ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of December 9, 2010 No. 277

About approval of Rules of registration of courts and the rights to them in seaports

According to Item 2 of Article 5 and item 4 of Article 33 of the Merchant Marine Code of the Russian Federation (Russian Federation Code, 1999, N 18, Art. 2207; 2001, N 22, Art. 2125; 2003, N 27 (h 1), Art. 2700; 2004, N 15, Art. 1519, N 45, Art. 4377; 2005, N 52 (h 1), Art. 5581; 2006, N 50, Art. 5279; 2007, N 46, Art. 5557, N 50, Art. 6246; 2008, N 29 (h 1), Art. 3418, N 30 (h 2), Art. 3616, N 49, Art. 5748; 2009, N 1, 30, N 29, of the Art. 3625) I order to the Art.:

1. Approve the enclosed Rules of registration of courts and the rights to them in seaports.

2. Declare invalid the order of the Ministry of Transport of the Russian Federation of July 21, 2006 N 87 "About approval of Rules of registration of courts and the rights to them in sea commercial harbors" (it is registered by the Ministry of Justice of the Russian Federation on July 26, 2006, registration N 8108) with the changes made by the order of the Ministry of Transport of the Russian Federation of October 30, 2007 N 153 (it is registered by the Ministry of Justice of the Russian Federation on November 23, 2007 registration N 10534).

 

Approved by the order of Ministry of Transport of the Russian Federation of December 9, 2010 No. 277

Rules of registration of courts and the rights to them in seaports

I. General provisions

1. These rules establish order of registration of courts and the rights to them in seaports.

2. Registration of courts and the rights to them is made on the system of records about the vessel and the rights to it installed by these rules in the State ship register, the bare-boat - the charter register, the Russian international register of courts and the register of courts under construction.

Registration of courts and the rights to them in the State ship register, the bare-boat - the charter register or the register of courts under construction is performed in one of seaports of the Russian Federation at the choice of the owner of the vessel or the freighter of the foreign vessel affreighted on bare-boat charter.

Registration of courts and the rights to them in the Russian international register of courts is performed in one of seaports of the Russian Federation which list is approved by the order of the Government of the Russian Federation of April 25, 2006 N 583-p * (1), at the choice of the owner or the freighter of the foreign vessel affreighted on bare-boat charter.

Registration of courts of the fishery fleet and the rights to them is performed in one of seaports of the Russian Federation located in the same subject of the Russian Federation in which the legal entity or physical person - the owner of the vessel or the freighter of the foreign vessel affreighted on bare-boat charter is registered.

Registration of the property rights to the vessel under construction is performed in the seaport, nearest to the ship-building organization.

The mortgage of the vessel is registered in the same register in which the vessel is registered. The mortgage of the vessel under construction is registered in the register of courts under construction in which the property right to the vessel under construction is registered.

3. The vessel registered in the register of courts of foreign state can be registered in the State ship register or in the Russian international register of courts after exception of the register of courts of foreign state and submission of the certificate certifying that the vessel is excluded from such register. * (2)

The vessel registered in the register of courts of foreign state can be registered in the State ship register or in the Russian international register of courts to exception of the register of courts of foreign state in case of submission of the document issued by this state certifying that the vessel will be without delay excluded from the register of courts of foreign state while new registration is made.

4. Registration date of courts and the rights to them is day of entering of the corresponding records into the State ship register, the bare-boat - the charter register, the Russian international register of courts or the register of courts under construction.

The mortgage of the vessel or vessel under construction is registered on the date of receipt of the statement for registration.

5. Vessels, the property right and other corporeal rights to vessels, and also restrictions (encumbrance) of the rights to them are subject to registration.

6. Registers of courts are open for any persons interested in receipt of information containing in them. Interested persons have the right properly to the drawn-up statement from registers of courts for a fee on the rate determined according to the procedure, established by the Government of the Russian Federation. * (3)

Statements from registers of courts shall contain data on the vessel, the registered rights to it, and also on restrictions (encumbrances) of the rights and to be represented to the applicant within five working days.

7. At the request of the owner information on persons who received data on the vessel on which it has the rights is provided to it.

8. Registration of courts and the rights to them, and also issue of the relevant documents is performed by the captain of seaport.

II. Basic provisions about order of registration of courts and the rights to them. Registration of courts and the rights to them in the State ship register

9. In the State ship register passenger, passenger, oil, tug boats, vessels of the fishery fleet, and also other self propelled vessels with propulsion units capacity at least than 55 kilowatts and dumb boats with a capacity at least than 80 tons except for used in non-commercial purposes of sports and pleasure crafts are subject to registration.

10. The Sections of the State ship register, the Russian international register of courts containing records about the rights to the vessel, origin, transition and the termination of such rights on restrictions (encumbrances), are identified in the specified registers by sequence serial number of the vessel which is assigned to it when implementing registration and remains for its registration in specific seaport while the vessel exists as single object of the registered right.

11. Integral part of the State ship register are the cases including documents on vessels (ship cases).

Ship case opens on each vessel and is identified by sequence serial number of the vessel. In ship case all documents arriving for registration of the rights to this vessel are located. Ship case contains data:

about the documents on the vessel, owners, the registered right and applicants accepted on registration;

about the granted registration certificates;

about the issued references and statements from the State ship register;

about other documents.

12. The state ship register which is kept the captain of the relevant seaport is part of the unified State ship register.

13. The state ship register consists of the separate Sections containing records about each vessel.

14. The Section I contains the following data on the vessel:

the name of the vessel (this and former), port (place) of the previous registration of the vessel and date of its cancellation (if those are available);

the name of port (place) of registration of the vessel and the identification number of the vessel assigned by International Maritime Organization;

distinguishing signal of the vessel;

name of ship-building shipyard, place and year of construction of the vessel;

type and purpose of the vessel, area of its swimming;

basic technical characteristics of the vessel: capacity (gross and net), deadweight, deadweight and principal dimensions of the vessel.

15. The Section II contains the following data on the vessel:

name, nationality and address of the owner (owners);

share of each of joint owners in common ownership if there are several owners;

bases of emergence of the property right to the vessel or part of the vessel (purchase and sale agreement, contract for construction of the vessel and others);

name and the address of the shipowner if he is not owner of the vessel;

name and the trustee's address by transfer of the vessel to management to it.

16. The Section III contains the following data on the vessel:

data on the corporeal rights which are not subject to registration in the Section II;

the property rights granted about restrictions (encumbrances) and other rights to the vessel;

date of introduction of record, surname, name and middle name of the service employee who made record, and its signature.

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