The Merchant Shipping Code Of Turkmenistan

Original Language Title: Кодекс торгового мореплавания Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8357

 
On the approval and introduction of the Merchant Shipping Code of Turkmenistan (statements of the Mejlis of Turkmenistan, 2008 г., no. 4, p. 54) article 1. Approve the Merchant Shipping Code of Turkmenistan.
Article 2. Introduce the Merchant Shipping Code of Turkmenistan since January 1, 2009 year.
Article 3. Continue to bring laws and other normative legal acts of Turkmenistan in accordance with the Merchant Shipping Code of Turkmenistan, they operate to the extent not contrary to the Merchant Shipping Code of Turkmenistan.
Article 4. The rules established by the present Code shall be applied to relations arising in the field of merchant shipping after its launch.
Rules established prior to the enactment of the present Code shall be applied to those rights and obligations in the field of merchant shipping, which occur after its launch.
The rules established by the present code and determining the content of certain types of contracts shall apply to contracts concluded after the entry into force of this code.
Article 5. The Cabinet of Ministers of Turkmenistan in a three-month deadline to bring regulatory legal acts of Turkmenistan in accordance with the Merchant Shipping Code of Turkmenistan.
 
             President Gurbanguly Berdymukhamedov of Turkmenistan Ashgabat city October 23, 2008, # 222-w c o d e k with the MERCHANT NAVY of TURKMENISTAN this code defines legal, economic and organizational foundations of public administration in the field of merchant shipping and regulates relations arising from merchant shipping.
 
Section i. General provisions CHAPTER 1. The MAIN PROVISIONS of Article 1. Basic concepts in the code uses the following concepts: 1) merchant shipping-activities involving the use of vessels: a) the transport of goods, passengers and their baggage;
b) fishing of aquatic biological resources;
in) for the exploration and exploitation of mineral and other non-living resources of the seabed and its subsoil;
g) pilotage, pilotage and icebreaker ice wiring;
d) search, salvage and towing operations;
e) lifting sunken into the sea;
f) hydraulic, underwater engineering and other similar works;
w) sanitary, quarantine, veterinary, phytosanitary and other controls;
and) protection and preservation of the marine Wednesday;
k) for the conduct of marine scientific research;
l) educational, sporting and cultural purposes;
m) other purposes;
2) port water area allotted port water space, limited line coordinates the most remote sea port facilities;
3) bareboat charter-bareboat charter-party agreement under which the shipowner undertakes due to cost (freight) grant charterer the use and possession for a definite period not staffed by the crew and is not equipped for transportation of goods, passengers or other purposes of merchant shipping;
4) tonnage-gross tonnage of a ship determined in accordance with international rules of tonnage in accordance with the International Convention on tonnage measurement of ships, 1969;
5) demurrage-kontrstalijnoe fee;
6) dispach-reward payable against the shipowner for the early release of the vessel from under cargo operations;
7) dispaša-calculation of damages and costs on average and their distribution between the parties involved in the overall marine company; dispašër-the expert of dispašu;
8) Bill of lading is a document issued by the carrier to the sender, and confirming the acceptance of the goods for carriage;
9) kontrstalijnoe time-the period of time during which the vessel is under load or unload excess lay time;
10) pilot-specialist in the field of the safe conduct of vessels to the site of the mooring, anchoring and permutations of ships in port;
11) sea waybill-transportation document prepared for the carriage of goods by sea;
12) marine port complex of buildings located on the designated territory and waters and earmarked for the servicing of vessels used for commercial navigation;
13) marine protest-ship captain's statement on the incident that took place during the period of navigation or berthing in order to secure evidence to protect the rights and legitimate interests of the shipowner;
14) sender-person sending the goods in accordance with the contract of carriage and specified in the shipping documents;
15) passenger-a person, who has a contractual relationship with the carrier and specified on the ticket or other document confirming his right to travel, or engaged under a contract of carriage of goods with the consent of carrier escort vehicle, animals and other goods;
16) passenger ship certificate document that contains information about the maximum permissible number of passengers on board;
17) carrier-a person having the right of ownership or other legal grounds the vessel, providing, in accordance with the contract or the contract of carriage of goods carriage of passenger transport services of passengers, baggage and cargo;
18) floating drilling rig-vessel (floating structure) designed to perform drilling for exploration and/or extraction of groundwater resources of the seabed;

