of November 15, 1999 No. 321-Z
It is accepted by the House of Representatives on October 13, 1999
Approved by Council of the Republic on October 28, 1999
The Maritime Code of the Republic of Belarus determines legal, economic and organizational basis of merchant shipping for the purpose of ensuring requirements of economy and the population in maritime transports and the related works and services.
This Code governs the relations arising in connection with transportation of loads by courts, passengers and baggage, use of courts for towage, implementation of rescue operations and also other relations in the field of merchant shipping.
The rules established by this Code extend on:
ocean ships during their swimming both on maritime routes, and on the rivers, lakes, water storage basins and other inland waterways if the legislation does not provide other;
inland navigation vessels, and also vessels of the swimming mixed (river sea) during their following on maritime routes, and also on the rivers, lakes, water storage basins and other inland waterways when implementing transportation of goods, passengers and baggage with calling seaport, during implementation of rescue operations and in case of collision with the ocean ship.
Action of this Code, except for provided in it or in international treaties of the Republic of Belarus of cases, does not extend to the vessels which are in state-owned property or operated by the Republic of Belarus and used by it at the time of emergence of requirements only for the state non-commercial purposes and also to the non-commercial loads which are in property of the Republic of Belarus.
If this Code provides that its rules extend to the vessels and loads specified in part three of this Article, then such rules shall not be used as the bases for withdrawal, arrest and detention of such courts and loads.
In this Code the following main terms and their determinations are used:
baggage – things and other property (including the car) accepted by carrier at the passenger for delivery in destination and the following separately from the passenger;
load – the material values accepted by carrier at the sender or the freighter for delivery by sea transport in destination;
demurrage – the remuneration which is due to carrier for vessel idleness during kontrstaliyny time;
the dispatch – the remuneration which is due for the end of loading or unloading of load before the expiration of lay days;
cabin baggage – things and other property which are in cabin of the passenger or otherwise are under its protection or control;
classification society – the organization appropriating class to courts according to the conforming classification requirements and performing technical observation of courts in the course of their construction and operation;
the bill of lading – the tovarorasporyaditelny document (security) certifying the conclusion of the sea transportation agreement of load and serving as the proof of acceptance by carrier of the load specified in this document;
kontrstaliyny time – waiting time, additional upon termination of lay days;
seaworthiness of the vessel – capability of the vessel it is safe to float in any weather in the established areas with the minimum losses of speed, without risk for life and health of crew of the vessel and passengers and for safety of load;
maritime transport – set organizationally and technology interconnected transactions on movement of passengers, loads and baggage by sea transport;
sea transport – set of the communications and courts providing activities for maritime transport of passengers, loads and baggage;
sea transport public – the sea transport which is carrying out the transport works and services based on obligation of their accomplishment according to the address of any citizen or legal entity;
the sender – person who on its own behalf or based on the sea transportation agreement of load entrusts to carrier load for its delivery in destination and issues to the representative to receipt of load to person (receiver);
the passenger – the physical person having the travel document (ticket) certifying the conclusion of the sea transportation agreement of passengers;
carrier – person, independently or otherwise performing maritime transport of passengers, loads and baggage according to the sea transportation agreement;
port – complex of the constructions located on specially allotted the territories and water areas and intended for servicing of courts and passengers, implementation of transactions with loads and other services which are usually rendered in port;
port authorities – the relevant administrations of ports performing administrative and imperious and other powers assigned to them;
the owner of the vessel – the person of law of property or person performing concerning the right vessel to whom rules about the property right are applied;
the rescuer – person performing rescue operation;
rescue operation – the action or activities undertaken on rescue of the vessel which is on it load and other property and also on preserving the freight and carriage charge of the passengers and baggage or other property, the environment which are in danger in any navigable or other waters;
lay days – period of time during which the carrier provides and keep the vessel under loading or unloading without payments, additional to the freight;
the vessel – self-propelled or not self-propelled floating construction, held for use for the purpose of merchant shipping;
the shipowner – person operating the vessel on its own behalf irrespective of is it the owner of the vessel or person using it on other legal cause;
technical observation – the checks of courts performed by classification society according to the rules of classification of courts, rules of construction of vessels, rules of technical observation of production of materials and products for courts, rules of technical observation of construction of vessels, rules of technical observation and survey of courts published by this society in the course of their operation, rules of prevention of environmental pollution from courts;
merchant shipping – the activities connected with use of courts for the purpose of transportation of goods, passengers and baggage, fish and other sea crafts, investigation and development of mineral resources, towage, rescue operations, raising of the sunk property, hydrotechnical, underwater and technical and other similar works and also for other economic, scientific and cultural purposes;
the actual carrier – person to whom carrier implementation of maritime transport or its part, or the other person to whom implementation of maritime transport or its part is entrusted is entrusted;
crew of the vessel – persons entered in the list of crew members of the vessel (muster roll) which fulfillment of duties on control of the vessel and its servicing, and also on swimming safety, prevention of damnification in accordance with the established procedure is entrusted to the vessel and the people who are on it, baggage and load.
