CODE OF THE INLAND WATER TRANSPORT OF THE RUSSIAN FEDERATION

of March 7, 2001 No. 24-FZ

Accepted by the State Duma on February 7, 2001

Approved by the Federation Council on February 22, 2001

Chapter I. General provisions

Article 1. The relations regulated by the Code of inland water transport of the Russian Federation

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

2. Provisions of this Code extend on:

inland waterways of the Russian Federation and shipping hydraulic engineering constructions located on them, moorings;

the ports located on inland waterways of the Russian Federation;

vessels and floating objects, held for use for the purpose of navigation on inland waterways of the Russian Federation.

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 control of objects of the state protection. Conditions of navigation of the specified vessels on inland waterways of the Russian Federation are determined by orders of the Government of the Russian Federation.

4. On sites of inland waterways of the Russian Federation on which navigation and hydrographic conditions of ensuring navigation of vessels and safety of navigation, including carrying out salvage 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 Merchant Marine Code of the Russian Federation, and the relations arising from the transportation agreement - this Code.

Article 2. The legislation in the field of inland water transport of the Russian Federation

The legislation in the field of inland water transport of the Russian Federation consists of the Constitution of the Russian Federation, the Civil code of the Russian Federation, of this Code, other Federal Laws. The relations connected with activities on inland water transport of the Russian Federation are regulated by also corresponding regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of federal executive bodies published according to them which shall not contradict this Code and other Federal Laws.

Article 3. Basic concepts

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

inland water transport of the Russian Federation (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 Russian Federation;

inland waterways of the Russian Federation (further - inland waterways) - the means of communication of inland water transport determined by the Government of the Russian Federation;

navigation - the activities connected with use on inland waterways of courts for carriages 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, pilotage and icebreaker assistance, salvage 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;

the vessel - self-propelled or non-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 paragraph of the sixth ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 367-FZ

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;

navigation - the activities connected with management of ship;

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

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;

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 embarking on vessels and their disembarkation from courts;

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;

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

traveling works - the dredging, vypravitelny, trawl, dnoochistitelny, prospecting and other works which are carried out on inland waterways for content of the ship courses;

sediment Item - the part of surface 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;

infrastructure of inland waterways - set of the objects providing navigation on inland waterways and including shipping 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, alarm installation, information complexes and traffic control systems of courts, and providing functioning of other inland waterways of objects;

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

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

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

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

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

shipping hydraulic engineering constructions - 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, nagivation locks, ship elevators, buildings of hydroelectric power stations, water waste, floodgate 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;

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;

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

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 hydrometeorological conditions of navigation of vessels;

special personnel - the persons which are onboard the vessel and who are not passengers of the vessel or crew members of the vessel;

base (construction) for the parking of small size vessels - complex of the engineering constructions intended for the parking and servicing of small size vessels.

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 federal executive body performing functions on development of state policy and normative legal regulation in the field of transport (further - federal executive body in the field of transport), is direct or through the state organizations which are under its authority, and also other federal executive bodies within the powers conferred to them.

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

3. Ceased to be valid according to the Federal Law of the Russian Federation of 28.07.2012 No. 131-FZ

4. The federal executive body in the field of transport directly or through the territorial authorities and the state organizations specified in Item 1 of this Article exercises control of compliance with law in the field of inland water transport of the Russian Federation, by protection of human life on inland waterways, certification of members of crews of vessel, safety of shipping hydraulic engineering constructions, condition of inland waterways, providing ecological safety in case of operation of courts, state registration of courts and the rights to them, pilot service.

5. Supervision of safety of port hydraulic engineering and shipping hydraulic engineering constructions is performed by federal executive body in the field of transport.

6. The regulatory legal acts of the Russian Federation published concerning activities on inland water transport shall not contradict provisions of this Code.

7. The powers of federal executive bodies in the field of inland water transport provided by this Code can be transferred for implementation to executive bodies of subjects of the Russian Federation by orders of the Government of the Russian Federation according to the procedure, No. 184-FZ established by the Federal Law of October 6, 1999 "About the general principles of the organization legislative (representative) and actuators of the government of subjects of the Russian Federation".