19) beneficiary-the person authorized to receive the goods under the contract of carriage of goods;
20) port towing-towing and perform maneuvers in the waters of the port, including for entering vessel or other floating object in the port or display it from the port;
21) traffic regulations-regulations governing the operations of maritime transport in the implementation of transport;
22) owner-person vessel ownership belongs;
23) shipowner means the person operating the vessel on its own behalf, regardless of whether it is owner of the ship or using it on other legal basis;
24) ship-self-propelled or non-self-propelled floating structure used for merchant shipping;
25) vessel tug-ship designed for the towing and other standard sizes of ships and floating structures;
26) vessels fishing fleet-ships serving the fishing complex used for harvesting of aquatic biological resources, as well as the priëmotransportnye of the Court;
261) small boat-self-propelled vessel main engine power of less than 75 kW (100 HP), non-self-propelled vessel with a capacity of less than 80 tons or boat with outboard motor, regardless of its power, as well as sports and pleasure craft, regardless of the power of the main engine and capacity, Jet (Jet Ski);
27) lay time-the period of time during which the vessel is under load or unload without additional payments to freight;
28) subberbout-Charter-contract subfrahtovaniâ uncrewed craft, under which the charterer within the powers granted to Bareboat Charter rights may enter into contracts in its own name Charter without crew with third parties for the whole term or part of the period of validity of bareboat charter;
29) subtajm-Charter-cubfrahtovaniâ Treaty on the time at which the charterer within the provided time-Charter of rights may conclude on their own behalf the contract of affreightment ship on time with third parties for the whole period or to a part of the validity period time Charter;
30) time Charter-Charter contract for the time at which the shipowner undertakes due to cost (freight) to provide the charterer of the vessel and crew services for a certain period of time in use for the transport of goods, passengers, or for other purposes of merchant shipping;
31) the actual carrier means any person to whom the carrier entrusted with the implementation of transportation of cargo (passenger);
32) freight-all outstanding payments to the carrier under the contract of carriage of goods;
33) charterer-party to the contract of affreightment, which provides vessel, its part or certain shipboard space on a specific term for the purposes of merchant shipping;
34) freighter-a party to a contract of affreightment, providing the vessel, its part or certain marine premises for a certain period of time for the purposes of merchant shipping;
35) Charter-type of contract for the carriage of goods by sea, which was provided for the carriage of goods all ship, its part or certain marine facilities.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 2. The legislation of Turkmenistan on merchant shipping 1. The legislation of Turkmenistan on merchant shipping is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan governing merchant shipping.
2. property relations arising from merchant shipping are regulated by this code. To property relations not governed or not fully covered by this code, the provisions of civil legislation of Turkmenistan.
3. If an international treaty to which Turkmenistan stipulates other rules than those contained in this code, the rules of the international treaty shall apply.
 
Article 3. The scope of the present code 1. This code applies to: 1) ships during their navigation on sea routes, as well as on inland waterways;
2) vessels engaged in mixed navigation "river-sea" during their navigation on sea routes, as well as on inland waterways for the transport of goods, passengers and their luggage into a foreign seaport during the rescue operation and when collides with another vessel.
2. This code, except as provided for in it does not apply to: 1) warships, naval auxiliaries and other ships owned or operated by a State and used only on Government non-commercial activities;
2) non-commercial goods that are owned by the State.
If this Code expressly provides that the rules established by the present Code, apply to the Court and the goods specified in this part, the rules should not be used as grounds for the seizure, arrest and detention of vessels and cargo.
 
