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CODE OF THE INLAND WATER TRANSPORT OF THE REPUBLIC OF BELARUS

of June 24, 2002 No. 118-Z

(as amended on 17-07-2018)

It is accepted by the House of Representatives on May 29, 2002

Approved by Council of the Republic on June 6, 2002

This Code establishes legal, economic and organizational basis of navigation on inland waterways of the Republic of Belarus.

Chapter 1. General provisions

Article 1. The main terms and their determinations applied in this Code

For the purposes of of this Code the following main terms and their determinations are applied:

the harbor area – the isolated site of inland waterway used for ensuring activities of port;

baggage – the property which is handed over to carrier by the passenger which the carrier shall deliver in destination and based on the luggage receipt to issue;

base (construction) for the parking of small size vessels – the complex of objects (object) in the overland territory and the water area intended for the parking (storage) and (or) servicing of 10 and more small size vessels, except for ports and shipping hydraulic engineering constructions;

inland waterways – the natural or artificially created sites of reservoirs and water currents designated by navigation marks or different way and used for the purpose of navigation;

inland water transport – mode of transport on which public conveyances, loads and baggage are carried out on inland waterways with use of inland navigation vessels, courts of the swimming mixed (river sea), and also used for the purpose of navigation with participation of small size vessels;

inland water transport public – the inland water transport which is carrying out public conveyances, loads and baggage based on the public agreement that is according to the address of any person and on the regulated or declared tariffs;

the freight owner – the consignor and (or) the consignee;

the consignor – legal entity or physical person, including the individual entrepreneur which on its own behalf or based on the transportation agreement inland water transport entrust to carrier load for its delivery in destination and issues to the consignee;

the consignee – legal entity or physical person, including the individual entrepreneur authorized on receipt of load based on the transportation agreement by inland water transport or on other legal causes;

loads – the material values accepted by carrier for transportations by inland water transport in destination;

the bill of lading – the tovarorasporyaditelny document (security) certifying the conclusion of the transportation agreement of load or the agreement of towage by inland water transport and serving as the proof of acceptance by carrier of the load specified in this document;

pilotage duty – the activities providing safe passing of courts across particularly complex sites of inland waterways;

small size vessels – vessels no more than 20 meters long with the admissible number of people onboard no more than 12 people, including court with outboard engines and the hydrocycles except for constructed or equipped for trade fishery, rendering services in carriage of goods and (or) passengers, towage, carrying out search, exploration and production of minerals, construction traveling, hydrotechnical and other similar works, pilotage and icebreaker assistance, implementation of actions for protection of surface water objects from the pollution and contaminations and also belonging to the organizations of inland water transport of the Republic of Belarus, the public, military and auxiliary, boundary and other vessels which are in state-owned property and operated only in non-commercial purposes;

the aid to navigation – system of the special alarm means intended for ensuring safe navigation;

navigation – period of time during which inland waterways are open for navigation;

the passenger – the physical person having the travel document (ticket) certifying the conclusion of the transportation agreement of the passenger inland water transport, or transported by the inland navigation vessel on other legal causes;

carrier – legal entity or physical person, including the individual entrepreneur who is carrying out based on the transportation agreement or on other legal causes delivery of passengers, loads, baggage, and also floating objects in destination;

floating object – the floating artificial feature which is not the vessel and not used for the purpose of navigation;

port – the specially allotted site of the overland territory and the water area of inland waterways intended for servicing of passengers and courts, acceptance, loading, unloading, storage and issue of loads and baggage, and also accomplishment of other works and services which are usually rendered in port;

port public – the port performing acceptance, loading, unloading, storage and issue of loads and baggage based on the public agreement that is for the address of any person and for the regulated or declared tariffs;

traveling works – dredging, vypravitelny, trawl, dnoochistitelny, prospecting works, and also content of the aid to navigation on inland waterways;

cabin baggage – things and the passenger's objects meeting for the properties, outline dimensions and weight the requirements of the legislation of the Republic of Belarus and transported free of charge under the personal liability of the passenger;

the vessel – the self-propelled or non-self-propelled floating artificial feature used for the purpose of navigation;

the inland navigation vessel – the vessel which on the technical characteristics is suitable and allowed to operation on inland waterways, except for the small size vessel;

the vessel of the swimming mixed (river sea) – the vessel which on the technical characteristics is suitable and allowed to operation on sea and to inland waterways, except for the small size vessel;

shipowner – legal entity or physical person, including the individual entrepreneur operating the vessel on its own behalf irrespective of they are owners of the vessel or use it on other legal cause;

