LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 17, 2002 No. 284-II

About merchant shipping

This Law determines legal, organizational, economic and international basis of public administration in the field of merchant shipping and governs the relations connected with transportation of passengers, baggage and loads, safety on sea transport and environmental protection.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law 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, led 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;

1-1) average payments - sum of money which the receiver shall bring to carrier in case of issue of load to it for expense recovery in case of general average as ensuring payment of its share in all-emergency expenses;

2) the receiver - person authorized on receipt of load according to the sea transportation agreement of load;

3) special personnel - the persons who are not crew members, residing onboard in connection with purpose of the vessel (occupied with production and processing of live resources of the sea, scientific, engineering employees, employees of laboratories, working and others);

4) bare-boat charter - agreement type of chartering on which the freighter shall for the caused payment (freight) to provide to the freighter in ownership and use for certain term the vessels or several vessels which are not equipped and not staffed by crew for transportation of passengers, baggage and loads and other purposes of merchant shipping;

5) regular route - the commonly accepted vessel route in sea practice;

6) demurrage - payment for kontrstaliyny time;

7) the dispatch - remuneration to the freighter for the end of loading of the vessel before the expiration of lay days;

8) the dispache - the document constituted by the dispacheur, containing calculation of losses and expenses for general average and their distribution between the parties participating in the general sea company;

9) dispacheurs - the persons having knowledge and experience in the field of maritime law, constituting calculation for determination of the dispache;

10) unit of account - unit of special drawing right determined by the International Monetary Fund;

11) the freight - the load carriage charge, and also remuneration under agreements of berboutcharter and the time-charter;

12) the general sea company - property (the vessel, the freight and load) at the expense of which expenses on general average are subject to compensation;

13) the passenger - the person consisting in contractual relations with carrier and specified in the ticket or other document confirming its right to journey, or the maintenance of the vehicle, animals and other load performing according to the sea transportation agreement of load with the consent of carrier;

14) the passenger ship - the vessel intended for transportation and transporting more than twelve passengers;

15) the passenger certificate - the ship's papers containing the information about the most admissible number of passengers on the vessel;

16) the sender - the person dispatching cargo according to the sea transportation agreement and specified in carriage documents;

17) the floating drilling rig - the vessel (floating construction) intended for accomplishment of drilling operations on investigation and (or) production of underground resources of seabed;

18) the cargo ship - the vessel which is not passenger, intended for transportation of goods;

19) incident - incident or number of incidents of the same origin as a result of which the damage is caused or there was serious and direct threat of causing such damage;

20) cabotage - transportation and towage in the message between seaports of the Republic of Kazakhstan, and also from port (Item) of loading to port (Item) of unloading, being in jurisdiction of the Republic of Kazakhstan;

21) cabin baggage - compactly packed and freely placed in cabin or on shelves in platitudes of thing of the passenger, transported by it in case of themselves, within assigned amount and dimensions;

21-1) professional diplomas - the diploma issued to the crew member of the vessel and confirming its qualification;

22) the vessel - self-propelled or not self-propelled floating construction, including not displacement ship and seaplane used for the purpose of merchant shipping;

23) it is excluded

24) the shipowner - person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause;

25) vessel mortgage - mortgage the "river sea", and also the vessel under construction arising based on the agreement registered in the corresponding register which is subject to state registration of the ocean ship, the vessel of internal water swimming, the swimming vessel;

25-1) The shipping register - the republican state state company of classification and ensuring technical safety of courts created according to the decision of the Government of the Republic of Kazakhstan;

26) pilot pilotage - the carrying out courts performed by the pilot;

27) the freighter - the chartering agreement party to which the vessel or several vessels for certain term for transportation of passengers, baggage and loads or other purposes of merchant shipping is provided;

28) the freighter - the chartering agreement party providing the vessel or several vessels for certain term for transportation of passengers, baggage and loads or other purposes of merchant shipping;

29) the owner of the vessel - person registered as the owner of the vessel according to Rules of state registration of courts and the rights to them;

30) vessel capacity - capability of the vessel to accept for shipment quantity of loads depending on the amount of its stowage spaces estimated in cubic meters or cubic feet;

31) the bill of lading - the document issued by carrier to the sender and certifying cargo reception to transportation;

32) kontrstaliyny time - period of time during which the vessel is under loading over lay days;

33) dangerous goods - load which owing to properties inherent in it in transit, production of handling works and storage can serve as cause of explosion, the fire or damage of technical means, devices, buildings and constructions, and also death, injuring or disease of people, animal, to do harm to the environment;