Article 4. Navigation between the seaports of Turkmenistan (cabotage) navigation (sailing ships) for transportation of goods, passengers and their baggage, as well as towing floating structures between the seaports of Turkmenistan (cabotage) are carried out by vessels flying the national flag of Turkmenistan.

In some cases, the resolution of the Cabinet of Ministers of Turkmenistan shipping between the seaports of Turkmenistan for the period up to six months may be carried out by vessels flying the flag of a foreign State.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 5. Unit 1. Conversion unit, as provided for in articles 158, 177, 298, 325, 326 of the present Code shall be the special drawing right as defined by the International Monetary Fund.
2. in accordance with the value of the national currency of Turkmenistan in terms of special drawing rights, translation in manats is carried out: 1) on the date of the judgement of the Court, arbitral tribunal or the arbitral tribunal or on the date established by agreement of the parties-the amounts referred to in articles 158, 177 of this code;
2) on the date of the establishment of the Fund, the limitation of liability is the amount specified in article 298 of this code;
3) on the date of the establishment of the Fund, limitation of liability, payment or provision of security equivalent to the payment, the amounts specified in articles 325 and 326 of the present code.
The value of the national currency of Turkmenistan in terms of special drawing right shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and calculations.
 
CHAPTER 2. The State management in the FIELD of MERCHANT SHIPPING of Article 6. State administration bodies in the field of maritime governance in the field of merchant shipping is carried out by authorised by the Cabinet of Ministers of Turkmenistan state management body in the field of water transport (hereinafter referred to as the authorized body in the sphere of water transport), a public authority fisheries management (hereinafter referred to as the authorized body in the field of fisheries), as well as other public authorities within their competence.
 
Article 7. State supervision of trading navigation 1. State supervision of trading navigation is carried out by the competent authorities in accordance with the second and third parts of this article.
2. The authorized body in the sphere of water transport performs State supervision over: 1) compliance with international treaties to which Turkmenistan is a party, relating to commercial shipping and merchant shipping legislation of Turkmenistan;
2) protection of human life at sea;
3) diplomirovaniem crew members regardless of their departmental affiliation;
31) ensuring crew members identity document for seafarers;
4) State registration of vessels and the rights to them, except for vessels fishing fleet;
5) pilotage service and vessel traffic management system in maritime ports;
6) rescue service and interaction with other emergency services;
7) State of sea routes;
8) protecting the marine Wednesday.
3. The authorized body in the field of fisheries performs State supervision over compliance with) 1: international treaties to which Turkmenistan is a party, relating to commercial shipping and merchant shipping legislation of Turkmenistan in respect of vessels fishing fleet;
2) protection of human life at sea;
3) State registration of vessels fishing fleet and the rights to them;
4) pilotage service and vessel traffic management system in maritime ports;
5) protecting the marine Wednesday;


6) malomernymi courts in the manner prescribed by the Cabinet of Ministers of Turkmenistan.

 (As amended by the law of Turkmenistan on March 1, 2014 year and January 12, 2016-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49; 2016 г., # Article _ _) Article 71. The exercise of State supervision of trading navigation 1. The relations related to the exercise of State supervision over trade and seafaring, including organizing and conducting checks of persons active in the field of merchant shipping, apply the legislation of Turkmenistan with the peculiarities of organization and carrying out the checks laid down by parts two-fifth of this article.
2. Subject is respect for persons working in the field of merchant shipping, the mandatory requirements established by international treaties to which Turkmenistan is a party, in the present code and other normative legal acts of Turkmenistan in the field of maritime security (hereinafter referred to as "mandatory requirements).
3. the grounds for carrying out routine inspection is: 1) the expiration of three years from the date of expiry of the last routine inspection of persons operating seaport infrastructure, except for port and shipping hydrotechnical constructions, objects of ensuring safety of navigation;
2) the expiration of one year from the date of expiry of the last routine inspection of persons who exploit the port and shipping hydrotechnical constructions, objects, ensuring safety of navigation.
4. The reason for holding the unscheduled checks are: 1) the expiry of the execution of the person issued by the authorized bodies requirements referred to in article 7 of this code, on Elimination of the revealed violations of the mandatory requirements;