the boatmaster of the small size vessel (further – the boatmaster) – the physical person managing the small size vessel, except for person trained in control of the motor small size vessel which engine power exceeds kilowatt 3,7 (5 horsepowers) (further – the motor small size vessel) or the control of the motor small size vessel taking practice examination for the right. The person training to control of the motor small size vessel or holding practice examination for the right of control of the motor small size vessel and at the same time being on it is equated to the boatmaster;

the ship ticket – the document confirming the property right (economic maintaining, operational management) to the small size vessel and the right of navigation of this vessel under National flag of the Republic of Belarus;

the ship course – the space on inland waterway intended for movement of courts and designated on the area and (or) on the card;

shipping hydraulic engineering constructions – the constructions on inland waterways intended for ensuring navigation;

navigation – the activities connected with use on inland waterways of courts for public conveyance, loads, baggage, mailings, towage of courts and other floating objects, carrying out searches, exploration and production of minerals, construction, traveling, hydrotechnical, underwater and technical and other similar works, pilotage duty, salvage operations, implementation of actions for protection of surface water objects from pollution and contamination and also for raising of the sunk property, sanitary and other control, carrying out scientific research, educational, sports, cultural and other purposes;

transport emergency case – the emergency case connected with movement of courts (vessel).

Article 2. Coverage of this Code

This Code governs the relations arising when implementing navigation on inland waterways of the Republic of Belarus, determines basic rights, obligations and responsibility of subjects of the relations in the field of inland water transport.

The rules established by this Code extend on:

inland waterways of the Republic of Belarus and constructions located on them;

ports, piers, moorings, bases (construction) for parking of small size vessels located on inland waterways of the Republic of Belarus;

inland navigation vessels, vessels of the swimming mixed (river sea), the small size vessels and other floating objects operated on inland waterways of the Republic of Belarus.

Action of this Code, except as specified, specially provided in it, does not extend to the public, military and auxiliary, boundary and other vessels which are in state-owned property and operated or used only in non-commercial purposes.

Article 3. The legislation of the Republic of Belarus in the field of inland water transport

The legislation of the Republic of Belarus in the field of inland water transport is based on the Constitution of the Republic of Belarus, the Civil code of the Republic of Belarus and consists of of this Code and other acts of the legislation of the Republic of Belarus governing the relations in this area.

Article 4. International agreements of the Republic of Belarus

If the become effective international treaty of the Republic of Belarus establishes other rules, than those which contain in this Code then are applied rules of the international treaty of the Republic of Belarus.

Article 5. Subjects of the relations in the field of inland water transport

Subjects of the relations in the field of inland water transport are the Republic of Belarus on behalf of authorized state bodies, administrative and territorial units of the Republic of Belarus, other states, legal entities, including foreign and the international legal entities, the organizations who are not legal entities, physical persons, including the individual entrepreneurs performing activities in this area.

Chapter 2. State regulation of activities in the field of inland water transport

Article 6. Bases of state regulation of activities in the field of inland water transport

State regulation of activities in the field of inland water transport is performed for the purpose of requirements satisfaction of economy and the population in transportations on inland waterways, safety of navigation and creation of the conditions necessary for market development of transport works and services.

State regulation in the field of inland water transport includes:

determination and realization of state policy in the field of inland water transport;

acceptance (edition) of the regulatory legal acts regulating activities in the field of inland water transport;

the conclusion of international treaties in the field of inland water transport;

development and program implementation of development and use of inland water transport;

carrying out tariff policy in the field of inland water transport;

confirmation of conformity of transport works and services in the field of inland water transport to requirements of technical regulatory legal acts in the field of technical regulation and standardization;

establishment of safety requirements of activities in the field of inland water transport and environmental protection.

Article 7. Bodies of state regulation in the field of inland water transport

State regulation in the field of inland water transport is performed by the President of the Republic of Belarus, the Government of the Republic of Belarus, republican state body in the field of inland water transport, the republican state body performing regulation in the field of safety of navigation of small size vessels on inland waterways of the Republic of Belarus and other state bodies according to the legislation of the Republic of Belarus.

Article 7-1. Powers of the President of the Republic of Belarus in the field of inland water transport

The president of the Republic of Belarus in the field of inland water transport determines single state policy, performs other powers according to the Constitution of the Republic of Belarus, this Code and other legal acts of the Republic of Belarus.

