Article 165. Evidence and materials on the basis of which the dispatch of the Law on Merchant Shipping is drawn up
1. The Party requesting the distribution of the total accident is obliged to prove that the claimed losses should indeed be recognized as a general accident.
2. A person whose interests may be affected by the preparation of a dispatch shall submit to the dispatcher a written application for losses or expenses, which he requires compensation for, within twelve months from the date of termination of the general maritime enterprise.
If such an application has not been submitted, or within twelve months after the request for such an application, the person does not provide evidence to substantiate the claim or data on the value of the property, the dispatcher has the right to draw up a dispatch based on the information available to him. In this case, the disputation can be challenged only on the grounds that it is clearly incorrect.
3. If issues arise during the preparation of the dispatch that require special knowledge to resolve them (in the field of navigation, shipbuilding, ship repair, ship and cargo assessment, as well as other special knowledge), the dispatcher has the right to entrust the preparation of an appropriate conclusion to an expert appointed by him. Such a conclusion is evaluated by the dispatcher along with other evidence.
4. The materials on the basis of which the dispatch is drawn up must be open for review, and the dispatcher, at the request of interested persons, must provide them with certified copies of these materials at their expense.
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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