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FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 8, 2007 No. 261-FZ

About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation

(as amended on 11-06-2021)

Accepted by the State Duma on October 16, 2007

Approved by the Federation Council on October 26, 2007

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations arising from merchant shipping in seaports in the Russian Federation (further also - seaports), establishes procedure for creation, opening, closing of seaports, procedure in them of activities, including rendering services, and also establishes bases of state regulation of activities in seaports.

2. Features of public administration, and also feature of implementation of economic activity and legal status of subjects of such activities in port special economic zones are established by the legislation of the Russian Federation on special economic zones.

3. Seaports in this Federal Law are understood as seaports in that value as they are determined in the Merchant Marine Code of the Russian Federation.

Article 2. Legal regulation of the relations connected with implementation of activities in seaports

1. The legislation on seaports is based on the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation.

2. Implementation of activities in seaports is regulated by this Federal Law, the Merchant Marine Code of the Russian Federation, other Federal Laws and other regulatory legal acts of the Russian Federation.

3. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 3. Customs of seaport

1. Customs of seaport represent the rules of conduct which developed and widely applied when rendering services in seaport and not stipulated by the legislation the Russian Federation.

2. The Chamber of Commerce and Industry of the Russian Federation witnesses customs of seaport.

3. Customs of seaport shall not contradict the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation, the Merchant Marine Code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

Article 4. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) infrastructure facilities of seaport - the building, constructions, vessels, devices and the equipment located in the territory of seaport and used for implementation of activities for the purpose of merchant shipping including for rendering services. The list of infrastructure facilities of seaports affirms the authorized 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);

2) inner harbor - the water space which is specially allocated for water areas of seaport and intended for servicing of courts and implementation of transactions with loads;

3) outer harbor - the water space which is specially allocated on approaches to seaport and intended for the parking and servicing of courts;

4) port hydraulic engineering constructions - the technical constructions (bank protection constructions, breakwaters, dams, piers, piers, moorings, and also the approach channels, underwater constructions created as a result of carrying out dredging works) located in the territory of seaport, interacting with the water circle and intended for safety control of navigation and the parking of courts;

5) the mooring - the port hydraulic engineering construction intended for the parking and servicing of courts, servicing of passengers, including their landing to vessels and their disembarkation from courts, implementation of transactions with loads;

6) owners of infrastructure facilities of seaport - the legal entities or individual entrepreneurs registered in accordance with the legislation of the Russian Federation and performing operation of infrastructure facilities of seaport on its own behalf irrespective of are they owners of these objects or use them on other legal cause;

7) maritime terminal - set of infrastructure facilities of seaport, technologically connected among themselves and the transactions intended and (or) used for implementation with loads, including for their transfer, servicing of courts, other vehicles and (or) servicing of passengers;

8) the operator of maritime terminal - the transport organization performing operation of maritime terminal, transaction with loads including their transfer, servicing of courts, other vehicles and (or) servicing of passengers;

9) transshipment - complex type of service and (or) works on freight handling and (or) baggage from one mode of transport on other mode of transport when transporting in the through international traffic and the indirect international message, through and indirect mixed traffic, including cargo transfer in borders of the territory of seaport and their technological accumulating, or on freight handling without their technological accumulating from one mode of transport on other mode of transport;

10) technological accumulating of loads - the forming of consignments waiting for giving of vehicles performed in case of transshipment;

11) users services which rendering is performed in seaport (further - users), - consignors (senders), consignees (receivers), shipowners, carriers, passengers or other physical persons or legal entities;

12) services which rendering is performed in seaport (further - services in seaport) - services which rendering to users is usually performed in seaport and on approaches to it according to international treaties of the Russian Federation and the legislation of the Russian Federation;

13) ceased to be valid according to the Federal Law of the Russian Federation of 18.07.2017 No. 177-FZ

14) ceased to be valid according to the Federal Law of the Russian Federation of 19.07.2011 No. 246-FZ

15) ceased to be valid according to the Federal Law of the Russian Federation of 18.07.2017 No. 177-FZ

16) approaches to seaport - the outer harbors and sites of sea lanes of the established width which are adjoining the seaport water area, but not going beyond territorial sea of the Russian Federation where vessels shall go with use of traffic control system of courts and (or) pilotage duty and (or) shall observe the navigation security measures established by obligatory resolutions in seaport for calling of courts seaport, exit of courts from seaport.

Article 5. Territory of seaport, approaches to seaport

1. The territory of seaport includes the lands, the parcels of land, the seaport water area used for the purpose of, provided by this Federal Law, or held for use for present purposes.

2. The decision on establishment or change of borders of the territory of seaport is accepted by the Government of the Russian Federation. Appendix to such decision is the text description of location of borders of the territory of seaport including the list of geographical coordinates of characteristic points of borders of this territory and (or) the list of coordinates of these points in the coordinate system installed for maintaining the Single state real estate register.

3. The decision on expansion of the territory of seaport is made by the Government of the Russian Federation for the purpose of creation of the artificial parcels of land planned to inclusion in borders of the territory of seaport.

4. The procedure for establishment or change of borders of the territory of seaport, and also expansion of the territory of seaport affirms the Government of the Russian Federation.

5. Approaches to seaport are established by federal executive body in the field of transport.

Chapter 2. Creation, opening and closing of seaport

Article 6. Creation of seaport

1. Creation of seaport is performed based on the scheme of territorial planning of the Russian Federation in the field of development of federal transport (rail, air, sea, inland water, pipeline transport) and highways of federal importance.

2. The decision on creation of seaport is made by the Government of the Russian Federation.

3. The actions connected with formation of the parcels of land, creation of the artificial parcels of land, construction of facilities of capital construction relating to infrastructure facilities of seaport and other actions can be provided in the decision on creation of seaport.

4. The procedure for preparation and decision making about creation of seaport affirms the Government of the Russian Federation.

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