34) the pilot - the specialist having certain knowledge and skills in the field of safe carrying out courts to the place of mooring, statement on anchor and shifts of courts in port;

35) pilot service - activities of the pilot (pilots);

36) oiler - the cargo ship constructed or adapted for transportation and oil storage and oil products;

37) the actual carrier - the carrier which is actually transporting the passenger, baggage and load or their part;

38) the transshipment bill of lading - the document issued by carrier to the sender and certifying cargo reception to transportation, it is provided by which that part shall be transported by other carrier;

39) the port water area - the internal waters of the Republic of Kazakhstan limited to the line passing through the points of hydraulic engineering and other constructions of ports which are most removed towards the sea or determined according to the international treaties ratified by the Republic of Kazakhstan;

39-1) port means - maritime terminals, the servicing vessels making the international flights and also the seaport water area, including areas of parking, places of expectation, approaches to seaport;

40) port towage - towage and accomplishment of maneuvers in the port water area, including for input of the vessel or other floating object to the port or its withdrawal from the port;

41) merchant shipping - activities for transportation by vessels of passengers, baggage and loads, and also the activities connected with use of courts in other commercial and non-commercial purposes (hydrographic, scientific, hydrotechnical, rescue and others), except for public vessels and the boundary ships, motor boats used for accomplishment of the functions assigned to them;

42) lay days - period of time during which the vessel is under loading without payment, additional to the freight;

43) subbare-boat charter - the agreement of chartering under which the freighter shall for the caused payment (freight) to provide to the third parties in ownership and use for certain term the vessels or several vessels which are not equipped and not staffed by crew for transportation of passengers, baggage and loads and other purposes of merchant shipping;

44) the subtime-charter - the agreement of chartering under which the freighter shall provide to the third parties for remuneration for certain term the vessels or several vessels equipped and staffed by crew for transportation of passengers, baggage and loads and other purposes of merchant shipping;

44-1) removal of the sunk property - the actions directed to prevention, reduction or elimination of the danger created by the sunk property including raising of the sunk property from water or removal it about banks or shift out of limits of the established sea corridors, or its destruction, and also, if necessary, set of the specified actions. Removal of the sunk property also includes the accompanying works on transportation and storage of the sunk property;

45) tug boat - the vessel intended for towage and kantovka of other courts and floating constructions;

46) it is excluded

47) the time-charter - the agreement of marine chartering for a while under which the freighter shall for the caused payment (freight) to provide to the freighter the vessel and services of crew members of the vessel in use for certain term for transportation of passengers, baggage and loads and other purposes of merchant shipping;

48) rules of transportations - the regulatory legal acts regulating activities of sea transport when implementing transportation of passengers, baggage, loads, approved by authorized body;

49) carrier - the shipowner providing services in transportation of passengers, baggage, mailings and loads and specified in carriage documents;

50) it is excluded

51) it is excluded

52) means of navigation situation of maritime routes - beacons, buoys and other navigation equipment ensuring safety of swimming;

53) the sea waybill - the carriage document processed in transit loads by sea transport;

53-1) sea educational and training center - the legal entity performing preparation (retraining) and advanced training of specialists of sea transport according to the international requirements;

54) seaport - complex of the constructions located on the parcels of land intended for servicing of courts, passengers, baggage and implementation of transactions with loads provided in the procedure established by the legislation of the Republic of Kazakhstan and also for other purposes of activities of sea transport;

55) the sea requirement - the requirement declared in connection with use of courts for the purpose of merchant shipping (indemnification, payment of charges and other);

56) maritime terminal - the specialized site in seaport including set of the technical means, engineering constructions, hoisting-and-transport and other equipment providing conditions for loading (unloading) of loads, their storages, processing of the vehicles adjacent with by sea and also landings, disembarkation and other servicing of passengers;

57) the operator of maritime terminal - person owning on the property right or other legal causes the terminal in seaport;

57-1) sea towage - towage of the vessel or other floating object on certain distance;

57-2) ship's protest - the statement of the ship master for the incident taking place during swimming or the parking of the vessel which can be the basis for presentation to the shipowner of property requirements for the purpose of providing proofs;

58) 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;

58-1) National maritime carrier - the legal entity rendering services in maritime transport of passengers, baggage, mailings, loads in the international message and determined by authorized body;

59) charter - agreement type of maritime transport of passengers, baggage, loads in case of which all vessel, its part or certain ship rooms are provided to the sender;

59-1) small size vessel - the vessel no more than twenty meters long with the admissible number of people onboard no more than twelve people, except the vessels constructed or equipped for fishery, transportation of goods, towage carrying out search, exploration and production of minerals, construction, traveling, hydrotechnical and other similar works, pilot and icebreaking posting, and also implementation of actions for protection of water objects against pollution and contamination;

60) foreign classification society - the foreign organization performing technical observation, survey and classification of courts, and also survey of the organizations of education performing preparation (retraining) and advanced training of specialists of sea transport, the sea educational and training centers and recognized by authorized body according to the procedure, defined by international treaties of the Republic of Kazakhstan.

