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MARITIME CODE

of June 22, 2001 No. 146-IIQ

(as amended on 09-07-2021)

Chapter I. General provisions

Article 1. The relations regulated by the Maritime Code of the Azerbaijan Republic

1.1. This Code regulates the legal basis of activities of merchant shipping, its effective organization and the relations arising in connection with its target development.

1.2. The relations arising in connection with merchant shipping are regulated by this Codes, the laws of the Azerbaijan Republic, international treaties supported by the Azerbaijan Republic, and adopted on their basis by regulatory legal acts.

1.3. Provisions of the civil legislation of the Azerbaijan Republic are applied to the property relations arising in connection with merchant shipping and not regulated or not completely regulated this Code.

Article 2. The basic concepts in the Maritime Code

2.1. Under the words "merchant shipping" the following types of activity performed with use of courts are provided:

2.1.1. transportation of goods, passengers and their baggage, mailings;

2.1.2. trade of water biological resources;

2.1.3. pilot pilotage;

2.1.4. investigation and development of mineral resources of seabed and its subsoil;

2.1.5. towing, icebreaking, search and rescue operations;

2.1.6. raising of the property which sank in the sea;

2.1.7. protection and preserving the marine environment;

2.1.8. use in other economic, scientific, educational, sports and cultural purposes.

2.2. The vessel - the self-propelled or not self-propelled floating construction used for the purpose of merchant shipping.

2.3. 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 causes.

2.4. Seaport (further - port or seaport) - complex of the constructions located in the special territory and the water area and provided for servicing of the courts used for the purpose of merchant shipping, and servicing of passengers, implementation of transactions with freight and rendering other services performed in seaports.

2.5. Port authority - the legal entity created for the purpose of the organization of activities of port and management by it with the charter approved by the relevant organ (structure) established by executive body.

2.6. Vessel capacity - the gross tonnage of the vessel determined according to international treaties by measurement of courts.

2.7. Unit of account - unit of special drawing right determined by international financial institutions.

2.8. Cabotage - the transportation and sea towage performed between seaports of the Azerbaijan Republic.

2.9. Flag control - the state supervision in the sphere of check and certification of the courts registered in the corresponding ship register of the Azerbaijan Republic and floating under national flag of the Azerbaijan Republic, including provision of documents by it concerning safety and environmental protection.

2.10. Port control - the state supervision on check of compliance of the foreign vessels which are coming into ports of the Azerbaijan Republic or leaving them, their equipment and management to requirements of international treaties.

Article 3. Application of the rules established by this Code

3.1. Rules of this Code extend on:

3.1.1. ocean ships during their swimming both on sea, and on inland waterways if other is not established by the international treaty supported by the Azerbaijan Republic, or the law;

3.1.2. inland navigation vessels, and also "river sea" vessels - when implementing transportation of goods, passengers and their baggage sea, and also inland waterways with calling foreign seaports, implementation of rescue operation and in case of collision with the ocean ship.

3.2. The rules established by this Code do not extend to the warships, the military and auxiliary ships and vessels which are in state-owned property or operated by the state and used only for government non-commercial service, and also to the non-commercial freights which are in state-owned property, except as specified, provided by directly this Code.

Article 4. Public administration in the field of merchant shipping

4.1. Public administration in the field of merchant shipping is exercised of relevant organ of the executive authority.

4.2. The relevant organ of the executive authority according to this Code and international treaties supported by the Azerbaijan Republic publishes the regulatory legal acts governing the relations arising in connection with merchant shipping within the competence.

4.3. Navigation and hydrographic providing maritime routes is performed by relevant organ of the executive authority.

4.4. The structure created by relevant organ of the executive authority for accomplishment of the corresponding works on the directions of the activities does not need receipt of the licenses and permissions provided in the list approved by relevant organ of the executive authority.

Article 5. State supervision of merchant shipping

5.1. The state supervision of merchant shipping in the Azerbaijan Republic is exercised by relevant organ of the executive authority.

