Article 1. The basic concepts used in this Law Chapter 1. General provisions The Merchant Shipping Act

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions The Merchant Shipping Act

The following basic concepts are used in this Law:

1) emergency – an event with a vessel that led to disaster and entailed partial or complete loss (loss) of its seaworthiness, which led to damage by a vessel to another vessel (vessels), navigation equipment, shore facilities, loss or damage by a vessel to a towed object, death or injury to human health, loss of a person from the vessel, as well as causing harm to the environment;

1-1) emergency contribution – the amount of money that the recipient is obliged to pay to the carrier when delivering the cargo to him for reimbursement of expenses in the event of a general accident as security for payment of his share in general accident expenses;

2) recipient - a person authorized to receive cargo under a contract for the carriage of cargo by sea;

3) special personnel - persons who are not crew members, who are permanently on board in connection with the purpose of the vessel (engaged in the extraction and processing of marine living resources, scientific, engineering and technical workers, laboratory workers, workers and others);

4) bareboat charter is a type of chartering agreement under which the charterer undertakes, for a stipulated fee (freight), to provide the charterer with possession and use for a certain period of time a vessel or several vessels not equipped and manned for the carriage of passengers, baggage and cargo and other purposes of merchant shipping;

5) the usual route is the ship's route generally accepted in maritime practice.;

6) demerrage - payment for counter-downtime;

7) dispatch - remuneration to the charterer for the completion of loading of the vessel before the expiration of the stand-by time;

8) dispatch - a document drawn up by a dispatcher containing the calculation of losses and expenses for a general accident and their distribution between the parties involved in a common maritime enterprise;

9) dispatchers - persons with knowledge and experience in the field of maritime law, who make up the calculation according to the definition of the dispatch;

10) a unit of account is a unit of special drawing rights determined by the International Monetary Fund;

11) freight - payment for cargo transportation, as well as remuneration under bareboat charter and time charter agreements;

12) general maritime enterprise - property (ship, freight and cargo), at the expense of which the costs of a general accident are reimbursed.;

13) passenger - a person who is in a contractual relationship with the carrier and is indicated in a ticket or other document confirming his right to travel, or who, under a contract for the carriage of goods by sea, escorts a motor vehicle, animals and other cargo with the consent of the carrier.;

14) passenger ship - a vessel designed for transportation and carrying more than twelve passengers;

15) passenger certificate - a ship's document containing information about the maximum allowable number of passengers on a ship;

16) sender - the person sending the cargo in accordance with the contract of carriage by sea and specified in the shipping documents;

17) floating drilling rig - a vessel (floating structure) designed to perform drilling operations for exploration and (or) extraction of underground resources of the seabed;

18) cargo vessel - a vessel other than a passenger vessel intended for the carriage of goods;

19) incident - an incident or a series of incidents of the same origin, as a result of which damage has been caused or there is a serious and immediate threat of causing such damage.;

20) cabotage - transportation and towing in communication between seaports of the Republic of Kazakhstan, as well as from the port (point) of loading to the port (point) of unloading located in the jurisdiction of the Republic of Kazakhstan;

21) cabin baggage - the passenger's belongings, compactly packed and freely placed in the cabin or on shelves in common places, carried by him, within the limits of the established quantity and dimensions.;

21-1) professional diploma – a diploma issued to a member of the ship's crew and confirming his qualifications;

22) ship - a self-propelled or non-self-propelled floating structure, including a non-displacement vessel and a seaplane used for commercial navigation purposes;

23) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

24) shipowner is a person who operates a vessel on his own behalf, regardless of whether he owns the vessel or uses it on another legal basis.;

25) mortgage of a vessel - mortgage of a marine vessel subject to state registration, an inland waterway vessel, a river-sea navigation vessel, as well as a vessel under construction, arising on the basis of an agreement registered in the relevant register;

25-1) Register of Shipping - the republican state-owned enterprise for the classification and technical safety of ships, established by decision of the Government of the Republic of Kazakhstan;

26) pilotage of vessels - conducting vessels carried out by a pilot;

27) charterer - a party to a chartering agreement to which a vessel or several vessels are provided for a certain period of time for the carriage of passengers, baggage and cargo or other purposes of merchant shipping;

28) charterer - a party to a chartering agreement that provides a vessel or several vessels for a certain period of time for the carriage of passengers, baggage and cargo or other purposes of merchant shipping;

29) the owner of a vessel is a person registered as the owner of a vessel in accordance with the Rules of state registration of Vessels and Rights to them.;

30) vessel capacity - the ability of a vessel to accept a quantity of cargo for transportation, depending on the volume of its cargo spaces, calculated in cubic meters or cubic feet;

31) bill of lading - a document issued by the carrier to the sender and certifying acceptance of cargo for transportation;

32) stand-by time - the period of time during which the vessel is loaded beyond the stand-by time;

33) dangerous cargo - cargo that, due to its inherent properties during transportation, loading and unloading and storage, can cause an explosion, fire or damage to technical means, devices, buildings and structures, as well as death, injury or illness of people, animals, harm the environment;

34) pilot - a specialist with certain knowledge and skills in the field of safe navigation of vessels to the place of mooring, anchoring and rearranging vessels in the port;

