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Home / RLA / Article 11. Nationality of the vessel. The right to sail under the National flag of the Republic of Kazakhstan The Merchant Shipping Act

Article 11. Nationality of the vessel. The right to sail under the National flag of the Republic of Kazakhstan The Merchant Shipping Act

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 11. Nationality of the vessel. The right to sail under the National flag of the Republic of Kazakhstan The Merchant Shipping Act

     1. A vessel using the right to sail under the National flag of the Republic of Kazakhstan has the nationality of the Republic of Kazakhstan.

     2. A vessel having the nationality of the Republic of Kazakhstan is obliged to carry the National Flag of the Republic of Kazakhstan.

      3. A vessel acquires the right to sail under the National flag of the Republic of Kazakhstan from the moment of its state registration in one of the registers of vessels of the Republic of Kazakhstan specified in paragraph 1 of Article 16 of this Law.

     3-1. The right to sail under the National flag of the Republic of Kazakhstan is granted to vessels owned by:

     1) States;

     2) citizens and non-governmental legal entities registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     3) foreign legal entities operating in the Caspian Sea in accordance with the production sharing agreement (contracting companies, operators, agents), while the specifics of granting the right to sail under the State flag of the Republic of Kazakhstan to such vessels are determined by the Rules of State Registration of Vessels and Rights to them.

     4. A vessel acquired in ownership outside the Republic of Kazakhstan shall enjoy the right to sail under the State flag of the Republic of Kazakhstan from the moment the consular service of the Republic of Kazakhstan issues a temporary certificate certifying such right and valid until the state registration of the vessel in the State Ship Registry of Sea Vessels, the International Ship Registry of the Republic of Kazakhstan or the ship registry, but not more than one year.

     5. The right to sail under the State flag of the Republic of Kazakhstan on the basis of a decision of the authorized body in accordance with the procedure provided for by the Rules of State registration of Ships and rights to them may be temporarily transferred to a vessel registered in the register of ships of a foreign state, provided for use under bareboat charter.:

     1) to the Kazakh charterer;

     2) to a foreign legal entity operating in the Caspian Sea through branches registered in accordance with the established procedure in the Republic of Kazakhstan, in accordance with the production sharing agreement (contracting companies, operator, agents, subcontractors).

      6. For raising the National Flag of the Republic of Kazakhstan on a vessel that does not use the right to sail under this flag, the perpetrators are responsible, as established by 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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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