5.2. The relevant organ of the executive authority exercises the state supervision for:

5.2.1. observance of the international treaties on merchant shipping supported by the Azerbaijan Republic and legislations of the Azerbaijan Republic on merchant shipping;

5.2.2. management system safe movement of courts;

5.2.3. condition of maritime routes and the technical means of navigation built on maritime routes;

5.2.4. state registration of courts and rights to them;

5.2.5. pilot service and traffic control system of courts in seaports;

5.2.6. rescue service and its interaction with other rescue services;

5.2.7. protection of the marine environment.

Article 5-1. Licensing in the sphere of merchant shipping

5-1.1. The following types of activity in the sphere of merchant shipping are performed on the basis of the corresponding permission (license):

5-1.1.1. transportation of goods by water transport;

5-1.1.2. transportation of passengers by water transport.

Article 6. Unit of account

6.1. Expression in manats of the amounts specified in Articles 132, of 148, 253.1, 262.1 and 280 of this Code is performed according to manat cost in unit of special drawing right taking into account following provisions:

6.1.1. for date of decision by court or Arbitration Court, or on established by the agreement of the parties amounts specified in Articles 132 and 148 of this Code;

6.1.2. for date of creation of fund of the liability limit - the amounts specified in Articles 253.1 and 262.1 of this Code;

6.1.3. for date of creation of fund of the liability limit, payment execution or provision of the providing equivalent to payment - the amounts specified in article 280 of this Code.

6.2. Manat cost in unit of special drawing right is estimated according to cost determination method, applied by the international financial structures for the corresponding date to the transactions and calculations.

Article 6-1. The state fee for services or legal acts in the sphere of navigation

6-1.1. The state fee is paid for the following services or legal acts in the sphere of navigation:

6-1.1.1. issue of the Certificate the swimming right under National flag of the Azerbaijan Republic;

6-1.1.2. issue to courts of the interim certificate on the swimming right under National Flag of the Azerbaijan Republic with registration or re-registration in the bare-boat - the charter register;

6-1.1.3. issue of the Certificate on the property right to vessels with registration or re-registration in the State ship register;

6-1.1.4. issue of the Certificate on structure of crew;

6-1.1.5. issue of the Certificate on prevention of pollution by oil;

6-1.1.6. issue of the statement from the Ship register;

6-1.1.7. issue of the Certificate on vessel compliance to requirements of "The international code on protection of courts and port means";

6-1.1.8. issue of the Certificate on vessel compliance to requirements of "The international code on safety management";

6-1.1.9. issue of the Certificate on compliance of port to requirements of "The international code on protection of courts and port means";

6-1.1.10. issue of the Certificate on compliance of the seaworthy company to requirements of "The international code on safety management";

6-1.1.11. issue of Certificates of competency (working diplomas) and confirmations to members of commander and ordinary structure of the vessel;

6-1.1.12. issue of certificates of training courses for crew members of the vessel;

6-1.1.13. issue of the Registration book of the seaman;

6-1.1.14. certification of the identity of the seaman;

6-1.1.15. issue of the ship ticket for low-tonnage vessels;

6-1.1.16. registration of motorless low-tonnage courts;

6-1.1.17. registration of motor low-tonnage ships;

6-1.1.18. carrying out technical inspection of low-tonnage courts;

6-1.1.19. issue of the statement to low-tonnage courts from the ship register;

6-1.1.20. issue of driver's licenses to drivers of low-tonnage vessels.

6-1.1.21. Issue of the Certificate on insurance or other financial provision in connection with the civil responsibility for the damage caused as a result of pollution by bunker fuel;

6-1.1.22. Issue of the certificate on rendering services by the shipping agent in seaports.

Chapter II. Vessel

Article 7. Property on the vessel

7.1. The property on the vessel is possible in all patterns of ownership, stipulated by the legislation the Azerbaijan Republic.

7.2. The owner of the vessel has the right to make concerning the vessel any actions which are not contradicting the legislation of the Azerbaijan Republic and not violating the rights and the interests of other persons protected by the law, 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, and also to establish mortgage of the vessel and to dispose of it otherwise.

Article 8. The swimming right under National flag of the Azerbaijan Republic

8.1. The swimming right under National flag of the Azerbaijan Republic is granted to the courts which are in property of legal entities and physical persons of the Azerbaijan Republic, the state-owned and municipal property of the Azerbaijan Republic.

