RUSSIAN FEDERATION FEDERAL LAW amending the Merchating Code Russian Federation Adopted by the State Duma on 3 June 2011 Approved by the Federation Council on 8 June 2011 g. N 36-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2207; 2001, N 22, sect. 2125; 2003, N 27, sect. 2700; 2004, N 45, sect. 4377; 2005, N 52, sect. 5581; 2006, N 50, sect. 5279; 2007, N 46, p. 5557; N 50, sect. 6246; 2008, N 29, Art. 3418; N 30, est. 3616; N 49, sect. 5748; 2009, N 1, est. 30; N 29, Art. 3625; 2010, N 27, sect. 3425; N 48, sect. 6246) the following changes: 1) Article 4 should be redrafted to read: " Article 4. Shipment and towing between sea ports of the Russian Federation, the use of ships for other activities in the inland seawater or territorial sea Russian Federation 1. The transport and towage in the communication between seaports of the Russian Federation (cabotage) are carried out by vessels flying the State flag of the Russian Federation. 2. Activities related to the ice wiring, search, rescue and towing operations, the rise of sunken assets into the sea, hydrotechnical, submarine, technical and other similar works, in inland seawater or in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In accordance with the international agreements of the Russian Federation or in the cases and in the manner prescribed by the Government of the Russian Federation, carriage and towing, in cabotage and other activities provided for in paragraph 2 of this article, activities may to be carried out by vessels flying the flag of a foreign State. "; 2) in article 5: (a), paragraph 1 should read: " 1. The State administration in the field of trade navigation is carried out by the federal executive authority in the field of transport, exercising public policy and regulatory functions in the field of maritime transport. (hereinafter referred to as the federal executive authority in the field of transport) as well as the federal executive authority in the field of fishing and other federal executive authorities within their competence. "; b) Paragraph 4 should read: " 4. Navigation-hydrographic security of the sea lanes, except for the Northern Sea Route and the sea routes in the waters of the seaports and approaches to them, is carried out by the federal executive authority in the field of defence. Navigation and hydrographic security on the Northern Sea Route, in the waters of seaports and approaches to them by the federal executive authority exercising public service functions and the Management of State Property in the Field of Maritime Transport. "; (3) Article 6, amend to read: Article 6. State supervision of merchant marine navigation 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is carried out by the federal executive body responsible for monitoring and supervising the transport sector (hereinafter referred to as the federal authority in the field of transport supervision). 2. State supervision of merchant marine navigation in the area of ensuring the safety of navigation vessels of the fishing fleet in fishing areas is carried out by the federal executive authority in the area of fisheries. 3. The Federal Executive of the Transport Supervision Authority investigates accidents or incidents at sea in accordance with the regulation approved by the federal executive authority in the field of transport in accordance with The federal executive authority in the area of fisheries and the federal executive authority in the area of defence. 4. The State supervision of sports and pleasure craft is carried out in accordance with the procedure established by the Government of the Russian Federation. "; 4) in article 10, the words" 331 and 359 "shall be replaced by the words" 331, 336-6-336-8 and 359 "; 5) 15, amend to read: " Article 15. The right of navigation under the State flag of the Russian Federation 1. The right of navigation under the State flag of the Russian Federation shall be granted to vessels owned by: 1) citizens of the Russian Federation; 2) legal persons in accordance with the legislation of the Russian Federation; (3) Russian Federation, constituent entities of the Russian Federation; 4) municipalities. 2. According to the charterer, the right of navigation under the State Flag of the Russian Federation may be temporarily granted to a vessel registered in the register of vessels of a foreign state and provided with the use and possession of the Russian Federation. The charterer of the chartering contract (berbocharter), if: (1) the charterer of the Berbauter charterer meets the requirements for the owner of the vessel in accordance with paragraph 1 of this article; 2) the owner of the vessel gave consent in writing for the transfer of the ship under the State Flag of the Russian Federation; 3) a mortgage holder of a ship's mortgage or a charge of a vessel of the same character established and registered in accordance with the law of the State in which the vessel is registered, In writing, consent to the transfer of a vessel under the State Flag of the Russian Federation; 4) the law of the State in which the vessel is registered does not prohibit the granting of navigation rights under the flag of the Russian Federation States; 5) right of navigation under the flag of foreign " The Russian Federation has suspended or will be suspended at the time of granting navigation rights under the State Flag of the Russian Federation. 3. The right of navigation under the State Flag of the Russian Federation is temporarily granted to the vessel by the captain of the seaport, who is registering a ship in a chartered registry, for a period not exceeding the term of the bareboat charter. For the purpose of changing the flag, the term of the bareboat cannot be less than one year. When a vessel is temporarily granted navigation rights under the State Flag of the Russian Federation, the captain of the seaport in which the vessel is registered shall determine the name of the vessel. "; 6) in the paragraph. Article 18 of the words ", or the cancellation of the decision to grant the vessel such a right" to delete; 7) in article 19: (a) in the first paragraph of paragraph 1, the words "may be" should be replaced by the words "must be"; b) in the first paragraph of the paragraph Replace the words "in the field of transport" with the words "in the field of transport surveillance"; 8) the name of chapter II, paragraph 4, as follows: " § 4. Classification and inspection of vessels "; 9) Article 22 should read: " Article 22. Vessels to be Classifications and Inspection. Organizations authorized for classification and inspection of vessels 1. Classifications and clearances are to be registered in the State ship's registry, the chartered registry or the Russian International Register of Ships, passenger, cargo, non-tankers, towing vessels and other self-propelled vessels with main engines with the power of not less than 55 kilowatts, non-self-propelled vessels not less than 80, with the exception of those used for non-commercial purposes of sports and pleasure craft. 