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On Sea Ports In The Russian Federation And On Amendments To Some Legislative Acts Of The Russian Federation

Original Language Title: О морских портах в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW About seaports in the Russian Federation and amendments to certain legislative acts of the Russian Federation Duma October 16, 2007 approved by the Federation Council on October 26, 2007 (In the federal laws from 14.07.2008 N 118-FZ, of 23.07.2008 N 160-FZ; of 27.12.2009 N 351-FZ; of 08.05.2010 N 83-FZ; of 22.11.2010 N 305-FZ; of 28.12.2010 N 391-FZ; dated 20.03.2011. N 41-FZ; of 21.04.2011 N 72-FZ; dated 18.07.2011 N 242-FZ; , 19.07.2011 N 246-FZ; 25.06.2012 N 93-FZ; of 02.07.2013 N 185-FZ; of 23.07.2013 N 225-FZ; dated 04.11.2014 N 343-FZ; dated 01.12.2014. N 419-FZ; , 31.12.2014 N 499-FZ; dated 13.07.2015 N 213-FZ Chapter 1. General provisions Article 1. The subject of regulation of this Federal Law 1. This Federal Law regulates relations arising from merchant shipping at seaports in the Russian Federation (hereafter referred to as seaports), establishes the procedure for the construction, opening, closing of seaports, and the procedure for carrying out Activities, including the provision of services, as well as the framework for State regulation of seaports. 2. The peculiarities of the state administration, as well as the peculiarities of economic activity and the legal position of the subjects of such activities in the port special economic zones are established by the legislation of the Russian Federation Special economic zones. 3. By sea ports, this Federal Act refers to seaports as defined in the Merchating Marine Code of the Russian Federation. Federation. Article 2. Legal regulation of relations related activities in seaports 1. The law on seaports is based on the Constitution of the Russian Federation, the generally recognized principles and norms of international law and the international agreements of the Russian Federation. 2. The implementation of activities in seaports is regulated by this Federal Law, the Merchating Shipping Code of the Russian Federation, and others. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 3. Search seaport 1. The customs of the seaport are the rules of conduct established and widely applied in the provision of services in the seaport and not provided for in the legislation of the Russian Federation. 2. The Chamber of Commerce and Industry of the Russian Federation is reflected in the customs of the seaport. 3. The law of the sea port should not contradict the Constitution of the Russian Federation, the generally recognized principles and norms of international law, international treaties of the Russian Federation, Code of Merchating Shipping of the Russian Federation, this Federal Law, other federal laws and other normative legal acts of the Russian Federation. Article 4. The basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) seaport infrastructure facilities-port hydraulic engineering Facilities, internal raids, anchorage, docks, tugboats, icebreakers and other ships of the port fleet, aids to navigation and other navigational/hydrographic support facilities, vessel traffic management systems, information systems, handling equipment, rail and access roads, communication lines, heat, gas, water and electricity, other devices, equipment, engineering communications, warehouses, buildings, structures, installations in the territory and/or maritime areas of the sea ports and designed to ensure the safety of navigation, the provision of services in the seaport, enforcement in the maritime port of State control (supervision); (In the wording of Federal Law dated 25.06.2012 N 93-FZ (2) An internal raid-a water space specially allocated in the maritime port for servicing vessels and carrying out cargo operations; 3) external raid-water space specially allocated to seaport approaches and intended for the parking and servicing of vessels; 4) port hydraulic structures-engineering structures (protective structures, breakwaters, dams, moths, piers, piers, as well as seamounts, underwater structures created in dredging operations) located in and (or) waters of the seaport interacting with the aquatic environment and designed to ensure the safety of navigation and parking of ships; 5) dockport Hydraulic construction designed for the parking and servicing of vessels, passenger service, including boarding and disembarkation, cargo operations; 6) owners of maritime infrastructure ports-legal persons or individual entrepreneurs, registered in accordance with the legislation of the Russian Federation and carrying out the operation of the infrastructure of the seaport on their own behalf, regardless of whether they are the owners of the data of the objects or use them otherwise. legal basis; 7) a sea terminal-a set of seaport infrastructure facilities, technologically linked, and intended and (or) used to carry out transactions involving goods, including for trans-shipment, The servicing of vessels, other vehicles and (or) passenger service; 8) the operator of the sea terminal is the transport organization operating the sea terminal, operation of the cargo, including transhipment, servicing of vessels, other vehicles and (or) servicing passengers; 9) Transshipment of goods-Integrated service and (or) handling of goods and (or) baggage from one mode of transport to another mode of transport in direct international traffic and indirect international traffic, direct and indirect Combined transport, including movement of goods at sea port technological accumulation or overloading of goods without their technological accumulation from one mode of transport to another mode of transport; 10) technological accumulation of goods-formation of consignments in waiting for transport "Transshipment of goods"; 11) users of services delivered to the seaport (hereinafter referred to as users), consignors (senders), consignees, shipowners, carriers, Passengers or other natural or legal persons; 12) Services provided at the seaport (hereinafter referred to as the seaport services), services to which users are normally located in the seaport and on approaches to it in accordance with the international agreements of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION AND THE RUSSIAN FEDERATION artificially created land; 14) (Overtaken by Federal Law 19.7.2011) N 246-FZ ) (15) maritime port waters, maritime port boundaries; 16) Approaches to the seaport-external raids and sea-going areas adjacent to the port Sea port waters, but not beyond the territorial sea of the Russian Federation, where vessels should follow the vessel traffic management system and (or) pilotage and (or) vessels must comply with the mandatory requirements Regulations in the seaport safety measures for navigation Vessels entering the seaport and leaving the seaport. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) Article 5. The boundaries of the seaport and approaches to the seaport (In the wording of Federal Law of 23 July 2013. N 225-FZ) 1. The boundaries of the seaport are the boundaries of its territory and waters. 2. The borders of the seaport shall be established and amended by the Government of the Russian Federation, in accordance with the Land Code of the Russian Federation and the Russian Federation Water Code. (In the wording of the Federal Law Law of 14.07.2008. N 118-FZ) 3. (Spconsumed by the Federal Law of 23.07.2013) N 225-FZ) 4. Approaches to the seaport are established by the federal executive authority in the field of transport. (Part of the addition is the Federal Law of 23 July 2013. N 225-FZ Chapter 2. Construction, expansion, opening and closing of the seaport Article 6. Construction and expansion of the seaport 1. The decision on the construction or expansion of the seaport is taken by the Government of the Russian Federation on the basis of the territorial planning scheme of the Russian Federation in the field of the development of federal transport, communication, information and communication, The preparation and adoption of which is carried out in accordance with the law on urban planning. The seaport is given a name as a geographical object under the Federal Act of 18 December 1997 N 152-FZ " O Names of geographical objects. ". 2. A decision on the construction or expansion of a seaport may involve the creation of artificial land plots and the facilities for capital construction, in accordance with the procedure established by federal law. (In the wording of the federal laws of 19 July 2011, N 246-FZ; dated 13.07.2015. N 213-FZ 3. Artificial land plots, as well as newly created and (or) reconstructed, seaport infrastructure can be investment activities in the form of capital investments. 4. The creation of artificial land on recognized sea routes of essential importance to international navigation is prohibited, as well as in cases where the creation of artificial land is incompatible with safety requirements Maritime traffic. (Part of the addition is the Federal Law of 19 July 2011). N 246-FZ) Article 7. Opening the seaport and closing the seaport to provide services 1. After the completion of the construction, development and logistics of the seaport, it is open to service on the basis of a decision of the federal executive authority responsible for the development of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The closure of the seaport for the provision of services, except as provided in part 3 of this article, shall be carried out on the basis of a decision of the Government of the Russian Federation no earlier than one year from the date of such decision. The decision to close the seaport to provide services to the port authorities is required to notify the maritime terminals and other owners of the seaport infrastructure in writing no later than one month from the date of adoption Such a decision. 