2) flow in the authorized bodies of the appeals and statements of individuals and legal entities, information from government bodies, local self-government bodies, from the media about the facts of accidents and accidents involving violations of the mandatory requirements, the rules of operation of infrastructure facilities of the seaport and ships, the regulations for the carriage and handling of cargo, passengers and baggage, if such violations pose a threat of harm to life , health, the environment, security of the State Wednesday, the property of individuals and legal entities, public property or involve causing such harm;
3) availability of the order of the head of the authorized body on holding unscheduled checks issued in accordance with the instructions of the Cabinet of Ministers of Turkmenistan or by requiring the Prosecutor to conduct unscheduled checks under the supervision of the execution of the laws according to procuratorial bodies and appeals.
5. On the basis specified in paragraph 2 fourth part of this article may be an exceptional Loco immediately.
Prior notification of holding unscheduled exit checks are not allowed.
(New article 71 the Turkmenistan law dated March 1, 2014 year Statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 8. Licensing in the area of merchant shipping of certain activities in the field of merchant shipping to be licensed in accordance with the Turkmenistan law "about licensing separate kinds of activity".
 
SECTION II. VESSEL HEAD 1. OWNERSHIP of a SHIP Article 9. Subjects of the right of ownership of vessels in Turkmenistan may be owned by the State, businesses and individuals.
 
Article 10. Rights of the owner of the vessel, the shipowner has the right at its discretion to make in respect of his vessel, any actions which do not contradict the legislation of Turkmenistan, including ship ownership to alienate others, remaining owner, assign them rights of possession, use and disposition of the vessel set vessel mortgage and encumber it in other ways, to dispose otherwise.
 
Article 11. Asset management 1. The owner of the vessel shall be entitled to refer it to the asset manager in fiduciary management of the vessel for a period not exceeding five years, to implement ship management for remuneration for the owner. When the trustee must be competent in the field of management of vessels and their operation.
2. the transfer of the vessel in trust does not entail the transfer of title to it asset manager.
3. transfer vessel in trust must be registered in the State Register of ships or ship the book.
4. Vessel in economic management or operative Administration may not be transferred in trust.
5. the asset management contract of the ship shall be specified by the parties to such a treaty, the rights and obligations of the trustee, the size and shape of his remuneration.
 
CHAPTER 2. The flag and the NATIONALITY of the SHIP Article 12. The right navigation under the State flag of Turkmenistan 1. The right navigation under the State flag of Turkmenistan provided vessels in State-owned Turkmen citizens, legal persons, in accordance with the legislation of Turkmenistan.
2. a vessel sailing under the State acquires the right to a flag of Turkmenistan since its registration in one of the registries of the courts of Turkmenistan referred to in the first paragraph of article 27 of the present code.
3. the right of navigation under the State flag of Turkmenistan to ship purchased outside Turkmenistan, a temporary certificate is issued by the consular service of Turkmenistan (from the date of issuance) certifying such a right and valid until registration in the public registry of the courts of Turkmenistan or the ship's book, but not more than one year.
4. The notified body in the field of water transport in agreement with the Cabinet of Ministers of Turkmenistan, the right navigation under the State flag of Turkmenistan may be temporarily granted registered in the registry of the courts of a foreign State, a ship, and passed into the possession of the Turkmen against the contract Charter without crew (bareboat charter), if: 1) the charterer of a ship bareboat charterer meets requirements of the owner of the vessel in accordance with paragraph 1 of this article;
2) shipowner gave in writing its consent to the transfer of a ship flying the national flag of Turkmenistan;
3) a pledgee of the mortgage of the ship or vessel loadings of the same nature that are installed and registered in accordance with the law of the State the owner of the ship, gave in writing its consent to the transfer of a ship flying the national flag of Turkmenistan;
4) the law of the State the owner of the ship does not prohibit providing ship right navigation under the flag of a foreign State;
5) sailing under the flag of a foreign country suspended or be suspended in time of vessel navigation rights under the State flag of Turkmenistan.

