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MARITIME CODE OF UKRAINE

of May 23, 1995 No. 176/95-BP

(as amended on 14-01-2020)

Section I. General provisions

Chapter 1. General rules

Article 1. Tasks of the Maritime Code of Ukraine

The Maritime Code of Ukraine governs the relations which arise in trade navigation.

Merchant shipping in this Code is understood as the activities connected with use of courts for transportation of goods, passengers, baggage and mail, fish and other sea crafts, exploration and production of minerals, accomplishment of towing, icebreaking and rescue operations, laying of cable and also for other economic, scientific and cultural purposes.

Article 2. Right to merchant shipping

According to article 1 of this Code subjects of housekeeping in the presence at them the corresponding license can perform activities which enter the concept "merchant shipping" if its obtaining is provided by the law.

Article 3. State regulation of merchant shipping

The state performs regulation of trade navigation through the central executive body providing forming and realizing state policy in spheres of sea and river transport, other central executive bodies and the national commission performing state regulation in the sphere of transport.

According to this Code, other acts of the legislation and international treaties of Ukraine the central executive body providing forming of state policy in the sphere of transport within the powers with the assistance of the interested central executive bodies develops and approves regulating documents concerning merchant shipping, the instruction, the rule of transportation of goods, passengers, mail and baggage, the rule of transportations in the through mixed and through water communication which are obligatory for all legal entities and physical persons.

Service regulations of fishing boats affirm the central executive body providing forming of state policy in the sphere of safety of navigation of vessels of the fleet of fishery.

Article 4. Use of the general principles of the legislation of Ukraine

Rules of civil, administrative, economic and other legislation of Ukraine are respectively applied to the civil, administrative, economic and other legal relationship arising from merchant shipping and which are not regulated by this Code.

Article 5. Application of the right in connection with causing damage by the vessel

In case of causing by the vessel the damage which is not provided by Articles 296 and 314 of this Code, compensation of the caused losses is regulated by the legislation of the state where the action or other circumstance which formed the basis for the requirement about compensation of damage took place and if the damage is caused in the high sea, the legislation of the state under which banner the vessel floats.

Article 6. Application of the foreign legislation

Inclusion in the agreements provided by this Code of conditions about application of the foreign legislation and customs of merchant shipping is allowed in case the parties can depart according to this Code from its rules.

Article 7. The international agreements of Ukraine concerning merchant shipping

The international agreements of Ukraine concerning merchant shipping are applied in Ukraine according to the procedure, provided by the Law of Ukraine "About international treaties of Ukraine".

Article 8. Choice of court or arbitration

The receivership proceeding arising in connection with the agreement or other civil relations connected with merchant shipping and carried to competence of Maritime arbitration commission under Trade and trade chamber of Ukraine (Maritime arbitration commission) are considered by this commission in the presence of the consent of the parties.

The receivership proceeding connected with merchant shipping in which the foreign legal entity or physical person participates can in the consent of the parties be submitted foreign court or arbitration.

Article 9. Unit of account

Unit of "special drawing right" determined by the International Monetary Fund is the unit of account specified in Articles 181, of 194, of 309, of 318, 352 of this Code. The amounts specified in Articles 181, of 194, of 309, of 318, 352 of this Code are transferred to national currency of Ukraine on the official rate of this currency to unit of "special drawing right" which is published by the National Bank of Ukraine on the date of creation of restrictive fund and if the restrictive fund is not created - on the date of payment implementation.

Article 10. State supervision of merchant shipping

The state supervision of merchant shipping in Ukraine is assigned to the central executive body providing forming of state policy in the sphere of transport which exercises control of compliance with law about navigation and international treaties of Ukraine on navigation, and also supervision of condition of maritime routes and the common directorship of state registration of ocean ships, certification of specialists of navy, rescue service and the company which provides pilot services.

State supervision of safety of navigation of the fleet of fishery, state control of functioning of monitoring system of fishing boats and its components, namely: remote control of fishing boats, preparation and certification of their crew, technical supervision and supervision of observance of requirements of international treaties of Ukraine of rather technical condition of courts of fish industry exercises the central executive body realizing state policy in the sphere of safety of navigation of vessels of the fleet of fishery.

Article 11. Rates

Rates for maritime transport of passengers and baggage in coastal swimming, and also rules of application of these rates affirm according to the procedure, established by the current legislation of Ukraine.

Article 12. Allotment of land and water space for merchant shipping

Allotment of land and water areas for trade seaworthiness, and also for projects implementation of implementation of construction or carrying out any works in the action area of navigation equipment and maritime routes is performed according to the procedure, established Land and Water by codes of Ukraine.