3. In case of natural hazards, shipwrecks, accidents, other situations in which the provision of services in the seaport or sea terminal is not possible due to the threat to life or health of a person, damage and (or) destruction of property, The port authorities may decide to temporarily close the seaport or sea terminal for the provision of services. Such a decision shall immediately be notified by the port authorities to the federal authority in the field of transport, which shall determine the period of validity of such decision. 4. Information on the opening or closing of a seaport, marine terminal for the provision of services is published in the "Notices to seafarers". Chapter 3. State regulation of activity in the seaport Article 8. The basis of State regulation of activity in the seaport 1. State regulation of seaport operations is carried out to ensure: 1) safety of navigation, life and health of citizens; 2) defence and security of the state; 3) (...) (...) N 225-FZ ) 4) safe operation of seaport infrastructure facilities; 5) integrated seaport development; 6) the efficient use of seaport infrastructure facilities located in State property; 7) equal conditions for operation in the seaport; 8) equal access to services in the seaport; 9) prevention of environmental pollution, compliance the use and protection of water bodies; 10) the competitiveness of the seaport; 11) (Spated by force-Federal Law of 18 July 2011) N 242-FZ 2. State regulation of seaport activities is implemented by: 1) issuing regulations on issues related to the implementation and development of activities in the seaport, operation of facilities The seaport infrastructure; (In the wording of Federal Law of 25.06.2012) N 93-FZ ) (2) Licensing of certain activities in the seaport; 3) of technical regulation in the seaport; 4) establishing port charges and tariffs for services The sea port provided by natural monopolies; 5) the establishment of the lease of property in the State property; 6) opening and closing of the seaport to provide services; 7) assigning individual species The Convention on the Rights of the Sea. 8) implementation in the seaport of state control (supervision); (In the wording of the Federal Law of 25.06.2012 N 93-FZ ) 9) creating conditions for equal access by sea terminal operators and carriers to seaport infrastructure facilities; 10) implementation of hydrographic support on approaches to The seaport and seaport; 11) establishing procedures for collecting, collecting and analysing information on seaport activities; 12) mobilization, mobilization and implementation of activities in the seaport; 13) State expertise in project documents for the construction and reconstruction of seaport infrastructure facilities; 14) (Spaced by Federal Law dated 18 July 2011. N 242-FZ) (15) compliance with other statutory functions of the Russian Federation. 3. (Spconsumed by the Federal Law of 18 July 2011). N 242-FZ 4. (Spconsumed by the Federal Law of 18 July 2011). N 242-FZ 5. (Spconsumed by the Federal Law of 18 July 2011). N 242-FZ) Article 8-1. State control (supervision) implemented in the seaport (In the Federal Law dated 25.06.2012 N 93-FZ 1. In order to ensure compliance at the seaport with the requirements established in accordance with international agreements of the Russian Federation, this Federal Act, other federal laws and other normative legal acts of the Russian Federation Federation in the field of trade navigation, transport security, environmental protection, health and epidemiological welfare of the population, veterinary medicine, plant quarantine, occupational health and safety of maritime ports, by the federal executive authorities and The captains of sea ports (hereinafter referred to as State control (supervision) shall be subject to State control (supervision) according to their competence in accordance with the legislation of the Russian Federation. (In the wording of the federal laws of 25.06.2012 N 93-FZ; of 23.07.2013 N 225-FZ) 2. The provisions of the Federal Act apply to relations relating to the exercise of State control (supervision) in the seaport, the conduct of inspections of legal persons and individual entrepreneurs in the seaport. On 26 December 2008, No. 294-FZ "On the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (supervision) and municipal control", taking into account the characteristics of the organization and conduct of inspections of these persons, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law No. N 93-FZ) 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION The time of operation of checkpoints across the State border of the Russian Federation in the seaport shall be established taking into account the needs of transport organizations and other activities in the seaport of economic entities. (In the wording of the Federal Law No. N 93-FZ) 4. State control (supervision) authorities and their officials shall not be entitled to obstruct the exercise of prohibited activities in the seaport or to impose on persons carrying out such activities any performance of any such activity. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. State supervision of the safety of hydraulic structures in the field of hydrotechnical installations of the seaport is carried out by the authorized federal executive authority in the conduct of public transport. Supervision, taking into account the particularities of the organization and conduct of inspections of legal persons, individual entrepreneurs, established by the Federal Act of 21 July 1997 on the safety of hydro-technical installations. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) (Article padded-Federal Act of 18 July 2011 N 242-FZ) Article 9. The seaports register of the Russian Federation 1. The seaports are subject to State registration in the Register of Maritime Ports of the Russian Federation. 2. The Russian Federation's seaport register is maintained in accordance with the procedure established by the Government Plenipotentiary of the Federal Republic of the Russian Federation. Law of 23.07.2008 N 160-FZ) 3. The seaports register of the Russian Federation include: 1) the serial number of the seaport; 2) the name of the seaport; 3) the location of the seaport; 4) the date and number of the decision on the opening of a seaport for the provision of services; 5) a list of operators of sea terminals as well as services provided by sea terminal operators; 6) major technical characteristics of the seaport, including its capacity to trans-ship cargo, Service for vessels and (or) passenger service; 7) navigation period; 8) name and address of the administration of seaports; (In the wording of Federal Law dated 23.07.2013 N 225-FZ) 9) the base and date of exclusion of a seaport from the Register of Russian Sea Ports. 4. If the particulars referred to in Part 3 of this Article are modified, the corresponding changes shall be made to the Register of Sea Ports of the Russian Federation. 5. The exclusion of a seaport from the Russian Federation's seaport registry is based on the decision of the Government of the Russian Federation to close the seaport for the provision of services no earlier than one year from the date of such decision. Article 10: Captain of the sea port 1. The captain of the seaport carries out the administrative and administrative powers vested in him by this Federal Act, other federal laws, and administrative and administrative law in the seaport. 2. The captain of the seaport is the head of the seaport captain's service, which is directly under the authority of the [ [ Port Authority]] State services and management of State property in the maritime transport sector and operates under the provisions of the captain of the seaport approved by the federal executive authority in the field of transport. The functions of the sea captain shall be carried out by the captain of the seaport or by the officials of the Captain of the Sea Port. 3. A mandatory requirement for the captain of the seaport is the existence of higher education in the field of navigation and experience of not less than twenty-four months in the position of captain of the sea vessel, with a gross tonnage of three thousand or more. Other requirements for the captain of the seaport (his knowledge and skills, vocational training, additional professional education, the order of his/her appointment) shall be established by the regulation of the captain of the seaport referred to in Part 2. of this article. (Article as amended by the Federal Law of 23 July 2013). N 225-FZ) Article 11. The functions of the Captain of the seaport (as amended by the Federal Law of 23 July 2013). N 225-FZ) Captain of the seaport performs the following functions: (Federal Law dated 23.07.2013 N 225-FZ ) 1) ensures the safety of navigation and parking of vessels in the maritime port and its approaches; (In the wording of the Federal Law dated 23.07.2013 N 225-FZ) 2) ensures the transport security of the maritime port, including measures to prevent, stop the illegal presence and movement of sea and other vessels in the waters Sea port; (In the wording of the Federal Law of 23.07.2013) N 225-FZ) 3) informs the Transport Security Commissioners of the federal executive authorities about the threat or the commission of an act of unlawful interference in the seaport; (B) Federal Law of 23 July 2013. N 225-FZ) 4) cooperates with the authorized federal executive authorities on the implementation of customs, border, immigration, sanitary and quarantine, phytosanitary, veterinary