of October 23, 2008
This Code determines legal, economic, organizational basis of public administration in the field of merchant shipping and governs the relations arising from merchant shipping.
In this Code the following basic concepts are used:
1) merchant shipping - the activities connected with use of courts for:
a) transportation of goods, passengers and their baggage;
b) trade of water biological resources;
c) investigations and developments of mineral and other lifeless resources of seabed and its subsoil;
d) pilot, ice pilot and icebreaking posting;
e) search, rescue and towing operations;
e) raising of the property which sank in the sea;
g) hydrotechnical, underwater and technical and other similar works;
h) health, quarantine, veterinary, phytosanitary and other control;
i) protection and preserving the marine environment;
j) carrying out sea scientific research;
k) educational, sports and cultural purposes;
l) other purposes;
2) the seaport water area - the water space allocated for port limited to the line with coordinates of the port installations which are most removed towards the sea;
3) bare-boat charter - the agreement of marine chartering without crew on which the shipowner shall for the caused payment (freight) to provide to the freighter in use and in ownership for certain term the vessel which is not staffed by crew and not equipped for transportation of goods, passengers or other purposes of merchant shipping;
4) vessel capacity - the gross tonnage of the vessel determined according to the international rules of measurement of courts according to the International convention by measurement of courts of 1969;
5) demurrage - payment for kontrstaliyny time;
6) the dispatch - the remuneration paid by the shipowner to the freighter for early release of the vessel from - under cargo operations;
7) the dispache - calculation of losses and expenses for general average and their distribution between the parties participating in the general sea company; the dispacheur - the expert constituting the dispache;
8) the bill of lading - the document issued by carrier to the sender and certifying cargo reception to transportation;
9) kontrstaliyny time - period of time during which the vessel is under loading or unloading over lay days;
10) the pilot - the specialist in the field of safe carrying out courts to the place of mooring, statement on anchor and shifts of courts in port;
11) the sea waybill - the carriage document processed in transit loads by sea transport;
12) seaport - complex of the constructions located on specially allotted the territories and water areas and intended for servicing of the courts used for the purpose of merchant shipping;
13) the ship's protest - the statement of the ship master for the incident taking place during swimming or the parking of the vessel for the purpose of providing proofs for protection of the rights and legitimate interests of the shipowner;
14) the sender - the person dispatching cargo according to the sea transportation agreement and specified in carriage documents;
15) the passenger - the person consisting in contractual relations with carrier and specified in the ticket or other document confirming its right to journey, or the maintenance of the vehicle, animals and other load performing according to the sea transportation agreement of load with the consent of carrier;
16) the passenger certificate - the ship's papers containing the information about the most admissible number of passengers on the vessel;
17) carrier - the person owning on the property right or other legal causes by the vessel, providing according to the signed sea transportation agreement of load or the sea transportation agreement of the passenger of service in transportation of passengers, baggage and loads;
17-1) national maritime carrier – the legal entity identified by the Cabinet of Ministers of Turkmenistan, performing services in maritime transport of loads, passengers, baggage and mail;
18) the floating drilling rig - the vessel (floating construction) intended for accomplishment of drilling operations on investigation and (or) production of underground resources of seabed;
19) the receiver - person authorized on receipt of load according to the sea transportation agreement of load;
20) port towage - towage and accomplishment of maneuvers in the port water area, including for input of the vessel or other floating object to the port or its withdrawal from the port;
21) rules of transportations - the regulatory legal acts regulating activities of sea transport when implementing transportation;
22) the owner of the vessel - person, the vessel to whom belongs on the property right;
23) 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;
24) the vessel - the self-propelled or not self-propelled floating construction used for the purpose of merchant shipping;
25) tug boat - the vessel intended for towage and kantovka of other courts and floating constructions;
26) vessels of the fishery fleet - court, servicing fishery complex, used for trade of water biological resources, and also priyemotransportny vessels;
27) lay days - period of time during which the vessel is under loading or unloading without additional payments to the freight;
28) subbare-boat charter - the agreement of submarine chartering without crew on which the freighter within the rights granted by bare-boat charter can sign on its own behalf agreements of marine chartering without crew with the third parties for all term or on part of effective period of bare-boat charter;
29) the subtime-charter - the agreement subfrakhtovaniya for a while on which the freighter within the rights granted by the time-charter can sign on its own behalf the agreement of marine chartering for a while with the third parties for all term or on part of effective period of the time-charter;
30) the time-charter - the agreement of marine chartering for a while under which the shipowner shall for the caused payment (freight) to provide to the freighter the vessel and services of crew of the vessel in use for certain term for transportation of goods, passengers or for other purposes of merchant shipping;
31) the actual carrier - any person to whom carrier implementation of cargo hauling (passenger) is entrusted;
32) the freight - all payments which are due to carrier according to the sea transportation agreement of load;
33) the freighter - the chartering agreement party to which the vessel, its part or certain ship placements for certain term for the purposes of merchant shipping is provided;
34) the freighter - the chartering agreement party providing the vessel, its part or certain ship placements for certain term for the purposes of merchant shipping;
35) charter - agreement type of maritime transport of loads in case of which all vessel, its part or certain ship rooms are provided to the freighter for maritime transport of load.