Article 2. Legislation on merchant shipping

1. The legislation of the Republic of Kazakhstan on merchant shipping is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law are applied regulations of the international treaty.

Article 2-1. Application of resolutions and recommendations of International Maritime Organization (IMO)

Application of resolutions and recommendations of International Maritime Organization (IMO) in the territory of the Republic of Kazakhstan is performed by acceptance of the corresponding regulatory legal acts, stipulated by the legislation the Republic of Kazakhstan about merchant shipping, entering of necessary changes and amendments into them or with indication of in them references on application of specific resolutions and recommendations of International Maritime Organization (IMO).

Article 3. Coverage of this Law

1. This Law extends:

1) on ocean ships during their swimming on maritime routes, the rivers, lakes, water storage basins and other waterways of the Republic of Kazakhstan;

2) on vessels of internal water swimming, court of swimming "river sea" during their following on maritime routes, the rivers, lakes, water storage basins and other waterways of the Republic of Kazakhstan when implementing transportation of passengers, baggage and loads with calling seaport, during the rescue operation and in case of collision with the ocean ship;

3) on the small size vessels performing swimming in the Caspian Sea.

2. This Law does not extend to the ships, motor boats and other vessels floating under the flag of Naval forces of the Republic of Kazakhstan and the Border service of Committee of homeland security of the Republic of Kazakhstan.

Article 4. Public administration in the field of merchant shipping

1. It is excluded

2. In the field of merchant shipping are within the competence of the Government of the Republic of Kazakhstan:

1) development of the main directions of state policy in the field of merchant shipping, strategic and tactical measures for its implementation;

2) it is excluded

2-1) approval of Rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company;

3) implementation of interstate and international cooperation in the field of merchant shipping;

4) decision making about prohibition of transit passenger traffic on the territory of the Republic of Kazakhstan;

5) decision making about import bans, export, transit of baggage and load on (c) the territories of the Republic of Kazakhstan;

6) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

7) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

8) it is excluded according to the Law of the Republic of Kazakhstan ot10.07.2012 No. 36-V ZRK

9) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

10) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

10-1) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

11) it is excluded

12) it is excluded

13) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

14) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

15) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

15-1) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

16) it is excluded

17) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

18) it is excluded

19) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

20) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

21) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

22) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

23) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

24) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

25) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

26) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

27) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

28) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

29) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

30) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

31) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

31-1) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

31-2) approvals of sample of the identity certificate of the seaman of the Republic of Kazakhstan and requirements to its protection, and also procedure for its registration, issue, replacement, delivery, withdrawal and destruction;

31-3) approvals of rules of navigation and hydrographic ensuring sea activities in the Kazakhstan sector of the Caspian Sea;

32) implementation of other powers provided by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

2-1. The authorized body acts as Sea administration of the Republic of Kazakhstan within the powers determined by the Government of the Republic of Kazakhstan.

3. Are within the competence of authorized body:

1) participation in limits of the competence of implementation of interstate and international cooperation in the field of merchant shipping and representation of interests of the Republic of Kazakhstan in the international organizations, including ensuring accomplishment of international treaties;

2)  No. 159-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2014

2-1) development of Rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company;

2-2)  No. 249-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2019;

3) it is excluded

4) it is excluded according to the Law of the Republic of Kazakhstan ot10.07.2012 No. 36-V ZRK

5) approval of regulations on the captain of seaport;

5-1) it is excluded

6) decision making about provision of the right of swimming under National flag of the Republic of Kazakhstan and temporary transfer of the vessel under flag of foreign state;

6-1) it is excluded

7) it is excluded

8)  No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

9) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

9-1) investigation of transport incidents with the courts which are subject to state registration in the ship book;

10)  No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

11)  No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

12) approval of the list of positions (professions) of workers of the state control on sea transport which issues uniform (without shoulder strap), samples of form and signs of distinction, procedure for wearing uniform (without shoulder strap);