and phytosanitary regulations. of environmental and other types of State control (supervision) provided by the legislation of the Russian Federation; (In the wording of federal laws from 18.07.2011 N 242-FZ; 25.06.2012 N 93-FZ) 5) directs activities to prevent pollution of the sea port by waste production and consumption, waste and (or) oil-containing, oil and other hazardous and (or) health hazards (a) The Convention on the Rights of the Sea; 7) organizes the rescue of people, ships within the maritime port, liquidating fires on vessels in the seaport; 8) issues permits for dredging in the maritime port; 9) undertakes activities to ensure marine mobilization in the sea port; 10) performs state port control in accordance with the Russian Federation's law on merchant shipping; (In the wording of Federal Law from 18/07/2011 N 242-FZ) 11) performs other functions in accordance with the legislation of the Russian Federation. Article 12. Acts of the Captain of the seaport (Federal Law of 23 July 2013). N 225-FZ) 1. In order to carry out the functions prescribed by this Federal Law, other federal laws and other normative legal acts of the Russian Federation, the captain of the seaport is in the order established by the regulation of the captain The seaport, referred to in article 10, paragraph 2, of this Federal Act, shall issue acts of non-normality to be carried out by the masters of vessels and persons who are and (or) carry out activities in the seaport and which The said acts are addressed. (In the wording of the Federal Law of 23.07.2013 } N 225-FZ) 2. The acts of the Captain of the seaport should not contradict the Constitution of the Russian Federation, the generally recognized principles and norms of international law, the international treaties of the Russian Federation, Code of the Russian Federation Commercial Navigation Code, other federal laws and other regulatory legal acts of the Russian Federation. class="ed"> (In the federal law dated 23.07.2013 N 225-FZ) Article 12-1. Sea Ports Authority 1. The seaport administration is established for two or more seaports in the Russian Federation in the form of a federal State budget institution and operates in accordance with the regulations on the administration of seaports by the federal executive authority in the field of transport. The list of seaports belonging to the respective maritime port authorities is approved by the federal executive authority in the field of transport. 2. The seaport administration is headed by the Chief of Naval Ports Authority. The requirement for the head of the seaport authority is for at least three years ' service in the position of captain of the seaport, or if the requirements for the captain of the seaport are fulfilled Deputy captain of the seaport. Other requirements for the head of the seaport administration (his knowledge and skills, vocational training, additional professional education, the order of his/her appointment) are established by the regulations on the administration of the sea the ports referred to in Part 1 of this Article. 3. The seaport administration performs organisational, logistical and financial support for the maritime captains of the maritime ports of the functions provided for by this Federal Act, other federal laws, and regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION A list of services in seaports provided by the seaport administration is established by the federal executive authority in the field of transport. 4. The Chief of Naval Ports is not authorized to interfere with seaport captain and sea port captain officials when they exercise the functions of sea captain. (Article supplemented by Federal Law of 23.07.2013. N 225-FZ) Article 13. General rules for the navigation and parking of ships in the sea ports and approaches General rules for navigation and parking of ships at sea ports and on approaches to them (hereinafter referred to as general rules) shall be established by the By the Government of the Russian Federation, the Federal Government of the Russian Federation contains: (In the wording of the Federal Law 23.07.2008 N 160-FZ) (1) general provisions; (2) rules for navigation of vessels and traffic management in and approaches to maritime ports, including in vessel traffic management systems; 3) Rules for the entry of vessels into seaports and the entry of vessels from seaports; 4) rules for berthing vessels in seaports and on approaches to them; 5) the safety and security of port hydraulic structures; 6) rules for ensuring environmental safety, compliance with quarantine seaports; 7) rules for the passage of vessels related to sea-dredging vessels in the meeting; 8) of the icebreation of vessels; 9) class="ed"> (Overtaken by Federal Law 23.07.2013) N 225-FZ) 10) (Federal Act of 23 July 2013) N 225-FZ ) 11) (Spspent force-Federal Law of 23.07.2013 N 225-FZ) 12) other information provided by Russian Federation law in the area of trade navigation. Article 14. Mandatory regulations in the seaport 1. Mandatory regulations in the seaport are drawn up on the basis of general rules and reflect the particularities of a certain seaport. 2. Mandatory regulations in the seaport are approved by the federal executive authority in the field of transport and, after their official publication, are published by the Administration of Seaports in Russian and English. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) 3. In the event that the seaport and naval base or the bases of naval vessels, ships and coast guards have adjacent waters, binding regulations in the seaport shall be agreed with the federal authority, respectively The executive branch, which is responsible for the formulation and implementation of public policy, regulatory and legal regulation in the field of defence, and the federal executive branch in the field of security. 3-1. In the event that fishing areas are formed within the boundaries of the maritime port or on approaches to it, binding regulations in the seaport shall be agreed upon with the federal executive authority in the area of fisheries. (Part of the addition is the Federal Law of 23 July 2013. N 225-FZ) 4. Mandatory regulations in the seaport contain: 1) the description of the seaport, information on fishing areas (if any) in the maritime port and its approaches; Federal Law of 23 July 2013 N 225-FZ) (2) the rules for the entry of vessels to the seaport and the entry of vessels from the seaport of, including measures to ensure the safety of navigation for vessels entering the seaport, the entry of vessels from the seaport; (In the wording of the Federal Law of 23.07.2013 } N225-FZ) 3) Rules for the Navigation of Ships in the Seaport and its Approaches; 4) Description of the Vessel Traffic Management Systems and Navigation Rules in these zones; 5) Ships at the seaport and parking areas; (6) rules for environmental safety, compliance with quarantine in the seaport; 7) of the regulations on the use of special means of communication in the territory and waters seaport; 8) port information; 9) information on seaport approaches; (Federal Law of 23 July 2013). N 225-FZ) 10) information on the maritime boundary areas of A1 and A2 of the Global Maritime Distress and Safety System; 11) information on the technical capabilities of the seaport with regard to the reception of ships; 12) information about the navigation period; 13) information about the mandatory and optional pilotage of vessels; 14) information about the depth of the maritime port and its approaches; 15) dangerous goods; (16) navigation details Ships in the sea port and its approaches; 17) information on the transfer of information to vessels in the seaport when the threat of unlawful interference in the seaport is threatened; 18) The transfer of navigational and hydrometeorological information to the shipmasters at the port; 19) other than that provided by the Russian Federation's regulatory legal acts in the area of trade navigation. Article 15. Security at sea port and its approaches (In the federal law dated 23.07.2013 N 225-FZ) 1. In order to ensure the safety of activities carried out at sea ports and its approaches, the federal executive authority in the field of transport establishes the requirements for radar navigation systems of vessel traffic, facilities The infrastructure of the seaport required for the operation of the Global Maritime Distress and Safety System to ensure the safety, facilities and facilities of an automated information system, a shipping control and navigation service. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) 2. Operators of sea terminals, other owners of seaport infrastructure, shipmasters, other persons who carry out activities and/or are in the seaport are obliged: 1) immediately Inform the captain of the seaport of the occurrence of situations posing a threat to the safety of navigation and (or) carrying out activities in the seaport, as well as the threat of and (or) the commission of an act of unlawful interference in the sea and its approaches in accordance with the procedure established by law OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 225-FZ) 2) fulfill the requirements of navigation safety, transport security of sea terminals, waters of seaports; (In the wording of Federal Law dated 23.07.2013 N225-FZ) 3) ensure measures to prevent contamination of the water area and the sea port by waste production and consumption, waste and/or oil-containing water, oil and other hazardous and (or) hazardous to Human health and (or) the environment; 4) contribute to an objective, full and comprehensive investigation of the causes of accidents in the seaport. 