in the separate folder, sheets are numbered, the list of documents is constituted. The folder hereinafter is referred to as "Emergency case".

Appendix 1

to Rules of investigation of emergency cases with courts

Form

Certificate

Representative for investigation of emergency cases

Face

Back

Ministry of the industry and infrastructure development of the Republic of Kazakhstan
Committee of transport

Coat of arms

Ministry of industry and infrastructural development of the Republic of Kazakhstan
Transport committee

Rights of the Representative for investigation:
- be on the vessel along the line to the scene of emergency case;
- survey of the place of emergency case;
- access to all documentation;
- poll involved and eyewitnesses;
- also it is right regulated by the national legal system and the international acts.

Іnvestigator "s rights:
- to be in a vessel during the way to the accident place;
- inspection the accident place;
- access to all documents;
- questioning of witnesses and involved persons;
- and rights were established by national legislation and international acts.

No. 0000001

Appendix 2

to Rules of investigation of emergency cases with courts

Protocol of poll

"___" ________ 2019 __: __ hours

1.	surname, name and middle name (in the presence) interviewed
2.	number, month and year of birth of interviewed
3.	the position held on the vessel (for the crew member of the vessel involved in emergency case)
4.	length of service interviewed, including all on sea transport and in the last position on the vessel to which there was emergency case
5.	vocational education interviewed (what educational institution and when ended)
6.	qualification according to the diploma interviewed (the name and number of the diploma when also by whom it is issued)
7.	registration address and the address of the place of the actual accommodation interviewed
8.	the questions and the received answers asked during the poll: 1)_____________________; 2) _____________________; 3) _____________________; 4) _____________________; 5) _____________________; 6) _____________________; 7) _____________________.
9.	surname, name, middle name (in the presence) and position of person conducting survey

_________________________________________________ ____________

(Surname, name and middle name (in the presence) member of the commission signature

on investigation, conducting survey)

_________________________________________________ ____________

(Surname, name and middle name (in the presence) interviewed) signature

Appendix 3

to Rules of investigation of emergency cases with courts

"I claim"

Minister of the industry

and infrastructure development

Republic of Kazakhstan

_____________________

______________________

(signature)

surname, name and middle name

(in the presence)

Conclusion information on the vessel and on accident / serious casualty

1. CLASSIFICATION EXPERT:

________________________________________________________

(serious casualty, accident, incident)

2. TYPE EXPERT:

________________________________________________________

(collision, grounding, damage of designs,

pollution, death of the vessel, human victims)

3. DATE AND TIME EXPERT:

________________________________________________________

4. PLACE EXPERT:

________________________________________________________

(port, internal waters, territorial waters, fishing zone,

general water space, ocean, coordinates)

5. DATA ON THE VESSEL:

Name:

________________________________________________________

Flag:

________________________________________________________

Number of International Maritime Organization:

________________________________________________________

Flight (from where and where):

________________________________________________________

Surname, name and middle name

(in the presence) captain:

________________________________________________________

Port (place) of registration and number of registration:

________________________________________________________

Shipowner, number of International Maritime Organization, address:

________________________________________________________

Place and year of construction:

________________________________________________________

The largest sizes of the vessel:

________________________________________________________

Capacity (gross/net):

________________________________________________________

Type and capacity of the ship power station:

________________________________________________________

Number and design of rowing screws:

________________________________________________________

Design of wheel, PU:

________________________________________________________

Speed of full speed (maneuverable/sea in nodes):

________________________________________________________

Draft at the time of accident (nose):

________________________________________________________

Draft at the time of accident (forage):

________________________________________________________

Number of passengers:

________________________________________________________

Quantity and sort of load, its placement on holds:

________________________________________________________

Crew number:

________________________________________________________

Regular set of rescue means:

________________________________________________________

Capacity of radio station and radius of its action:

________________________________________________________

Electroradio navigational devices:

________________________________________________________

Number and capacity of water-removing means:

________________________________________________________

Fire-proof means:

________________________________________________________

Category of ice strengthenings of the vessel:

________________________________________________________

The fuels this about quantity and lubricants:

________________________________________________________

6. INFORMATION ON SURVEY OF THE VESSEL BY THE ORGANIZATION AUTHORIZED ON CLASSIFICATION AND SURVEY OF COURTS:

_____________________________________________________________________________

(the body (bodies) which issued classification and conventional documents

and carrying out the last surveys of the vessel and shipping company)

6.1 Effective period of the classification certificate

_____________________________________________________________________________

7. EFFECTS OF THE EMERGENCY CASE

______________________________________________________________________________

(death of the person; the severe harm done to health of the person; loss of the person from the vessel;

loss of load; death of the vessel; damages of the case, mechanisms, systems, devices,

equipment, load and other material values; environmental pollution;

damage of objects of sea infrastructure; vessel idleness (hours, days), including

the vessel idleness connected with production of emergency repair)

8. THE SHORT DESCRIPTION OF THE EMERGENCY CASE AT THE SEA

9. RESULTS OF INVESTIGATION OF THE EMERGENCY CASE

9.1. Conditions and circumstances under which there was emergency case

9.2. Established facts

9.3. Circumstances

10. Reasons of emergency case

11. Recommendations about the prevention of similar emergency cases in the future

Representative for investigation _________________________________