Subjects of merchant shipping are the Republic of Belarus on behalf of authorized state bodies, administrative and territorial units of the Republic of Belarus, other states, legal and (or) physical persons, including foreign, and also the stateless persons performing merchant shipping.
The legislation in the field of merchant shipping is based on the Constitution of the Republic of Belarus and consists of of this Code, decrees and presidential decrees of the Republic of Belarus, other acts of the legislation.
The property relations arising from merchant shipping and based on equality, autonomy of will and property independence of their participants are regulated by this Code according to the Civil code of the Republic of Belarus. To the property relations, not regulated or not completely regulated this Code, applies rules of the civil legislation.
The relevant standards of the legislation are applied to other relations arising from merchant shipping and which are not regulated by this Code.
If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Code then are applied rules of the international treaty.
State regulation in the field of merchant shipping is understood as the activities of state bodies for creation of economic, organizational and legal conditions for implementation and development of merchant shipping including:
1) determination and realization of state policy in the field of merchant shipping;
2) the conclusion of international treaties of the Republic of Belarus in the field of merchant shipping;
3) development of development programs and functioning of sea merchant marine fleet of the Republic of Belarus;
4) the edition of regulatory legal acts in the field of merchant shipping.
The state control in the field of merchant shipping in the Republic of Belarus is imposed on the republican state body in the field of sea transport performing:
1) control of compliance with law in the field of merchant shipping;
2) safety of merchant shipping, protection of life and human health on the sea, protection and preserving the marine environment;
3) state registration of courts, courts under construction and rights to them;
4) organization of certification of specialists of merchant shipping;
5) it is excluded
6) No. 326-Z is excluded according to the Law of the Republic of Belarus of 22.12.2011
7) other functions, stipulated by the legislation.
Technical observation and classification of courts are performed by classification society at the choice of the shipowner.
In the Republic of Belarus classification societies perform activities according to requirements of the legislation and international treaties of the Republic of Belarus in the field of merchant shipping.
Classification societies publish rules of classification of courts, rules of construction of vessels, the rule of technical observation of production of materials and products for courts, rules of technical observation of construction of vessels, rules of technical observation and survey of courts in the course of their operation, the rule of prevention of environmental pollution from courts.
Classification society has the right in case of failure to carry out of its rules, requirements of the legislation and international treaties of the Republic of Belarus in the field of merchant shipping not to issue and withdraw the ship's papers which are earlier issued to them.
Classification society performs technical observation and classification:
1) passenger and liquid cargo carriers, courts intended for transportation of dangerous goods, and also for towage irrespective of capacity of the main engines and gross tonnage;
2) the self propelled vessels which are not specified in Item 1 of this part, capacity of the main engines of 55 kW and more;
3) the courts which are not specified in Items 1 and 2 of this part with a gross tonnage of 80 register tons and more.
Technical observation and classification of the courts which are not specified in part five of this Article are performed by the organization determined by the Government of the Republic of Belarus.
Rates for maritime transport of loads, passengers and baggage sea transport public, and also rules of application of these rates are established according to the procedure, determined by legal acts.
The unit of account applied by this Code is unit of special drawing right determined by the International Monetary Fund. In case of need the amounts specified in this Code in units of account are transferred to Belarusian rubles at the rate of National Bank for date of adjudication or for the date established by the agreement of the parties.
Vessels can be in state-owned property (property of the Republic of Belarus and its administrative and territorial units), in private property of legal and (or) physical persons, including foreign, and also the persons without citizenship who are constantly living in the Republic of Belarus.
Vessels with the nuclear power station can be only in property of the Republic of Belarus.
The property right to the vessel or to share in it arises from the moment of registration of the vessel in the State register of ocean ships of the Republic of Belarus or the ship book.
The property right to the vessel under construction or to share in it arises from the moment of registration of such right in the State register of ocean ships of the Republic of Belarus or the ship book.
