On the accession of the Republic of Kazakhstan to the Convention on the Unification of Certain Rules on Liability Arising from Collisions of Inland Navigation Vessels

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The Law of the Republic of Kazakhstan dated February 8, 2003 No. 383

 Article 1. The Republic of Kazakhstan shall accede to the Convention on the Unification of Certain Rules concerning Liability Arising from Collisions of Inland Navigation Vessels, done in Geneva on March 15, 1960. Article 2. The Republic of Kazakhstan declares, in accordance with article 9, the non-application of the provisions of this Convention to vessels intended solely for the performance of public authority functions, and reserves the right to provide in its legislation for the non-application of the provisions of this Convention on waterways where navigation is permitted only to vessels of the Republic of Kazakhstan.

 President of the Republic of Kazakhstan

Convention on the Unification of Certain Rules concerning Liability Arising from Collisions of Inland Navigation Vessels

Article 1

1. This Convention defines compensation for damage caused by a collision between inland navigation vessels in the waters of one of the Contracting Parties, or to ships, or to persons or objects aboard them. 2. This Convention also defines compensation for any kind of damage caused either as a result of the performance or non-performance of a maneuver, or as a result of non-compliance with the rules by one inland navigation vessel in the waters of one of the Contracting Parties, or to other inland navigation vessels, or to persons or objects on board such vessels, even if no collision occurred. 3. The fact that the vessels referred to in paragraphs 1 and 2 of this article are part of the same caravan does not affect the application of this Convention. 4. For the purpose of applying this Convention, (a) the term "vessel" also means small vessels; (b) vessels include: hydroglissers, rafts, ferries and moving parts of pontoon bridges, as well as dredgers, cranes, elevators and all floating facilities or similar devices.

Article 2

1. The obligation to compensate for damage exists only if the damage is the result of fault. There is no legal presumption of guilt. 2. If the damage is the result of an accident, if it is caused by force majeure circumstances, or if it is impossible to determine its causes, it falls on the victims. 3 In the case of several vessels being towed, each of them is liable only if it is guilty.

Article 3

If the damage is caused by the fault of one vessel, its compensation falls on that vessel.

Article 4

1. If two vessels or several vessels have participated in causing damage through their own fault, they are jointly and severally liable for damage caused to persons, as well as to innocent vessels and objects on board these vessels, but not solidarily for damage caused to other vessels and objects on board these vessels. 2. If there is no joint and several liability, the courts that participated through their own fault in causing the damage are liable to the victims in proportion to the significance of the fault of each of them.; However, if, depending on the circumstances, the ratio cannot be established or the mistakes committed appear to be equivalent, they are equally responsible. 3. If there is joint and several liability, each responsible vessel assumes a part of the payment to the creditor equal to that specified in paragraph 2 of this article. A vessel that pays more than its share has the right to sue for this excess to those co-borrowers who have paid less than their share. The loss arising from the insolvency of one of the co-debtors shall be distributed among the other co-debtors on the basis of the ratio defined in paragraph 2 of this article.

Article 5

The liability established by the previous articles remains in force even if the collision was caused by the pilot, even when pilotage is mandatory.

Article 6

No preliminary special formalities are required to file a claim for damages.

Article 7

1. For claims for damages, the limitation period is two years, counting from the day when the event occurred. 2. The time limit for filing a recourse claim is set at one year. The limitation period begins either from the date of the final court decision determining the amount of joint and several liability, or, in the absence of such a decision, starting from the date of payment, giving rise to a recourse claim. Nevertheless, with regard to the filing of claims related to the distribution of a part of an insolvent debtor, the limitation period can begin only from the moment when the person entitled to claim is informed of the debtor's insolvency. 3. The interruption and suspension of the said limitation periods are determined by the law of the court considering the case.

Article 8

1. The provisions of this Convention shall not affect general restrictions imposed by international conventions or domestic laws on the liability of shipowners, owners of ships and transporters, such as restrictions based on the tonnage of the vessel, the capacity of its machinery or its value, or restrictions arising from the possibility of abandoning the vessel. They also do not detract from the importance of obligations arising from the contract of carriage or from any other contracts. 2. The provisions of this Convention do not apply to compensation for losses resulting directly or indirectly from radioactive properties or both radioactive and toxic properties, as well as explosive or otherwise dangerous properties of nuclear fuel or radioactive products or waste.

