I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 23, 2015 No. 145

About approval of Rules of issue of the certificate on the minimum structure of boat team

According to subitem 54-1) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the certificate on the minimum structure of boat team.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction of its copies on official publication in periodic printed publicity materials and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. I reserve control of execution of this order.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Approved by the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of February 23, 2015 No. 145

Rules of issue of the certificate on the minimum structure of boat team

1. General provisions

1. These rules of issue of the certificate on the minimum structure of boat team (further - Rules) are developed according to subitem 54-1) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and determine procedure for issue of the certificate on the minimum structure of boat team.

2. In these rules the following basic concepts are used:

1) the vessel - self-propelled or non-self-propelled floating construction, including not displacement ship and boat plane used for the purpose of merchant shipping;

2) the shipowner - person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause;

3) the owner of the vessel - person registered as the owner of the vessel according to Rules of state registration of courts and the rights to them approved according to subitem 55-2) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping".

2. Procedure for issue of the certificate on the minimum structure of boat team

3. The owner of the vessel and (or) the shipowner for receipt of the Certificate on the minimum structure of boat team submits the application for issue of the certificate of the minimum structure of boat team (further - the statement) in any form to maritime administration of port.

The application is submitted addressed to the captain of seaport with indication of:

1) names, distinguishing signal, gross tonnage, number of International Maritime Organization (IMO) of the vessel;

2) serial number of the vessel according to the State ship register the bare-boat - charter to the register or the international ship register of the Republic of Kazakhstan;

3) area(s) of swimming;

4) name and address of the owner of the vessel;

5) shipowner (freighter) and his address.

4. Copies of the following documents are enclosed to the application:

1) the certificate on the right of navigation of the ocean ship under National flag of the Republic of Kazakhstan;

2) certificate on the property right to the vessel;

3) staff list of boat team.

5. Issue of the certificate on the minimum structure of boat team is performed by the captain of seaport within five working days from the moment of the receipt of the statement of the shipowner and (or) the owner of the vessel and documents specified in Items 3 and 4 of these rules.

6. The certificate on the minimum structure of boat team is granted in the form approved by the order of the Minister of investments and development of the Republic of Kazakhstan of September 15, 2014 No. 27 (registered in the Register of state registration of regulatory legal acts No. 9883).

7. To the courts registered in the State ship register and in the international ship register of the Republic of Kazakhstan, the certificate on the minimum structure of boat team is granted for a period of three years. To the courts registered in the bare-boat - the charter register, the certificate on the minimum structure of boat team is granted on effective period the swimming right under National flag of the Republic of Kazakhstan.

8. In issue of the certificate on the minimum structure of boat team to the courts registered in the Republic of Kazakhstan refuses in case of discrepancy of the submitted documents to requirements of Items 3 and 4 of these rules. The motivated refusal in issue of the certificate on the minimum structure of boat team is given to the applicant within five working days from the moment of receipt of the statement.

9. In case of loss or spoil by the shipowner and (or) owner of the vessel of the certificate on the minimum structure of boat team, maritime administration of port for the statement of the shipowner and (or) the owner of the vessel about issue of the duplicate of the certificate on the minimum structure of boat team constituted in any form issues it the duplicate of the specified certificate within three working days from the date of receipt of the statement.

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