The owner of the vessel has the right to make at discretion concerning the vessel any actions which are not contradicting the legislation, public advantage and safety, not doing harm to the environment, historical and cultural values and not infringing the rights and other persons protected by the law of interests including to alienate the vessel in property to other persons, to transfer to them, remaining the owner, rights of possession, uses and orders of the vessel, to give the vessel to mortgage and to encumber it with other methods, and also to dispose of it otherwise.
Alienation of the vessel which is in state-owned property in property to foreign state, foreign legal and (or) physical person is allowed according to the procedure, established by the legislation.
The property right and other corporeal rights to the vessel under construction or to share in it are determined by the right of the place of agreement to vessel construction if other is not established by the agreement of the parties.
The owner of the vessel has the right to give him to the trustee according to the trust management agreement of the vessel to the term which is not exceeding five years for implementation of control of the vessel for remuneration for the benefit of the owner.
The vessel which is under economic authority or operational management cannot be delivered in trust management.
Transfer of the vessel to trust management does not involve transition of the property right to it to the trustee.
Transfer of the vessel to trust management is subject to obligatory registration in the State register of ocean ships of the Republic of Belarus or the ship book.
The individual entrepreneur or the commercial organization, except for the unitary enterprise can be the trustee competent of the field of management of courts and their operation.
The trust management agreement of the vessel shall be signed in writing.
In the trust management agreement of the vessel shall be specified:
1) the subject of the agreement, including the characteristic of the vessel delivered in trust management, and its cost;
2) limits of use of the vessel by the trustee;
3) the name of the legal entity or name of the citizen for the benefit of which control of the vessel (the obligee or the beneficiary) is exercised;
4) the size and form of remuneration to the trustee if payment of remuneration is provided by the agreement;
5) duration of the agreement.
The swimming right under National flag of the Republic of Belarus is granted to courts:
1) being in state-owned property;
2) being in property of legal and (or) physical persons, including foreign, and also the persons without citizenship who are constantly living in the Republic of Belarus;
3) operated by legal and (or) physical persons of the Republic of Belarus based on the lease agreement of the vessel without crew (bare-boat charter) or the agreement of leasing.
The swimming right under National flag of the Republic of Belarus is provided to the courts specified in Item 3 parts one of this Article on the duration of the agreement of lease of the vessel without crew (bare-boat charter) or the agreement of leasing.
The vessel acquires the swimming right under National flag of the Republic of Belarus from the moment of registration of the vessel in the State register of ocean ships of the Republic of Belarus or the ship book.
The vessel acquired abroad has the swimming right under National flag of the Republic of Belarus from the moment of issue by the consul of the Republic of Belarus (diplomatic representative) of the interim certificate certifying this right and the vessel, valid before entering, into the State register of ocean ships of the Republic of Belarus or the ship book, but on the term which is not exceeding one year.
On the vessel of National flag of the Republic of Belarus without the swimming right under this flag perpetrators bear the responsibility established by the legislation for rise.
The vessel having the swimming right under National flag of the Republic of Belarus has nationality of the Republic of Belarus.
The vessel having nationality of the Republic of Belarus shall fly National flag of the Republic of Belarus.
The vessel loses the swimming right under National flag of the Republic of Belarus in cases of discrepancy to conditions, stipulated in Article the 16th of this Code.
If the owner of the vessel having nationality of the Republic of Belarus based on the lease agreement of the vessel without crew (bare-boat charter) or the agreement of leasing put the vessel into operation to foreign legal entity or physical person, the vessel according to the decision of republican state body in the field of sea transport temporarily loses the swimming right under National flag of the Republic of Belarus under condition if:
1) the legislation of the state which nationality is temporarily provided to the vessel does not prohibit change of flag;
2) the owner of the vessel expressed the consent to temporary transfer of the vessel under flag of foreign state;
3) pawnbrokers of the registered mortgages expressed the written consent to temporary transfer of the vessel under flag of foreign state.
In the Republic of Belarus vessels are registered in the State register of ocean ships of the Republic of Belarus or the ship book.
In the State register of ocean ships of the Republic of Belarus vessels, technical observation of which is performed by classification society, are registered.
The vessels which are not subject to registration in the State register of ocean ships of the Republic of Belarus are registered in the ship book.
In the State register of ocean ships of the Republic of Belarus and the ship book boats and other watercrafts which are accessory of any vessel are not registered.
The vessels which are in state-owned property or operated by the Republic of Belarus and used by it only for the state non-commercial purposes are registered in the State register of ocean ships of the Republic of Belarus or the ship book according to the rules established by this Code.
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