1. The legislation of Turkmenistan on merchant shipping is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan regulating questions of merchant shipping.
2. The property relations arising from merchant shipping are regulated by this Code. To the property relations, not regulated or not completely regulated this Code, applies regulations of the civil legislation of Turkmenistan.
3. If the international treaty of Turkmenistan establishes other rules than containing in this Code, then rules of the international treaty are applied.
1. Action of this Code extends on:
1) ocean ships during their swimming on maritime routes, and also on inland waterways;
2) vessels of the mixed swimming "river sea" during their swimming on maritime routes, and also on inland waterways when implementing transportation of goods, passengers and their baggage with calling foreign seaport, during the rescue operation and in case of collision with other ocean ship.
2. Action of this Code, except as specified directly provided in it, does not extend on:
1) the warships, military auxiliary vessels and other vessels which are in property of the state or operated by it and used only for government non-commercial activities;
2) the non-commercial loads which are in property of the state.
If this Code directly provides that the rules established by this Code extend to the vessels and loads specified in this part, then such rules shall not be used as the bases for withdrawal, arrest and detention of such courts and loads.
Navigation (navigation of vessels) for the purpose of transportation of goods, passengers and their baggage, and also towage of floating constructions between seaports of Turkmenistan (cabotage) are performed by the courts floating under National flag of Turkmenistan.
In some cases on permission of the Cabinet of Ministers of Turkmenistan navigation between seaports of Turkmenistan for a period of up to six months can be performed by the courts floating under the flag of foreign state.
1. The unit of account provided by Articles 158, of 177, of 298, of 325, of the 326th of this Code is unit of special drawing right as it is determined by the International Monetary Fund.
2. According to the cost of national currency of Turkmenistan in terms of special drawing right transfer in manats is made:
1) for date of decision by court, Arbitration Court or reference tribunal or for the date established by the agreement сторонсумм, specified in Articles 158, of the 177th of this Code;
2) for date of creation of fund of the liability limit - the amounts specified in article 298 of this Code;
3) for date of creation of fund of the liability limit, payment execution or provision of the providing equivalent to payment, - the amounts specified in Articles 325 and 326 of this Code.
The cost of national currency of Turkmenistan in terms of special drawing right is estimated according to the cost determination method applied by the International Monetary Fund for the corresponding date to the transactions and calculations.
Public administration in the field of merchant shipping is exercised of the central executive bodies authorized by the Cabinet of Ministers of Turkmenistan in the field of water transport (further - Authorized body in the field of water transport), state body of management in the field of fishery (further - Authorized body in the field of fishery), and also other state bodies of management within their competence.
1. The national sea carrier performs services in transportation of goods, passengers, baggage and mail, including oil and oil products, particular loads, and participates in implementation of the international treaties signed on merchant shipping.
2. Benefits on entrance and exit to sea trade ports and port points of Turkmenistan are provided to national maritime carrier, and also according to the legislation of Turkmenistan it uses privileges on the harbor fees in sea trade ports and port points of Turkmenistan.
3. The regulations on national maritime carrier affirm the Cabinet of Ministers of Turkmenistan.
1. The state supervision of merchant shipping is exercised by Authorized bodies according to parts two and third this Article.
2. The authorized body in the field of water transport exercises the state supervision for:
1) observance of the international treaties of Turkmenistan relating to merchant shipping and legislations of Turkmenistan on merchant shipping;
2) protection of human life at the sea;
3) certification of members of crews of vessel irrespective of their departmental accessory;
4) state registration of courts and the rights to them, except vessels of the fishery fleet;
5) pilot service and traffic control system of courts in seaports;
6) rescue service and its interaction with other rescue services;
7) condition of maritime routes;
8) ensuring protection of the marine environment.