Article 8. Powers of the Government of the Republic of Belarus in the field of inland water transport

The government of the Republic of Belarus in the field of inland water transport:

approves development programs and uses of inland water transport;

determines if other is not established by the President of the Republic of Belarus, competence of the bodies performing state registration of courts, control of safety of navigation, technical advice behind courts, their classification;

establishes procedure for state registration and classification, engineering certification of small size vessels, except for rowboats, kayaks and inflatable crafts with a loading capacity less than 225 kilograms if other is not established by the President of the Republic of Belarus;

establishes procedure for training and examination by citizens of rules of control of motor small size vessels;

approves Instructions for use by small size vessels and bases (constructions) for their parking;

approves the Rule of state registration of inland navigation vessels, courts mixed (the river – the sea) swimmings;

approves the list of the ports closed for calling and servicing of foreign vessels;

establishes procedure for the organization and accomplishment of transportations of military loads by inland water transport;

performs intergovernmental cooperation in the field of inland water transport;

resolves other issues in the field of inland water transport according to legal acts of the Republic of Belarus.

Article 9. Powers of republican state body in the field of inland water transport

Republican state body in the field of inland water transport:

will organize development and program implementation of development and use of inland water transport, except for small size vessels;

pursues economic, scientific and technical and social policy in the field of inland water transport, except for small size vessels;

approves Rules of public conveyances and baggage by inland water transport (further - Rules of public conveyances and baggage), Rules of carriages of goods by inland water transport (further - Rules of carriages of goods), Rules of towage of courts, rafts and floating objects (further - Rules of towage);

approves Rules of pollution prevention of inland waterways by waste and oily waters from courts;

approves Operational regulations of shipping hydraulic engineering constructions;

establishes procedure for the publication of lists of the organizations relating to inland water transport public;

establishes procedure for collection of port payments;

approves Rules of in-land navigation of the Republic of Belarus, establishes procedure for the organization of pilotage duty;

establishes the list and borders of the inland waterways of the Republic of Belarus open for navigation, in coordination with local executive and administrative organs;

approves the Charter of service in courts of inland water transport, Regulations on certification and certification of crew personnel of the courts operated on inland waterways, except for small size vessels, Regulations on the minimum structure of crews of self delivery vessels, except for small size vessels;

establishes category of aids to navigation and terms of its action;

establishes the guaranteed dimensions of the ship courses, and also terms of work of locks;

performs other powers according to the legislation of the Republic of Belarus.

Article 9-1. Powers of the republican state body performing regulation in the field of safety of navigation of small size vessels on inland waterways of the Republic of Belarus

The republican state body performing regulation in the field of safety of navigation of small size vessels on inland waterways of the Republic of Belarus:

provides control of safety of navigation of small size vessels on inland waterways of the Republic of Belarus, and also behind operation of these courts and bases (constructions) for their parking on inland waterways of the Republic of Belarus;

establishes requirements to operational condition of small size vessels and bases (constructions) for their parking on inland waterways of the Republic of Belarus;

determines classification of transport emergency cases with participation of small size vessels, procedure for their investigation;

performs other powers according to the legislation of the Republic of Belarus.

Article 10. Confirmation of conformity of transport works and services in the field of inland water transport to requirements of technical regulatory legal acts in the field of technical regulation and standardization

Confirmation of conformity of transport works and services in the field of inland water transport to requirements of technical regulatory legal acts in the field of technical regulation and standardization is performed according to the legislation of the Republic of Belarus.

Article 11. Rates on inland water transport

Rates for transportation on inland waterways of passengers, loads, baggage, towage of courts, rafts and other floating objects, and also rates for other works and services of inland water transport are established according to the procedure, determined by the legislation of the Republic of Belarus.

Chapter 3. Inland waterways

Article 12. Property on inland waterways

Inland waterways constitute exclusive property of the state. The rivers, lakes, water storage basins, channels and other surface water objects are inland waterways public, except as specified, when their use for the purpose of navigation fully or partially is forbidden or they are presented in the isolated water use.

In property of legal entities or physical persons, including individual entrepreneurs, there can be artificial features on inland waterways which are not referred by the laws of the Republic of Belarus to the objects which are only in property of the state.

The artificial features on inland waterways which are in property of the state, except for constructions for water leveling adjustment, and also constructions used for transition of courts from one water basin in another with different water-levels in them, for obligation fulfillment, provided by the agreement on public-private partnership, can be transferred to the private partner to ownership, use, including to free use. At the same time the term "private partner" is used in the value determined by Item 1 of article 1 of the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership" (The national legal Internet portal of the Republic of Belarus, 01.01. 2016, 2/2340).

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