Article 9

Each Contracting Party may, at the time of signing or ratifying this Convention or acceding to it, declare (a) that it reserves the right to provide in its legislation or in international agreements that the provisions of this Convention do not apply to vessels intended solely for the performance of public authority functions; (b) that it reserves the right to provide in its legislation for the non-application of the provisions of this Convention on waterways on which navigation is permitted only by ships of the country concerned.

Article 10

1. This Convention shall be open for signature or accession by the member States of the Economic Commission for Europe and by countries admitted in an advisory capacity in accordance with paragraph 8 of the terms of reference of that Commission. 2. Countries that may participate in certain activities of the Economic Commission for Europe in accordance with article 11 of its terms of reference may become Contracting Parties to this Convention by acceding to it upon its entry into force. 3. The Convention will be open for signature until June 15, 1960 inclusive. After that date, it will be open for accession. 4. This Convention is subject to ratification. 5. The instruments of ratification or accession will be deposited with the Secretary-General of the United Nations.

Article 11

1. This Convention shall enter into force on the ninetieth day after the five countries referred to in paragraph 1 of Article 10 have submitted their instruments of ratification or accession. 2. For each country that ratifies or accedes to this Convention after five countries have submitted their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after that country has submitted its instrument of ratification or accession.

Article 12

1. This Convention may be denounced by any Contracting Party by notification addressed to the Secretary-General of the United Nations. 2. The denunciation shall take effect upon the expiration of a period of twelve months after receipt by the Secretary-General of the above-mentioned notification.

Article 13

If, after the entry into force of this Convention, the number of Contracting Parties becomes less than five as a result of the denunciation, this Convention shall cease to be in force from the date on which the last of the denunciations becomes effective.

Article 14

Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which the Parties are unable to resolve by negotiation or other means may, at the request of any of the Contracting Parties concerned, be referred to the International Court of Justice for settlement.

Article 15

1. Each country may, at the time of signing this Convention or depositing its instrument of ratification or accession, declare that it does not consider itself bound by article 14 of the Convention with regard to the referral of disputes to the International Court of Justice. The other Contracting Parties will not be bound by Article 14 in relation to all Contracting Parties that have formulated such a reservation. 2. Any Contracting Party that has made a reservation in accordance with paragraph 1 may withdraw it at any time by notification addressed to the Secretary-General of the United Nations.

Article 16

With the exception of the reservations provided for in paragraphs (a) and (b) of article 9 and in article 15 of this Convention, no reservations to this Convention shall be permitted.

Article 17

1. After three years of operation of this Convention, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a meeting for the purpose of revising this Convention. The Secretary-General shall notify all Contracting Parties of this request and convene a meeting to review the Convention if, within four months of its notification, at least one quarter of the Contracting Parties notify him of their agreement to convene such a meeting. 2. If a meeting is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting Parties thereof, requesting them to communicate within three months the proposals that they consider desirable at the meeting. At least three months before the opening of the meeting, the Secretary-General shall inform all Contracting Parties of the provisional agenda of the meeting, as well as the text of these proposals. 3. The Secretary-General shall invite to any meeting convened pursuant to this article all the countries referred to in paragraph 1 of Article 10, as well as the countries that have become Contracting Parties pursuant to paragraph 2 of Article 10.

Article 18

In addition to the notifications provided for in Article 17, the Secretary-General of the United Nations shall inform the countries referred to in paragraph 1 of Article 10, as well as the countries that have become Contracting Parties pursuant to paragraph 2 of Article 10, of (a) declarations made pursuant to paragraphs (a) and (b) of Article 9; (b) ratifications and accessions to the Convention, in accordance with article 10; (c) the dates of entry into force of this Convention, in accordance with article 11; (d) Denunciations by virtue of article 12; (e) the termination of this Convention, in accordance with article 13; (f) Declarations and notifications received in accordance with paragraphs 1 and 2 of article 15.

Article 19

This Convention is drawn up in a single copy in the Russian and French languages. It is accompanied by texts in English and German. At the time of signing this Convention or of the transfer of its instrument of ratification or accession, any country may declare that it accepts either the French or Russian text, or the English or German text. In this case, the mentioned text will also be valid in the relations between the Contracting Parties who have used the same right and accepted the same text. In all other cases, the French and Russian texts are authentic.

Article 20

After June 15, 1960, the original of this Convention, as well as the English and German texts annexed thereto, shall be deposited with the Secretary-General of the United Nations, who shall transmit duly certified copies of this original and of these texts in English and German to each of the countries referred to in paragraphs 1 and 2 of article 10. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention, drawn up at Geneva on the fifteenth day of March, one thousand nine hundred and sixty. The copy is correct to the Attache of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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