The right navigation under the State flag of Turkmenistan may be granted to a vessel for a period not exceeding one year, with the right to subsequently extending it through each year, but not exceeding the validity period of bareboat charter. For the purposes of reflagging bareboat charter validity may not be less than one year.
When granting rights to a ship sailing under the State flag of Turkmenistan by the authorized body in the sphere of water transport in agreement with the Cabinet of Ministers of Turkmenistan defines what should be the name of the ship.
5. cancellation of the decision on granting the right vessel sailing under the State flag of Turkmenistan was adopted in the same manner as the decision on the granting of rights.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 13. The nationality of the vessel, using the right navigation under the State flag of Turkmenistan, has the nationality of Turkmenistan and is obliged to bear the national flag of Turkmenistan.
 
Article 14. Loss of vessel navigation rights under the State flag of Turkmenistan the ship loses the right to navigation under the State flag of Turkmenistan if: 1) it ceases to meet the requirements stipulated by part one of article 12 of this code;
2) has expired the term for which a ship in accordance with part 4 of article 12 of this code shall be granted the right of navigation under the State flag of Turkmenistan, or revoked the decision to grant this right to the vessel.
 
Article 15. The temporary transfer of a vessel under the flag of a foreign State 1. When granting a vessel registered in the State Register of ships or ship's book, use and possession of a foreign charterer bareboat charterer such ship may be temporarily relocated under the flag of a foreign State on the basis of the decision of the Cabinet of Ministers of Turkmenistan.
2. A ship may be translated under the flag of a foreign State for a period not exceeding two years, with the right to subsequent extension, but not more than validity term bareboat charter. For the purposes of reflagging bareboat charter validity may not be less than one year.
3. the vessel, translated under the flag of a foreign State, is subject to registration in the appropriate register of ships of the flag State and from that moment his right swim under the State flag of Turkmenistan is suspended.
 
CHAPTER 3. IDENTIFICATION of a SHIP Article 16. The name of the vessel 1. Vessel subject to registration in the State Register of ships or ship the book, must have its name.
2. the owner assigns or changes the name of the ship in the manner prescribed by the notified body in the field of water transport.
To change the name of the ship entry in the ship's registers of Turkmenistan, as the owner will promptly notify mortgagees registered ship mortgages and the international classification society-member of the International Association of classification societies (IACS).
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 17. Call signal 1. The ship is assigned a call sign of the ship identification number, satellite stations and selective calling number of ship stations.
2. the procedure for assigning call signal, the identification number of the ship's satellite station and ship station selective calling shall be established by a public authority in the sphere of communications management, authorized by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER 4. TECHNICAL SUPERVISION OVER SHIPS and SHIP'S PAPERS, article 18. Technical authorities and classification of technical supervision by the courts referred to in the second part of article 19 of this code, and their classification is carried out by the classification society-member of the International Association of classification societies (IACS), authorized by the Cabinet of Ministers of Turkmenistan (hereinafter referred to as the classification society).
 
Article 19. Technical supervision over ships 1. A ship may be allowed to sail only after it is determined that it complies with the requirements of safe navigation.
2. the classification society in accordance with its authority shall be responsible for the technical supervision of passenger, cargo-and-passenger, oil, towing vessels, as well as other self-propelled vessels with main engines power not less than 75 kW and-borne vessels with a capacity not less than 80 tonnes, with the exception of those used for non-commercial purposes of sports and pleasure craft.
3. Technical supervision of sports and pleasure craft, regardless of the power of the main engines and the capacity of these vessels, as well as for other courts, which do not apply the rules established in part two of this article, shall be carried out by the public authority, the technical supervision of malomernymi courts authorized by the Cabinet of Ministers of Turkmenistan.
 
