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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 406

About approval of Rules and requirements for protection of courts and port means

According to subitem 55-36) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" PRIKAZYVAYU:

1. Approve enclosed:

1) Governed on protection of courts and port means according to appendix 1 to this order;

2) Requirements for protection of courts and port means according to appendix 2 to this order.

2. To provide to committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printed publicity materials;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) 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 actions, according to subitems 1), 2), 3) and 4) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

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

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of June 30, 2017 No. 406

Rules on protection of courts and port means

Chapter 1. General provisions

1. These rules on protection of courts and port means (further - Rules) are developed according to subitem 55-36) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and determine procedure for the organization of protection of courts and port means.

2. Action of these rules extends on:

1) the cargo ships floating under National flag of the Republic of Kazakhstan, making international flights with a gross tonnage of 500 and more register tons;

2) the passenger carriers floating under National flag of the Republic of Kazakhstan, making international flights;

3) the port means servicing the vessels specified in subitems 1) and 2) of this Item.

3. These rules do not extend to vessels, flying the flag Naval forces of the Republic of Kazakhstan and sea parts of the border service of Committee of homeland security of the Republic of Kazakhstan.

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

1) interaction of the vessel with port means or other vessel - interaction when the vessel is directly and directly affected by the actions connected with movement of people, loads or provision of port services to the vessel either from the vessel or from the vessel on other vessel;

2) the Declaration on protection - the agreement between the vessel and port means or with other vessel with which it will interact, concerning protection measures which each party will take according to provisions of the approved plan of protection;

3) authorized body - the central actuator performing management in the field of merchant shipping and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

4) the plan of protection of the vessel - the plan developed for ensuring application of the measures on the vessel intended for protection of people, load, unit transport loads, ship stores or the vessel from risks of violation of protection;

5) the plan of protection of port means - the plan developed for ensuring accomplishment of the measures intended for protection of port means and courts, their loads, unit transport loads, people and ship stores against risks of violation of protection in the territory of port means;

6) the officer responsible for protection of the vessel - the person accountable to the captain appointed by the shipowner for the solution of questions of ensuring protection of the vessel including accomplishment of the plan of protection of the vessel and communication with the service employee of the shipowner responsible for protection and with the service employee of port means responsible for protection;

7) the service employee of the shipowner responsible for protection - person designated by the shipowner for ensuring evaluating protection of courts, development, representation on approval and the subsequent accomplishment of plans of protection of courts and for communication with the service employees of port means responsible for protection, and with the officer, the vessel, responsible for protection;

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