Article 39. General provisions Chapter 8. Vessel lease of the Law on Inland Waterway Transport
1. The vessel is leased in accordance with the civil legislation of the Republic of Kazakhstan and the rules established by this chapter.
The rules established by this chapter apply, unless otherwise stipulated by the lease agreement.
2. The lease of a crewed vessel provides for the provision of services by the lessor to the lessee of the vessel for the management of the vessel and its technical operation.
3. The lease of a vessel without a crew does not include the provision by the lessor of services for the management of the vessel and its technical operation.
4. It is not allowed to impose penalties arising from claims against the lessee by third parties on the leased vessel.
5. The alienation of a vessel during the term of the lease agreement does not entail the termination of its validity, while the new owner acquires all the rights and obligations provided for in such an agreement in accordance with the procedure established by the civil legislation of the Republic of Kazakhstan.
The person from whom the vessel is alienated is obliged to notify the person acquiring ownership of the vessel of the lease agreement concluded in respect of the alienated vessel. It is the duty of the person acquiring ownership of the vessel to notify the lessee of the vessel about the change of ownership.
6. The transfer of the vessel for lease and the return of the vessel are carried out at the place specified in the lease agreement. The costs associated with the delivery of the vessel to the place specified in the contract shall be borne by the party transferring the vessel, unless otherwise provided by the lease agreement.
7. The lease agreement provides for the term of transfer of the vessel to the possession and use of the lessee, indicating the dates of the beginning and end of such period. The Lessee is not obliged to take possession and use of the vessel earlier than the date of such period. The Lessee is obliged to take possession of the vessel before the expiration date of such period. In the event that the vessel is not provided for the possession and use of the lessee within the period specified in the lease agreement, the lessee has the right to demand termination of the lease agreement. The lessor also has the right to terminate the lease agreement if the vessel has not been accepted by the lessee after the expiration date of such period.
The procedure for changing and terminating the lease agreement is carried out in accordance with the Civil Code of the Republic of Kazakhstan.
8. The lessee has the right to sublet the vessel with the consent of the lessor.
Upon conclusion of a sublease agreement, the person transferring the vessel acquires the rights and obligations provided for by the legislation of the Republic of Kazakhstan for lessors in relation to the person to whom the vessel is sublet, but at the same time retains the rights and obligations provided for by the legislation of the Republic of Kazakhstan and the lease agreement in relation to the person from whom the vessel was previously leased rent or sublease.
A sublease agreement may not be concluded for a period exceeding the term of the lease agreement.
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..
President
Republic of Kazakhstan
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