Article 20. Classification classification society in accordance with its mandate assigns class vessels referred to in the second part of article 19 of this code. Assigning class vessels certify classification certificates.
 
Article 21. Ship documents 1. The vessel shall have the following main ship documents: 1) the certificate of the right navigation under the State flag of Turkmenistan;
2) certificate of title to the vessel;

3) minimum crew certificate;
4) certificate of seaworthiness;
5) a passenger certificate (for a passenger ship);
6) international tonnage certificate;
7) load line certificate;
8) oil pollution prevention certificate;
9) certificate for the prevention of pollution by sewage;
10) garbage pollution prevention certificate;
11) license of ship radio and magazine (if the ship is the ship's radio station);
12) list of people crew (crew list);
13) logbook;
14) native journal (for ships with a mechanical engine);
15) magazine Sanitaire;
16) transaction log with sewage;
17) Journal of operations with garbage;
18) Journal of oil operations for vessels other than oil tankers;
19) Journal of oil operations for oil tankers;
20) ship's sanitary certificate of the right of navigation;
21) classification certificate;
22) ship safety certificate on cargo;
23) certificate for equipment and supplies;
24) the international ship security certificate;
25) safety management certificate;
26) a copy of the document of compliance the company;
27) ship security certificate.
The vessel may have other marine documents stipulated by the legislation and international treaties to which Turkmenistan is a party, as well as by the rules approved by the classification society.
2. the vessel used for sanitary, quarantine and other controls may not have evidence on load lines and the measurement certificate. The capacity of such a vessel can be defined only in a simplified manner with the issuance of the relevant certificate.
Carrying vessel inshore, may not have the ship, machine and health magazines, unless otherwise stipulated by the State technical supervision bodies supervising courts, in accordance with part 3 of article 19 of this code.
3. Court in the waters, in addition to the established list of ship's documents, should have the documents stipulated by international treaties of Turkmenistan and the conventions of the International Maritime Organization.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 22. Ship's papers for small vessels 1. Small craft should have the following ship documents: 1) ship ticket;
2) certificate of seaworthiness;
3) list of people crew (crew list).
2. Ship ticket, which must be a vessel specified in the first part of this article, shall certify the right navigation under the State flag of Turkmenistan, a vessel owned by a particular entity and the capacity of the vessel.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) Article 23. Authorities issuing the documents 1. The certificate on the right navigation under the State flag of Turkmenistan, ship ticket and proof of ownership and the certificate of minimum crew shall be issued by the body responsible for the registration of the vessel.
2. a certificate of seaworthiness is issued by the body responsible for the technical supervision of the vessel in accordance with the second and third parts of the article 19 of this code.
3. International tonnage certificate, a passenger certificate, a certificate of load lines, oil pollution prevention certificate, certificate for the prevention of pollution by sewage and garbage pollution prevention certificate shall be issued by the classification society. With his permission, certain categories of ships may not have the measurement certificate or load line certificate.
4. ships engaged on international voyages, the ship's papers, provided for by the international treaties to which Turkmenistan is a party, shall be issued by the classification society.
5. license to ship station shall be issued in accordance with article 8 of this code.
6. The ship's sanitary certificate of the right of navigation is issued by local bodies of State sanitary-epidemiological service of Turkmenistan.
7. For issuing the documents referred to in this article, in accordance with the legislation of Turkmenistan are levied taxes.
 
Article 24. Recognition of ship's documents of a vessel flying the flag of a foreign State recognition of ship's documents of a vessel flying the flag of a foreign State and visiting ports of Turkmenistan is carried out on the basis of international treaties to which Turkmenistan is a party.
 
Article 25. Requirements for its documents on the vessel must be the originals of all the ship's papers, except for the certificate of ownership of the vessel and the ship ticket, a copy of which must be certified by the authority which issued the documents.
 
