Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 6, 2004 No. 574-II

About inland water transport

(as amended on 19-04-2019)

This Law governs the public relations arising between state bodies, physical persons and legal entities in the field of inland water transport during the implementing navigation, public conveyance, baggage and loads, operation of small size vessels including on the reservoirs which are not relating to inland waterways and seawaters and also determines their rights, obligations and responsibility.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the mooring - the hydraulic engineering construction having devices for safe approach of courts and intended for the safe parking of courts, their loading, unloading and servicing, and also embarking on vessels and their disembarkation from courts;

2) mooring - actions for approach and fixture of the vessel to the mooring, pier or other vessel;

2-1) socially important transportations - the public conveyances by inland water transport in the regular message satisfying the need of the population for transportations and determined by local actuators;

3) landing stage - the floating landing stage intended for mooring and servicing of passenger or cargo ships;

4) the dispache - calculation of the average general cost distributed between the parties participating in transportation;

5) dispacheurs - the persons having knowledge and experience in the field of inland water transport, constituting calculation for determination of the dispache;

6) shore - strip of sushi along coast of water objects twenty meters wide from bank line for installation of navigation marks and the equipment with observance of ecological requirements;

6-1) register of leased foreign vessels - the document in which the foreign vessels conforming to requirements, stipulated in Item the 11th Article 24 and Item 5 of article 26 of this Law are registered;

7) traveling works - dredging, vypravitelny, trawl, dnoochistitelny, prospecting and other works on the device and content of aids to navigation on inland waterways;

8) the passenger - the person consisting in contractual relations with carrier and specified in the ticket or other document confirming its right to journey, or the maintenance of the vehicle, animals and other load performing according to the transportation agreement of load with the consent of carrier;

8-1) passenger certificate - the ship's papers containing the information about the most admissible number of passengers on the vessel;

8-2) passenger ship - the vessel intended for transportation more than twelve passengers;

9) certificate of seaworthiness - one of the main documents of the Shipping register issued according to rules of the Shipping register;

10) the vessel - the vessel of internal water swimming which is not the small size vessel, the self-propelled or non-self-propelled floating construction used for the purpose of navigation including the swimming vessel "river sea", the ferry boat, the vessel of the technical fleet (dredging and dnoochistitelny shells, the floating crane and other technical constructions of this sort);

11) the ship course - the water surface on inland waterways arranged with the signs of navigation situation specifying its direction and borders within which free navigation of vessels of certain sizes is allowed;

12) navigation - the activities connected with control of the vessels performing in-land navigation;

13) the shipowner - person operating the vessel on its own behalf on right of possession and uses according to the legislation of the Republic of Kazakhstan;

13-1) mortgage of the vessel - mortgage the "river sea" arising based on the agreement registered in the corresponding register which is subject to state registration of the vessel of internal water swimming, the small size vessel, the swimming vessel;

14) the ship book - the document in which small size vessels and the rights to them are registered;

15) navigation - the activities connected with use of courts for carriage of goods, passengers and their baggage, mailings, towage, carrying out searches, exploration and production of minerals, fish and other crafts, construction, traveling, hydrotechnical, underwater and technical and other similar works, pilotage duty, salvage operations, implementation of actions for protection of water objects, protection them from pollution and contamination, raising of the sunk property, the state control and supervision, carrying out scientific research, except for activities with use of small size vessels;

16) nagivation lock - the hydraulic engineering construction for rise or lowering of courts from one water-level on another;

17) the Shipping register - the republican state state company of classification and ensuring technical safety of ships, decked small size vessels created according to the decision of the Government of the Republic of Kazakhstan;

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

19) the owner of the vessel - person registered as the owner of the vessel according to Rules of state registration of the vessel, including small size vessel, and the rights to it;

20) keel - the leading longitudinal particular of the vessel which goes along the bottom from nose to stern and divides it into two symmetric parts;

21) the way bill - the carriage document processed in transit loads in through water communication;

22) survey - survey of the vessel for the purpose of determination of its technical condition according to the requirements established by the technical regulations and rules of the Shipping register aimed at safety control of navigation of the vessel taking into account its purpose and confirmation of class;