3. The captain of the seaport is obliged to: (as amended by the Federal Law of 23 July 2013). N225-FZ) 1) when information is received on the occurrence of situations endangering the safety of activities in the seaport, contamination of territory and (or) waters of the seaport, other similar incidents to report them to the competent federal executive authorities in a timely way, in accordance with their competence, to take appropriate measures; 2) to assist the authorized federal executive authorities in for the safety of navigation and protection against acts of Intervention at the seaport, as well as in the conduct of an objective, full and comprehensive investigation into the causes of accidents in the seaport. 4. (Spconsumed by the Federal Law of 23.07.2013) N 225-FZ) 5. The protection of marine terminals and the waters of seaports from unlawful interference is carried out in accordance with the Russian Federation's legislation on transport security. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) 6. (Spconsumed by the Federal Law of 23.07.2013) N 225-FZ) Article 16. The main requirements for owners of objects seaport infrastructure 1. In addition to complying with the requirements of article 15, paragraph 2, of this Federal Act, operators of sea terminals and other owners of the seaport infrastructure are obliged: 1) to operate the facilities the infrastructure of the seaport in accordance with the requirements of industrial safety, environmental safety, fire safety and technical regulations; 2) carry out activities related to to ensure the protection of the infrastructure of the seaport infrastructure from illegal acts Intervention at the seaport; (3) to ensure equal access to seaport services, openness to information about such services; 4) to prevent acts (omissions) recognized under federal laws monopolistic activities or unfair competition. 2. Operators of marine terminals and other owners of technologically connected seaport infrastructure are required to enter into agreements with the essential conditions of the organization and continuity technological process of providing relevant services in the seaport, establishing the order of maintenance and operation of seaport infrastructure facilities, liability of the parties, including liability for obligations, arising from the contracts for the provision of related services in the seaport, before users. Chapter 4: The basis for the provision of services at the seaport. Sea Port Rates Article 17. Rules for the provision of services in the seaport 1. The seaport provides ship services, cargo operations, including trans-shipment, passenger service, seaport safety and approach, security readiness to carry out rescue operations, ensuring the transport security of the sea port and other services. (In the wording of the Federal Law of 23.07.2013 N 225-FZ) 2. Regulations for the provision of services in the seaport are the statutory legal acts that regulate the provision of services in the seaport and are binding on the participants in the legal relations governed by the regulations. 3. The federal executive authority in the field of transport, taking into account the proposals of the federal executive authorities concerned, approves: 1) the rules for handling goods at sea port; 2) Provision of services to vessels in the seaport and its approaches; (3) rules for other services generally provided at the seaport. 4. Rules for passenger services and rules for the provision of other services, usually provided in the port of the sea and not related to the carrying out of services by passengers and other citizens, including services for hand baggage, baggage, The Government of the Russian Federation approves the shipment. 4-1. In accordance with the legislation of the Russian Federation on the social protection of persons with disabilities, accessibility is ensured for persons with disabilities of the infrastructure of the seaport for passenger services and for the provision of services to persons with disabilities. services on an equal footing with other passengers, in accordance with the rules of service of passengers and the rules for the provision of other services, usually provided in the seaport and not related to the carrying out of passengers and other citizens by business. activities. (Part of the addition is the Federal Law of 01.12.2014). N 4419 F) 5. The regulations for the provision of cargo transshipment services at the seaport regulate the process of transshipment of goods, taking into account the different types of goods, and shall contain rules for the reception and delivery of goods the operator of the sea terminal and the carrier, the determination of the place of reception and delivery of the goods, the procedure for the reception and delivery of goods and other rules. 6. The rules for the provision of services for vessels in the seaport and its approaches are governed by the conditions for the provision of such services. 7. Services in the seaport are provided by legal entities and individual entrepreneurs on the basis of contracts with users. 8. The exercise by legal entities and individual entrepreneurs of activities subject to licensing in accordance with the legislation of the Russian Federation shall be permitted only on the basis of licences. 9. For tug services, marine agentification, maritime intermediation, maritime insurance, and services related to the maritime port of rescue operations, the rules established by Civil Code of the Russian Federation and Code of merchant shipping of the Russian Federation. 10. For the purposes of application of the Federal Act of 29 April 2008, N 57-FZ "On the procedure for the implementation of foreign investments in economic societies of strategic importance for the defence of the country and the security of the state" The dominant actor in the market for the provision of services at seaports in the Russian Federation is the entity established by the competition authority that shares the market share in the geographical boundaries of the seaport exceeds 20%. (Part added is the federal law of April 4, 2014. N 343-FH) Article 18. Fees for services in the seaport 1. Tariffs for seaport services provided by natural monopolies and the rules for the application of such tariffs are established in accordance with the laws of the Russian Federation on natural monopolies. 2. The payment of services in the seaport not falling within the scope of natural monopolies is determined on the basis of treaties. Article 19. Port charges 1. Provision of services in seaports for the use of separate seaport infrastructure facilities as well as for the safety of navigation at the seaport and on approaches to it are paid on a fee basis (port charges). 2. Port charges shall be payable to the administration of the seaports, the economic entity that has carried out the provision of the relevant services in the seaport. (In the wording of the Federal Law of 23.07.2013 } N 225-FZ) 3. The seaport can be set up as follows: 1) ship; 2) kanal; 3) ice; 4) pilotage; 5) small; 6) navigation; 7) moguing; 8) ecological; 9) transport security of the maritime port. (The paragraph is amended by the Federal Law of 23.07.2013). N 225-FZ) 4. A list of port dues charged directly to each seaport is established by the federal executive authority in the field of transport. 5. The rates of port charges and their application are set in accordance with the Russian Federation's natural monopoly laws. 6. Accounting for the revenue and costs of port charges by sea port authorities, including for the operation of sea port captains, is carried out in the maritime port. In accordance with article 8, paragraph 4, of the Federal Act No. 147-FZ of 17 August 1995 on natural monopolies. (Part of the addition is the Federal Law of 23 July 2013. N 225-FZ) Chapter 5: { \field { \field { \field } { \field { \field { \field { \field { \field { \field { \field Transshipment contract 1. Transshipment services are provided by operators of sea terminals on the basis of a transshipment agreement. 2. Under the contract of trans-shipment, one party (operator of the sea terminal) undertakes to pay the cargo transfer and perform other transshipment of goods and services, and the other party (the customer) undertakes to provide Timely delivery of cargo for transshipment in appropriate volume and (or) timely receipt and export of the goods. Under the contract of trans-shipment the customer may be the consignor (consignor), consignee (consignee), carrier, forwarder or other natural or legal person. 3. The cargo transshipment agreement specifies the amount, time limits for transhipment and other conditions for the provision of services and operations by the operator of the maritime terminal, the conditions for the handling of the goods by the customer, as well as other conditions recognized by the parties Significant conditions for the organization and implementation of the transshipment process. 4. Under the transshipment agreement, the operator of the sea terminal may be loaded, unloaded, moved to sea port, technological accumulation of cargo. The transshipment agreement may provide for the processing of goods to be trans-shipped, as well as other additional services and works. Article 21. Features of the reception and delivery 1. Reception and delivery of goods by sea terminal operators and carriers are carried out in the ports of loading and unloading of goods for the respective vehicles. 2. Place of loading of goods in wagons, unloading of goods from wagons is part of the railway lines intended for such loading, unloading of the goods and located on berths, depots and (or) adjacent to them, and (or) part public railway lines. 