Article 26. Rules of ship's documents. Storage 1 logbook. Crew list and ship logs specified in paragraphs 13-19 of the first paragraph of article 21 of this code are maintained in accordance with the rules laid down respectively by the notified body in the field of water transport and the notified body in the field of fisheries.
2. the logbook is kept on board the vessel within two years from the date of the last entry. After expiration of the logbook for rent deposited in the body in which the vessel is registered.

3. the logbook is available for consultation and withdrawal from it copies people eligible for relevant information.
In case of sale of a ship outside Turkmenistan logbook is available for consultation and withdrawal from it copies people eligible for relevant information for the period prior to the sale of the vessel.
 
SECTION III. Registration of ships and of Article 27. Registers of the courts of Turkmenistan 1. The vessel must be registered in one of the registries of the courts of Turkmenistan, including: 1) the State Register of ships;
2) ship's book;
3) bareboat charter registry.
2. Public Register of ships or ship registration book ownership and other rights in rem to a ship, as well as the limitation (encumbrance) rights (asset management, mortgage, etc.).
3. Registration in the State Register of ships or ship book ship ownership and other real rights to the ship, as well as limitations (encumbrances) rights is the sole proof of the existence of the registered right which can only be challenged in the courts.
4. Public Register of ships shall be subject to the registration court supervision which is monitored by the technical supervision and classification of vessels in accordance with paragraph 2 of article 19 of this code.
In the ship's books are subject to registration Court, technical supervision by the authorities of technical inspection in accordance with paragraph 3 of article 19 of this code.
In the public register of ships and ship books are not subject to registration launches, boats and other floating craft which are accessories of the vessel.
5. In a bareboat charter registration registry of the Court which, in accordance with part 4 of article 12 of this code is temporarily granted the right navigation under the State flag of Turkmenistan.
6. the Registries of the courts are open to all persons interested in obtaining the information contained in them. The interested party has the right to obtain extracts from duly completion of the registries of the courts for a fee according to the tariff in accordance with the legislation of Turkmenistan.
 
Article 28. Ships used only on Government non-commercial activities 1. Registration of ships used for government non-commercial activities, except a warship, naval auxiliary vessels and ships is carried out in border State Register of ships or ship the book in accordance with the rules established by this section.
2. vessels whose registration is carried out in a different order than that provided for in paragraph 1 of this article may be re-registered in accordance with the rules established by this section, if the use of such vessels for commercial purposes.
 
Article 29. Ship registration authorities 1. Registration of vessels referred to in the second part of article 19 of this code, shall be carried out by the notified body in the field of water transport, except vessels in the fishing fleet, whose registration is carried out by the notified body in the field of fisheries.
2. registration of the vessels referred to in paragraph 3 of article 19 of this code is monitored by the technical supervision of such vessels.
 
Article 30. Ship registration fees For ship registration in the State Register of ships, ship's book and bareboat charter registry and any modification thereto shall be charged fees in the manner prescribed by the legislation of Turkmenistan.
 
Article 31. Conditions for registration of ships 1. A ship may only be registered in one of the registries of the courts.
2. Vessel registered in the registry of the courts of a foreign State may be registered in the State Register of ships or ship the book after deletion of the registry of the courts of a foreign State and the submission of the certificate certifying that the vessel is excluded from such a register.
Ship registration in the registry of the courts of a foreign State not recognized, if the vessel is not excluded in the prescribed manner from the State of registry of the ship or ship's books.
 