2. The classification and inspection of vessels registered in the State ship's registry or bareboat registry shall be carried out by Russian organizations whose powers are determined by the Government of the Russian Federation in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation. Classification and inspection of vessels registered in the Russian International Register of Ships, according to the choice of the ship owner, are carried out by Russian organizations authorized for classification and inspection of vessels, or OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Russian organizations authorized for classification and inspection of vessels may be established in the form of federal autonomous institutions. "; 10), article 23, as follows:" Article 23. The examination of the vessels 1. The vessels referred to in article 22, paragraph 1 of this Code are inspected by Russian organizations authorized to classify and certify vessels or foreign classification societies for conformity with the requirements of international law. of the Russian Federation 2. The conformity of the vessels with the requirements referred to in paragraph 1 of this article shall be confirmed by documents issued by Russian organizations authorized for classification and inspection of vessels or by foreign classification societies. "; (11) Article 24 should read as follows: " Article 24. Classification of vessels 1. The Russian organizations authorized for the classification and inspection of vessels or foreign classification societies shall, in accordance with their powers, assign the class to the vessels referred to in article 22, paragraph 1, of this Code. 2. Russian organizations authorized for the classification and inspection of vessels issue the rules for the classification and construction of vessels, the technical supervision of the construction of vessels, the rules of technical supervision of the production of materials and articles for The courts shall issue a classification certificate attesting to the conformity of the courts with these rules. Russian organizations authorized for the classification and inspection of vessels shall not issue classification certificates in the event of failure to comply with these regulations, suspend or terminate the classification code previously issued by them. ";"; 12) Article 25 should read as follows: Article 25. Ship documents 1. The vessels referred to in article 22, paragraph 1, of this Code shall have the following documents: 1) a certificate of navigation under the State Flag of the Russian Federation; 2) a certificate of ownership vessel; 3) passenger certificate (for a passenger vessel); (4) measurement certificate; 5) certificate of the freeboard mark; 6) oil pollution prevention certificate; 7) permit for a ship's radio station and a radio journal (if the vessel has Ship's radio station); 8) Ship's role; 9) ship log; 10) machinic log (for motor vessels); 11) Sanitary Log; 12) navigation rights; 13) other ship documents provided for in the international treaties of the Russian Federation, laws and other legal acts of the Russian Federation. 2. A vessel used for sanitary, quarantine and other controls may not have a proof mark and a measurement certificate. The capacity of such a vessel may be defined in a simplified manner with the issue of the permit. (Paragraph 18 of paragraph 12 is no more effective-Federal Law of 23 April 2012. N 36-FZ) 13) Article 26 shall be declared void; 14) Article 27 should read as follows: Article 27. Ship documents for certain categories of vessels 1. Sports, pleasure craft and other self-propelled vessels with main engines of less than 55 kilowatts and non-self-propelled vessels with a capacity of less than 80 shall have the following documents: 1) a ship's ticket; 2) Ship's role. 2. A ship ticket that the vessel referred to in paragraph 1 of this article certifies the right of navigation under the State Flag of the Russian Federation, the ownership of a certain subject, the capacity of the vessel, the shelf life of the vessel, shall be certified by paragraph 1 of this article. a navigation vessel. "; 15) Article 28 to be repealed; 16) Article 29 should be amended to read: " Article 29. Organs issuing vessel documents 1. A certificate on the right of navigation under the State Flag of the Russian Federation, a ship's ticket and a certificate of ownership for the vessel shall be issued by the authority carrying out the registration of the vessel. 2. The authorization for a ship's radio station shall be issued by the authorized Government of the Russian Federation by the Federal Executive. 3. The ship's sanitary certificate is issued by the authorities of the Russian Federation for Sanitary and Epidemiological Surveillance. 4. For the issuance of the documents referred to in paragraphs 1, 2 and 3 of this article, the State duty shall be paid in the amount and in accordance with the procedure established by the laws of the Russian Federation on taxes and charges. "; , to read: " Article 32. Rules for the maintenance of ship's documents. Storage of Ship Log 1. Article 25, paragraph 1, subparagraphs 9 to 11 of this Code shall be subject to the rules laid down by the federal executive authority in the field of transport. 2. The ship's log shall be kept on board for two years from the date of the last entry. At the end of that period, the ship's log shall be deposited with the authority in which the vessel is registered. This body shall maintain a ship's log for at least ten years in the manner prescribed by the federal executive authority in the field of transport. 3. The ship's log is available for consultation and removal of copies to eligible persons. If the vessel is sold outside of the Russian Federation, the ship's log shall be available for inspection and removal of copies to persons entitled to obtain relevant information for the period prior to the sale of the ship. "; (18) In the title of Chapter III, the words "and their rights" should be replaced by ", rights and transactions"; 19) in article 33: (a), paragraph 2 should read: " 2. The right to own property and other proprietary rights of the vessel, the limitation (encumment) of these rights (mortgage, trust management and other), their appearance, transition and termination shall be registered in the State Register of Shipping or the ship's book. The right to property and other proprietary rights to a ship registered in the Russian International Register of Ships (except for those rights to a charter-chartered ship), limitations (encumbering) of these rights (mortgage, management and other), their emergence, transition and termination are subject to registration in the Russian International Register of Ships. Registration in the Russian International Register of Ship Vessels, with respect to the right of ownership and other proprietary rights to which the limitation (encumment) is established, and the exclusion from the said registry of such vessel shall be effected with the consent of The written form of the person in favour of which the corresponding limitation (encumment) is placed. "; b), paragraph 3, amend to read: " 3. Registration in the State ship's registry, the Russian International Register of Courts, or a ship's book of property and other proprietary rights to vessels, restrictions (encumplement) of these rights, their origin, transition and termination is the only one "Evidence of the existence of rights, limitations (encumbrations) of these rights and transactions which can be challenged only by court order."; ) in the second paragraph of paragraph 4 of the words "and rights at sea ports" ", their rights and their dealings in seaports and central records of registered vessels "; g), paragraph 5, amend to read: " 5. The State registry shall register the vessels referred to in article 22, paragraph 1, of this Code. The vessels not referred to in article 22, paragraph 1, of this Code shall be entered in the ship's books. The State ship registry and the ship's books do not register lifeboats and other floating equipment which are vessel belonging. "; d) paragraph 2, second paragraph of paragraph 7, shall be declared void; 20) Article 35 Amend the text as follows: " Article 35. Bodies which register vessels 1. The registration of the vessels referred to in article 22, paragraph 1, of this Code shall be carried out by the captain of the seaport. Information on registered fishing fleet vessels and rights on them is submitted quarterly by the captain of the seaport to the federal executive authority in the area of fisheries. 2. Registration of vessels not referred to in article 22, paragraph 1, of this Code shall be carried out by bodies authorized by the Government of the Russian Federation. 3. Registration of vessels in the Russian International Register of Ships is carried out by masters of seaports, the list of which is approved by the Government of the Russian Federation. "; 21) in the second paragraph of article 37, paragraph 3, of the phrase" and the rights thereto in maritime transport. "Replace the ports of" with the words ", the rights and the transactions with them in the seaports and the centralized registration of registered vessels"; 22) Article 38 should read as follows: Article 38. Registration of a vessel chartered under the contract chartering of a vessel without a crew (berbooot-charter) 1. Registration in a chartered registry or the Russian International Register of Ships of a Vessel registered in the Register of Foreign States is carried out on the basis of a statement by the bareboat charterer with the following application: required for the registration of documents: 1) an extract from the register of vessels of a foreign state, in which the vessel is registered immediately before the change of the flag, with an indication of the owner of the vessel and the mortgagee of the registered mortgage of the vessel a registered charge of a vessel of the same nature if mortgage or encumment established; 2) consent in writing of the owner of the ship and the mortgagee of the registered mortgage of a vessel or a registered charge of a vessel of the same nature for the transfer of the vessel to the State Flag Russian Federation; 3) a document issued by the competent authorities of a foreign State in which the vessel is registered immediately prior to the change of the flag and confirming that the right of navigation under the flag of such State has been suspended the right of navigation under the State Flag Russian Federation; 4) an original and a copy of the berbote-charter; 5) the measurement certificate; 6) passenger certificate (for the passenger vessel); 7) the identification number of the vessel, A document confirming that the charterer of the berbote charterer meets the requirements for the owner of the vessel in accordance with article 15, paragraph 1, of this Code. 2. When a vessel is registered in a chartered registry or the Russian International Register of Ships, a certificate is issued on the right of navigation under the State Flag of the Russian Federation for a period not exceeding the term of the bareboat charter. "; Article 42 should be amended to read: Article 42. Initial registration of a vessel in State ship register, Russian international registry of vessels or ship's book The State ship registry, the Russian International Register of Ships or the ship's book within one month from the day of its descent into water acquired outside the Russian Federation before the expiry of the provisional certificate, OF THE PRESIDENT OF THE RUSSIAN FEDERATION issued in accordance with article 16, paragraph 2, of the present Code. "; 24), article 44, as follows:" Article 44. Re-registration of a vessel If, as a result of an incident or for any other reason, the vessel ceases to correspond to information previously entered in the State ship's registry, the Russian International Register of Ships or the Ship's a book may be re-registered after it has been inspected. "; 25) in article 46: (a) in the name of the word" and its rights "to be replaced by", rights and transactions "; b) Paragraph 1 should read: " 1. In the registration of a vessel, rights and transactions may be refused if: "; , in the fourth word" rights of the vessel "delete; d) paragraph 7, after the words" on the vessel ", add" and deals with the vessel ", after the word" vessel ". with the words "rights" to be supplemented with the words "and transactions"; d) to add the following paragraph: "there are contradictions between the claimed rights and already registered rights."; e) to supplement paragraph 2 of the following table of contents: " 2. The refusal to register the ship, the rights to it and the transactions with it may be appealed by the person concerned to the court or arbitral tribunal. "; 26) article 53 should be amended to read: Article 53. Minimum crew for the vessel 1. Each vessel shall be on board a crew whose members have adequate qualifications and composition sufficient to: 1) ensure the safety of navigation of the vessel, the protection of the marine environment; 2) The requirements of working time on board the vessel; (3) to prevent overloading of crew members of the vessel. 