Article 4. Public administration in the sphere of merchant shipping The Merchant Shipping Act

Home / RLA / Article 4. Public administration in the sphere of merchant shipping The Merchant Shipping Act

1. Excluded by the Law of the Republic of Kazakhstan dated 06/02/2005 No. 55 (effective from the date of its official publication).

2. The competence of the Government of the Republic of Kazakhstan in the field of merchant shipping includes:

1) development of the main directions of state policy in the field of merchant shipping, strategic and tactical measures for its implementation;

2) excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (effective from 01.01.2005);

2-1) approval of the Rules for the transfer of seaports with the status of international importance in payment for shares of a national management holding, a national holding company, or a national company;

3) implementation of interstate and international cooperation in the field of merchant shipping;

4) making decisions on the prohibition of transit passenger traffic on the territory of the Republic of Kazakhstan;

5) making decisions on bans on the import, export, and transit of baggage and cargo on (c) the territory of the Republic of Kazakhstan;

6) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

7) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

8) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

9) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

10) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

10-1) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

11) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

12) excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (effective from 01.01.2005);

13) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

14) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

15) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

15-1) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

16) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

17) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

18) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

19) - 31-1) are excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

31-2) approval of the sample of the seafarer's identity card of the Republic of Kazakhstan and the requirements for its protection, as well as the procedure for its registration, issuance, replacement, delivery, seizure and destruction;

31-3) approval of the rules of navigation and hydrographic support of marine activities in the Kazakh sector of the Caspian Sea;

32) exercise of other powers provided for by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

2-1. The authorized body acts as the Maritime Administration of the Republic of Kazakhstan within the limits of its powers determined by the Government of the Republic of Kazakhstan.

3. The competence of the authorized body includes:

1) participate, within the limits of their competence, in the implementation of interstate and international cooperation in the field of merchant shipping and represent the interests of the Republic of Kazakhstan in international organizations, including ensuring the implementation of international treaties;

2) excluded by the Law of the Republic of Kazakhstan dated January 13, 2014 No. 159-V (effective ten calendar days after the date of its first official publication);

2-1) development of Rules for the transfer of seaports with the status of international importance in payment for shares of a national management holding, a national holding company, or a national company;

2-2) excluded by the Law of the Republic of Kazakhstan dated 04/19/2019 No. 249-VI (effective ten calendar days after the date of its first official publication);

3) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

4) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

5) approval of the regulations on the captain of the seaport;

5-1) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

6) making a decision on granting the right to sail under the National flag of the Republic of Kazakhstan and temporarily transferring the vessel to the flag of a foreign state;

6-1) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

7) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

8) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

9) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

9-1) investigation of transport accidents involving vessels subject to state registration in the ship's register;

10) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

11) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

12) approval of the list of positions (professions) of employees of the state control in maritime transport who are issued uniforms (without shoulder straps), samples of uniforms and insignia, the order of wearing uniforms (without shoulder straps);

13) excluded by the Law of the Republic of Kazakhstan dated 07/15/2011 No. 461-IV (effective from 01/30/2012);

13-1) excluded by the Law of the Republic of Kazakhstan dated 07/15/2011 No. 461-IV (effective from 01/30/2012);

14) excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (effective from 01.01.2005);

15) implementation of the state registration of ships and their rights in the ship register;

16) control over the safety of navigation, carried out through the maritime administration of the port;

17) issuance of a permit for the operation of a vessel flying the flag of a foreign state in the Kazakh sector of the Caspian Sea;

18) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

19) investigation and classification of accidents involving ships in accordance with the Rules approved by the authorized body;

20) control and supervision of compliance with the requirements for manning the ship's crew;

21) excluded by the Law of the Republic of Kazakhstan dated 07/15/2011 No. 461-IV (effective from 01/30/2012);

22) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

23) control and supervision of the safe operation of port facilities;

23-1) determination of the list of requirements, the violation of which entails the use of rapid response measures, as well as the definition of specific violations of the requirements of a specific type of rapid response measure, indicating the duration of this measure (if necessary).