8.2. The swimming right under National flag of the Azerbaijan Republic can be temporarily granted to the courts registered according to the decision of relevant organ of the executive authority in the register of courts of foreign state, provided in use and in ownership to the Azerbaijani freighter on the basis the bare-boat - charter (the agreement of marine chartering without crew), in the following cases:

8.2.1. if the freighter of the vessel on the bare-boat - to charter meets the requirements specified in Article 8.1 of this Code;

8.2.2. if the owner of the vessel gave the written consent to the translation of the vessel under National flag of the Azerbaijan Republic;

8.2.3. if the pawnbroker of mortgage of the vessel or the encumbrance of the vessel of the same nature established and registered according to the legislation of the state of the owner of the vessel gave the written consent to the translation of the vessel under National flag of the Azerbaijan Republic;

8.2.4. if the legislation of the state of the owner of the vessel does not forbid provision to the swimming right vessel under the flag of foreign state;

8.2.5. if the right of navigation of the vessel under the flag of foreign state is suspended or will be suspended at the time of provision to the swimming right vessel under National flag of the Azerbaijan Republic.

8.3. The swimming right under National flag of the Azerbaijan Republic can be granted to the vessel for the term which is not exceeding two years with the right of its subsequent prolongation every two years, but not over action of bare-boat charter. For the purposes of change of flag effective period of bare-boat charter cannot be less than one year.

8.4. Confirmation of cancellation of the decision on provision to the swimming right vessel under National flag of the Azerbaijan Republic is accepted in the same order, as the decision.

Article 9. Emergence of the right of swimming under National flag of the Azerbaijan Republic

9.1. The vessel acquires the swimming right under National flag of the Azerbaijan Republic from the moment of registration it in one of registers of courts of the Azerbaijan Republic, stipulated in Article 26.1 of this Code.

9.2. The vessel acquired outside the Azerbaijan Republic has the swimming right under National flag of the Azerbaijan Republic from the moment of issue by consular establishment of the Azerbaijan Republic or relevant organ of the executive authority of the Azerbaijan Republic of the interim certificate certifying such right.

9.3. The interim certificate of the vessel, valid before registration, in the corresponding ship register of the Azerbaijan Republic, but no more than six months.

Article 10. Vessel nationality

10.1. The vessel having the swimming right under National flag of the Azerbaijan Republic has nationality of the Azerbaijan Republic.

10.2. The vessel having nationality of the Azerbaijan Republic shall fly National flag of the Azerbaijan Republic.

Article 11. Loss of the right of swimming under National flag of the Azerbaijan Republic

11.0. The vessel loses the swimming right under National flag of the Azerbaijan Republic in the following cases:

11.0.1. if does not conform to requirements, stipulated in Article 8.1 of this Code;

11.0.2. if the term for which the vessel according to Articles 8.2 and 8.3 of this Code is granted the swimming right under National flag of the Azerbaijan Republic expired or the decision on provision to the vessel of such right is cancelled.

Article 12. Temporary transfer of the vessel under flag of foreign state

12.1. By provision of the vessel registered in the State ship register or the ship book - to charter such vessel can be temporarily transferred to the foreign freighter on the bare-boat to use and ownership under flag of foreign state based on the decision of relevant organ of the executive authority with swimming right suspension condition under National flag of the Azerbaijan Republic in the following cases:

12.1.1. if the owner of the vessel gave the written consent to the translation of the vessel under flag of foreign state;

12.1.2. if in the absence of preliminary satisfaction of the mortgage of the vessel established and accepted on state registration in accordance with the established procedure the pawnbroker of mortgage agreed in writing to the translation of the vessel under flag of foreign state;

12.1.3. if the legislation of the state of the freighter does not contain the provisions forbidding provision to the vessel registered in the State ship register or the ship book, the swimming rights under the flag of such state and return of the vessel under National flag of the Azerbaijan Republic after provision term to the swimming right vessel under the flag of such state.

12.2. The vessel can be transferred under flag of foreign state to the term which is not exceeding two years with the right of its subsequent prolongation every two years, but not over bare-boat charter effective period. For the purposes of change of flag effective period of bare-boat charter cannot be less than one year.

