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Ministry of Justice of Ukraine

April 18, 2013

No. 632/23164

ORDER OF THE MINISTRY OF INFRASTRUCTURE OF UKRAINE

of March 27, 2013 No. 190

About approval of the Regulations on the captain of seaport and service of the captain of seaport

(as amended on 18-04-2019)

According to Article 75 of the Merchant Marine Code of Ukraine, part three of article 14 of the Law of Ukraine "About seaports of Ukraine", subitem 4.9.70 of subitem 4.9 of item 4 of the Regulations on the Ministry of infrastructure of Ukraine approved by the Presidential decree of Ukraine of May 12, 2011 No. 581, and for the purpose of reduction of regulatory legal acts in compliance with the legislation of Ukraine by PRIKAZYVAYU:

1. Approve Regulations on the captain of seaport and service of the captain of seaport which are applied.

2. To provide to the state inspectorate of Ukraine for safety on sea and river transport:

2.1. Submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

2.2. Promulgation of this order on the official site of the Ministry of infrastructure of Ukraine.

3. Recognize invalid orders of the Ministry of transport of Ukraine:

of October 18, 2000 No. 573 "About approval of the Regulations on the captain of sea commercial harbor of Ukraine", registered in the Ministry of Justice of Ukraine on November 2, 2000 for No. 774/4995 (with changes);

of October 18, 2000 No. 574 "About approval of the Regulations on Inspection of the state port supervision of sea commercial harbor of Ukraine", registered in the Ministry of Justice of Ukraine on November 2, 2000 for No. 775/4996 (with changes).

4. This order becomes effective from the date of the introduction in operation of the Law of Ukraine "About seaports of Ukraine", but not earlier than day of its official publication.

5. To impose control over the implementation of this order on the deputy minister Demidovich D. V.

Minister

V. Kozak

Approved by the Order of the Ministry of infrastructure of Ukraine of March 27, 2013 No. 190

Regulations on the captain of seaport and service of the captain of seaport

I. General provisions

1. This Provision determines procedure for the organization of activities of the captain of seaport and service of the captain of seaport in the field of the state supervision (control) of safety of navigation (except the sphere of safety of navigation of vessels of the fleet of fish industry).

The captain of seaport directs service of the captain of seaport (further - Service) which is part of Public service of sea and river transport of Ukraine (Maritime administration).

2. The captain of seaport is appointed to position and dismissed according to the Law of Ukraine "About public service". The captain of seaport submits to the Chairman of Maritime administration.

The captain of seaport when implementing the powers is guided by the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, orders of the Ministry of Infrastructure, other regulatory legal acts, orders of Maritime administration and this Provision.

The service is independent structural division of Maritime administration which provides the state supervision (control) of safety of navigation, including in the maritime terminals located within the territories and water areas separated the main territory and the water area of the relevant seaport according to Article 75 of the Merchant Marine Code of Ukraine.

In the part concerning navigation safety control, the captain of seaport and Service interact with the relevant administration of seaport according to the Merchant Marine Code of Ukraine, the Law of Ukraine "About seaports of Ukraine" and this Provision.

The captain of seaport and employees of Service are government employees.

3. Supervision zone border to which powers of the captain of seaport concerning implementation by it of the state supervision of safety of navigation extend are determined by Maritime administration according to Article 75 of the Merchant Marine Code of Ukraine.

4. Full age citizens of Ukraine who are fluent in state language are appointed to position of the captain of seaport, received degree of the higher education not below the master-1 in the direction of preparation "Navigation", at least 24 months have the diploma about assignment of rank of the deep-sea master, general years of service of swimming in position of the ship master more than 500 register tons, have knowledge of the special legislation of safety issues of navigation and pollution prevention of the environment, and also know English (sea specifics) not lower than the Upper-Intermediate level (In 2).

__________

1 If person applying for occupation of vacant position graduated on educational qualification level of the specialist (complete higher education) according to the subitem 2 of Item 2 of the Section XV "Final and transitional provisions" of the Law of Ukraine "About the higher education", such education is equated to the higher education of degree of the master.

5. In case of temporary absence of the captain of seaport (business trip, disease, leave and other reasonable excuses) its duties are fulfilled by person, it replacing according to the procedure, determined by the legislation.

6. The captain of seaport has seal (electronic seal) in the Ukrainian and English languages.

The captain of seaport within the competence publishes orders.

7. During execution of service duties the captain of seaport and employees of Service shall wear uniform and signs of distinction.

8. The captain of seaport is part of Council of port and can enter into other collegiate and advisory bodies on navigation safety issues.

II. Functions and powers of the captain of seaport

1. Treat functions of the captain of seaport:

1) the state supervision for:

compliance with law and rules of navigation, and also international treaties of Ukraine concerning navigation which consent to be bound is provided by the Verkhovna Rada of Ukraine;

observance of requirements concerning procedure for calling of courts seaport and exit from seaport;

observance of requirements for environment pollution prevention sea transport;

the companies providing pilot services and service of traffic regulation of courts within the seaport water area;

ice breaker assistance of courts on approaches to seaport and within its water area;

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