23) inland waterways of the Republic of Kazakhstan (further - inland waterways) - the natural or artificially created means of communication, possible for use for the purpose of navigation;

24) inland water transport of the Republic of Kazakhstan (further - inland water transport) - the mode of transport registered in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan and performing navigation and other activities connected with navigation on inland waterways;

25) survey - check of object by authorized body regarding compliance to the requirements of regulatory legal acts of the Republic of Kazakhstan aimed at providing safe operation;

26) dangerous goods - load which owing to properties and features inherent in it in transit, production of handling works and storage can serve as cause of explosion, the fire or damage of technical means, devices, buildings, structures and constructions, and also death, injuring or disease of people, animal, to do harm to the environment;

27) the pilot - the specialist having certain knowledge and skills in the field of safe carrying out courts to the place of mooring, anchoring and shift of courts in port;

28) the State ship register - the document in which vessels and the rights to them conforming to requirements, stipulated in Item the 5th article 26 of this Law are registered;

29) the state transport control and supervision (further - transport control and supervision) - set of the events held by authorized body for the purpose of check of observance of requirements of regulatory legal acts of the Republic of Kazakhstan by physical persons and legal entities;

30) navigation - period of time during which navigation is possible;

31) the swimming vessel "river sea" - the vessel which on the technical characteristics is suitable and is in accordance with the established procedure allowed to operation for the purpose of navigation on sea and to inland waterways;

31-1) decked small size vessels - the small size vessel having the horizontal waterproof overlapping from nose to stern from flooring and set in the vessel case relying on boards, partitions and deck stanchions;

32) port - complex of the constructions located on the parcel of land and the water area of the inland waterways equipped and equipped for the purpose of servicing of passengers and courts, loading, unloading, acceptance, storage and issue of loads of interaction with other modes of transport;

33) the harbor area - the limited surface segment of water serving for approach and the parking of courts at moorings and the device of raids on which vessels and structures expect cargo processing or departure in run and also where necessary transactions are carried out;

34) raids - part of the harbor area outside the ship course intended for anchoring berth of courts, maneuvering or freight handling;

35) run - transport course of carriage of passengers or loads for certain time interval between geographical Items or areas;

35-1) project water-level - one of the low navigation levels having normal setting of long-term security depending on group of waterways on the basis of intensity of navigation based on which on the shipping rivers the guaranteed dimensions of the ship course are established;

36) rigging - set of ship tackles for load-lifting works, rise and descent of flags and signals;

37) carrier - the person owning on the property right or other legal causes by the vessel, providing services in public conveyance, baggage and loads and specified in carriage documents;

38) perishable load - the load having limited expiration date and requiring special condition of carriages and storage;

39) check - the action of the state bodies performing control and supervising functions, made for the purpose of determination of observance by subjects of entrepreneurship of requirements of the legislation of the Republic of Kazakhstan on inland water transport;

40) No. 36-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.07.2012

41) technical observation - the constituent of the classification activities aimed at providing technical safety of ships, decked small size vessels, including step-by-step checks of compliance with law of the Republic of Kazakhstan about merchant shipping and about inland water transport;

42) sediment Item - the parcel of land and the water area of surface water object equipped and equipped for the purpose of repair, sediment in summer and winter season, technical inspection of courts, rafts and other floating objects;

42-1) serial number - number of the vessel, including undersized which is appropriated to it when implementing state registration;

43) authorized body - the central actuator performing management in the field of inland water transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

44) the company of authorized body - the state company of inland water transport which main objective is implementation of productive activity for proper maintenance and development of inland waterways and shipping hydraulic engineering constructions (locks) for the purpose of ensuring safe navigation of vessels within the serviced borders;

45) the small size vessel - the vessel no more than twenty meters long with the admissible number of people onboard no more than twelve people, except the vessels constructed or equipped for fishery, carriage of goods, towage carrying out search, exploration and production of minerals, construction, traveling, hydrotechnical and other similar works, pilotage and icebreaker assistance, and also implementation of actions for protection of water objects against pollution and contamination.