2. A certificate of the minimum composition of the crew of the vessel providing security shall be issued by the captain of the seaport in accordance with the regulation approved by the federal executive authority in the field of transport in agreement with the relevant authorities. All-Russian trade unions. When exercising control at seaports, the conformity of the vesse' s crew with that contained in the certificate of minimum crew composition of the vessel providing security is proof that the vessel is manned The crew shall ensure the safe navigation of the vessel. "; 27) in article 54: (a), paragraph 1, amend to read: " 1. The members of the ship's crew are allowed to hold the diplomas and qualification certificates established by the certificate of qualification of the crew members approved by the Government of the Russian Federation authorized by the Government of the Russian Federation. by the executive branch of the executive branch. "; b) in paragraph 4 of the words" by the federal executive authority in the field of transport and the federal executive authority in the area of fishing ", replace by the words" the federal authority "; 28) in the In article 57, paragraph 3, the words "the Government of the Russian Federation" shall be replaced by the words "in the manner prescribed by the Labour Code of the Russian Federation"; (29) article 69 should read as follows: " Article 69. Commencement of the criminal case of public prosecution and the implementation of urgent investigative actions by the Captain of the vessel 1. On a vessel navigating, the captain of the vessel shall institute criminal proceedings for public prosecution and carry out urgent investigations in accordance with the Code of Criminal Procedure of the Russian Federation. 2. In the event that a criminal case is opened in a public prosecution, the order and characteristics of the master's execution in connection with these actions, which are not procedural, are determined by the federal executive authority in the field of transport. "; 30) add the following article 69-1: " Article 69-1. The acts of the captain of the vessel against persons of the perpetrators of crimes against maritime security The captain of the ship may hand over to the competent authorities of a foreign State if that is the case is provided for by the international treaty of the Russian Federation, a person for whom the master of the ship has reasonable grounds to believe that it has committed an offence against the safety of maritime navigation, except for the citizen OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federation of a stateless person. In this case, the captain of the vessel, if possible before the entry of the vessel to the territorial sea of a foreign State, shall be obliged to communicate, if practicable, to its competent authorities notification of its intention to give it to them and the reasons for it and to provide the said bodies with available evidence. "; 31) paragraph 12 of article 76, to recognize the invalid force; 32) Article 79, amend to read: Article 79. State port control of vessels 1. State port control of vessels located in the seaport, vessels entering the sea and the conduct of a central record of such control are carried out by the captain of the seaport for the purpose of checking the presence of ship's documents, conformity Main characteristics of ships ' documents and compliance with the requirements concerning the safety of navigation and the protection of the marine environment from pollution from ships. 2. In the absence of ship papers or the existence of reasonable grounds to believe that the vessel does not meet the safety requirements of navigation, the captain of the seaport shall subject the vessel to inspection. 3. In order to verify the removal of the defects identified during the inspection of the vessel, the master of the seaport performs an inspection of the vessel. 4. The state port control of vessels in the seaport and vessels entering the sea and the centralized accounting of such control is approved by the federal executive authority in the field of transport. 5. The captain of the seaport, in accordance with the procedure established by the federal executive authority in the field of transport, may prohibit the entry of the vessel into the seaport or the anchor of the vessel on approaches to the seaport in the event of a significant non-conformity of a vessel for the safety of navigation and the protection of the marine environment from pollution from vessels. "; 33) article 82 should be amended to read:" Article 82. Construction in the area of operation of the navigation situation Construction in the zone of navigation of means of navigation must be agreed with the federal executive authority implementing functions in the provision of public services and management of State property in the field of maritime transport, and the federal executive authority in the field of defence, and in the cases envisaged in paragraph 11 of article 76 of this Code, The captain of the seaport. "; 34) Article 88, set out in , to read: " Article 88. State supervision of the activities of the organizations working on pilotage vessels 1. The State supervision of the activities of organizations carrying out pilotage courts is carried out by the federal executive authority in the field of transport. 2. In the exercise of State supervision over the activities of organizations that carry out pilotage, the federal executive authority in the field of transport has the right to decide: on implementation of compulsory pilotage of the vessels of such organizations in the area and its volume; on appeal to the arbitral tribunal for the liquidation of such organizations, repeatedly or flagrantly violating requirements the facilities, numbers and qualifications of their employees, as established by the Federal The executive branch in the field of transport, for the purposes of article 86 of this Code, for the purposes of the pilotage of the vessels. "; 35), article 89 should be amended to read:" Article 89. Establishment of compulsory and district areas of the mandatory pilotage of vessels Federal executive authority in the field of transport establishes compulsory and areas of compulsory pilotage In mandatory regulations in seaports. "; 36), article 90, paragraph 2, should read: " 2. Categories of vessels exempted from compulsory pilotage shall be established by the federal executive authority in the field of transport in mandatory regulations in seaports. "; 37) in article 91: (a) Paragraph 2 Amend the text as follows: " 2. In areas where the pilotage of vessels is not compulsory, the federal authority in the field of transport establishes the categories of vessels that the goods themselves or the goods carried may pose a threat of causing damage The marine environment and the pilotage of which are mandatory. The categories of such vessels are fixed in mandatory regulations in seaports. "; b) to supplement paragraph 3 as follows: " 3. In areas where the pilotage of vessels is not compulsory, the captain of the seaport may establish a compulsory pilotage of vessels that have serious damage to the hull, machinery or equipment, which can be significant affect the safety of navigation in the seaport. In this case, the master of the ship shall be notified that his vessel is to be under the pilotage of the vessel. "; 38) in article 104, paragraph 2, the words" his own action "should be replaced by" its own actions "; 39) in paragraph 1 Article 123, the word "respectively", delete, the words "and the federal executive authority in the field of fishing, which shall" replace the words ", which sets"; 40), paragraph 5 of article 130 shall be declared invalid; Article 131, paragraph 4, to be void; 42) to become 133, amend to read: " Article 133. The payment for the early loading of the goods The amount payable to charterer for the end of loading of the goods before the expiry of the period of time (dispash) is determined by the agreement of the parties. In the absence of an agreement between the parties, the dispensation is calculated in the amount of one second demurrage. "; 43), paragraph 2, of chapter VIII, add the following: Article 141-1. The application of the rules to unload cargo at the port of its Unload Rules set by Articles 126, 127, 129-133 and 135 of this Code respectively apply to the unloading of the load at the port of its unloading. "; 44). 