3. The authorized body in the field of fishery exercises the state supervision for:
1) observance of the international treaties of Turkmenistan relating to merchant shipping and legislations of Turkmenistan on merchant shipping concerning vessels of the fishery fleet;
2) protection of human life at the sea;
3) state registration of vessels of the fishery fleet and rights to them;
4) pilot service and traffic control system of courts in seaports;
5) ensuring protection of the marine environment.
6) small size vessels according to the procedure, established by the Cabinet of Ministers of Turkmenistan.
4. The state supervision of small size vessels is exercised according to the procedure, established by the Cabinet of Ministers of Turkmenistan.
Separate types of activity in the field of merchant shipping are subject to licensing according to the Law of Turkmenistan "About licensing of separate types of activity".
Vessels in Turkmenistan can be in property of the state, legal entities and physical persons.
The owner of the vessel has the right to make at discretion concerning the vessel belonging to it any actions which are not contradicting the legislation of Turkmenistan including to alienate the vessel in property to other persons, remaining the owner, to transfer it rights of possession, uses and orders of the vessel, to establish mortgage of the vessel and to encumber it with other methods, to dispose otherwise.
1. The owner of the vessel has the right to give him to the trustee according to the trust management agreement of the vessel to the term which is not exceeding five years for implementation of control of the vessel for remuneration for the benefit of the owner. At the same time the trustee shall be competent of the field of management of courts and their operation.
2. Transfer of the vessel to trust management does not involve transition of the property right to it to the trustee.
3. Transfer of the vessel to trust management shall be registered in the State ship register or the ship book.
4. The vessel which is under economic authority or operational management cannot be delivered in trust management.
5. In the trust management agreement of the vessel the parties of such agreement, the right and the trustee's obligation, the size and form of its remuneration shall be specified.
1. The swimming right under National flag of Turkmenistan is granted to the courts which are in property of the state, citizens of Turkmenistan, legal entities according to the legislation of Turkmenistan.
2. The vessel acquires the swimming right under National flag of Turkmenistan from the moment of its registration in one of registers of the courts of Turkmenistan specified in part one of article 27 of this Code.
3. The basis of the swimming right under National flag of Turkmenistan for the vessel acquired outside Turkmenistan is the interim certificate granted by consular service of Turkmenistan (from the moment of issue), certifying it also valid before registration of the vessel in the State register of courts of Turkmenistan or the ship book, but no more than for one year is right.
4. The swimming right under National flag of Turkmenistan can be temporarily provided by authorized body in the field of water transport in coordination with the Cabinet of Ministers of Turkmenistan to the vessel registered in the register of courts of foreign state given to use and to ownership to the Turkmen freighter under the agreement of marine chartering without crew (bare-boat charter) if:
1) the freighter of the vessel meets for bare-boat charter to requirements imposed to the owner of the vessel according to part one of this Article;
2) the owner of the vessel agreed in writing to transfer of the vessel under National flag of Turkmenistan;
3) the pawnbroker of mortgage of the vessel or the encumbrance of the vessel of the same nature established and registered according to the legislation of the state of the owner of the vessel agreed in writing to transfer of the vessel under National flag of Turkmenistan;
4) the legislation of the state of the owner of the vessel does not prohibit provision to the swimming right vessel under the flag of foreign state;
5) the swimming right under the flag of foreign state is suspended or will be suspended at the time of provision to the swimming right vessel under National flag of Turkmenistan.
The swimming right under National flag of Turkmenistan can be granted to the vessel for the term of no more than one year with the right of its subsequent prolongation every other year, but not over bare-boat charter effective period. For the purposes of change of flag effective period of bare-boat charter cannot be less than one year.
By provision to the swimming right vessel under National flag of Turkmenistan the Authorized body in the field of water transport in coordination with the Cabinet of Ministers of Turkmenistan determines what shall be the name
The vessel having the swimming right under National flag of Turkmenistan has national identity to Turkmenistan and shall fly National flag of Turkmenistan.
