Article 31. Duties of the ship's captain of the Merchant Shipping Act

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1. The captain of the vessel is obliged to:

1) to comply with the orders of the shipowner and the charterer in accordance with Article 129 of this Law;

2) to provide assistance to a person in distress at sea, if this assistance can be provided without serious danger to his vessel, its crew and passengers.;

3) in the event of a vessel collision, take appropriate measures to rescue another vessel, if these measures can be taken without serious danger to their vessel, its crew and passengers, informing, if possible, the names of their vessels, their ports of registration, as well as the ports of departure and destination.;

4) if a person on board a ship needs urgent medical care that cannot be provided while the ship is at sea, enter the nearest port or take measures to deliver such person to the nearest port, notifying the shipowner; when the ship enters a foreign port or delivers such person persons to a foreign port should also notify the consular institution of the Republic of Kazakhstan;

5) in the event of military operations in the area of the port of departure or the port of destination or in the area through which the vessel must pass, as well as in other cases of military danger, take all measures to ensure the safety of people on board, prevent the death and seizure of the vessel, the safety of ship documents, cargo and other property;

6) in the event of a threat of shipwreck, take measures to ensure the safety of passengers on board and the safety of ship's and other documents.;

7) leave the ship last in the event of a threat of shipwreck after all measures have been taken to ensure the safety of passengers by the ship's crew.;

8) if necessary, send the person specified in subparagraph 6) of Article 30, together with the materials of the inquiry to the Republic of Kazakhstan on another vessel flying the National flag of the Republic of Kazakhstan.;

9) if practicable, if possible, before the vessel enters the territorial waters of a foreign state, notify its competent authorities of its intention to transfer to them the person specified in subparagraph 7) of Article 30 and the reasons for his transfer, as well as provide the said authorities with the available evidence.;

10) if signs of a crime provided for by the criminal legislation of the Republic of Kazakhstan are found on the ship during its stay in the port of the Republic of Kazakhstan, immediately inform law enforcement agencies about it.;

11) perform the functions of the body of inquiry in accordance with the criminal procedure legislation of the Republic of Kazakhstan in case of detection of signs of a crime provided for by the criminal legislation of the Republic of Kazakhstan on a ship on a long voyage;

12) make an entry in the ship's log about the facts of the birth or death of a citizen;

13) in the event of the death of a citizen, notify the spouse or one of the close relatives, as well as ensure the safety of the deceased's body and property on the ship, with their transfer according to the inventory to the captain of the first port of the Republic of Kazakhstan, into which the ship will enter;

14) take measures to disinfect the corpse of a deceased person or animal in case of suspicion of a quarantine or especially dangerous infectious disease.;

15) take measures to preserve and send the body of the deceased to his homeland. In the absence of such an opportunity, bury the body of the deceased or cremate it and send the urn with ashes to his homeland.;

16) inform the shipowner about the emergency and, in accordance with the Rules for Investigating Accidents with Ships, upon arrival of the vessel or its crew at the first Kazakh port.:

Submit an emergency statement and a technical report to the port captain within 24 hours.;

within three days, submit to the port captain a detailed report on the emergency, extracts from ship's documents, explanations of the persons involved and witnesses.;

17) inform the maritime administration of the port about the detected pollution in the territorial waters of the Republic of Kazakhstan;

18) inform the maritime administration of the port about an incident with its vessel that caused pollution of the territorial waters of the Republic of Kazakhstan or created a threat of such pollution.

A message is provided in any case when an incident entails:

discharge from a ship or possible discharge of oil, harmful substances and waters containing them for any reason and in any form and packaging;

damage, breakdown or accident of a vessel with a length of 15 meters or more that affects the safety of the vessel, including collision, stranding, fire, explosion, structural failure, flooding and displacement of cargo, as well as lead to a deterioration in the safety of navigation, including damage or destruction of the steering mechanism, power plant, electrical system, and the need for additional assistance from another vessel to ensure navigation.

In an exceptional case, if the ship has to stay at sea for a long time and the body of the deceased cannot be preserved, commit the body of the deceased to the sea in accordance with maritime customs with the preparation of an appropriate act.

2. For violation of the obligation specified in subparagraph 2) of paragraph 1 of this Article, the captain of the vessel shall be liable in accordance with the legislative acts 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

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