ORDER OF MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of July 21, 2006 N87

About approval of Rules of registration of courts and the rights to them in sea trade ports

List of amending documents

According to Item 2 of Article 5 and item 4 of Article 33 of the Maritime Code of the Russian Federation (Russian Federation Code, 1999, N 18, Art. 2207; 2001, N 22, Art. 2125; 2003, N27 (p. I), Art. 2700; 2004, N 45, N4377; 2005, N52 (p. I), the Art. 5581) I order:

1. Approve the enclosed Rules of registration of courts and the rights to them in sea trade ports.

2. Declare invalid the order of the Ministry of Transport of the Russian Federation of November 29, 2000 of N145 "About Approval of Rules of Registration of Courts and the Rights to Them in Sea Trade Ports" (it is registered by the Ministry of Justice of the Russian Federation on January 31, 2001, registration N 2556).

 

Appendix

Approved by the order of Ministry of Transport of the Russian Federation of July 21, 2006 No. 87

Rules of registration of courts and the rights to them in sea trade ports

I. General provisions

1. These rules establish order of registration of courts and the rights to them in sea trade ports (further - trade ports), except for vessels of the fishery fleet.

2. Registration of courts and the rights to them (further - registration) is made on the system of records about the vessel and the rights to it installed by these rules in the State ship register of the Russian Federation (further - the State ship register), the Russian international register of courts and the register of courts under construction. The foreign vessel affreighted by the Russian freighter on bare-boat charter can be registered in the bare-boat - the charter register or the Russian international register of courts.

Registration is performed in trade ports which list is given in appendix N1 to these rules. Registration of courts in the Russian international register of courts is performed in trade ports which list is approved by the order of the Government of the Russian Federation of April 25, 2006 N583-r * and given in appendix N2 to these rules.

3. The vessel registered in the register of courts of foreign state can be registered in the State ship register, the Russian international register of courts after exception of the register of courts of foreign state and submission of the certificate certifying that the vessel is excluded from such register.

4. Registration date day of entering of the corresponding records into the State ship register, the Russian international register of courts, the bare-boat - the charter register or the register of courts under construction is.

The mortgage of the vessel or vessel under construction is registered on the date of receipt of the statement for registration.

5. Registration is performed in one of the trade ports of the Russian Federation specified in appendix N1 to these rules at the choice of the owner of the vessel or the freighter of the foreign vessel affreighted on bare-boat charter.

Registration of the vessel in the Russian international register of courts at the choice of the owner or the freighter is performed in one of the trade ports specified in appendix N2 to these rules.

Registration of the property rights to the vessel under construction is performed in the trade port, nearest to the ship-building organization.

The mortgage of the vessel under construction is registered in the register of courts under construction in which the property right to the vessel under construction is registered.

6. Vessels, the property right and other corporeal rights to vessels, and also restrictions (encumbrance) of the rights to them are subject to registration.

7. Registers of courts have open character.

The data containing in the State ship register, the Russian international register of courts, the bare-boat - the charter register and the register of courts under construction, are provided to any interested person who showed the identity certificate and the statement in writing (to the legal entity - the documents confirming registration of this legal entity and power of his representative).

The statements from the specified registers which are drawn up in accordance with the established procedure shall contain data on the vessel, the registered rights to it, and also on restrictions (encumbrances) of the rights.

Such statements are provided for a fee on the rate determined according to the procedure, established by the Government of the Russian Federation.

8. The requested information or written motivated refusal information are provided to the applicant within five days in provision.

9. At the request of the owner information on persons who received data on the vessel on which it has the rights is provided to it.

10. For registration of the vessel in the State ship register, the Russian international register of courts or in the bare-boat - the charter register and for any changes made to them, for registration of the rights to the vessel under construction in the register of courts under construction, registration of mortgage of the vessel, and also the state fee in sizes and procedure which are established by the legislation of the Russian Federation on taxes and fees is paid for annual registration confirmation of the vessel in the Russian international register of courts.

II. The bodies performing registration of courts

11. Registration of courts is performed by the captain of sea trade port (further - the captain of trade port, body of registration).

Work on acceptance, registration and verification of incoming documents, preparation for execution of certificates and other outgoing documents are carried out by employees of the relevant service of the captain of trade port (further - officials of body of registration).

12. The captain of trade port performs:

a) registration;

b) issue of the documents confirming registration.

13. The Federal Service for the Oversight of Transport performs:

organization of registration of courts;

control of activities of captains of trade ports for registration of courts;

other powers established by the legislation of the Russian Federation in system of registration.

III. Basic provisions about order of registration of courts and the rights to them. Order of registration of courts and the rights to them in the State ship register

14. In the State ship register passenger, passenger-and-freight, oil, tug boats, and also other self propelled vessels with the main engines capacity at least than 55 kilowatts and dumb boats with a capacity at least than 80 tons except for used in non-commercial purposes of sports and pleasure crafts are subject to registration.

15. Warships, military auxiliary vessels and the boundary ships are not subject to registration in the State ship register. In case of their commercial use the corresponding ships and vessels can be registered in the State ship register.

Also other watercrafts which are vessel accessories are not subject to registration in the State ship register of the boat.

16. The Sections of the State ship register, the Russian international register of courts containing records about the rights to the vessel, origin, transition and the termination of such rights on restrictions (encumbrances), are identified in the specified registers by sequence registration number of the vessel which is assigned to it when implementing registration and remains for its registration in specific trade port while the vessel exists as single object of the registered right.

17. Integral part of the State ship register are the cases including documents on vessels (ship cases).

Ship case opens on each vessel and is identified by sequence registration number of the vessel. In ship case all documents arriving for registration of the rights to this vessel are located. Ship case contains data:

about the documents on the vessel, owners, the registered right and applicants accepted on registration;

about the granted registration certificates;

about the issued references and statements from the State ship register;

about other documents.

18. The state ship register and ship cases are stored during the terms established by the legislation of the Russian Federation.

19. The state ship register which is kept the captain of the relevant trade port is part of the unified State ship register.

20. The state ship register consists of the separate Sections containing records about each vessel.

21. The Section I contains the following main data on the vessel:

a) the name of the vessel (this and former), port (place) of the previous registration of the vessel and date of its cancellation (if those are available);

b) the identification number of the vessel assigned by International Maritime Organization;

c) call sign of the vessel;

d) name of ship-building shipyard, place and year of construction of the vessel;

e) type and purpose of the vessel, area of its swimming;

e) main technical characteristics of the vessel, including capacity (gross and net), dead weight capacity and main razmereniye of the vessel.

22. The Section II contains: records about the property right, the right of economic maintaining and the right of operational management, name (name) of the owner, data of the identity document of physical person, and details of the legal entity, the address specified by the owner, right type, the size of share in the right, the name and details of documents; date of introduction of record, surname, name, middle name of the captain of the trade port which performed registration, and its signature.

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