12.3. Confirmation of cancellation of the decision on the translation of the vessel under flag of foreign state is accepted in the same order, as the decision.

Article 13. Name of the vessel

13.1. The vessel which is subject to registration in the State ship register or the ship book shall have the name.

13.2. The name is appropriated to the vessel by his owner according to the procedure, established by relevant organ of the executive authority of the Azerbaijan Republic.

13.3. The name of the vessel can be changed upon transition of the property right to the vessel or in the presence of others the bases, sufficient on that. Pawnbrokers of the vessel mortgages accepted on state registration are immediately notified on change of the name of the vessel.

Article 14. Call sign

14.1. The call sign is appropriated to the vessel. Depending on technical equipment of the vessel also identification number of the ship station of satellite communication and number of the selective challenge of ship radio station are appropriated to it.

14.2. The procedure for assignment to the vessel of call sign, identification number of the ship station of satellite communication and number of the selective challenge of ship radio station is established by relevant organ of the executive authority.

Article 15. Bodies of technical supervision and classification of courts

15.1. Engineering supervision over the courts specified in Article 16.2 of this Code, and their classification are performed by the classification societies chosen as the owner of the vessel and (or) the owner of the vessel.

15.2. Engineering supervision over construction or repair of courts in the territory of the Azerbaijan Republic, including behind vessel construction under National flag of the Azerbaijan Republic outside the Azerbaijan Republic is performed by classification societies.

15.3. Permission to activities of classification societies is issued by relevant organ of the executive authority.

Article 16. Technical supervision of courts

16.1. The vessel can be allowed to swimming only after it is determined that it meets safety requirements of navigation and international treaties of the Azerbaijan Republic in the field of merchant shipping.

16.2. Societies of classification within the powers exercise technical supervision for passenger, passenger-and-freight, bulk-oil, courts on transportation of liquid cargoes, tug boats, and also behind other self propelled vessels with the main engines capacity at least than 55 kW and dumb boats with a capacity at least than 80 tons, the sports and pleasure crafts except for used in non-commercial purposes.

16.3. Technical supervision of courts concerning which according to the capacity of such courts and capacity of the main engines of the rule, stipulated in Clause 16.2 of this Code, are not applied is performed according to the procedure, established by relevant organ of the executive authority.

Article 17. Classification of courts

Societies of classification according to their powers appropriate to the courts specified in Article 16.2 of this Code, the corresponding class depending on type of their device and equipment. Assignment of class to courts makes sure classification certificates.

Article 18. Main ship's papers

18.1. The vessel shall have the following main ship's papers:

18.1.1. the certificate on the swimming right under National flag of the Azerbaijan Republic;

18.1.2. certificate on the property right to the vessel;

18.1.3. it is excluded according to the Law of the Azerbaijan Republic of 01.02.2019 No. 1471-VQD

18.1.4. the passenger certificate (for the passenger ship);

18.1.5. certificate of measurement;

18.1.6. certificate on the range of freight;

18.1.7. certificate on crew of the vessel;

18.1.8. certificate on prevention of pollution by oil;

18.1.9. certificate on prevention of pollution by sewage;

18.1.10. certificate on prevention of pollution by garbage;

18.1.11. special permission to activities of ship radio station and radio magazine (if the vessel has radio station);

18.1.12. list of crew members of the vessel;

18.1.13. logbook;

18.1.14. the engineer's log (for courts with the mechanical engine);

18.1.15. the transaction journal with sewage;

18.1.16. the transaction journal with garbage;

18.1.17. the magazine of oil operations for the courts which are not oil tankers;

18.1.18. the magazine of oil operations for oil tankers;

18.1.19. sanitary magazine;

18.1.20. the ship sanitary certificate about the exit right in swimming;

18.1.21. the passenger manifest (for the passenger ship);

18.1.21-1. Certificate on vessel compliance to requirements of "The international code on protection of courts and port means";

18.1.21-2. Certificate on vessel compliance to requirements of "The international code on safety management";

18.1.21-3. the document for regular records of ship history;

18.1.21-4. The certificate on insurance or other financial provision in connection with the civil responsibility for the damage caused as a result of pollution by bunker fuel;

18.1.22. other documents conforming to requirements of International Maritime Organization.

