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LAW OF THE AZERBAIJAN REPUBLIC

On April 18, 2014 No. 945-IVQ

About seaports

(as amended on 09-07-2021)

This Law according to Item 23 of part I of the Constitution of the Azerbaijan Republic governs the relations arising in seaports of the Azerbaijan Republic as a result of mercantile shipping, establishes rules of construction, opening, closing, implementation of activities in seaports, and also bases of state regulation of activities in seaports.

Chapter 1. General provisions

Article 1. Legislation of the Azerbaijan Republic on seaports

1.1. The legislation of the Azerbaijan Republic on seaports consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, the Merchant Marine Code of the Azerbaijan Republic, this Law and other regulatory legal acts.

1.2. In case of detection of rules, excellent from provided in international treaties which participant is the Azerbaijan Republic, and in this Law, rules of international treaties are applied.

1.3. Creation and functioning in the territory of seaport of special economic zones is regulated by the Law of the Azerbaijan Republic "About special economic zones".

Article 2. Customs of seaport

2.1. Customs of seaport represent the rules of conduct which developed and widely applied when rendering services in seaport and not stipulated by the legislation the Azerbaijan Republic.

2.2. Customs of seaport shall not contradict the Constitution of the Azerbaijan Republic, the principles and rules of international law, international treaties of the Azerbaijan Republic, the Merchant Marine Code of the Azerbaijan Republic, this Law, other Laws of the Azerbaijan Republic and other regulatory legal acts of the Azerbaijan Republic. Customs of seaport shall be posted on the official website of relevant organ of the executive authority and port.

Article 3. The basic concepts used in this Law

3.1. For the purposes of this Law the following basic concepts are used:

3.1.1. seaport (further - port) - complex of the constructions located in the specially allotted territory and the water area, and intended for servicing of the courts used for the purpose of merchant shipping, servicing of passengers, implementation of transactions with loads and other services which are usually rendered in sea commercial harbor;

3.1.2. Port Authority - the legal entity created for the purpose of the organization and management of activities of seaport which charter affirms the relevant organ (structure) established by executive body;

3.1.3. infrastructure facilities of seaport - port hydraulic engineering constructions, inner harbors, anchoring berths, docks, tows, vessels conductors and supply ships, icebreaker ships and other vessels of the port fleet, aids to navigation and other objects of navigation and hydrographic providing sea lanes, traffic control systems of courts, the automated information systems, the overload equipment, railway and automobile sidings, link circuits, devices warm, gazo-, water - and electric utility services, other devices, the equipment, engineering communications, warehouses, other buildings, structures, constructions intended for safety control of navigation, rendering services in seaport, providing in seaport of the state control;

3.1.4. port hydraulic engineering constructions - the technical constructions (bank protection constructions, breakwaters, dams, stone and earth dikes, piers, bridges, platforms, platforms, moorings, and also the approach channels, underwater constructions) interacting with the water circle and intended for safety control of navigation and the parking of courts;

3.1.5. the mooring - the port hydraulic engineering construction intended for the parking and servicing of courts, servicing of passengers, including their landing to vessels and their disembarkation from courts, implementation of transactions with loads;

3.1.6. owners of infrastructure facilities of seaport - the legal entities or physical persons performing operation of infrastructure facilities of seaport irrespective of are they owners of these objects or use them on other legal cause;

3.1.7. maritime terminal - set of infrastructure facilities of seaport, technologically connected among themselves and the transactions intended and used for implementation with loads, including for their transfer, servicing of courts, other vehicles and (or) servicing of passengers;

3.1.8. the operator of maritime terminal - physical person or legal entity, performing operation of maritime terminal, transaction with loads, including their transfer, servicing of courts, other vehicles and (or) servicing of passengers;

3.1.9. inner harbor - the water space which is specially allocated for water areas of seaport and intended for servicing of courts and implementation of transactions with loads;

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