3. The receipt of goods for carriage by sea carrier from the shipper (consignor) and delivery by sea carrier to the consignee (consignee) in the sea port shall be carried out in the hold or on board the vessel or on the deck of the vessel. 4. The receipt of goods from the consignor (consignor) and delivery of the goods to the consignee (consignee) on the inland port harbour in all cases shall be carried out in the hold or on the deck of the vessel. 5. In the event that the transshipment agreement of the operator of the maritime terminal is charged with the duty to take the goods from the carrier and (or) deliver the goods to the carrier to continue the carriage of the goods, the carrier shall, if there is a contract for carriage, ensure delivery Cargo to the operator of the sea terminal and (or) cargo from the operator of the sea terminal to check its condition by means of an external examination, as well as with the inspection of the mass of the cargo and the number of its places. Article 22. Ensuring the export of goods from the seaport 1. The timely export of goods from the seaport is provided by the customer or authorized customer for the receipt of goods from the operator of the sea terminal by the person. 2. The period during which the goods are to be taken from the seaport is determined by the transshipment agreement in accordance with the established regulations for the provision of cargo handling services at the seaport. 3. The actions of the operator of the sea terminal in the event that the goods have not been removed from the seaport within the specified time period shall be determined by this article and the rules for the provision of cargo handling services at the seaport. 4. The operator of the sea terminal shall take the measures available under the circumstances and aimed at ensuring the safety of goods not removed from the seaport in time. 5. The operator of the sea terminal shall notify the customer in writing of the expiration of the contract for transhipment of goods for the export of goods from the seaport, unless otherwise provided in such a contract. 6. Unless otherwise provided for by the contract of trans-shipment, the operator of the sea terminal may use the right of retention of goods under article 23 of the present case for cargo not removed from the seaport within the specified time period Federal law. 7. The operator of the sea terminal on the basis of the relevant treaty transmits to the Customs authority or authorized person goods which are under the customs control and not removed from the seaport within the specified time limit for export to the temporary warehouse Storage. Article 23. The right to hold goods 1. Unless otherwise provided for by the cargo transshipment agreement, the operator of the sea terminal shall have the right to retain the goods (except goods seized or restricted in circulation in accordance with federal laws, as well as of goods intended for use by the sea). for the defence of the country, the security of the State and the rule of law) in the event of non-payment of the goods and (or) by this Federal Payments Act. In this case, the requirements of the operator of the maritime terminal holding the goods shall be satisfied by the value of the goods sold in the manner prescribed by this article. The operator of the sea terminal shall be entitled to hold the goods until the payment of the full amount by the employer of the amounts due under the contract of transshipment of the goods and (or) this Federal Law, taking into account the costs of the operator of the sea terminal, Retention-related goods. 2. In the event that the goods delivered to the operator of the sea terminal are not required by the agreement during the period of the transhipment agreement, the goods will not be taken from the seaport or the customer has not paid the debt to the operator of the sea terminal Goods may be fully or partially implemented by the operator of the sea terminal on the basis of a court decision. The judicial procedure for carrying out the goods shall not apply to the cases established in part 5 of this article. 3. Containers, pallet or similar accessories for the transport or packaging of goods, if such devices are owned by the employer, may be fully or partially implemented by the operator of the sea terminal on the basis of judicial decision. The procedure for implementing such devices shall not apply to the cases established in part 5 of this article. 4. The operator of the sea terminal shall notify the operator of the forthcoming independent realization of the food and (or) perishable goods, as well as of accessories for their transportation or packages belonging to the owner. the customer's written form, unless otherwise provided in the contract for the transshipment of the goods. 5. In the event of non-acceptance within four days of the notification by the employer of the decision on the fate of the food and/or perishable goods, the operator of the sea terminal shall have the right to dispose of such goods on its own, as well as to adjust them for their own use. Transportation or packaging owned by the customer (except goods seized or restricted in turnover under federal laws and cargo destined for the defence of the country, safety and security) and rule of law), in accordance with the contract of sale " On the basis of the price of goods that are confirmed by the payment of their value, or in the absence of such documents by the relevant contract, or based on a price which is usually charged for similar goods, or on the basis of Peer review. The expert estimation of the value of goods is carried out by the subjects of the assessment activity in accordance with the legislation of the Russian Federation on evaluation activities or by carrying out expert examinations in accordance with the legislation of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. The procedure for accounting and calculation of the operator's maritime terminal is determined by the federal executive authority in the field of transport. 7. The goods received from the sale of the goods, net of the payment of the charges to the operator of the maritime terminal and related to the holding and sale of the goods, shall be transferred to the customer. In the event that the goods received from the sale of goods are not sufficient to cover the payment to the operator of the maritime terminal of payments and the costs involved in the payment of the goods, the operator of the sea terminal is entitled to claim full compensation. (a) The courts and tribunals. 8. In the case of the sale of goods seized by the competent authorities, as well as the goods from which the person authorized to dispose of the goods has been refused the benefit of the State, the payments stipulated in the contract of transshipment of the goods and (or) This Federal Law lists the operator of the sea terminal with funds received from the sale of goods, if the customer has not paid the operator of the sea terminal to pay the value of the services rendered and the works performed. Article 24. The responsibilities of the terminal 1 terminal operator. The operator of the sea terminal shall be responsible for the loss, loss or damage of the goods from the date of their admission to the warehouse until the day of their delivery or the delivery of the goods at the disposal of the customer or the person entitled to it. 2. The operator of the sea terminal is responsible for the loss, loss or damage of goods caused by his fault, in the following dimensions: (1) the value of the lost or missing goods-for loss or shortfall of goods; 2) in the amount of the value of the goods and the value of the damaged goods, if they cannot be restored-for damage to the goods; 3) in the amount of the declared value of the goods-for loss, shortage or damage to goods delivered to the operator of the sea terminal with a declaration of their value . 3. In addition to the reimbursement of the value of the lost, missing or damaged goods, the operator of the sea terminal shall return to the employer the payment of the technological accumulation of such goods previously received if the contract of trans-shipment included a service Technological accumulation of goods and this charge is not included in their value. 4. The value of the lost, missing or damaged goods is determined by the value of the goods confirmed by the documents for payment of their value or in the documents accompanying the goods. In the absence of an indication of the price in the documents accompanying the goods, the value of the goods is determined on the basis of the price which is usually charged for similar goods under comparable circumstances or on the basis of an expert judgement. 5. If the goods are not delivered by the operator of the sea terminal to a customer or authorized person within thirty days of the day determined by the contract of trans-shipment, the goods shall be recognized as lost. 6. A statement of loss or damage or damage to the goods shall be submitted to the operator of the sea terminal on the day of the delivery or the refusal of the delivery of the goods to the customer or the person entitled to it. In the event that, at the time of the delivery of the goods, the Employer or his or her authorized person did not file a written statement to the operator of the maritime terminal for loss, the loss or damage to the goods, and did not indicate the general nature of the loss, loss or damage Cargo is presumed to have been obtained in accordance with the description contained in the documents accompanying the goods. Article 25. Claims and claims. The statute of limitations 1. Prior to the maritime terminal operator, the claim arising from the transshipment contract is mandatory for the operator of the maritime terminal of the relevant claim, except for the filing of claims for the provision of services and (or) Work for personal, family, household and other non-business needs. 