LAW OF UKRAINE

of May 17, 2012 No. 4709-VI

About seaports of Ukraine

This Law determines legal, economic and organizational basis of activities in seaports of Ukraine.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) administration of seaports of Ukraine - the state company formed according to the legislation which provides functioning of seaports, content and use of objects of port infrastructure of the state pattern of ownership, accomplishment of other tasks assigned to it directly and through the branches which are formed in each seaport (administration of seaport);

2) the seaport water area (the port water area) - the part of water object (objects) determined by borders, except the ship course, intended for safe approach, maneuvering, the parking and withdrawal of courts;

3) the internal approach passage - the hydraulic engineering construction, the natural or artificial waterway located within the harbor area, intended for approach or withdrawal of courts to moorings and maneuvering within the seaport water area;

4) hydraulic engineering constructions of seaports (hydraulic engineering constructions) the technical constructions (the port water area, moorings, piers, other types of berthing facilities, piers, dams, breakwaters, other bank protection constructions, underwater constructions of artificial and natural origin, including canals, operational water areas of moorings, anchoring berths) located within the territory and the water area of seaport and intended for safety control of seaworthiness, maneuvering and the parking of courts;

5) navigation canal - the hydraulic engineering construction, the natural or artificial waterway for safe approach of courts to ports, for passage of the vessels or for connection of certain water basins;

6) seaport - the territory and the water area equipped for servicing of courts and passengers, carrying out cargo, transport and expeditionary works, and also other types of economic activity connected with it determined by borders;

7) maritime terminal - the single property complex located within seaport including technologically connected objects of port infrastructure, including moorings, hoisting-and-transport and other equipment which provide loading unloading and storage of loads, the safe parking and servicing of courts and passengers;

8) objects of port infrastructure - the mobile and motionless objects providing functioning of seaport including the water area, hydraulic engineering constructions, docks, tows, icebreaker ships and other vessels of the port fleet, aids to navigation and other objects of navigatsionnogidrografichesky providing sea lanes, traffic control systems of courts, information systems, the overload equipment, railway and automobile sidings, link circuits, means warm, gazo-, water - and electric utility services, other means, the equipment, engineering communications located within the territory and the water area of seaport and intended for safety control of seaworthiness, provision of services, ensuring the state supervision (control) in seaport;

9) objects of port infrastructure public - the water area, railway and automobile sidings (to the first branching outside port area), link circuits, means warm, gazo-, water - and the electric utility services, engineering communications, other objects providing activities of two and more subjects of managing in seaport;

10) the operational water area of the mooring (moorings) - the hydraulic engineering construction within the port water area intended for safe approach of courts to the mooring and departure from moorings, maneuvering of courts during implementation of mooring transactions, and also maneuvering of courts between moorings;

11) the port operator (the stevedoring company) - the subject of managing which performs operation of maritime terminal carries out handling works, servicing and storage of loads, servicing of courts and passengers, and also other types of economic activity connected with it;

12) the mooring - the hydraulic engineering construction having mooring and fender gears and intended for the parking and servicing of courts, servicing of passengers including for their landing to vessels and disembarkation from courts, carrying out handling works;

13) raid - the part of the water area of seaport used for the parking of courts on anchor including for repair of courts, landing (disembarkation) of passengers, carrying out pogruzochnorazgruzochny works, in its unprotected part (outer harbor) or in the part protected fully or partially by the protecting hydraulic engineering constructions or objects of natural origin (inner harbor);

14) strategic objects of port infrastructure - objects of the right of state-owned property - hydraulic engineering constructions, objects of port infrastructure public, aids to navigation and other objects of navigation and hydrographic providing sea lanes, traffic control systems of courts;

15) the ship course - the water space intended for traffic flow of courts between ports, designated on the area and on the card and determined by aids to navigation;

16) the territory of seaport - part of the overland territory of Ukraine with certain borders, including artificially created parcels of land;

17) artificially created parcel of land - the parcel of land created (washed, filled, created using other technologies) within the seaport water area;

18) anchoring berth - the hydraulic engineering construction located within the seaport water area, intended for the parking of courts on anchor.

Article 2. Law field of application

1. This Law governs the relations in the field of port activities, in particular establishes bases of state regulation of activities in seaports, procedure for construction, opening, expansion and closing of seaports in Ukraine, procedure in their territory of economic activity, including provision of services, determines legal regime of objects of port infrastructure.

2. This Law regulates activities of the executive bodies performing state regulation, management, the state supervision and control of safety of seaworthiness, supervision and control in the field of activities of seaports, the national commission which performs state regulation in the field of transport, administration of seaports of Ukraine, owners of the maritime terminals, the stevedoring companies, other subjects of managing performing the activities in seaport and consumers of their services (goods, works).

3. This Law does not extend to river ports, sea fishing ports, stationing sites of Naval forces of Ukraine, sea protection of the central executive body providing realization of state policy in the field of protection of frontier and also to stationing sites of the naval ships of foreign states which according to international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine temporarily are in the territory of Ukraine.

4. Are applied to inland navigation vessels (river crafts and courts of the mixed swimming) of the rule of this Law taking into account the Law of Ukraine "About inland water transport".

Article 3. Legislation on seaports

1. The legislation on seaports is based on the Constitution of Ukraine and consists of this Law of the Code of trade seaworthiness of Ukraine, the Civil code of Ukraine, the Economic code of Ukraine, the Budget code of Ukraine, the Tax code of Ukraine, the Land code of Ukraine, the Water code of Ukraine, the laws of Ukraine "About transport", "About natural monopolies" and other normative legal acts adopted according to them.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than provided in this Law rules of the international treaty of Ukraine are applied.

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