The central executive body providing forming and realizing state policy in spheres of sea and river transport approves allotment of land and water space for trade navigation, and also for construction or accomplishment of any works in the action area of navigation equipment and maritime routes in the presence of the conclusion of the central executive body providing realization of state policy in the sphere of safety on sea and river transport.

Offers concerning demolition, transfer or need of change of the buildings and constructions creating obstacles to navigation or action of aids to navigation are submitted by the central executive body providing realization of state policy in the sphere of safety on sea and river transport.

The legal entities and physical persons which violated rules of this Article shall upon the demand of the central executive body, providing forming of state policy in the sphere of transport to perform in the time specified to them at own expense demolition, transfer or necessary changes of the buildings and constructions creating hindrances to navigation or action of aids to navigation.

Chapter 2. Coverage of the Maritime Code of Ukraine

Article 13. Application of regulations of the Maritime Code of Ukraine

Rules of this Code extend:

on ocean ships - during their direction as maritime routes, and on the rivers, lakes, water storage basins, other waterways if the special legislation or international treaties of Ukraine does not establish other;

on vessels of inland navigation - during their following by maritime routes, and also on the rivers, lakes, water storage basins, other waterways when implementing transportation with calling foreign seaport and in the cases provided by Articles 297 and 327 of this Code.

Rules of this Code, cases except for provided in it, do not extend to the vessels floating under naval flag of Ukraine.

Are applied to maritime military transports of the rule of this Code in the part which is not provided by the special legislation regulating these transportations.

To the transportations in the through mixed and through water communication performed with participation of sea transport, rules of this Code are applied in the cases specified in it, and also in the part which is not provided by the special legislation regulating such transportations.

Article 14. Conflict-of-laws rules

The rules of this Code containing in the Sections and Chapters provided below are applied:

1) in the Section II "Vessel" (except for article 40 of this Code) and in the Section III "Crew of the vessel" - to courts which are registered in Ukraine;

2) in the Section IV "Seaworthiness in the territorial sea, internal waters, water areas of seaports" - to the sea not military ports of Ukraine;

3) in Chapter 3 "Sea pilots" of the Section IV - to the relations which arise in connection with carrying out courts by sea pilots of Ukraine on approaches to the ports of Ukraine, within water areas of these ports, and also between these ports;

4) in Chapter 6 "Property which sank in the sea" the Section IV - to the relations which arise in connection with the sunk property in borders of the territorial sea and internal sea waters of Ukraine;

5) in Chapter 7 "Ship's protests" of the Section IX - in case the ship's protest is declared to the notary or other official;

6) in Chapter 1 "Shipment's liability limits" of the Section X of shipowners which vessels float under the State banner of Ukraine.

Limits of the shipment's liability and the operator of the nuclear vessel floating under the flag of foreign state are regulated by the law of the state under the flag of which the vessel floats. If these limits are lower established by this Code, then by consideration of dispute on responsibility in court or economic court of Ukraine provisions of this Code are applied;

7) in Chapter 2 "Exclusive requirements" of the Section X - in case the dispute is considered in Ukraine;

8) in the Section XI "Claims and claims" - in volume case when the corresponding relations are governed by rules of this Code.

The relations according to sea transportation agreements of freights, marine charterings for the term, marine charterings without crew, leasing, towage, marine insurance are regulated by the legislation of the state in the consent of the parties, and according to the sea transportation agreement of the passenger and sea cruise - also specified in the passenger ticket.

In the absence of the consent of the parties on application of the right of the relation of the parties are regulated by the legislation of that state where it is founded, the party which is takes the main place of activities or permanent stay:

a) carrier - in the sea transportation agreement and sea cruise;

b) the shipowner - in contracts of marine chartering for term and marine chartering without crew;

c) the lessor - in the agreement of leasing;

d) the owner of the vessel who performs towage, - in the agreement of towage;

e) the insurer - in the agreement of marine insurance.

The parties have the right to depart in the agreement from the rules of this Code concerning the relevant agreement if these rules do not establish other.

Section II. Vessel

Chapter 1. General rules

Article 15. Concept of the vessel

The merchant vessel in this Code means the self-propelled or not self-propelled floating construction used:

1) for transportation of goods, passengers, baggage and mail, for fish or other sea trade, exploration and production of minerals, rescue of people and courts, in distress at the sea, towages of other courts and floating objects, implementation of hydrotechnical works or raising of the property which sank in the sea;

2) for execution of special public service (protection of crafts, sanitary and quarantine services, protection of the sea against pollution, etc.);

3) for the scientific, educational and cultural purposes;

4) for sport;

5) for other purposes.

The fishing boat in this Code is any merchant vessel which is used for fish or other sea trade.

