Article 9. Competence of the authorized body and its territorial divisions The Law on Inland Waterway Transport

Home / RLA / Article 9. Competence of the authorized body and its territorial divisions The Law on Inland Waterway Transport

1. The competence of the authorized body includes:

1) excluded by the Law of the Republic of Kazakhstan dated 07/03/2013 No. 124-V (effective after ten calendar days after its first official publication);

1-1) formation and implementation of state policy in the field of inland waterway transport;

1-2) making decisions on the prohibition of transit passenger traffic on the territory of the Republic of Kazakhstan;

1-3) making decisions on bans on the import, export, and transit of baggage and cargo on (from) the territory of the Republic of Kazakhstan;

2) organization of ensuring the safety of navigation, control and supervision of compliance by individuals and legal entities with the legislative acts of the Republic of Kazakhstan and other regulatory legal acts defining the procedure for the functioning of inland waterway transport;

2-1) determining the list of requirements from among those included in the checklist, the violation of which entails the use of rapid response measures, as well as determining the specific type of rapid response measure for specific violations, 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.;

3) ensuring navigable condition of inland waterways and maintenance of locks;

4) development of technical regulations in the field of inland waterway transport;

4-1) 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;

5) approval of the form of the State Ship Registry, the Register of Leased Foreign Vessels and the Ship Register;

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;

7) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

8) approval of the regulations on pilotage;

9) approval of the list of sections of inland waterways, types and sizes of vessels subject to mandatory pilotage;

10) approval of the Rules for the Classification of Inland and mixed river-sea Navigation Vessels;

11) provision of technical inspection of vessels;

11-1) conducting investigations, classification and accounting of transport accidents involving vessels, including small vessels, in accordance with the rules approved by the authorized body;

12) approval of the Rules for the Inspection of Vessels in Operation;

13) approval of the Rules for technical Supervision of the construction of ships and the manufacture of materials and products;

14) approval of the Rules for the passage of ships through shipping locks;

15) approval of Ship Repair Regulations;

16) approval of the list of positions (professions) of employees of state control and supervision and employees in the field of inland waterway transport who have the right to wear uniforms (without shoulder straps), samples of uniforms (without shoulder straps) and insignia, as well as the order of its wearing;

17) approval of the Rules for the construction of vessels of mixed "river -sea" navigation;

18) approval of the Rules for the Construction of inland and mixed river-sea navigation vessels using elements of operated vessels;

19) approval of the Rules for the renovation of inland waterway vessels and vessels of mixed river-sea navigation;

20) 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);

21) approval of the Rules for the renovation of ships of the technical fleet;

22) approval of the Rules for the Construction of Inland Navigation Vessels;

23) participate, within its competence, in the implementation of international cooperation in the field of inland waterway transport and represent the interests of the Republic of Kazakhstan in international organizations;

24) development of draft regulatory legal acts regulating relations arising in the field of inland waterway transport;

25) determination of the procedure and timing of the lifting of sunken property;

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

26-1) approval of the diploma form for officers of ships;

26-2) approval of the Rules for Planning and Conducting Travel Operations to ensure the Safety of Navigation on Inland Waterways;

26-3) approval of forms and deadlines, as well as the procedure for reporting on navigation of vessels on navigable waterways in coordination with the authorized body in the field of state statistics.;

26-4) preparation of reports on the navigation of vessels on navigable waterways;

26-5) approval of Rules in the field of safety and labor protection on ships of inland waterway transport in coordination with the authorized state body for labor;

26-6) approval of the rules for the operation of inland waterways;

26-7) approval of the rules of state registration of a vessel, including a small vessel, and the rights to it;

26-8) approval of the list of mandatory port services;

26-9) determination of the order of use of the coastal strip;

26-10) determination of the procedure for pilotage of vessels;

26-11) approval of the rules for certification and attestation of officers of ships subject to state registration in the State Ship Registry of the Republic of Kazakhstan;

26-12) approval of the list of dangerous goods intended for transportation by ships;

26-13) approval of the rules for the transportation of dangerous goods;

26-14) approval of technical regulations in the field of inland waterway transport;

26-15) establishment of requirements for the minimum number of ship crews;

26-16) approval of the rules of entry of vessels into and out of the port, navigation of vessels within the water area of the port and parking in the port;

26-17) determination of the procedure for the installation of temporary devices and floating structures for mooring, mooring and parking ships, rafts and other floating objects, boarding and disembarking passengers from ships, loading, unloading and storage of goods;

26-18) approval of the rules for the carriage of passengers, baggage and cargo by inland waterway;

26-19) approval of the rules for conducting investigations, classification and accounting of transport accidents involving vessels, including small vessels, on inland waterways;

26-20) approval of the rules of technical operation of inland navigation vessels;

26-21) approval of the rules for certification of boatmasters for the right to operate a small vessel;

26-22) approval of the rules for the use of small vessels and bases (facilities) for their parking;

26-23) approval of the rules of navigation on inland waterways;

26-24) approval of the statute of service on ships;

26-25) approval of the rules for towing vessels, rafts and other floating objects;

26-26) approval of the rules of technical operation, inspection and repair of navigable hydraulic structures (locks);

26-27) approval, in coordination with the central authorized body for budget planning, of in-kind standards for state supervision employees who have the right to wear uniforms (without shoulder straps);

26-28) approval of the rules for the technical supervision of decked small vessels;

26-29) approval of Rules for subsidizing losses of carriers related to socially significant passenger transportation at the expense of budgetary funds;

26-30) approval of the list of water basins depending on the category of navigation areas for small vessels;

26-31) approval of fuel and lubricants consumption rates (in physical terms) by vessels of the state technical fleet;

26-32) approval of the methodology for determining the cost of lifting sunken property;

26-33) development and approval of a methodology for determining the volume and cost of works and services provided by an enterprise of the authorized body;

27) 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.

2. The competence of the territorial divisions of the authorized body (hereinafter referred to as the territorial division) includes:

1) carrying out an inspection of ships, rafts and other floating objects and structures located on inland waterways for their compliance with the requirements of ensuring safe operation;

2) state registration of vessels, including small vessels, and the rights to them, issuance of relevant ship documents, maintenance of the State Ship Registry, Ship Book, and register of leased foreign vessels;

3) detention of vessels (including small ones), rafts and other floating objects that do not meet the requirements of ensuring the safety of navigation;

4) suspension and prohibition of the movement of vessels (including small ones), rafts and other floating objects in the presence of threats to the safety of navigation, human life and health, and the safety of cargo;

5) exercising, within its competence, control and supervision over compliance with the requirements of international treaties to which the Republic of Kazakhstan is a party;

6) supervision of the condition of inland waterways;

7) 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);

8) implementation of other measures aimed at ensuring the safety of navigation on inland waterways;

9) control and supervision of compliance with the rules of navigation on inland waterways by individuals and legal entities;

10) 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);

11) certification of officers of vessels subject to state registration in the State Ship Registry of the Republic of Kazakhstan;

11-1) attestation of officers of ships, conducted in accordance with the rules of certification and attestation of officers of ships subject to state registration in the State Ship Registry of the Republic of Kazakhstan;

12) 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);

13) issuing orders to eliminate violations of the legislation of the Republic of Kazakhstan on inland waterway transport;

13-1) notifying the authorized body of a traffic accident, collecting the necessary information and evidence for conducting investigations, classifying and accounting for accidents involving ships, including small vessels;

14) 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.

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..

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