18.2. The list of crew members of the vessel, the passenger manifest, ship, radio - and machine magazines are kept according to the procedure, established by relevant organ of the executive authority.

18.3. The sanitary magazine is kept according to the procedure, established by relevant organ of the executive authority of the Azerbaijan Republic.

18.4. The vessel used for health, quarantine and other control can not have the certificate on the range of freight and the certificate of measurement. Capacity of such vessel can be determined by the simplified method with issue of the corresponding certificate.

18.5. The vessel performing coastal swimming can not have machine, radio - ship and sanitary magazines if other is not established by the bodies exercising technical supervision.

Article 19. Additional ship's papers

The vessel shall have except the documents specified in article 18 of this Code and other documents provided by the rules approved by classification society.

Article 20. Ship's papers for some categories of courts

The list of the ship's papers necessary on sports, pleasure and other self propelled vessels with the main engines capacity of less than 55 kW, and dumb boats the capacity of less than 80 tons, procedure for their issue and maintaining is established by relevant organ of the executive authority.

Article 21. Ship's papers for courts of long voyage

The vessels leaving in long voyage except the documents specified in Articles 18 - the 20th of this Code, shall have also the documents provided by international treaties of the Azerbaijan Republic.

Article 22. The bodies issuing ship's papers

22.1. The certificate on the swimming right under National flag of the Azerbaijan Republic and the certificate on the property right to the vessel are issued by the body performing registration of the vessel.

22.2. The certificate of measurement, the passenger certificate, the certificate on the range of freight, the certificate on prevention of pollution by oil, the certificate on prevention of pollution by sewage, the certificate on prevention of pollution and other additional ship's papers are issued by garbage the body which registered the vessel. With the permission of society of classification some categories of courts can not have the certificate of measurement or the certificate on the range of freight.

22.3. For the courts leaving in the long voyage, documents provided by international treaties of the Azerbaijan Republic are issued classification the body which registered the vessel.

22.4. Special permission to activities of ship radio station is issued by relevant organ of the executive authority.

22.5. The ship sanitary certificate about the exit right in swimming is granted by relevant organ of the executive authority;

22.6. The certificates provided by Articles 6-1.1.8 and 6-1.1.10 of this Code are issued by relevant organ of the executive authority;

the form and procedure for issue of such certificates are established by relevant organ of the executive authority.

Article 23. Recognition of documents of the vessel floating under the flag of foreign state

Recognition of documents of the vessel floating under the flag of foreign state and visiting ports of the Azerbaijan Republic is performed based on international treaties of the Azerbaijan Republic.

Article 24. Requirements imposed to ship's papers

On the vessel there shall be originals of all ship's papers, except for certificates on the property right to the vessel which copy shall be certified by the body which granted such certificate.

Article 25. Procedure for maintaining ship's papers. Storage of the logbook

25.1. The magazines specified in Articles 18.1.13-18.1.19 of this Code are kept according to the rules established by relevant organ of the executive authority.

25.2. The logbook is stored on the vessel within two years from the date of entering into it of the last record. After the specified term the logbook is checked to the shipowner and (or) the owner of the vessel.

25.3. The logbook is provided for acquaintance and removal of copies from it to persons having the right to the relevant information.

Chapter III. Registration of courts and rights to them

Article 26. Registers of courts of the Azerbaijan Republic

26.1. The vessel is subject to registration in one of the following registers of courts of the Azerbaijan Republic:

26.1.1. in the State ship register;

26.1.2. in the ship book;

26.1.3. in the bare-boat - the charter register.

26.2. The property right and other corporeal rights to the vessel, and also restrictions of the rights to it (mortgage and other encumbrances) are subject to registration in the State ship register or the ship book.

26.3. Registration in the State ship register or the ship book of the property right and other corporeal rights to the vessel, and also restrictions of the rights to it is the single proof of existence of the registered right which can be challenged only judicially.

26.4. The register of courts, stipulated in Article 26.1 of this Code, is kept according to the rules established by this Chapter.

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