Tools of trade are integral part of the fishing boat in this connection the sea incidents connected with damage of tools of trade of the fishing boat by other courts are classified as collision of courts in the sea.

The nuclear vessel in this Code is the vessel equipped with the nuclear power station.

Article 16. Patterns of ownership on the vessel

Vessels of Ukraine can be in all patterns of ownership if other is not provided by legal acts of Ukraine.

The nuclear vessel shall be only in state-owned property.

Article 17. Alienation of national courts

Alienation to foreign state, foreign legal entity or physical person of the vessel which is in state-owned property is performed according to the current legislation of Ukraine.

Article 18. Ship immunity of national courts

Arrest or collection without the consent of body which exercises property management, being in state-owned property cannot be imposed the vessels which are in state-owned property if these vessels are used only for execution of public service.

Article 19. Property rights on vessels the under construction and vessels which are outside Ukraine

The property right to the vessel under construction is regulated by the legislation of the state in the territory of which there is such vessel if the construction agreement of the vessel does not establish other.

The property right and other property rights to the vessels which are outside Ukraine and also origin, change and the termination of these rights are regulated by the legislation of the state under the flag of which the vessel floats.

Article 20. Concept of the shipowner and owner of the vessel

The shipowner the legal entity or physical person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses on other legal causes is recognized this Code.

Owner of the vessel is the person of law of property or person performing the vessel which is rather reserved for it of the right to whom rules about the property right are applied.

Article 21. Identification of the vessel

The vessel shall have the name. The name to the vessel is appropriated by the owner. The call sign, and also, depending on its technical equipment, - identification number of the ship station of satellite communication and number of the selective challenge of ship radio station is appropriated to any vessel having the communication equipment.

The procedure for assignment to the vessel of the name, identification number of the ship station of satellite communication, call sign and number of the selective challenge of the ship station, is determined by the central executive body providing forming and realizing state policy in spheres of sea and river transport and the national commission performing state regulation in the sphere of communication and informatization.

Article 22. Technical supervision of ocean ships

Technical supervision of ocean ships, irrespective of patterns of ownership of the vessel and its owner, and their classification are performed by the classification society elected by shipowner.

Classification society exercises technical supervision for:

1) the passenger, liquid cargo carriers, courts intended for transportations of dangerous goods and also tows irrespective of capacity of the main engines and gross tonnage;

2) the self propelled vessels which are not specified in Item 1 of this Article with capacity of the main engines of 55 kW and more;

3) the courts which are not specified in Items 1 and 2 of this Article with a gross tonnage of 80 units and more.

Technical supervision of the courts which are not subject to supervision of classification society depending on the gross tonnage and capacity of the main engine is performed according to the procedure, determined by the central executive body providing forming and realizing state policy in spheres of sea and river transport.

Supervision of accomplishment in courts of requirements of international treaties of Ukraine is exercised by classification society at the request of the Cabinet of Ministers of Ukraine.

Article 23. The admission of the vessel to swimming

The vessel can be allowed to swimming only after it is determined that it meets safety requirements of navigation, protection of human life and the surrounding environment.

Article 24. The admission of inland navigation vessels to exit in the sea

Requirements to which the inland navigation vessels of Ukraine which are putting out to sea shall answer and also borders of areas of sea navigation of these vessels are established by classification society.

Article 25. Calling of the nuclear vessel waters of Ukraine

The nuclear vessel has the right to come into the territorial sea of Ukraine under all following conditions:

a) if the port is announced open for calling of nuclear courts;

b) if information on safety of this vessel is previously submitted to the central executive body providing forming and realizing state policy in spheres of sea and river transport and the central executive body providing forming and realizing state policy in the sphere of safety of use of nuclear energy;

c) if the central executive body providing forming and realizing state policy in spheres of sea and river transport, and the central executive body providing forming and realizing state policy in the sphere of safety of use of nuclear energy do not forbid this calling.

Chapter 2. Registration of courts and right to flag of Ukraine

Article 26. State registration of courts

The Ukrainian vessels, technical supervision of which is exercised by classification societies, are subject to registration in the State ship register of Ukraine.

The Ukrainian vessels which are not subject to registration in the State ship register of Ukraine are registered in the Ship book of Ukraine.

The vessel affreighted under the agreement by bare-boat charter (Article 203 of this Code), according to the statement of the freighter can be temporary, but no more duration of the agreement, is registered in the State ship register of Ukraine or in the Ship book of Ukraine if at the time of chartering it was not entered in the ship register of other state and if such vessel is entered in the ship register of other state, but the record made in the ship register of this state is suspended about what the shipowner shall provide the appropriate certificate.

In case in other state entering of the vessel into several ship registers is authorized, it is possible to abandon this claim.