8. Investigation of transport incidents on inland water transport is performed by the federal executive body authorized by the Government of the Russian Federation according to the regulations on investigation of transport incidents on inland water transport approved by federal executive body in the field of transport.

Article 4.1. Control of observance of requirements of this Code

1. Control of observance of the mandatory requirements established by this Code and other regulatory legal acts in the field of inland water transport, international treaties of the Russian Federation in the field of navigation for the purpose of safety control of inland water transport is performed by means of federal state control (supervision) in the field of merchant shipping and inland water transport (further - federal control) by authorized federal executive body according to the provision approved by the Government of the Russian Federation.

2. Subject of federal control are:

1) observance by legal entities, individual entrepreneurs and citizens of the mandatory requirements established by international treaties of the Russian Federation in the field of merchant shipping and navigation, this Code, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them in the field of safety of inland water transport, safety of shipping and port hydraulic engineering constructions, including requirements:

to ensuring flammability control in case of operation of ocean ships, courts of the inland water transport, courts mixed (the river - the sea) swimmings, other floating objects of inland water transport;

to ensuring readiness of forces and means of functional subsystem of the organization of works on the prevention and liquidation of oil spills and oil products on inland waterways from courts and objects of river transport irrespective of their departmental and national identity;

to ensuring availability to disabled people of objects of transport infrastructure of inland water transport and the provided services;

to the organization and implementation of pilotage duty of courts for inland waterways;

to safety control of shipping and port hydraulic engineering constructions;

2) observance by legal entities, individual entrepreneurs (licensees) performing activities for transportations by inland water transport of passengers, activities for transportations by inland water transport of dangerous goods, handling activities in relation to dangerous goods on inland water transport, licensed requirements to the corresponding types of activity;

3) observance by captains of pools of inland waterways of requirements to activities for implementation of the state port control;

4) observance of pools of inland waterways of mandatory requirements by administrations to activities for implementation of navigation and hydrographic providing conditions of navigation of vessels on inland waterways;

5) observance by the manufacturer, contractor (person performing functions of the foreign manufacturer), the seller of the requirements established by technical regulations or the mandatory requirements which are subject to application about day of entry into force of technical regulations according to the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation".

3. The regulations on federal control affirm the Government of the Russian Federation.

4. In regulations on federal control the name and structural elements of the technical regulation and (or) the mandatory requirements which are subject to application about day of entry into force of technical regulations according to the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation" which assessment of observance is performed within federal control, and also products types which are objects of federal control are specified.

5. When implementing federal control the following control (supervising) events are held:

1) inspection visit;

2) raid survey;

3) documentary check;

4) exit check;

5) observation of observance of mandatory requirements;

6) exit inspection.

6. Within federal control the monitoring based on voluntary participation of controlled persons and permanent raid according to provisions of the Federal Law of July 31, 2020 No. 248-FZ "About the state control (supervision) and municipal control in the Russian Federation" are performed.

7. The procedure of permanent raid is established by regulations on the federal control approved by the Government of the Russian Federation.

8. The organization and implementation of federal control are regulated by the Federal Law of July 31, 2020 No. 248-FZ "About the state control (supervision) and municipal control in the Russian Federation".

Article 5. Licensing of separate types of activity on inland water transport

Licensing of separate types of activity on inland water transport is performed in accordance with the legislation of the Russian Federation.

Article 6. Transportation payment, charges (rates) from courts

1. Carriages 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 are performed on paid basis according to the civil legislation taking into account features, stipulated in Item 2 these Articles.

2. The public conveyance and their baggage inland water transport performed according to the appeal of any physical person or legal entity within the prisoner in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs of the public contract or the municipal contract between carrier and public authority or local government body along the approved route is recognized transportation by inland water transport public. If by such contract it is provided to carrier of subsidies for the purpose of compensation of the half-received income and (or) financial provision (compensation) of costs in connection with rendering services in public conveyance and their baggage inland water transport public, the amount of transportation payment is determined by such contract.

3. 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.

4. 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 on natural monopolies.

5. Charges (rates) from courts for services in use of infrastructure of inland waterways, the list of such charges (rates) and the rule of their application are established according to the legislation on natural monopolies.