Article 2. Legislation of the Republic of Kazakhstan on inland water transport

1. The legislation of the Republic of Kazakhstan on inland water transport is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Coverage of this Law

1. This Law extends on all physical persons and legal entity performing activities:

1) in courts;

2) on the hydraulic engineering constructions located on inland waterways;

3) in the ports located on inland waterways;

4) on the small size vessels operated on the inland waterways and reservoirs which are not relating to inland waterways and seawaters.

2. This Law does not extend to vessels, flying the flag Naval forces of the Republic of Kazakhstan and the Border service of Committee of homeland security of the Republic of Kazakhstan.

3. In cases of calling seaport, during salvage operation and in case of collision with the ocean ship of courts of internal water swimming, and also river-marine vessels the arising relations are regulated by the legislation of the Republic of Kazakhstan on merchant shipping.

Article 4. The basic principles of implementation of activities in the field of inland water transport

Activities in the field of inland water transport are performed on the basis of the following basic principles:

1) priority of safety of navigation, protection of life and human health, natural conservation and ecological safety;

2) equal rights of physical persons and legal entities in case of performance of works and rendering services on inland water transport;

3) ensuring freedom of choice of carrier with the consumer of services;

4) ensuring freedom of the prices of performance of works and rendering services according to the legislation of the Republic of Kazakhstan.

Article 5. Ensuring mobilization readiness and attraction of inland water transport to liquidation of emergency situations

1. Ensuring mobilization readiness of inland water transport, actions for civil defense, wreckings and liquidation of emergency situations of social nature is performed according to the procedure, established by legal acts of the Republic of Kazakhstan.

2. In case of emergency situations of social, natural and technogenic nature, and also introduction of emergency state state bodies within the competence have the right to attract the carriers to performance of works connected with liquidation of emergency situations, with the subsequent equivalent expense recovery according to the procedure, established by the legislation of the Republic of Kazakhstan.

Article 5-1. Obligation of provision of inland water transport to law enforcement and special state bodies

Physical persons and legal entities shall perform legal requirements of service employees of law enforcement and special state bodies on use of inland water transport (except representations of the foreign states and the international organizations having diplomatic immunity) for journey to places of incidents, emergency situations and delivery to medical institutions of the citizens needing the emergency medical care.

Expenses for use of transport in the cases provided by this Article, and also the caused damage at the expense of the government budget according to the procedure, established by the civil legislation of the Republic of Kazakhstan are refunded to the shipowner.

Chapter 2. State regulation, control and supervision in the field of inland water transport

Article 6. The main objectives of state regulation, control and supervision in the field of inland water transport

The main objectives of state regulation, control and supervision in the field of inland water transport are:

1) creation of conditions for ensuring requirements of economy of the republic and the population in transportations, performance of works and rendering services on inland water transport;

1-1) safety control of inland water transport and processes of its lifecycle for life and health of the person and the environment;

2) protection of the rights and legitimate interests of physical persons and legal entities, and also national interests of the state;

3) protection of the domestic market of transportations on inland water transport;

4) further development of infrastructure of inland water transport and inland waterways;

5) control of activities in the field of inland water transport and safety of navigation.

Article 7. State regulation, control and supervision in the field of inland water transport

1. State regulation, control and supervision in the field of inland water transport are performed by means of legal support, technical regulation, control of compliance with law of the Republic of Kazakhstan about inland water transport.

2. Public administration on inland water transport is exercised of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and authorized body.

3. The state control and supervision in the field of inland water transport are performed in the form of check and preventive checking and supervision with visit of subject (object) of control and supervision according to the Entrepreneurial code of the Republic of Kazakhstan.

Preventive checking and supervision without visit of subject (object) of control and supervision are performed according to the Entrepreneurial code of the Republic of Kazakhstan and this Law.

Article 8. Competence of the Government of the Republic of Kazakhstan

Are within the competence of the Government of the Republic of Kazakhstan:

1) development of main routes of state policy in the field of inland water transport;

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