2. Claims arising from the transshipment contract may be presented to the operator of the sea terminal within six months of the occurrence of the events that served as the basis for the claim. The operator of the sea terminal is entitled to accept the claim data after the expiry of the period established by this article, if it is valid reasons for the time limit for the filing of these claims. 3. The claims arising out of the transshipment contract shall be submitted in writing and shall be accompanied by documentary evidence of the claims submitted, including documents attesting to the weight of the goods, the number of their places and the value of the claims. of the goods. 4. The operator of the sea terminal is obliged to consider the claim arising from the transshipment contract within thirty days of its receipt and to notify the applicant in writing of satisfaction (including partial satisfaction), or the rejection of this claim. In partial satisfaction or rejection of the claim by the operator of the sea terminal, the claimant must be notified of the reasons for the decision, with reference to federal laws and other regulatory legal acts of the Russian Federation. With the notification in writing of partial satisfaction or the rejection of the claim, the documents submitted by the claimant are returned to the claimant. 5. The period of limitation shall be suspended from the date of presentation of the maritime terminal operator to the claim arising out of the contract of transfer of the goods, pending the receipt of a reply to the claim or the expiry of the time limit established for the reply. 6. Claims arising from the transshipment contract may be presented within one year of the occurrence of the events that served as grounds for such claims. Article 26. Requirements for trans-shipment of dangerous goods 1. Goods coming to the warehouses of the operator of the sea terminal, in terms of their physico-chemical properties, packaging and labelling should be in accordance with the safety requirements of the goods carried by the federal executive authority in the field . 2. Dangerous goods are goods which, because of their intrinsic physical and chemical properties and (or) other characteristics during carriage, transshipment and storage, may endanger life or health, harm the environment, and lead to damage or destruction of property. 3. If the dangerous goods are delivered to the operator of a sea terminal in violation of the established rules (incorrect name and marking, lack of marking, marking, packaging or required legislation of the Russian Federation) and on reception of dangerous goods, the operator of the sea terminal could not verify the dangerous nature of the goods or otherwise knowledge of the dangerous goods or the necessary precautions, destruction and (or) clearance Such cargo is provided by the operator of the sea terminal in case of occurrence a situation endangering other goods at the seaport, security of activities in the seaport, security of its infrastructure, life or human health, without reimbursement to the shipper (sender) or to the consignee (the consignee) or another legally valid person in respect of the goods in force. (In the wording of Federal Law No. N 391-FZ 4. The costs incurred by the operator of the sea terminal in connection with the taking of measures for the destruction or rendering harmless of the dangerous goods referred to in part 2 of this article shall be reimbursed by the person obliged to inform the dangerous goods. Article 27. Regulation of legal relations between the operator of the sea terminal and carriers 1. In seaports, trans-shipments of goods transported in direct and indirect international traffic, direct and indirect intermodal transport may be carried out through the interaction of operators of sea terminals and carriers. sea, rail, road and other transport modes. 2. Interaction, rights, obligations of operators of sea terminals and carriers in the provision of cargo transshipment services at the seaport are determined by the nodal agreements provided for in article 799 Civil Code of the Russian Federation. 3. The Uzbek agreements are concluded for a period of five years. In the event of a change in the technical equipment of the parties to the nodal agreement or the technology of their operation, the nodal agreement may be amended in whole or in part by one of its parties before its expiry. 4. The nodal agreement concluded by the operator of the sea terminal with the carrier of railway transport sets out: 1) the place and the rules for the simultaneous loading of goods into wagons and the unloading of goods from the wagons, taking into account the production of the goods. Conditions and volume of traffic on the basis of a single technological process of operation of the railway station and operator of the sea terminal; 2) time standards on: (a) dissolution of trains, groups of wagons, delivery and cleaning of wagons; b) the sorting of wagons and other vehicles about consignors (consignors), consignees (consignees); in) handling and delivery operations; g) presentation and issuance of documents; d) wagon delivery and cleaning of wagons with (e) Equipment of wagons under loading of goods; ) loading of goods into wagons, unloading of goods from wagons; (s) cleaning of wagons from devices for loading, accommodation, attachment and carriage of goods, residues previously transported goods; and) inspection of wagons and other wagons Vehicles with regard to their suitability for commercial and technical suitability for loading; (3) the procedure between the parties to the node agreement; 4) special conditions affecting loading of goods in wagons, unloading of wagons and other works and operations (meteorological conditions, operating script and other); 5) other conditions stipulated by the agreement of the parties. 5. In the absence of the operator of the sea terminal of the locomotive for the loading and unloading of wagons, unloading of the goods, the manoeuvres on the railway lines of non-common use located in the sea port are carried out by locomotive of the transport operator in accordance with the terms of the nodal agreement. 6. Carriers of sea, rail and other modes of transport may conclude agreements with owners of the infrastructure of a seaport other than sea terminal operators. Chapter 6: Land and property relations in the seaport Article 28. Land for operation in the seaport 1. In order to create the necessary conditions for the safe operation of the seaport infrastructure on land adjacent to the seaport boundary, protective, sanitary and other zones with special conditions may be installed. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Land within the maritime port cannot be owned by foreign nationals, stateless persons or foreign organizations. 3. Land within the maritime port shall not be granted to individual entrepreneurs and legal entities, except as provided in Part 4 of this Article. 4. Land within the boundaries of the seaport occupied by port hydraulic engineering structures created or acquired by means of investors (individual entrepreneurs or legal entities), as well as land occupied by Buildings, structures, structures used to carry out activities in the seaport and owned by individual entrepreneurs or legal entities, and artificial land created by individual entrepreneurs or legal entities In accordance with the Federal Law "On artificial land created on water bodies in federal property and on the introduction of amendments to certain legislative acts of the Russian Federation", to be in their possession. (In the wording of the Federal Law of 190.07.2011) N 246-FZ) 5. Land owned by individual entrepreneurs or legal entities may be included at the seaport boundary to carry out activities in the seaport. 6. A land located within the boundaries of the seaport can be withdrawn for public needs in accordance with the civil and land legislation. (In the wording of the Federal Law of 31.12.2014) N 499-FZ 7. Federal executive authorities empowered to decide on the seizure of land at sea ports, for public purposes, the procedure for the preparation and adoption of these decisions are determined by the Federal Länder. Legislation. Article 29. Limiting the turnover of infrastructure objects to the seaport 1. The following facilities of the seaport infrastructure are located exclusively in federal ownership: 1) supply routes, underwater facilities created as a result of dredging; 2) Radar vessel traffic management systems; 3) seaport infrastructure required for the operation of the Global Maritime Distress and Safety System; 4) navigation aids and other objects of navigation and hydrographic support shipping routes; 5) facilities and facilities of an automated information system, a unified shipping control and navigation management service. 