2 of article 162, the word "may" was replaced by the words "could not"; 45) in paragraph 2 of article 177: (a), in the first paragraph, "the carriage of the passenger by the carrier" is replaced by the words " whether the passenger is actually carried by such person "; b) in the second paragraph of the word" owner of the vessel or by a person who uses the vessel lawfully, actually performs "substitute the shipowner, in effect"; 46) in paragraph 4 of Article 317, the word "negligence or other unlawful acts" Replace "by negligence or as a result of other unlawful acts"; 47) Article 320 should read as follows: " Article 320. Limitation of ownership of the ship The owner of a ship has the right to limit its liability to one incident by a total amount calculated as follows: 4.51 million units of account for the ship with a capacity of not more than 5,000; for a vessel having a capacity of more than 5 000 to the sum specified in paragraph 2 of this article, 631 units of account are added for each subsequent unit of capacity, provided that the total sum is under no circumstances. a case does not exceed 89.77 million units of account. "; 48) in Article 322, paragraph 1, of the words "or, where such action has not been brought, before a court or arbitral tribunal in which the action may be brought against the words" or may be brought in accordance with the jurisdiction of the court or arbitral tribunal established by the court or arbitral tribunal, Article 325, paragraph 5, of this Code "; 49) in article 323: (a), paragraph 1, amend to read: " 1. The owner of a vessel registered in the Russian Federation and carrying in bulk more than 2,000 tons of oil is required to cover its liability for damage caused by pollution according to the rules established by this chapter, to make insurance or provide other financial security of liability for an amount equal to its liability for pollution damage in accordance with article 320 of this Code. "; b) to supplement paragraph 3 of the following Content: " 3. The rules set out in paragraph 1 of this article shall apply, respectively, to a foreign vessel carrying more than 2,000 tons of oil in a port in the territory of the Russian Federation or withdrawing from it, or arriving at a coastal structure in the territorial sea of the Russian Federation or from such a coastal structure. "; 50) in article 324: a) in paragraph 1: in paragraph 4 of the word" place of principal " Replace the words "the main place of activity"; in paragraph 6 Replace the words "the place of substantive activity" with the words "the main place of activity"; (b) in paragraph 6: the words "of a State and for which no insurance or other financial security is required" replace the words "the Russian Federation, transports more than 2,000 tons of oil in bulk and for which no insurance or other financial security is provided", the words "the responsibility of the State" shall be replaced by the word "State". "responsibility"; add next paragraph content: " The rules set out in the first paragraph of this paragraph shall apply to a foreign State owned and loaded as a load of more than 2,000 tonnes of oil to a vessel which is going to be delivered in A port in the territory of the Russian Federation or an outgoing or incoming coastal structure in the territorial sea of the Russian Federation or a diverting coastal structure. "; , in paragraph 7 of the words" this chapter " Replace by the words "paragraph 1 of paragraph 6 of this article and paragraph 1 of the article" 323 this Code "; 51) to supplement Article 324-1 as follows: " Article 324-1. Consequences of failing to have evidence 1. Any vessel carrying more than 2,000 tons of oil in bulk cannot enter or leave the port in the territory of the Russian Federation or arrive at a coastal structure in the territorial sea of the Russian Federation or depart from A coastal structure in its territorial sea, unless there is a certificate on board such a vessel, as provided for in article 324, paragraph 1 or 6, of this Code. 2. If, in violation of the regulation referred to in paragraph 1 of this article, the vessel enters or leaves the territory of the Russian Federation, or enters into a coastal structure in the territorial sea of the Russian Federation to enter or withdraw from the port, or to arrive at or depart from the coastal structure, the vessel may be detained by order of the sea captain until the owner of the vessel is granted the owner of the ship The certificate. "; 52) in article 325: (a) in paragraph 2: sub-paragraph 3: "(3) any shipowner who is not the owner of the vessel;"; in subparagraph 6 of the word " if the damage from the pollution was not the result of their own actions or their own Inactivity committed intentionally or by gross negligence "delete; b) to be supplemented by paragraph 2-1 as follows: " 2-1. A claim for compensation for damage shall not be made against the persons referred to in paragraph 2 of this article, unless the damage from the pollution is the result of their acts or omissions committed intentionally or by gross negligence. "; in) add the following: " 5. The claim for damages from pollution to the owner of the vessel, to the insurer or to the person who has granted the other financial security of the ownership of the ship shall be brought before a court or arbitral tribunal in the Russian Federation at the place of occurrence damage if, as a result of the incident, pollution damage was caused in the territory of the Russian Federation, including in the territorial sea of the Russian Federation, or in its exclusive economic zone, or preventive measures were taken. OF THE PRESIDENT OF THE RUSSIAN FEDERATION number in the territorial sea of the Russian Federation, or in its exclusive economic zone. "; 53) in article 326, paragraph 2 (3), delete; 54) in paragraph 2 of article 327: a) 3 Amend to read as follows: " in bulk of harmful liquid substances as defined in annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, c amendments; "; b) in paragraph 6 of subparagraph 4 of the word" if even " In the words "provided that"; 55) in the fourth paragraph of Article 328, the