Article 6.1. Transportation of special personnel

1. Treat special personnel:

1) service employees in connection with execution of service duties by them within the ex-officio full powers in the field of border, customs, sanitary, port, transport and other state control or supervision;

2) persons participating in works on search, exploration and production of minerals, in carrying out construction, traveling, hydrotechnical, underwater and technical and other similar works, in salvage operation, actions for protection of water objects, raising of the sunk property, in investigation of transport incidents, scientific research, pilotage and icebreaker assistance;

3) persons transported on other vessels for the purpose of change of crews of these courts.

2. The special personnel are transported according to the rules of transportation of special personnel on inland water transport approved by federal executive body in the field of transport.

Chapter II. Inland waterways

Article 7. General provisions

1. Inland waterways and shipping hydraulic engineering constructions located on them are in federal property and are used for the purpose of navigation by any legal entities and physical persons. The list of inland waterways affirms the Government of the Russian Federation.

The list of inland waterways includes the list of inland waterways of federal importance and the list of inland waterways of regional value. The procedure for forming of the list of inland waterways, including the bases of inclusion of inland waterways in the specified list, their exceptions of the specified list and refusal in inclusion of inland waterways in the specified list, is established by the Government of the Russian Federation.

1.1. Surface water objects or their parts, suitable for navigation implementation, within their natural, artificial or conditional borders can be carried to inland waterways of federal importance by the Government of the Russian Federation:

1) which have the international value according to international treaties of the Russian Federation;

On which 2) navigation of vessels under flags of foreign states is authorized;

3) which are in limits of cross-border water objects;

4) which connect the administrative centers (capitals) of subjects of the Russian Federation to transport hubs (seaports, river ports in which are performed transshipment, transported in through mixed traffic, servicing of passengers in ports public), and also with special objects, with places of shelter;

5) which connect the region of the Far North and those categorized as such of the area to the administrative centers (capitals) of subjects of the Russian Federation;

6) which ensure safety of the state;

7) which are in the territories of two and more subjects of the Russian Federation.

1.2. According to the decision of the Government of the Russian Federation other navigation of part of surface water objects, suitable for implementation, can be referred to inland waterways of federal importance.

1.3. At the initiative of the highest actuator of the government of the subject of the Russian Federation the navigation of part of surface water objects, suitable for implementation, located in borders of one subject of the Russian Federation and not referred to inland waterways of federal importance according to Items 1.1 and 1.2 of this Article can be referred to inland waterways of regional value by the Government of the Russian Federation.

2. The categories of inland waterways determining dimensions of the ship courses and navigation and hydrographic providing conditions of navigation of vessels, the list of the ship courses for sites of inland waterways and also terms of work of aids to navigation and shipping hydraulic engineering constructions are established by the federal executive body performing functions on rendering the state services and management of state-owned property in the field of inland water transport according to the rules of content of the ship courses and shipping hydraulic engineering constructions approved by federal executive body in the field of transport.

3. Pools of inland waterways are determined by federal executive body in the field of transport.

4. Navigation and hydrographic providing conditions of navigation of vessels on inland waterways, except for sites of border areas of the Russian Federation, is performed by administrations of pools of inland waterways.

Navigation and hydrographic providing conditions of navigation of vessels on inland waterways on sites of border areas of the Russian Federation is regulated by international treaties of the Russian Federation.

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 connected with content of other ship work progresses), content of infrastructure of inland waterways, the organization of technological communication of the organizations of inland water transport are performed at the expense of means of the federal budget, the income from own activities, and also from other sources which are not prohibited by the law.

Public authorities of the subject of the Russian Federation at the expense of means of budgets of subjects of the Russian Federation have the right to participate in joint financing of payment commitments of the Russian Federation regarding content of the ship courses and infrastructure of inland waterways on the inland waterways of federal importance located in borders of the subject of the Russian Federation and to perform financing of content of the ship courses and infrastructure of inland waterways on the inland waterways of regional value located in borders of appropriate subject of the Russian Federation, according to the procedure, determined by the agreement between the federal executive body performing functions on rendering the state services and management of state-owned property in the field of inland water transport and the highest actuator of the government of appropriate subject of the Russian Federation, by provision of subsidies to the federal budget from budgets of subjects of the Russian Federation.

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 is performed at the expense of owners of these ports or moorings and Items of sediment.

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