The list of requirements, the violation of which entails the use of rapid response measures, includes requirements that are subject to state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.;

23-2) approval of forms of acts of supervision in the field of merchant shipping;

24) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

25) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

26) interaction with the state bodies of the Republic of Kazakhstan on issues of ensuring safety in water transport;

27) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

28) checking the availability of ship's documents on the ship;

29) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

30) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

31) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

32) state control and supervision over compliance by individuals and legal entities with the requirements of regulatory legal acts of the Republic of Kazakhstan defining the procedure for the functioning of water transport, identification and taking measures to curb their violations;

33) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

34) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

35) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

36) excluded by the Law of the Republic of Kazakhstan dated December 28, 2010 No. 369-IV (effective after ten calendar days after its first official publication);

37) request from individuals and legal entities the necessary information, materials, and background information on all issues within the competence of the authorized body;

38) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

39) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

40) drawing up, within its competence, acts based on the results of inspections and making prescriptions for the elimination of identified violations of the legislation of the Republic of Kazakhstan on merchant shipping, standardization documents and standards governing the functioning of water transport;

40-1) consideration of draft standardization documents within the scope of competence, as well as preparation of proposals for the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations on standardization for submission to the authorized body in the field of standardization;

41) drawing up protocols, conducting proceedings on cases of administrative offenses in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;

42) carrying out, in accordance with the procedure and cases provided for by the legislation of the Republic of Kazakhstan, administrative detention of marine and small vessels, inspection of marine and small vessels;

42-1) suspension and prohibition of movement (operation) of small vessels in the presence of threats to the safety of navigation, human life and health, the environment, and the safety of cargo;

43) seizure of documents, goods, other property and objects belonging to a legal entity that were the instrument of commission or the direct object of an administrative offense, found at the place of commission of an administrative offense or during an inspection of territories, premises, vehicles, goods, other property and objects belonging to a legal entity;

44) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

45) involvement of relevant specialists to participate in expert examinations on issues within the competence of the authorized body;

46) submitting proposals to state bodies on measures to prevent accidents and transport accidents, violations of the rules of operation of water transport;

47) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

48) approval of the Rules for the Classification and Construction of Naval Vessels;

49) approval of the Rules on the cargo mark of ships;

49-1) approval of the rules for measuring vessels;

50) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

51) approval of the Rules for the inspection of lifting devices of marine vessels;

52) approval of the Rules for providing meals to the crews of naval vessels;

53) establishing the specifics of regulating the working hours and rest periods of the sailing staff of the ships of the Navy of the Republic of Kazakhstan in coordination with the authorized state body for labor;

54) establishment of the specifics of the regulation of seafarers' work and remuneration in coordination with the authorized state body for labor;

54-1) approval of the procedure for issuing a certificate of the minimum crew of the vessel;

54-2) development and approval of the form of the certificate of the minimum crew of the vessel;

55) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

55-1) definition of an authorized organization for the provision of services in the field of navigation and communications in the field of maritime navigation;

55-2) approval of the Rules for the State Registration of Ships and their Rights;

55-3) approval of samples of a professional diploma, confirmation of a professional diploma, rules of certification of seafarers;

55-4) approval of the list of dangerous goods intended for transportation by ships;

55-5) approval of a sample of a nautical record book, the procedure for its registration and issuance;

55-6) approval of the rules for issuing permits for the operation of a vessel flying the flag of a foreign state in the Kazakh sector of the Caspian Sea;

55-7) adoption of a decision on recognition of a foreign classification society on the basis of international treaties of the Republic of Kazakhstan;

55-8) determination of the authorized organization for the inspection of educational organizations engaged in training (retraining) and advanced training of maritime transport specialists, marine training and training centers;

55-9) approval of regulations for the equipment of marine vessels;

55-10) approval of technical regulations in the field of merchant shipping;

55-11) approval of the rules of navigation and parking of vessels in seaports of the Republic of Kazakhstan and on approaches to them;

55-12) approval of the rules for investigating accidents involving ships;

55-13) approval of the list of ship's documents, rules for maintaining ship's documents and requirements for ship's documents;

55-14) approval of the rules of transportation of passengers, baggage and cargo;

55-15) approval of the rules for the operation of seaports, including seaports with the status of international importance, port facilities and seaport waters;

55-16) establishment of minimum crew requirements;

55-17) approval of the rules for the investigation of transport accidents involving vessels subject to state registration in the ship's register;

55-18) approval of the rules for the certification of boatmasters for the right to operate a small vessel;

55-19) approval of the rules for the use of small vessels and bases (facilities) for their parking;

55-20) approval of the form and procedure for maintaining a continuous log of the ship's history;

55-21) approval of the Charter of service on ships of maritime transport of the Republic of Kazakhstan;

55-22) approval of the list and forms of certificates for training maritime transport specialists in accordance with the requirements of international treaties of the Republic of Kazakhstan in the field of merchant shipping;

55-23) determining the location of seaports for their construction;

55-24) approval, in coordination with the central authorized body for budget planning, of in-kind standards for providing state control personnel in maritime transport with uniforms (without shoulder straps);

55-25) approval of the rules for issuing certificates of insurance or other financial support for civil liability for damage caused by oil pollution;

55-26) development and approval of rules on technical supervision of deck-based small vessels;

55-27) approval of the procedure for maintaining registers of seafarer's identity cards of the Republic of Kazakhstan, professional diplomas, confirmations of professional diplomas, preferential permits, and nautical books;

55-28) approval of the rules for medical examination of ship's crew members, requirements for their state of health and physical fitness, as well as the form of a medical report in coordination with the authorized body in the field of healthcare.;

55-29) is excluded by the Law of the Republic of Kazakhstan dated 05.05.2017 No. 59-VI (effective after ten calendar days after the date of its first official publication);

55-30) approval of the rules for the inspection of educational organizations engaged in training (retraining) and advanced training of specialists in maritime transport, marine training and training centers and requirements for them;

55-31) approval of the rules for determining the authorized organization for the inspection of educational organizations engaged in training (retraining) and advanced training of maritime transport specialists, marine training and training centers;

55-32) is excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication). 55-33) is excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication). 55-34) is excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

55-35) Approval of the port facility security assessment report and the port facility security plan and amendments thereto;

55-36) approval of rules and requirements for the protection of ships and port facilities;

55-37) identification of an authorized organization to conduct a port facility security assessment and develop a port facility security plan;

55-38) approval of the list of water basins depending on the category of navigation areas for small vessels;

55-39) approval, in coordination with the authorized body in the field of environmental protection, of rules for the prevention of pollution from ships;

55-40) participation in the investigation of accidents involving ships on the territory of other States;

55-41) approval of the rules for granting the status of a seaport;

55-42) approval of the rules for the application of prices (tariffs) for mandatory seaport services;

55-43) approval of the rules of navigation in the territorial waters of the Republic of Kazakhstan;

55-44) approval of the rules for the inspection of marine vessels;

55-45) approval of the rules for issuing and the form of a certificate of insurance or other financial support for responsibility for the removal of wrecks;

55-46) approval of the rules for the disposal of sunken property;

56) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

3-1. When organizing the construction and reconstruction of transport infrastructure facilities in the field of merchant shipping, local executive bodies coordinate projects with the authorized body.

3-2. The competence of local executive bodies includes:

1) issuance of certificates for the right to operate self-propelled small vessels;

2) accounting of training courses for boatmasters of small vessels;

3) coordination of design, placement, construction and operation of coastal facilities.

4. The competence of the Ministry of Defense of the Republic of Kazakhstan includes:

1) implementation of navigation and hydrographic support of sea routes;

2) development and approval of rules for the establishment of areas prohibited for swimming and temporarily dangerous for swimming;

3) development and approval of the regulations on the hydrographic support service of the Naval Forces of the Armed Forces of the Republic of Kazakhstan;

4) development of rules for navigation and hydrographic support of marine activities in the Kazakh sector of the Caspian Sea.

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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