13)  No. 461-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.07.2011

13-1)  No. 461-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.07.2011

14) it is excluded

15) implementation of state registration of courts and the rights to them in the ship book;

16) the control of navigation safety exercised through sea port administration;

17) issue of the permission to operate of the vessel floating under the flag of foreign state in the Kazakhstan sector of the Caspian Sea;

18) No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

19) investigation and classification of emergency cases with courts according to the Rules approved by authorized body;

20) control and supervision of observance of requirements imposed to completing of crew of the vessel;

21)  No. 461-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.07.2011

22) it is excluded

23) control and supervision of safe operation of port installations;

23-1) determination of the list of requirements which violation attracts application of measures of rapid response, and also determination concerning specific violations of requirements of specific type of measure of rapid response with indication of effective period of this measure (if necessary).

The list of requirements which violation attracts application of measures of rapid response join the requirements which are subject of the state control according to article 143 of the Entrepreneurial code of the Republic of Kazakhstan;

23-2) approval of forms of acts of supervision in the field of merchant shipping;

24) it is excluded

25)  No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

26) interaction with state bodies of the Republic of Kazakhstan concerning safety on water transport;

27) it is excluded

28) verification of presence of ship's papers on the vessel;

29) it is excluded

30) it is excluded

31) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

32) the state control and supervision of observance by physical persons and legal entities of requirements of the regulatory legal acts of the Republic of Kazakhstan determining procedure for functioning of water transport, identification and taking measures to suppression of their violations;

33) it is excluded

34) No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

35)  No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

36) it is excluded

37) request at physical persons and legal entities of necessary information, materials, help data on all questions entering competence of authorized body;

38) No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

39) it is excluded according to the Law of the Republic of Kazakhstan ot10.07.2012 No. 36-V ZRK

40) creation within the competence of acts by results of checks and introduction of instructions about elimination of the revealed violations of the law of the Republic of Kazakhstan about merchant shipping, documents on standardization and the regulations determining procedure for functioning of water transport;

40-1) consideration of draft documents on standardization within competence, and also preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the field of standardization;

41) creation of protocols, implementation of production on cases on administrative offenses according to the legislation of the Republic of Kazakhstan on administrative offenses;

42) implementation according to the procedure and cases, stipulated by the legislation Republic of Kazakhstan, administrative detention of ocean and small size vessels, performing examination of ocean and small size vessels;

42-1) suspension and prohibition of movement (operation) of small size vessels in the presence of safety hazard of swimming, life and to human health, the environment, safety of loads;

43) withdrawal of the documents, goods, other property and objects belonging to the legal entity, which were the tool of making or direct object of administrative offense, found on site making of administrative offense or when carrying out survey of the territories, rooms, vehicles, goods, other property and objects belonging to the legal entity;

44) No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

45) involvement of the corresponding specialists for participation in examinations in the questions carried to competence of authorized body;

46) entering into state bodies of offers on measures for the prevention of emergency cases and transport incidents, abuses of regulations of operation of water transport;

47) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

48) approval of Rules of classification and construction of ocean ships;

49) approval of Rules about plimsoll mark of ocean ships;

49-1) approval of rules on measurement of courts;

50) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

51) approval of Rules of survey of load-lifting devices of ocean ships;

52) approval of Rules of providing ocean ships with food of crews;

53) establishment of features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan in coordination with authorized state body on work;

54) establishment of features of regulation of work of seamen and payment of their work in coordination with authorized state body on work;

55) it is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

55-1) determination of authorized organization for provision of services in the navigation area and communication in the field of sea navigation;

55-2) approval of procedure for issue of the certificate on the minimum structure of crew of the vessel;

55-3) approval of samples of the professional diploma, confirmations of the professional diploma, rules of certification of seamen;

55-4) approval of the list of the dangerous goods intended for transportation by courts;

55-5) approval of sample of the seaworthy book, procedure for its registration and issue;

55-6) approval of rules of issue of the permission to operate of the vessel floating under the flag of foreign state in the Kazakhstan sector of the Caspian Sea;

55-7) acceptance based on international treaties of the Republic of Kazakhstan decisions on recognition of foreign classification society;

55-8) determination of authorized organization for survey of the organizations of education performing preparation (retraining) and advanced training of specialists of sea transport, the sea educational and training centers;

55-9) approval of rules on the equipment of ocean ships;

55-10) approval of technical regulations in the field of merchant shipping;

55-11) approval of rules of swimming and the parking of courts in seaports of the Republic of Kazakhstan and on approaches to them;

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