35) pilotage service - the activity of a pilot (pilots);

36) an oil tanker is a cargo vessel built or adapted for the transportation and storage of oil and petroleum products;

37) actual carrier - a carrier that actually carries passengers, baggage and cargo or part of them.;

38) through bill of lading - a document issued by the carrier to the sender and certifying acceptance of the cargo for carriage, which stipulates that part of the carriage must be carried out by another carrier;

39) the water area of a port is the internal waters of the Republic of Kazakhstan, bounded by a line passing through the points of hydraulic engineering and other structures of ports furthest towards the sea or determined in accordance with international treaties ratified by the Republic of Kazakhstan.;

39-1) port facilities – sea terminals serving ships making international voyages, as well as the seaport water area, including parking areas, waiting areas, approaches to the seaport;

40) port towing - towing and performing maneuvers in the water area of the port, including for the entry of a vessel or other floating object into the port or its withdrawal from the port;

41) merchant shipping - the activity of transporting passengers, baggage and cargo by ships, as well as activities related to the use of ships for other commercial and non-commercial purposes (hydrographic, scientific, hydraulic engineering, rescue and others), with the exception of military vessels and border ships, boats used to perform their assigned functions;

42) stand-by time - the period of time during which the vessel is under loading without additional payment to the freight;

43) a sub-boat charter is a chartering agreement under which the charterer undertakes, for a stipulated fee (freight), to provide a vessel or several vessels not equipped or manned for the carriage of passengers, baggage and cargo and other merchant shipping purposes to third parties for a certain period of time.;

44) A sub-time charter is a chartering agreement under which the charterer undertakes to provide a vessel or several vessels equipped and manned for the carriage of passengers, baggage and cargo and other merchant shipping purposes to third parties for a fee for a certain period of time.;

44-1) removal of sunken property – actions aimed at preventing, reducing or eliminating the danger posed by sunken property, including lifting sunken property from the water or removing it from the shoal or shifting it beyond the established sea corridors, or destroying it, as well as, if necessary, a combination of these actions. The removal of sunken property also includes related work on the transportation and storage of sunken property.;

45) tugboat - a vessel designed for towing and mooring other vessels and floating structures;

46) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

47) time charter is a contract for chartering a vessel for a period of time, under which the charterer undertakes, for a stipulated fee (freight), to provide the charterer with the vessel and the services of the ship's crew members for use for a certain period of time for the carriage of passengers, baggage and cargo and other purposes of merchant shipping;

48) rules of transportation - regulatory legal acts regulating the activities of maritime transport in the transportation of passengers, baggage, and cargo, approved by the authorized body;

49) carrier - a shipowner who provides services for the transportation of passengers, baggage, mail and cargo and is indicated in the transportation documents;

50) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

51) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

52) means of navigational situation of sea routes - lighthouses, buoys and other navigation equipment ensuring safety of navigation;

53) sea waybill is a transportation document issued during the transportation of goods by sea;

53-1) marine training and training center - a legal entity that provides training (retraining) and advanced training for maritime transport specialists in accordance with international requirements;

54) seaport - a complex of facilities located on land plots provided in accordance with the procedure established by the legislation of the Republic of Kazakhstan, intended for servicing ships, passengers, baggage and cargo operations, as well as for other purposes of maritime transport;

55) maritime claim - a claim made in connection with the use of ships for commercial navigation purposes (compensation for damage, payment of fees, etc.);

56) a marine terminal is a specialized area in a seaport, including a set of technical facilities, engineering structures, lifting and transport and other equipment that provide conditions for loading (unloading) goods, storing them, handling vehicles adjacent to a marine mode of transport, as well as boarding, disembarking and other passenger services.;

57) the operator of a marine terminal is a person who owns, by right of ownership or on other legal grounds, a terminal in a seaport;

57-1) offshore towing - towing of a vessel or other floating object for a certain distance;

57-2) maritime protest - a statement by the ship's captain about an incident that occurred during the voyage or parking of the ship, which may be the basis for filing property claims against the shipowner in order to provide evidence.;

58) authorized body - the central executive body responsible for management in the field of merchant shipping, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, inter-sectoral coordination;

58-1) National maritime carrier - a legal entity providing services for the maritime transportation of passengers, baggage, mail, and cargo in international traffic and designated by an authorized body;

59) charter is a type of contract for the carriage of passengers, baggage, and cargo by sea, in which the entire vessel, part of it, or certain ship premises are provided to the sender.;

59-1) small vessel – a vessel with a length of not more than twenty meters with a permissible number of people on board of not more than twelve people, except for vessels built or equipped for fishing, cargo transportation, towing, prospecting, exploration and mining, construction, track, hydraulic engineering and other similar works, pilotage and icebreaking, as well as the implementation of measures to protect water bodies from pollution and clogging;

60) a foreign classification society is a foreign organization that carries out technical supervision, inspection and classification of vessels, as well as the inspection of educational organizations that train (retrain) and improve the skills of maritime transport specialists, marine training and training centers and recognized by an authorized body in accordance with the procedure established by international treaties of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.

This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases