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

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1.excluded by the law of the Republic of Kazakhstan dated 02.06.2005 No. 55.

2. the competence of the Government of the Republic of Kazakhstan in the field of maritime navigation for trade purposes:

1) development of the main directions of the state policy in the field of maritime navigation for trade purposes, strategic and tactical measures for its implementation;

2) (excluded)

2-1) approval of the rules for the transfer of seaports with the status of international significance for payment in shares by the national managing holding, national holding, national company;

3) implementation of interstate and international cooperation in the field of maritime navigation for trade purposes;

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

5) making decisions on banning the import, export, transit of baggage and cargo into the territory of the Republic of Kazakhstan;

6)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

7)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

8) excluded by the law of the Republic of Kazakhstan dated 10.07.2012 No. 36 - V (entered into force on the expiration of ten calendar days after its first official publication);

9)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

10)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

10-1) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

11) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

12) (excluded)

13)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

14)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

15)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

15-1) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

16) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

17)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

18) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

19)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

20)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

21)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

22)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

23)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

24)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

25) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

26)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

27)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

28)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

29)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

30)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

31)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

31-1) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

31-2) approval of the sample identity card of a sailor of the Republic of Kazakhstan and the requirements for its protection, as well as the procedure for its registration, issuance, replacement, transfer, withdrawal and destruction;

31-3) approval of the rules for navigation and Hydrographic support of maritime activities in the Kazakhstan sector of the Caspian Sea;

32) exercise of other powers stipulated by the Constitution of the Republic of Kazakhstan, this law, other laws 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 powers determined by the Government of the Republic of Kazakhstan.

3. the competence of the authorized body includes:

1) participation within its competence in the implementation of interstate and international cooperation in the field of maritime navigation for trade purposes and representation of 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 13.01.2014 No. 159 - V (entered into force on the expiration of 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 significance for the payment of shares of the national managing holding, national holding, national company;

2-2) excluded by the law of the Republic of Kazakhstan dated 19.04.2019 No. 249-VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

3) ensuring control and supervision over compliance by individuals and legal entities with legislative acts and other regulatory legal acts establishing the procedure for the operation of sea transport;

4) excluded by the law of the Republic of Kazakhstan dated 10.07.2012 No. 36 - V (entered into force on the expiration of ten calendar days after its first official publication);

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

5-1) is excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (entered into force on the expiration of ten calendar days after its first official publication) ;

6) making a decision on granting the right to sail with the national flag of the Republic of Kazakhstan and temporarily transferring the ship to sail with the flag of a foreign state;

6-1) is excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (entered into force on the expiration of ten calendar days after its first official publication) ;

7) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

8) excluded by the law of the Republic of Kazakhstan dated 04.07.2013 No. 132 - V (entered into force on the expiration of ten calendar days after its first official publication);

9)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

9-1) inspection of transport accidents on ships subject to state registration in the ship book;

10) excluded by the law of the Republic of Kazakhstan dated 04.07.2013 No. 132 - V (entered into force on the expiration of ten calendar days after its first official publication);

11) excluded by the law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (entered into force on the expiration of ten calendar days after its first official publication);

12) approval of the list of positions (professions) of employees of state control over sea transport, issued in uniform (without shoulder straps), samples of uniform (without shoulder straps) and insignia, the procedure for wearing uniform (without shoulder straps); - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

13) excluded by the law of the Republic of Kazakhstan dated 15.07.2011 No. 461 - IV (entered into force on the expiration of six months after its first official publication);

13-1) is excluded by the law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (entered into force on the expiration of six months after its first official publication) ;

14) (excluded)

15) implementation of state registration of vessels and rights to them in the ship book;

16) control over ensuring the safety of sea navigation carried out through the Maritime Administration of the port;

17) permission to operate a vessel flying the flag of a foreign state in the Kazakh sector of the Caspian Sea; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

18)excluded by the law of the Republic of Kazakhstan dated 24.05.2018 No. 156 - VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

19) investigation and classification of accidents with vessels in accordance with the rules approved by the authorized body;

20) Control and supervision over compliance with the requirements for the staffing of the ship's crew;

21) excluded by the law of the Republic of Kazakhstan dated 15.07.2011 No. 461 - IV (entered into force on the expiration of six months after its first official publication);

22) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

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

23-1) determining the list of requirements, the violation of which entails the application of operational response measures, as well as determining the specific type of operational response measure, indicating the period of validity of this measure (if necessary) in relation to specific violations of the requirements.

The list of requirements, the violation of which entails the application of operational response measures, includes requirements that are the subject of 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 maritime navigation for trade purposes;

24) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

25) excluded by the law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (entered into force on the expiration of ten calendar days after its first official publication);

26) interaction with state bodies of the Republic of Kazakhstan on ensuring safety in water transport; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

27) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

28) verification of the presence of ship documents on the ship;

29) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

30) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

31)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

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

33) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 – IV (entered into force on the expiration of ten calendar days after its first official publication);

34)excluded by the law of the Republic of Kazakhstan dated 24.05.2018 No. 156 – VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

35) excluded by the law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (entered into force on the expiration of ten calendar days after its first official publication);

36) excluded by the law of the Republic of Kazakhstan dated 28.12.2010 No. 369 - IV (entered into force on the expiration of ten calendar days after its first official publication);

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

38) excluded by the law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

39) excluded by the law of the Republic of Kazakhstan dated 10.07.2012 No. 36 - V (entered into force on the expiration of ten calendar days after its first official publication);

40) drawing up acts based on the results of inspections within its competence and making instructions on elimination of identified violations of the legislation of the Republic of Kazakhstan on maritime navigation for trade purposes, documents on standardization and norms defining the procedure for the operation of water transport;

40-1) consideration of draft documents on standardization within its competence, as well as preparation of proposals for the development, amendment, revision and cancellation of national, interstate standards, classifiers of national technical and economic information and recommendations on standardization for inclusion in the authorized body in the field of standardization;-excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII

41) drawing up protocols, conducting proceedings on cases of administrative offenses in accordance with the legislation of the Republic of Kazakhstan on administrative offenses; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

42) carry out administrative maintenance of sea and small vessels in accordance with the procedure and conditions provided for by the legislation of the Republic of Kazakhstan, conduct inspection of sea vessels; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

42-1) suspension and Prohibition of movement (operation) of small vessels in the presence of a threat to the safety of navigation, life and health of people, the environment, and the safety of cargo; - excluded by the law of the Republic of Kazakhstan dated June 11, 2026 No. 306-VIII kr

43) seizure of documents, goods, other property and things belonging to a legal entity, which were a means or direct object of committing an administrative offense, found at the place of committing an administrative offense or during the inspection of the territory, premises, vehicles, goods, other property and things belonging to a legal entity; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII

44)excluded by the law of the Republic of Kazakhstan dated 24.05.2018 No. 156 - VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

45) involvement of relevant specialists for participation in examinations on issues referred to the competence of the authorized body ;- excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

46) making proposals to state bodies on measures to prevent accidents and transport accidents, violations of the rules for the operation of water transport; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

47) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

48) approval of the rules for the classification and construction of sea vessels;

49) approval of the rules on the cargo brand of sea vessels;

49-1) approval of rules for measuring vessels;

50)excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (entered into force on the expiration of ten calendar days after the date of its first official publication);

51) approval of the rules for certification of lifting devices of sea vessels;

52) approval of the rules for providing food to crews of sea vessels;

53) establishment of features of regulation of working hours and rest time of the sailing composition of ships of the Navy of the Republic of Kazakhstan in agreement with the authorized state Labor body;

54) establishment of specifics of regulation of Labor and wages of seafarers in agreement with the authorized state Labor body; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

54-1) approval of the procedure for issuing a certificate of the minimum composition of the ship's crew;

54-2) development and approval of the form of a certificate of the minimum composition of the ship's crew;

55) excluded by the law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (entered into force on the expiration of ten calendar days after the date of its first official publication);

55-1) determination of an authorized Organization for the provision of services in the field of navigation and communications within the framework of maritime navigation;

55-2) approval of the rules for state registration of vessels and rights to them;

55-3) approval of samples of professional diplomas, confirmation of professional diplomas, rules for issuing diplomas to sailors;

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

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

55-6) approval of the rules for issuing a permit for the operation of a vessel flying the flag of a foreign state in the Kazakh sector of the Caspian Sea; -excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

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

55-8) determination of an authorized Organization for certification of educational organizations that carry out training (retraining) and advanced training of specialists of sea transport, marine training and simulator centers;

55-9) approval of rules for equipping sea vessels;

55-10) approval of technical regulations in the field of sea navigation for trade purposes; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

55-11) approval of the rules for navigation and parking of vessels in seaports of the Republic of Kazakhstan and at their entrances;

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

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

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

55-15) approval of the rules for the operation of seaports, including seaports with the status of international significance, port facilities and the sea port water area;

55-16) establishment of requirements for the minimum composition of the ship's crew; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

55-17) approval of the rules for investigating transport accidents with vessels subject to state registration in the ship's book;

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

55-19) approval of the rules for the operation of small vessels and bases (structures) intended for their stop;

55-20) approval of the form of the Journal of continuous registration of the ship's history and the procedure for maintaining it;

55-21) approval of the Charter of service on sea transport vessels of the Republic of Kazakhstan;

55-22) approval of the list and forms of certificates of training of maritime transport specialists in accordance with the terms of international treaties of the Republic of Kazakhstan in the field of maritime navigation for trade purposes;

55-23) determination of the procedure for placing seaports for their construction;

55-24) approval of natural standards for providing employees of state control over maritime transport with uniforms (without shoulder straps) in coordination with the central authorized body for budget planning; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

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

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

55-27) approval of the procedure for maintaining registers of identity cards, professional diplomas, confirmations of professional diplomas, preferential permits, sea navigation books of a sailor of the Republic of Kazakhstan;

55-28) approval of the rules for medical examination of ship crew members, requirements for their 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) excluded by the law of the Republic of Kazakhstan dated 05.05.2017 No. 59-VI (entered into force on the expiration of ten calendar days after the date of its first official publication);

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

55-31) approval of the rules for determining the authorized Organization for certification of educational organizations engaged in training (retraining) and advanced training of specialists of Maritime Transport, Marine training and simulator centers;

55-32) excluded-by the law of the Republic of Kazakhstan dated 06.04.2024 No. 71 – VIII (entered into force after sixty calendar days after the date of its first official publication); 55-33) excluded-by the law of the Republic of Kazakhstan dated 06.04.2024 No. 71 – VIII (entered into force after sixty calendar days after the date of its first official publication); 55-34) excluded-by the law of the Republic of Kazakhstan dated 06.04.2024 No. 71-VIII (sixty calendar days after the date of its first official publication the law of the Republic of Kazakhstan;

55-35) approval of the report on the assessment of the protection of port facilities and the plan for the protection of port facilities and amendments to them;

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

55-37) determination of an authorized Organization for assessing the security of port facilities and developing a plan for protecting port facilities;

55-38) approval of the list of water basins depending on the discharge of swimming areas of small vessels;

55-39) approval of rules for the Prevention of pollution from vessels in coordination with the authorized body in the field of Environmental Protection;

55-40) participation in the investigation of ship accidents on the territory of other states;

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

55-42) approval of the rules for applying prices (tariffs) for mandatory Seaport services;

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

55-44) approval of the rules for certification of sea vessels;

55-45) approval of the rules and forms for issuing a certificate of insurance or other financial support for the removal of sunken ships; - excluded by the law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII kr

55-46) approval of the rules for removing submerged 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 sea navigation for trade purposes, 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 for training courses for ship drivers of small vessels;

3) Approval of the design, placement, construction and operation of coastal facilities;

3-3. the competence of the authorized body in the field of Civil Protection includes:

1) interaction with state bodies of the Republic of Kazakhstan on issues of ensuring safety in the operation of small vessels;

2) checking the availability of ship documents on a small vessel;

3) state control and supervision of compliance by individuals and legal entities with the requirements of regulatory legal acts of the Republic of Kazakhstan defining the procedure for the operation of a small vessel, taking measures to identify and suppress their violations;

4) request from individuals and legal entities the necessary information, materials, reference data on all issues falling within the competence of the authorized body in the field of civil protection;

5) drawing up acts based on the results of inspections within its competence and making instructions on elimination of identified violations of the legislation of the Republic of Kazakhstan, documents on standardization and norms determining the procedure for the operation of a small vessel;

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

7) carrying out administrative maintenance of small vessels in accordance with the procedure and conditions provided for by the legislation of the Republic of Kazakhstan, conducting a thorough inspection of small vessels;

8) suspension and Prohibition of movement (operation) of small vessels in the event of a threat to the safety of navigation, life and health of people, and the environment;

9) involvement of relevant specialists to participate in examinations on issues referred to the competence of the authorized body in the field of civil protection;

10) making proposals to state bodies on measures to prevent transport accidents, violations of the rules for the operation of small vessels;

11) 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.

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

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

2) development and approval of rules for establishing areas where swimming is prohibited and temporarily dangerous for swimming;

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

4) development of rules for navigation and Hydrographic support of maritime activities in the Kazakhstan 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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