of May 23, 1995 No. 176/95-BP
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, fishing activities, exploration and production of minerals, search and rescuing of people, in distress at the sea, accomplishment of towing, icebreaking and rescue transactions, navigation and hydrographic works, laying of cable and also for other economic, scientific and cultural purposes.
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.
The state performs regulation of trade navigation through the central executive body which provides forming of state policy in the sphere sea and inland water transport, the central executive body which realizes state policy in the sphere of sea 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 which provides forming and realizes state policy in spheres sea and inland water transport within the powers with the assistance of the interested central executive bodies develops and approves regulatory legal acts 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, technical requirements to ocean ships, procedure of technical supervision of courts, rules of control of courts for the purpose of safety of navigation, regulations on classification, procedure for investigation and accounting of emergency sea incidents with courts, order of registration of courts in the State ship register of Ukraine and order of registration of courts in the Ship book of Ukraine, other acts, which are obligatory for all legal entities and physical persons.
Part three No. 1054-IX is excluded according to the Law of Ukraine of 03.12.2020
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.
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.
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.
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".
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.
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.
The state supervision and ensuring realization of state policy in the sphere of merchant shipping is assigned to the central executive body which realizes state policy in the sphere of sea transport which performs:
ensuring compliance and accomplishment of the obligations undertaken according to international treaties of Ukraine in the sphere of sea transport, merchant shipping, navigation and hydrographic ensuring navigation;
the state supervision of fulfillment of requirements of international treaties of Ukraine and other acts of the legislation in the sphere of merchant shipping on Ukrainian (control by the flag State) and foreign (control by the port State) merchant vessels, behind safety of navigation on maritime routes, in water areas of seaports and on objects of port infrastructure, traffic regulation and pilot carrying out courts;
the organization and control of implementation of navigation and hydrographic ensuring navigation, search and rescuing of people which suffered disaster at the sea, certification of seamen, and also control of implementation of protection of courts and port means;
control of activities of the acknowledged organizations to which according to international treaties of Ukraine in the sphere of merchant shipping and the Code powers on implementation of technical supervision of the Ukrainian merchant vessels are conferred;
registration of ocean ships and inland navigation vessels, issue in accordance with the established procedure ship's papers, identity certificates and qualification documents of seamen;
other functions assigned to it according to the law.
The part two is excluded according to the Law of Ukraine of 03.12.2020 No. 1054-IX
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.
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 which realizes state policy in the sphere of sea transport within the powers determined by the law approves allotment of land and water space for trade navigation, and also construction projects or accomplishment of other works in the action area of navigation equipment and maritime routes. The procedure for coordination of allotment of land and water space for trade navigation, and also construction projects or accomplishment of other works in the action area of navigation equipment and maritime routes is determined by the central executive body which provides forming and realizes state policy in spheres sea and inland water transport.
Part three No. 1054-IX is excluded according to the Law of Ukraine of 03.12.2020
The legal entities and physical persons which violated rules of this Article shall perform upon the demand of the central executive body realizing state policy in the sphere of sea transport" 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.
Rules of this Code extend:
on ocean ships - during their following by sea waterways and inland waterways if the Law of Ukraine "About inland water transport" or international treaties of Ukraine does not establish other;
on inland navigation vessels - during their following by maritime routes and in the cases provided by Articles 15, of 22, of 24, 26 - 31, the 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 multimodal transportations and transportations in and through water communication, performed with participation of ocean ships, 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.
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 insurance contract of sea risks.
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.
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, implementation of fishing activities (including fishing boats), exploration and production of minerals, search and rescuing of people which suffered disaster at the sea, towages of other courts and floating objects, implementation of rescue, navigation and hydrographic, hydrotechnical works, servicing of courts and passengers in seaport (maritime terminal), raisings of property which sank in the sea;
2) for implementation of the state supervision of safety of navigation (navigation), protection of the sea environment and water bioresources;
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.
The passenger ship for the purposes of of this Code is the any vessel transporting more than 12 passengers.
The terms "small vessel", "recreational craft", "sports vessel", "inland navigation vessel" are used in this Code in the values given in the Law of Ukraine "About inland water transport".
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.
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.
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.
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.
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 physical person or legal entity performing the vessel which is rather reserved for it of the right to which rules about the property right are applied.
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 which provides forming and realizes state policy in spheres sea and inland water transport, and the national commission performing state regulation in the sphere of communication and informatization.
Classification of the Ukrainian courts is performed by the classification society (the acknowledged organization) chosen by the shipowner.
Supervision of accomplishment in the Ukrainian courts of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping, issue of the relevant ship's papers are performed by the central executive body realizing state policy in the sphere of sea transport or classification society (the acknowledged organization), authorized central executive body which provides forming and realizes state policy in spheres sea and inland water transport.