The vessel loses the swimming right under National flag of Turkmenistan if:
1) it ceases to conform to the requirements provided by part one of article 12 of this Code;
2) the term for which the vessel according to part four of article 12 of this Code is granted the swimming right under National flag of Turkmenistan expired, or the decision on provision to the vessel of such right is cancelled.
1. By provision of the vessel registered in the State ship register or the ship book and in ownership such vessel can be temporarily transferred to the foreign freighter on bare-boat charter to use under flag of foreign state based on the decision of the Cabinet of Ministers of Turkmenistan.
2. The vessel can be transferred under flag of foreign state to the term which is not exceeding two years with the right of the subsequent prolongation, but not over bare-boat charter effective period. For the purposes of change of flag effective period of bare-boat charter cannot be less than one year.
3. The vessel translated under flag of foreign state is subject to registration in the corresponding register of courts of the Flag State and from this point its right of swimming under National flag of Turkmenistan stops.
1. The vessel which is subject to registration in the state ship register or the ship book shall have the name.
2. The owner appropriates or changes the name of the vessel according to the procedure, established by Authorized body in the field of water transport.
About change of the name of the vessel record is entered in ship registers of Turkmenistan what the owner without delay notifies pawnbrokers of the registered mortgages of the vessel and the International classification society on - member of the International Association of Classification Societies (IACS).
1. The call sign, identification number of the ship station of satellite communication and number of the selective challenge of the ship station is assigned to the vessel.
2. The procedure for assignment of call sign, identification number of the ship station of satellite communication and number of the selective challenge of the ship station is established by the central executive body in the field of communication, the authorized Cabinet of Ministers of Turkmenistan.
Technical supervision of the courts specified in part two of article 19 of this Code, and their classification are performed by Classification society - the member of the International Association of Classification Societies (IACS) authorized by the Cabinet of Ministers of Turkmenistan (further - Classification society).
1. The vessel can be allowed to swimming only after it is determined that it conforms to safety requirements of navigation.
2. Classification society according to its powers exercises technical supervision of passenger, passenger-and-freight, oil, tug boats, and also of other self propelled vessels with the main engines capacity at least than 75 kilowatts and dumb boats with a capacity at least 80 tons, the sports and pleasure crafts except for used in non-commercial purposes.
3. Technical supervision of sports and pleasure crafts, irrespective of capacity of the main engines and capacity of such courts, and also behind other courts to which the rules established by part two of this Article are not applied is performed by state body of technical supervision of small size vessels, the authorized Cabinet of Ministers of Turkmenistan.
Classification society according to its powers appropriates class to the courts specified in part two of article 19 of this Code. Assignment of class to courts makes sure classification certificates.
1. The vessel shall have the following main ship's papers:
1) the certificate on the swimming right under National flag of Turkmenistan;
2) certificate on the property right to the vessel;
3) certificate on the minimum structure of crew;
4) the certificate on the validity to swimming;
5) the passenger certificate (for the passenger ship);
6) certificate of measurement;
7) free board certificate;
8) certificate on prevention of pollution by oil;
9) certificate on prevention of pollution by sewage;
10) certificate on prevention of pollution by garbage;
11) the license of ship radio station and radio magazine (if the vessel has ship radio station);
12) list of faces of ship crew (muster roll);
14) the engineer's log (for courts with the mechanical engine);
15) sanitary magazine;
16) the transaction journal with sewage;
17) the transaction journal with garbage;
18) the magazine of oil operations for the courts which are not oil tankers;
19) the magazine of oil operations for oil tankers;
20) the ship sanitary certificate about the swimming right;
21) classification certificate;
22) the certificate on safety of the vessel on the radio equipment;
23) the certificate on the equipment and supply;
24) the international certificate about protection of the vessel;
25) certificate on safety management;
26) copy of the document on compliance of the company;
27) certificate on protection of the vessel.
The vessel can have also other ship's papers, stipulated by the legislation and international treaties of Turkmenistan, and also the rules approved by Classification society.
2. The vessel used for health, quarantine and other control can not have the free board certificate and the certificate of measurement. Capacity of such vessel can be determined by the simplified method with issue of the corresponding certificate.
The vessel performing coastal swimming can not have ship, machine and sanitary magazines if other is not established by the state bodies of technical supervision exercising supervision of courts according to part three of article 19 of this Code.
3. The vessels leaving in foreign swimming except the established list of ship's papers, shall have the documents provided by international treaties of Turkmenistan and conventions of International Maritime Organization.