2. They are not alienated from private property or transferred to municipal property by the following infrastructure of the seaport: 1) protected structures, breakwaters, dams, moths, piers, piers, with the exception of berths intended for the complex operation of the vessels of the nuclear ice fleet, which may be owned by Russian legal entities included in the approved OF THE PRESIDENT OF THE RUSSIAN FEDERATION in the property of which nuclear installations can be located; (In the wording of Federal Law of 22 November 2010). N 305-FZ) 2) the seaport infrastructure facilities used for the operation of the state control (supervision); (In the wording of Federal Law dated 25.06.2012 N 93-FZ ) 3) rail and road access roads, lines of communication, heat, gas, water and electricity, other devices, engineering communications used in the operation of two or more marine The Russian legal entities included in the list of Russian legal entities included in the list of Russian legal entities, which are included in the list of Russian legal entities approved by the President of the Russian Federation. which may be owned by nuclear installations, Special rescue vessels. (In the wording of the Federal Law of 22.11.2010) N 305-FZ 3. The facilities of the seaport infrastructure, as referred to in part 2 of this article, created or acquired by means of legal persons or individual entrepreneurs may be owned by them. This Part also applies to the facilities of the seaport infrastructure owned by legal persons or individual entrepreneurs and created or acquired by them prior to the date of entry into force of this Federal of the law. 4. The facilities of the seaport infrastructure referred to in parts 1 and 2 of this article may be transferred to legal entities and individual entrepreneurs, unless otherwise provided by the legislation of the Russian Federation. 5. The seaport infrastructure specified in Parts 1 and 2 of this Article shall not be sold in the bankruptcy proceedings, including not to be included in the insolvency estate. Article 30. Management of State property at sea port 1. The management of State property at the seaport is carried out in order to create conditions for the establishment and development of activities in the seaport, the efficient use of State property in accordance with its purpose, and Ensuring the preservation and reproduction of State property. 2. The administration of federal property in the seaport is carried out by the federal executive authorities authorized by the Government of the Russian Federation in accordance with this Federal Act and other regulatory legal acts. of the Russian Federation. 3. The Federal Executive, which is responsible for the provision of public services and the management of State property in the field of maritime transport, carries out the following powers, together with the existing powers, Federal property under the management or operational management of federal State unitary enterprises and federal State institutions, respectively: 1) organizes an assessment for property and other rights, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION (b) Harmonization of decisions on the participation of a unitary enterprise in commercial and not-for-profit organizations, as well as on the conclusion of a simple partnership; (c) the harmonization of the management of the contribution (shares) in the statutory (warehousing) capital of economic societies or partnerships, and (d) The approval of the auditor and the determination of the payment of its services; (3) establishes federal property in the economic management and operational management of the federal State unitary enterprises and, in accordance with established procedures, the lawful seizure of such property; 4) establishes federal property in the operational management of federal State institutions, and produces in the prescribed manner; the order in which excess, unused or unused are removed (c) Property, which is assigned to the operational management of the said institutions; 5) controls the management, use and preservation of federal property; 6) carries out within its competence Checking the use of federal property, appointing and conducting documentary and other checks, including conducting audits and deciding on the conduct of audits of the federal State unitary enterprises; and Federal government agencies. Article 31. Conditions for the ownership and use of property in owned and owned by the sea port 1. This article regulates the conditions for the ownership and use of State-owned land at the borders of the seaport and infrastructure of the seaport through the transfer of such land, and (a) Oceans and the law of the sea: oceans and the law of the sea 2. The transfer of land and infrastructure of the seaport as specified in part 1 of this article shall be carried out in accordance with their purpose in accordance with the procedure established by this Federal Act, other federal states. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In the case of the lease of plots of land which are in federal ownership and where the port's hydraulic structures are located or which are provided for the construction of these facilities, the amount of the rent shall not exceed the amount, " calculated according to the legislation of the Russian Federation on taxes and fees of the land tax rate for the land of transport. 4. The amount of the rent paid for the use of publicly owned and immovable property in the seaport infrastructure is determined on the basis of the report of the independent appraiser on the valuation of the market value Property rights under the lease of State-owned immovable property located at sea port, in accordance with the legislation of the Russian Federation on evaluation activities and the federal standard of valuation, by the Federal Executive The regulatory framework for evaluation activities. 5. The manner in which rents are indexed for the use of publicly owned facilities by the seaport infrastructure is determined in accordance with the terms of the lease agreement between the parties. 6. The rent for the use of publicly owned facilities by the sea port infrastructure is paid by tenants to the persons on whose balance the lease is located. In the event that such lease objects are located on the balance of federal government agencies, rents for the use of publicly owned facilities by the seaport infrastructure are listed in the order established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 83-F) 7. The lease of a publicly owned property located in the maritime port is forty-nine, if a shorter period of time is not declared by the lessee of such property. In case of placing on the lessee owned and immovable property of the infrastructure of the sea port, the obligation to undertake the major maintenance of such a rented site at its own expense is minimal The term of his lease may not be less than fifteen years. 8. The mandatory terms of the lease agreement, the concession agreement for publicly owned and immovable property of the seaport infrastructure are: 1) the use of the facility Rent, concession contract; 2) equal access to services in the seaport by lease object, concession contract object; 3) unimpeded access by representatives bodies of State control (supervision) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 25.06.2012 N 93-FZ) 9. The use of the lease object specified in Part 8 of this article is not intended, but the non-use of such a lease on the fault of the lessee for more than one year is a material breach of the terms of the lease and may lead to his early termination upon request by the landlord in court. 10. The lessor is entitled to lease the infrastructure of the sea port to the sublease with the consent of the lessor. 11. The lease of a owned and owned infrastructure of a seaport is concluded without a competition with a person who has a right of ownership, economic management or business The administration shall own a related infrastructure of a seaport relating to immovable property, if the related object of immovable property, by its technical characteristics, location, destination, inextricably linked to the said of the rental and process of the provision of services in the The sea port. 12. In the event that the right to conclude a contract for the lease of a publicly owned property and a real estate infrastructure of the seaport is to be used by a number of persons with the stipulated part 11 The right to conclude a contract without a competition is compulsory. 13. The conclusion that there is an indissoluble link between the seaport infrastructure referred to in Part 11 of this Article and the provision of a technological process for the provision of services in the seaport is issued by the federal executive authority, which is implementing functions in the provision of public services and management of State property in the field of maritime transport. 14. Procedure for the lease of federal property transferred to federal State unitary enterprises and federal State institutions, respectively, to the federal executive branch of the executive branch The provision of public services and the management of State property in the field of maritime transport is established by the federal executive authority in the field of transport, in consultation with the federal executive branch public policy functions and Legal and regulatory regulation in the analysis and forecasting of social and economic development, development of entrepreneurial activity. Chapter 7: Final provisions Article 32. Transitional provisions 1. Seaports where, on the day of the entry into force of this Federal Act, the provision of services (hereinafter referred to as the maritime ports) are considered open to the provision of services, regardless of the date of the serial registration of the Russian Federation. At the same time, information on the existing seaports is entered in the Register of Sea Ports of the Russian Federation in due course. 2. Land within the existing seaport may relate to the land of industry, energy, transport, communications, broadcasting, television, computer science, land for space activities, defence, security and land Land of other special purpose or other land category with authorized use for the location of the seaport. 