Powers of classification society (the acknowledged organization) on implementation of supervision of accomplishment on ocean ships of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping are performed according to the procedure, established by the central executive body which provides forming and realizes state policy in spheres sea and inland water transport, based on the agreement on power on rendering services in supervision of execution in the Ukrainian courts of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping. The specified agreements are signed with classification society (the acknowledged organization) by the central executive body which realizes state policy in the sphere of sea transport.
The procedure of supervision of accomplishment in the Ukrainian courts of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping is developed taking into account international treaties of Ukraine and requirements of the European Union and affirms the central executive body which provides forming and realizes state policy in spheres sea and inland water transport.
The procedure for power of classification society (the acknowledged organization) on implementation of supervision of accomplishment in the Ukrainian courts of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping determines, in particular, requirements (criteria) to which classification societies (the acknowledged organizations), procedure for agreement signature about power on rendering services in supervision of accomplishment on ocean ships under the flag of Ukraine of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping and standard form of such agreement, procedure for control (monitoring) for implementation by classification societies (the acknowledged organizations) of supervision of accomplishment on ocean ships of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping shall answer and also behind compliance of classification societies (the acknowledged organizations) to the requirements established by the legislation.
Control (monitoring) of implementation by authorized classification societies (the acknowledged organizations) of supervision of accomplishment in the Ukrainian courts of the requirements established by the legislation of Ukraine and international treaties of Ukraine in the sphere of merchant shipping performs the central executive body which realizes state policy in the sphere of sea transport.
Technical supervision of accomplishment by inland navigation vessels, small courts and water bikes of requirements of the national legal system and international treaties of Ukraine, their classification are performed according to the Law of Ukraine "About inland water transport".
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.
Technical requirements to ocean ships are developed and affirm the central executive body which provides forming and realizes state policy in spheres sea and inland water transport, and include the main requirements to design, picking and operation of the vessel which are not established by international treaties of Ukraine and the technical regulation of the sea equipment of courts taking into account areas and conditions of navigation of the vessel, and also international treaties of Ukraine, requirements of the European Union law.
Technical requirements to ocean ships establish also the list of the obligatory radio equipment of the courts which are not making the international flights.
Passenger ships shall be suitable for their use by persons from handicapped national groups.
Technical requirements to inland navigation vessels are established according to the Law of Ukraine "About inland water transport".
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.
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 which realizes state policy in the sphere of sea transport, and to 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.
The Ukrainian ocean ships and inland navigation vessels are subject to registration in the State ship register of Ukraine. Vessels which are not subject to registration in the State ship register of Ukraine are registered in the Ship book of Ukraine according to the Law of Ukraine "About inland water transport".
Registration in the State ship register of courts is forbidden, owners or boatmasters of which are citizens of the state recognized by Ukraine the state aggressor or the state invader, the legal entities registered in the territory of the state recognized by Ukraine the state aggressor or the state invader the legal entities registered in the territory of Ukraine by participants (shareholders, members) or final beneficiaries of which are citizens of the state recognized by Ukraine the state aggressor or the state invader or the legal entities registered in the territory of Ukraine participants (shareholders, members) or final beneficiaries of which are the state recognized by Ukraine the state aggressor or the state invader; physical persons and legal entities to which special economic and other rationing measures (sanctions) according to the Law of Ukraine "About sanctions" are applied.
The foreign vessels affreighted under the agreement of bare-boat charter are subject to registration in the State ship register of Ukraine temporarily, for the term which is not exceeding effective period of such agreement if at the time of registration of the vessel it was not entered in the ship register of other state or if such vessel is entered in the ship register of other state, but record about it is stopped, or permission of authorized body of foreign state of registration of the vessel to temporary registration in Ukraine is got.
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 order of registration of courts in the State ship register of Ukraine is established by the central executive body which provides forming and realizes state policy in spheres sea and inland water transport.
Registration of ocean ships and inland navigation vessels in the State ship register of Ukraine is performed by the central executive body realizing state policy in the sphere of sea transport. Registration of the vessel makes sure the certificate on the swimming right under National Flag of Ukraine (ship's patent) which is granted of the State ship register of Ukraine is termless, or the certificate on the temporary right of swimming under National Flag of Ukraine, and also the certificate on the property right to the vessel which is granted is termless.
The termination of registration of the ocean ship or inland navigation vessel makes sure of the State ship register of Ukraine the certificate on temporary exception of the vessel of the State ship register of Ukraine or the certificate on vessel exception of the State ship register of Ukraine.
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