words "negligence or other unlawful acts" should be replaced by the words "by negligence or other unlawful acts"; 56) in article 329: (a) In the name of the word "rude" delete; (b) the word "gross" delete; 57) article 331 should be amended to read: " Article 331. Limitation of ownership of the ship The owner of a ship has the right to limit its liability to one incident by a total amount calculated as follows: 10 million units of account for the ship with a capacity of not more than 2,000; for a vessel having a capacity of more than 2,000 to the sum of the second paragraph of this article, each subsequent unit of capacity shall be added: from 2,001 to 50,000-1,500 calculated units; more than 50 000-360 units of account, provided that the total amount in no case exceeds 100 million units of account. "; 58) in article 334: (a), paragraph 1 should read: " 1. The owner of a vessel registered in the Russian Federation and actually carrying dangerous and harmful substances to cover his or her liability for damage under the rules established by this Chapter shall be insured or To provide other financial security of liability for an amount equal to its liability for pollution damage in accordance with article 331 of this Code. "; b) to supplement paragraph 3 with the following: " 3. The rules set out in paragraph 1 of this article shall apply, respectively, to the vessel actually carrying dangerous and harmful substances to a vessel flying the flag of a foreign State entering a port in the territory of the Russian Federation or withdrawing it. from it to a coastal structure in the territorial sea of the Russian Federation or from such a coastal structure. "; 59) in article 335: a) in paragraph 1: in paragraph 4 of the word" place " "Replace the main activity" with the words "the main activity"; In paragraph 7, replace "main activity" with "main activity"; b) in paragraph 6: the words " of the State and for which no insurance is required, or to provide other financial security "to replace the words" of the Russian Federation, actually transports hazardous and harmful substances and for which no insurance or other financial security is provided ", the words" liability " replace by the word "responsibility"; with a paragraph , to read: "The rules set out in the first paragraph of this paragraph shall apply to the property of a foreign State and actually carrying dangerous and harmful substances to a vessel which is actually in possession of a vessel" A port in the territory of the Russian Federation or an outgoing or incoming coastal structure in the territorial sea of the Russian Federation or a diverting coastal structure. "; , in paragraph 7 of the words" this chapter " Replace with the words "paragraph 1 of article 334 of this Code and paragraph 1" 6 of this article "; 60) to supplement article 335 to 1 as follows: " Article 335-1. Consequences of failure to perform have certificate 1. Any vessel actually carrying dangerous and harmful substances may not enter or leave the port in the territory of the Russian Federation or move to a coastal structure in the territorial sea of the Russian Federation or move away from such a coastal facility. installations, if there is no certificate on board such a vessel under article 335, paragraph 1 or 6, of this Code. 2. If, in violation of the regulation referred to in paragraph 1 of this article, the vessel enters or leaves the territory of the Russian Federation, or enters into a coastal structure in the territorial sea of the Russian Federation to enter or withdraw from the port, or to arrive at or depart from the coastal structure, the vessel may be detained by order of the sea captain until the owner of the vessel is granted the owner of the ship certificate. "; 61) to add to Chapter XIX-1 as follows: " Chapter XIX-1. RESPONSIBILITY FOR DAMAGE FROM POLLUTION Article 336-1. Basis of liability of shipowner 1. The shipowner from the time of the incident or, if the incident consists of a number of incidents of the same origin, shall be liable for damage caused by the bunker fuel on board from the moment of the first incident The vessel or the source of which is the vessel, except as provided for in articles 336 to 2 and 336 to 3 of this Code. 2. If only one vessel is involved in an incident and more than one person is liable for damage caused by pollution in accordance with paragraph 1 of this article, the liability of such persons shall be joint and several. 3. In this article and subsequent articles of this chapter: 1) the injured person is a national, a legal person, a State or any part thereof; 2) the owner of the ship is the person registered in the The quality of the owner of the vessel. In the case of a vessel owned by the State and operated by an organization which is registered as shipowner, the owner of the vessel is such an organization; 3) bunker fuel is any hydrocarbon mineral Oil (including lubricating oil) used or intended for use for the purposes of operation or movement of the vessel and any residues containing such oil; 4) pollution damage is: any damage caused of a vessel by pollution caused by leakage or discharge bunkers from a vessel, where such leakage or plleaking occurred, provided that compensation for damage caused to the environment, other than loss of profits as a result of such damage, is limited to the costs of reasonable expenses. The remedial measures that have actually been adopted or are to be adopted; the costs of preventive measures and subsequent damage caused by such measures; 5) precautionary measures are any reasonable measures taken by any person after the incident, for the prevention or reduction of pollution damage; 6) an incident is any incident or series of occurrences having the same origin that caused damage to the pollution or a serious and immediate threat of such damage. Article 336-2. Release of shipowner from liability The shipowner is not liable for pollution damage if he proves that the damage: 1) was caused by military or hostile action, civil war, popular unrest or exceptional in nature, unavoidable and intractable; 2) fully caused by the acts or omissions of third parties with the intent to cause damage to the pollution; (3) fully caused by Non-circumspection or other unlawful acts of public The authorities responsible for the maintenance of lights and other navigational aids in the exercise of that function. Article 336-3. The intent or care of the victim If the shipowner proves that the pollution damage was intentionally or partially caused intentionally or by negligence on the part of the injured person, the shipowner could be wholly or partly relieved of responsibility to such a person. Article 336-4. Incident involving two or more vessels In the event of damage from pollution resulting from an incident involving two or more vessels to which the rules of this chapter apply, all shipowners should not be exempted from the incident liability under articles 336 to 2 and 336 