The vessel constructed in the territory of Ukraine is subject to registration according to the procedure, determined by the Cabinet of Ministers of Ukraine.

The procedure for maintaining the State ship register of Ukraine and the Ship book of Ukraine is established by the central executive body providing forming and realizing state policy in spheres of sea and river transport.

Article 27. Registration conditions

The vessel can be registered in the State ship register of Ukraine or the Ship book of Ukraine only in one seaport of Ukraine.

The port of registration of the vessel can be changed at will the owner with observance of requirements of part one of this Article.

Article 28. Ship's patent, ship ticket

Registration of the vessel in the State ship register of Ukraine makes sure the certificate on the swimming right under National flag of Ukraine (ship's patent), and registration of the Ship book of Ukraine - the ship ticket.

For registration of the vessel in the State ship register of Ukraine or the Ship book of Ukraine and any subsequent changes of earlier made records in them about the registered vessel collection, procedure for collection and which size are established by the central executive body providing forming of state policy in the sphere of transport in coordination with the central executive body providing forming of state policy of economic development is levied.

Article 29. Conditions and consequences of registration

From the moment of registration of the vessel all earlier made records about this vessel in ship registers of foreign states by Ukraine are not recognized the State ship register of Ukraine or the Ship book of Ukraine.

In the same way Ukraine entering of the vessel of Ukraine into the ship register of foreign state is not recognized if the vessel is not excluded in accordance with the established procedure from the State ship register of Ukraine or the Ship book of Ukraine.

The vessel is excluded from the State ship register of Ukraine or the Ship book of Ukraine in case:

1) recognitions of the vessel unsuitable for further operation and repair;

2) losses by the swimming right vessel under National flag of Ukraine;

3) death of the vessel or loss it without message.

Article 30. Informing on changes of the data entered in registers of courts

- to charter within two weeks from the date of these changes shall report about any changes of the data which are subject to entering into the State ship register of Ukraine or the Ship book of Ukraine, the owner of the vessel or the freighter on the bare-boat to body of registration of the vessel.

Article 31. Responsibility for violation of rules of registration of the vessel

The persons evading from obligatory registration of the vessel or which registered it in the State ship register of Ukraine or the Ship book of Ukraine in the illegal way, or violated requirements of article 30 of this Code bear responsibility according to the current legislation of Ukraine.

Article 32. National identity of the vessel. The swimming right under National flag of Ukraine

The concept "Ukrainian vessel" or "vessel of Ukraine" means national identity of the vessel to which jurisdiction of Ukraine extends.

The national identity of the vessel is determined by its state registration in Ukraine and receipt of the right of swimming under National flag of Ukraine.

Under National flag of Ukraine the vessel which is state-owned property or being in property of the physical person - the citizen of Ukraine, and also the legal entity in Ukraine based by exclusively Ukrainian owners or the vessel which is at these persons on terms of the contract the bare-boat - charter has the swimming right.

Article 33. Receipt of the right of swimming under National flag of Ukraine

The vessel acquires the swimming right under National flag of Ukraine since registration it in the State ship register of Ukraine or the Ship book of Ukraine and the certificate on receipt of the right of swimming under this flag.

The vessel acquired abroad has the swimming right under National flag of Ukraine since issue by the consul of Ukraine of the interim certificate certifying receipt of this right. The interim certificate is valid before registration of the vessel in the State ship register of Ukraine or the Ship book of Ukraine, but no more than one year.

On the vessel of National flag of Ukraine without receipt of the right of swimming under this flag perpetrators bear responsibility in the procedure established by the legislation for rise.

Article 34. Temporary loss by the Ukrainian vessel of the right of swimming under National flag of Ukraine

If the owner of the Ukrainian vessel gives him on the bare-boat - to charter to foreign physical person or legal entity, then this vessel with the consent of the central executive body realizing state policy in the sphere of transport (the central executive body realizing state policy in the sphere of safety of navigation of vessels of the fleet of fishery) can temporarily lose the swimming right under National flag of Ukraine provided that:

1) the legislation of this foreign state does not forbid change of flag;

2) the owner of the vessel agrees to temporary transfer of the vessel under flag of foreign state;

3) pawnbrokers of the registered pledges of the vessel agree to temporary transfer of court under flag of foreign state.

Chapter 3. Ship's papers

Article 35. Ship's papers

The vessel owes the following main ship's papers:

the certificate on the swimming right under National flag of Ukraine (ship's patent);

certificate on the property right to the vessel;

classification certificate;

the certificate of measurement (for the courts which are subject to technical supervision of classification society);

certificate on the minimum structure of crew;

list of faces of ship crew (muster roll);

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