1. Small size vessels shall have the following ship's papers:
1) ship ticket;
2) the certificate on the validity to swimming;
3) list of faces of ship crew (muster roll).
2. The ship ticket which the vessel specified in part one of this Article shall have certifies the swimming right under National flag of Turkmenistan, vessel accessory on the property right to certain subject and vessel capacity.
1. The certificate on the swimming right under National flag of Turkmenistan, the ship ticket and the certificate on the property right to the vessel and the certificate on the minimum structure of crew are issued by the body performing registration of the vessel.
2. The certificate on the validity to swimming is granted by the body exercising technical supervision of the vessel according to parts two and third article 19 of this Code.
3. The certificate of measurement, the passenger certificate, the free board certificate, the certificate on prevention of pollution by oil, the certificate on prevention of pollution by sewage and the certificate on prevention of pollution by garbage are issued by Classification society. With its permission some categories of courts can not have the certificate of measurement or the free board certificate.
4. For the courts making the international flights, ship's papers provided by international treaties of Turkmenistan are issued by Classification society.
5. The license for ship radio station is granted according to article 8 of this Code.
6. The ship sanitary certificate about the right of swimming is granted by local authorities of the Public sanitary and epidemiologic service of Turkmenistan.
7. For issue of the documents specified in this Article according to the legislation of Turkmenistan charges are levied.
Recognition of ship's papers of the vessel floating under the flag of foreign state and visiting seaports of Turkmenistan is performed based on international treaties of Turkmenistan.
On the vessel there shall be originals of all ship's papers, except for certificates on the property right to the vessel and the ship ticket which copies shall be certified by the body which issued such documents.
1. The muster roll and magazines of courts specified in Items 13-19 of part one of Article of 21 of this Code are kept according to the rules established respectively by Authorized body in the field of water transport and Authorized body in the field of fishery.
2. The logbook is stored on the vessel within two years from the date of entering into it of the last record. After the specified term the logbook is checked in body in which the vessel is registered.
3. The logbook is provided for acquaintance and removal of copies from it to persons having the right to the relevant information.
In case of sale of the vessel out of limits of Turkmenistan the logbook is provided for acquaintance and removal of copies from it to persons having the right to the relevant information for the period, preceding sale of the vessel.
1. The vessel is subject to registration in one of registers of courts of Turkmenistan, including in:
1) State ship register;
2) to the ship book;
3) the bare-boat - the charter register.
2. In the State ship register or the ship book the property right and other corporeal rights to the vessel, and also restriction (encumbrance) of the rights to it are subject to registration (trust management, mortgage and others).
3. Registration in the State ship register or in the ship book of the vessel of the property right and other corporeal rights to the vessel, and also restrictions (encumbrances) of the rights to it is the single proof of existence of the registered right which can be disputed only judicially.
4. In the State ship register are subject to registration of court, technical supervision of which is exercised by bodies of technical supervision and classification of courts according to part two of article 19 of this Code.
In ship books are subject to registration of court, technical supervision of which is exercised by bodies of technical supervision according to part three of article 19 of this Code.
In the State ship register and ship books also other watercrafts which are vessel accessories are not subject to registration of the motor boat, the boat.
5. In the bare-boat - the charter register are subject to registration of court which according to part four of article 12 of this Code are temporarily granted the swimming right under National flag of Turkmenistan.
6. Registers of courts are open for any persons interested in receipt of information containing in them. Interested persons have the right properly to the drawn-up statement from registers of courts for a fee on rate according to the legislation of Turkmenistan.
1. Registration of the courts used for government non-commercial activities, except for warships, military auxiliary vessels and the boundary ships is performed in the State ship register or the ship book according to the rules established by this Section.
2. Vessels which registration is performed in other procedure than in that which is provided by part one of this Article, can be re-registered according to the rules established by this Section in case of use of such courts for commercial purposes.
1. Registration of the courts specified in part two of article 19 of this Code is performed by Authorized body in the field of water transport, except for vessels of the fishery fleet which registration is performed by Authorized body in the field of fishery.
2. Registration of the courts specified in part three of article 19 of this Code is performed by bodies of technical supervision of such courts.
For registration of courts in the State ship register, the ship book and the bare-boat - the charter register and for any changes made to them charges according to the procedure, established by the legislation of Turkmenistan are levied.
1. The vessel can be registered only in one of registers of courts.
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