to 3 of this Code shall be jointly and severally liable for all damage caused by pollution which cannot be reasonably divided between them. Article 336-5. Limitation of liability The rules established by this Chapter do not affect the right of the owner and the person who has carried out insurance or provided other financial security of the liability of the owner of the vessel, to limit its liability liability in accordance with the rules established by chapter XXI of the present Code. Article 336-6. Insurance or other financial security responsibility 1. The owner of the vessel, having a capacity of more than 1,000 registered in the Russian Federation, must make insurance or provide other financial security of its liability for damage caused by pollution in an amount equal to its limit. Liability in accordance with the rules laid down in chapter XXI of the present Code. 2. The rules laid down in paragraph 1 of this article shall apply, respectively, to a foreign vessel having a capacity of more than 1,000, entering or leaving the port of the Russian Federation, or arriving at a shore facility of the Russian Federation Article 336-7. A certificate of insurance or otherwise financial security of civil liability for pollution damage bunker fuel 1. Certificate of insurance or other financial support for civil liability for damage caused by bunker fuel (hereinafter referred to as evidence), attesting to the existence of insurance or other financial security of liability and having according to the rules established by this Chapter shall be issued by the authority to each vessel, if the requirements of article 336 to 6, paragraph 1, of this Code have been fulfilled. 2. The certificate shall contain: 1) the name of the vessel, its call sign and port (place) of its registration; 2) the name and main place of activity of the owner of the vessel; 3) the identification number a ship assigned by the International Maritime Organization; 4) the type of liability and its duration; 5) the name and main place of activity of the insurer or other financial provider Liability of the person and, where appropriate, the place in which insurance or other financial liability of liability; 6) the period of validity of the certificate, which cannot exceed the duration of the insurance or other financial liability. 3. The certificate shall be drawn up in Russian and shall contain a translation into English, French or Spanish. 4. The certificate must be kept on board, and a copy shall be deposited with the registration authority of the vessel. 5. Liability insurance or other financial liability does not satisfy the requirements of this article, if such security may cease for other reasons than the expiry of the certificate in accordance with 2 of this article of the duration of the insurance or other financial liability insurance, until three months after the notification of the registration authority of that termination, except in the case of revocation by the authority The certificate or issue of the new certificate during this period. 6. The rules set out in paragraph 5 of this article shall also apply to any change in which liability insurance or other financial security shall cease to satisfy the requirements of this article. 7. The conditions, procedure for the issuance and inspection of the certificates referred to in this article shall be determined by the rules approved by the federal executive authority in the field of transport. 8. A vessel with a capacity of more than 1,000, which is owned by the Russian Federation and for which no insurance or other financial liability has been provided, shall have a certificate issued by the competent authority for the registration of the vessel and certifying that the vessel is the property of the State and the liability for damage from pollution is ensured within the limits defined in accordance with the rules established by chapter XXI. of this Code. The certificate shall, to the extent possible, be the certificate referred to in paragraph 1 of this article. 9. The rules set out in paragraph 8 of this article shall apply, respectively, to a vessel owned by a foreign State with a capacity of more than 1,000, entering or leaving the port in the territory of the Russian Federation, or of a coastal structure in the territorial sea of the Russian Federation or a coastal structure which is off the coast. 10. If a vessel to which the rules set out in paragraph 8 of this Article and paragraph 1 of Article 336-6 of this Code apply does not have a certificate issued in accordance with paragraph 1 or 8 of this article, its exploitation shall be prohibited. Article 336-8. Consequences of failing to have evidence 1. Any vessel having a capacity of more than 1,000 persons may not enter or leave the port in the territory of the Russian Federation or come to a coastal structure in the territorial sea of the Russian Federation or to depart from such a coastal facility if at No certificate provided for in Article 336-7, paragraph 1 or 8 of this Code. 2. If, in violation of the regulation referred to in paragraph 1 of this article, the vessel enters or leaves the territory of the Russian Federation, or enters into a coastal structure in the territorial sea of the Russian Federation to enter or withdraw from the port, or to arrive at or depart from the coastal structure, the vessel may be detained by order of the sea captain until the owner of the vessel is granted the owner of the ship The evidence. Article 336-9. Pollution Damage claim 1. Pollution damage may be brought against the owner only in accordance with the rules laid down in this chapter. 2. Subject to the rule laid down in paragraph 3 of this article, a claim for damages from pollution under the rules established by this chapter shall not be brought against: 1) to any person exercising rescue services. Operations with the consent of the ship owner or at the direction of the public authorities; 2) to any person taking preventive measures; 3) to the employees or agents of the persons referred to in subparagraphs 1 and 2 of this paragraph. 3. A claim for compensation for damage shall not be made against the persons referred to in paragraph 2 of this article unless the damage from the pollution is the result of their acts or omissions committed intentionally or by gross negligence. 4. The rules set by this chapter shall not affect the right of recourse of the shipowner to any third party. 