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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 11, 2013 No. 495

About approval of the Procedure for opening and closing of seaports

(as amended on 05-08-2022)

According to article 5 of the Law of Ukraine "About seaports of Ukraine" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for opening and closing of seaports which is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 11, 2013, No. 495

Procedure for opening and closing of seaports

1. This Procedure determines the mechanism of opening and closing of seaport.

2. The decision on opening of seaport is made by the Ministry of Infrastructure on the representation of the state company "Administration of Seaports of Ukraine" approved by Administration of navigation after:

acceptances by the Cabinet of Ministers of Ukraine decisions on delimitation of the water area of seaport and its provision in use to the state company "Administration of Seaports of Ukraine", and also delimitations of the territory of seaport;

formations of administration of seaport which opens which will provide its functioning;

the corresponding equipment of the territory and the water area of seaport and implementation of the actions determined by the legislation and necessary for safe cargo service, passengers and vehicles, and also carrying out other works connected with it.

3. The decision on opening of seaport is made based on documents of title on real estate and the parcels of land.

4. The message on the decision on opening of seaport made by the Ministry of Infrastructure within two weeks is published in the official printed publicity material "Messages to seafarers of Ukraine" and posted on the official site of the Ministry. In such message it is specified:

decision date about opening of seaport;

bases for opening of seaport;

date of opening of seaport.

5. The decision on closing of seaport is made by the Ministry of Infrastructure on the representation of the state company "Administration of Seaports of Ukraine" approved by Administration of navigation.

6. The bases for closing of seaport are:

impossibility of implementation in seaport of servicing of courts and passengers;

impossibility of carrying out in seaport of cargo, transport, expeditionary works and other types of economic activity connected with it;

impossibility of ensuring proper level of safety of navigation, observance of requirements of international treaties of Ukraine;

impossibility of ensuring protection of the surrounding environment;

lack of demand for services which are provided in seaport.

7. During preparation of the decision on closing of seaport Ministry of Infrastructure considers total quantity of the processed loads, passengers, vehicles, financial performance, ecological and technical condition of seaport, other data.

8. The message on the decision on closing of seaport made by the Ministry of Infrastructure within two weeks is published in the official printed publicity material "Messages to seafarers of Ukraine" and posted on the official site of the Ministry. In such message it is specified:

decision date about closing of seaport;

bases for closing of seaport;

closing date of seaport.

9. Preparation of reasons for opening or closing of seaport is provided by the state company "Administration of Seaports of Ukraine".

 

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