Article 36. The rights and duties of the ship's captain of the Law on Inland Waterway Transport

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1. The orders of the ship's captain, given within the limits of his authority, must be executed by all persons on board the ship.

2. The captain of the vessel has the right:

1) to remove crew members from their official duties in accordance with the legislation of the Republic of Kazakhstan;

2) apply incentives and impose disciplinary penalties on ship's crew members in accordance with the procedure established by the labor legislation of the Republic of Kazakhstan;

3) to certify the will of a person who is on board the vessel during the voyage, while the will certified by the captain of the vessel is equivalent to a notarized one in accordance with the legislation of the Republic of Kazakhstan on notarization.

3. The captain of the vessel is obliged to:

1) to provide assistance to a person in distress on the water, if this does not entail danger to his vessel and the persons on it.;

2) in the event of a ship collision, provide assistance to another ship involved in the collision, its passengers and crew members, while the captains of the colliding ships are obliged to inform each other of the names of their ships.;

3) if a member of the ship's crew or a passenger needs urgent medical care that cannot be provided while the ship is at sea, enter the nearest port with notification of the ship's owner and (or) shipowner, and when the ship enters a foreign port with notification of the Consul of the Republic of Kazakhstan and the agent the shipowner (if there is such an agent in a foreign port);

4) in the event of the disappearance of a ship's crew member or passenger under circumstances allowing for the possibility of his death, make an entry in the ship's log, draw up an act, as well as an inventory of the property of the disappeared ship's crew member or passenger on board, and transfer the said act and property to the captain of the nearest port;

5) in the case of the birth of a child on the ship or in each case of death on the ship, the captain is obliged to draw up an appropriate act with the participation of two witnesses and a doctor, if available on the ship, as well as to make an entry in the ship's log;

6) notify the owner of the vessel and (or) the shipowner of the death on the vessel and take measures to preserve the body of the deceased and transfer it to relatives or the administration of the nearest port;

7) make an inventory and ensure the safety of the deceased's property on the ship before transferring such property according to the inventory to the relatives of the deceased or the administration of the nearest port;

8) isolate a person whose actions pose a threat to the safety of the vessel or the people and property on it;

9) if an act containing signs of a criminal offense provided for by the criminal legislation of the Republic of Kazakhstan is discovered on a ship in transit, immediately inform law enforcement agencies about it and detain a person suspected of committing such a criminal offense before transferring it to the specified authorities in the nearest port or locality.;

10) in the event of an attack on a ship by persons with the aim of committing unlawful acts, act in coordination with the internal affairs and national security authorities and in accordance with the procedure established by the authorized body.

4. In the event of illness or other reason that prevents the ship's captain from performing his official duties, as well as his death, the duties of the ship's captain are assigned to the senior assistant to the ship's captain until receiving the order of the ship's owner and (or) shipowner.

The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.

This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..

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