5. The claim for damage from pollution may be brought directly to the insurer or to the person who has provided other financial security for the liability of the owner of the vessel for damage caused by pollution. In such a case, the defendant may present those objections, with the exception of the references to bankruptcy or liquidation of the shipowner's organization, which could be invoked by the shipowner, including the limitation of liability under the article 336-5 of this Code. In addition, if a shipowner is not even authorized to limit his liability under article 336 to 5 of the present Code, the defendant may limit his liability to the amount of insurance or other financial security in the case. in accordance with article 336-6 of the present Code. The defendant may also claim that the damage caused by the pollution is deliberately caused by the shipowner, but the defendant cannot use the remedies to which he is entitled to invoke in the case against him. the shipowner. In all cases, the defendant has the right to require the shipowner to be involved in the case as a co-defendant. 6. The claim for damages from pollution to the shipowner, to the insurer or to the person who has provided the other financial security for the owner of the ship shall be brought before a court or arbitral tribunal in the Russian Federation at the place where the damage occurred, If, as a result of the incident, pollution damage was caused in the territory of the Russian Federation, including in the territorial sea of the Russian Federation, or in its exclusive economic zone, or preventive measures were taken to prevent or reduce the damage caused by pollution in the territory of the Russian Federation, in the territorial sea of the Russian Federation or in its exclusive economic zone. Article 336-10. An exception to the scope of the rules set out by this Chapter , The rules established by this chapter shall not apply to pollution damage as defined in article 316, paragraph 2, of this Code, whether compensation is paid for such damage in accordance with the rules set out in Chapter XVIII of this Code. "; 62) in article 359: a) in paragraph 1: in subparagraph 1: in a paragraph Second word "tons" should be deleted; in the third word "tons" delete, replace the word "t" with "one"; in paragraph 4 of the word "tons", delete; , in paragraph 5, delete; , in paragraph 6, delete; in subparagraph 2: in the second word delete; , in the third paragraph, delete the word "t", replace the word "t" with "one"; , in paragraph 4, delete; , delete the fifth word "tons"; , in paragraph 6, delete; b) in paragraph 3 the word "tons", delete; , in paragraph 4, the word "tons" should be deleted; 63), paragraph 3 of article 386, after the words "forced sales", add " or "; 64) in the fourth paragraph of article 408, paragraph 2, of the words", preloading bonuses "should be replaced with" and early loading "; 65) Article 410 should be amended to read: " Article 410. Limitation of compensation for oil pollution damage, bunker fuel damage and damage caused by carriage by sea of hazardous and harmful substances 1. The claim for compensation for pollution damage from oil vessels and damage to bunkers may be made within three years from the date of the damage, but before the expiration of six years from the date of the incident that caused such damage Damage. If the incident consists of a series of incidents, the six-year period starts from the day of the first occurrence. 2. The claim for damages arising from the carriage of dangerous and harmful substances by sea may be brought within three years from the date on which the person who has suffered the damage has learned or should have learned of the damage caused and the owner of the ship, or within 10 years from the date of the incident that caused such damage. If the incident consists of a series of incidents, a 10-year period starts from the day of the last occurrence. "; 66) in article 415: (a) the word" other "should be replaced by" other "; b) paragraph 1 The following wording: " 1. The right to property and other proprietary rights to a vessel subject to State registration shall be determined by the law of the State in which the vessel is registered. "; delete; 67) add the following: Article 422-1. Relationships resulting from damage to bunker fuels When causing damage to bunker fuels, the rules set out in Chapter XIX-1 of this Code apply to: damage from contamination of bunker fuels in the territory of the Russian Federation, including the territorial sea of the Russian Federation and its exclusive economic zone; damage, wherever they may be used. "; 68) in the article 423: (a) Amend the title to read: " Article 423. Realization of the salvage operations of the ship or any other property "; b), paragraph 1, amend to read: " 1. The rules established by chapter XX of this Code shall apply to relationships arising from a vessel or any other property in danger in the navigable waters or in any other waters if the dispute is over is considered in the Russian Federation. "; , paragraph 2, to recognize the void; 69) Article 425 should read: " Article 425. Ipoteka of a vessel or a vessel under construction 1. The validity of registered mortgages and the order of satisfaction of claims arising out of obligations secured by mortgages are determined by the law of the State in which the vessel is registered. 2. A registry of a vessel registered in the registry of a foreign State is recognized and enforced provided that: 1) it is installed and registered in the registry in accordance with the law of the State in which registered; 2) the registry and any deposit to be deposited in the registering authority in accordance with the law of the State in which the vessel is registered, documents are open for inspection and release from the registry and copies thereof. documents can be obtained from the registering body; 3) in the registry and The documents contain at least the name and address of the person in favor of whom the mortgage is installed, or the indication that the mortgage is fixed on the bearer, the amount of the mortgage, the amount of the mortgage, the date and other information that, according to the law, The State in which the vessel is registered determines the order of satisfaction relative to other registered mortgages. 3. The validity of registered mortgages under construction and the order of satisfaction of claims arising out of obligations secured by mortgages are determined by the law of the State in which the ship is built or is built. 4. All questions concerning the enforcement of a mortgage on a ship or a ship under construction are governed by the law of the State in which enforcement takes place. "; 70) Article 426 should read as follows: Article 426. Limitation of liability on maritime requirements The limitation of liability by maritime claims applies to the law of the State in which the maritime claim subject to the limitation is considered of liability. ". Article 2 Article 1, paragraph 4, article 1, paragraph 4, of the Federal Act of 20 December 2005 OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5581) to be declared invalid. Article 3 Shipping documents and other documents that use the word "metric" and which are issued under the terms of the merchant shipping code of the Russian Federation until the day of the entry into force of this Federal Law is considered valid. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 14 June 2011 N 141-FZ