3. The land plots for operation in the seaport, which the Government of the Russian Federation has decided to build after the date of the entry into force of this Federal Law, belong to the land of industry, energy, Transport, communications, radio broadcasting, television, computer science, space for space activities, defence, security and other special purpose land with authorized use for the deployment of a seaport. 4. Pending the establishment of the maritime port by the Government of the Russian Federation, the established boundaries of the seaport are understood to be the established boundaries of the seaport. By the established boundaries of the seaport are the boundaries of the seaport, the information of which is contained in mandatory regulations in the seaport, or is published in the "Notice of seafarers". 5. (Spconsumed by Federal Law of 21.04.2011) N 72-FZ 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The development of federal transport, but no later than December 31 2012 , the decision to build a new seaport or port extension is taken on the basis of approved Planning documentation for the Territory. In the wording of the federal laws of 27 December 2009, N 351-FZ; dated 20.03.2011 N 41 FZ 7. (Spaged by Federal Law of 20 March 2011) N 41-FZ) Article 33. amending the Federal Law "On Natural Monopolies" Paragraph 6 of Article 4 of the Federal Law of 17 August 1995 N 147-FZ "On natural monopolies" (Legislative Assembly of the Russian Federation, 1995, N 34, art. 3426; 2003, N 2, Text 168; N 13, est. 1181; 2006, N 1, est. (10) Amend as follows: "services in transport terminals, ports and airports;". Article 34. To amend the Federal Law "On Inland Waters, Territorial Sea and Contigué Zone of the Russian Federation" Article 5 of the Federal Law N 155-FZ" On the Inland Sea, Territorial Sea and Contiguent Zone of the Russian Federation " 1998, N31, sect. 3833; 2004, N 35, sect. 3607), the following changes: 1) paragraph 1 of paragraph 1 should read: " 1. The legal regime for seaports in the Russian Federation is one for all ports located in the territory of the Russian Federation. "; The official regulating the entry of vessels to the seaport and the entry of vessels from the seaport and seaport for the safety of navigation is the captain of the seaport. "; 3), paragraph 4, shall be declared invalid; 4) Paragraph 5 should read: " 5. The functions and powers of the captain of the seaport shall be established and regulated by this Federal Act, other federal laws and other normative legal acts of the Russian Federation applicable to seaports. ". Article 35. Amendments to the Code of Trade of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2207; 2005, N 52, sect. 5581; 2006, N 50, sect. 5279) the following changes: 1) Article 6, paragraph 6, of Article 6, to declare void; 2) Article 9, amend to read: " Article 9. Seaports. Port Authority 1. The seaport refers to a collection of seaport infrastructure located in specially designated areas and waters, intended for the servicing of vessels used for commercial navigation, Servicing vessels of the fishing fleet, servicing passengers, carrying out cargo operations, including trans-shipment, and other services usually provided in the seaport, as well as interaction with other modes of transport. (Spconsumed by Federal Law of 23.07.2013) N 225-FZ) 3. Activities at sea ports are carried out in accordance with federal law. "; 3) paragraph 2 of article 33, paragraph 4, as follows: " The rules for the registration of ships and their rights at sea ports are approved by the federal executive authority in the field of transport. "; 4) in article 35: (a), paragraph 1, amend to read: " 1. The registration of the vessels referred to in article 23, paragraph 2, of this Code shall be carried out by the captain of the seaport. Information on registered fishing fleet vessels and their rights on a quarterly basis is reported by the captain of the seaport to the federal executive authority in the fisheries sector. "; b) in paragraph 3 of the report "commercial" delete; 5) in the second paragraph of article 37, paragraph 3, delete; 6) in article 53 (2): (a) the second paragraph should read: " Certificate of minimum composition the crew of the vessel providing security shall be issued by the captain of the seaport, that the ship was registered. "; b) in the third paragraph of the words" commercial ports and sea fish "; 7) in article 54: (a) in paragraph 2, the word" respectively "and the words" commercial ports and sea captains, respectively " Fish "delete; (b) in paragraph 3 the word" respectively "and the words" commercial ports and masters of marine fish ", delete; 8), article 74, paragraph 2, should read: " 2. The captain of the seaport acts in accordance with the regulation of the captain of the seaport approved by the federal executive authority in the field of transport. "; The rank of captain of the seaport Captain of the seaport reports directly to the federal executive authority in the field of transport. "; 10) in article 76: . editions: " Article 76. "Captain of the seaport"; b) the first paragraph should read: "The following functions are assigned to the captain of the seaport in maritime ports of maritime safety and order:"; (c) Paragraph 8 should read as follows: "Decoration of ships to and from seaports;"; 11), article 77, recognizing no force; 12) paragraph 3 of article 90 , to read: " 3. The order of the pilotage of vessels in the seaport is determined by the master of the sea port. "; 13) in article 108: a) in paragraph 1 of the word" commercial port or captain of the nearest sea fish ", delete; b) in Paragraph 2 of the word "commercial port or sea captain" and the words "commercial port or sea captain", delete; 14) in article 109: (a), in paragraph 1, the words "commercial port or sea captain" should be deleted; b) in paragraphs 1 and 2 of paragraph 2 of the word " commercial port or captain fish "delete; (15) in the third paragraph of article 111, paragraph 1, of the word" port activities ", replace the words" activities in the port "; 16) in article 114, the words" commercial port or near sea fish " should be deleted; Article 376, paragraph 4, should read: " 4. The register of ships under construction, which are considered by sea vessels after construction, is maintained at seaports located near shipbuilding organizations. The registration rules for vessels under construction in seaports are approved by the federal executive authority in the field of transport. ". Article 36. To amend Part Two of the Tax Code of the Russian Federation Article 340 of Part 2 of the Tax Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3340; 2001, N 33, Art. 3429; 2002, N 22, Text 2026) The following changes: 1) in paragraph 2 of paragraph 2 of the word "port services" to replace "services in ports"; 2) in paragraph 3 of paragraph 3 of the word "port services" should be replaced by "services in ports". Article 37. amending the Code of Inland Water Transport of the Russian Federation Article 112, paragraph 1, of the Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1001) the words "trans-shipment in seaports," should be replaced by the words "operators of sea terminals,". Article 38. Article 28 of the Federal Law on the privatization of state and municipal property Article 28 (8) of the Federal Law dated 21 December 2001 N 178-FZ " On the privatization of state and municipal property " (Russian legislature's Legislative Assembly, 2002, N 4, p. 251; 2006, N 17, sect. 1782; 2007, No. 21, sect. 2455; N 31, st. 4009), amend to read: " 8. Land in the Länder: forest and water fund, specially protected natural territories and objects; contaminated hazardous substances and of the victims of biogenic contamination; common use (plaza, streets, tolls, roads, embankment, parks, parks, gardens, boulevards, water bodies, beaches and other objects); OF THE PRESIDENT OF THE RUSSIAN FEDERATION No land in state or municipal land is reserved for state or municipal needs in accordance with this Federal Act. Unless otherwise provided by federal laws, the land in the land of transport intended for operation in the sea ports is not subject to alienation under this Federal Act. Ports, airports or designated for their development. " Article 39. On the amendment of the Federal Law "On the transfer of land or land from one category to another" Article 12, paragraph 4, article 12 of the Federal Law dated 21 December 2004 N 172-FZ" On transferring land or land from one category to another " (Russian Federation Law Assembly, 2004, N 52, p. 5276; 2006, N 23, st. 2380; N 52, sect. 5498), after the words "location of water facilities", add the words ", including those related to the creation of artificial land in cases provided for by federal laws". Article 40. On amendments to the Federal Law "On Concession Agreements" Enroll Federal Law of July 21, 2005 N 115-FZ "On concession agreements" (Legislative Assembly of the Russian Federation, 2005, N 30, sect. 3126) The following changes: 1) Article 4, paragraph 4, after the words "including" with the words "artificial land intended for the establishment and (or) reconstruction of the ports of ports,"; (2) Article 11 is supplemented by Part 1-1 as follows: " 1-1. The lease (sublet) of the land referred to in paragraph 4 of article 4, paragraph 4, of this Federal Act shall be concluded with the concessionaire not later than sixty working days after the state cadastral register Land. ". Article 41. Entry into force of this Federal Law 1. This Federal Law shall enter into force 10 days after its official publication, except for article 36 of this Federal Law. 2. Article 36 of this Law shall enter into force at the expiration of one month from the date of its official publication and not earlier than the first number of the regular tax period on mineral extraction tax. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 8, 2007 N 261 FZ