Article 32. Registration of a vessel in a bareboat charter the registry 1. In a bareboat charter registry vessel registered in the registry of the courts of a foreign State shall be registered within one month from the date of adoption of the decision on the temporary granting of the right of such a vessel sailing under the State flag of Turkmenistan in accordance with paragraph 4 of article 12 of this code.
Registration of a vessel is carried out on the basis of statements by the charterer of a ship bareboat charterer with the application documents necessary for registration: 1) extract from the registry of the courts of a foreign State in which the vessel is registered immediately before the change of flag, indicating the owner and mortgagee registered mortgage or a registered encumbrance vessel the vessel of the same nature, if a mortgage or encumbrance;
2) the consent in writing of the owner and the mortgagee a registered mortgage or a registered encumbrance vessel the vessel of the same nature on the ship's translation under the State flag of Turkmenistan;

3) document issued by a competent authority of a foreign State in which the vessel is registered immediately before the change of flag and confirming that sailing under the flag of that State suspended for providing the right vessel sailing under the State flag of Turkmenistan;
4) original and copy of the bareboat charter;
5) certificate of seaworthiness;
6) measurement certificate;
7) a passenger certificate (for a passenger ship);
8) information about vessel identification number assigned by the International Maritime Organization;
9) the document confirming that the charterer of the vessel, the bareboat charterer meets requirements of the owner of the ship in accordance with part one of article 12 of this code;
2. when registering a ship in bareboat charter registry certificate on the right navigation under the State flag of Turkmenistan for the period specified in the decision on the temporary provision of vessel navigation rights under the State flag of Turkmenistan.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 33. Information to be entered in the State Register of the ship or ship the book 1. Registration of vessels is carried out in the public vessel or ship registry book addressed to the owner (owners).
2. the State of the ship's registry or ship the book makes the following basic information: 1) serial registration number and the date of its registration;
2) name of vessel (present and former), port (place) the previous registration of the vessel and its cancellation date (if any);
3) port name (space) the registration of the vessel and vessel identification number assigned by the International Maritime Organization;
4) call sign of vessel;
5) the name of the shipyard, place and year of construction of the ship;
6) type and destination of vessel, its area of navigation;
7) main technical characteristics of the vessel, including capacity (gross and net), full load capacity and principal dimensions of the vessel;
8) name, nationality and address of the owner (owners) of a vessel;
9) each share common partial property owners, if there are multiple owners;
10) grounds for the origin of ownership of a vessel or part of a vessel (contract of sale, contract to build the ship, and others);
11) the name and address of the temporary owner of the ship, if it is not the owner of the ship;
12) the name and address of the trustee during the transfer of the ship to him in Office;
13) data on the registered mortgage of the ship if it is in accordance with articles 342 and 343 of this code;
14) base and date exceptions from the State of registry of the ship vessel or ship the book.
3. in the temporary transfer of a ship flying the flag of a foreign State to the State of the ship's registry or ship the book made the following basic information: 1) an indication of the public authority control, which has made the decision to move a ship flying the flag of a foreign State, and the date of such decision;
2) the period for which it is allowed to transfer a vessel under the flag of a foreign State;
3) name of the State whose flag the vessel is permitted to fly;
4) date of suspension of the right navigation under the State flag of Turkmenistan.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 34. Information to be entered in register of bareboat charter 1. Registration of vessels is carried out in a bareboat charter registry addressed to the charterer of a ship the bareboat charterer.
2. In a bareboat charter roster makes the following basic information: 1) name of the vessel;
2) the name and address of the owner of the ship;
3) the name and address of the charterer of a ship bareboat charterer;
4) date of conclusion of the bareboat charter and its duration;
5) date of expiration of the term for which the ship has been granted the right navigation under the State flag of Turkmenistan;
6) registry information the courts of a foreign State in which the vessel is registered immediately before the change of flag, indicating that the law of the State in which such a register is applied in respect of ownership of the vessel, as well as the mortgage of the ship or vessel, interest of the same nature that have been registered in this register.
At the request of the mortgagee of the ship mortgage or encumbrance of a vessel of the same nature in a bareboat charter registry can be made to the mortgagee's name and other data concerning the ship mortgage or encumbrance of a vessel of the same nature, registered in the registry of the courts of a foreign State to reflagging.
 
Article 35. Obligation to inform about the change information entered in the registers of vessels of any change in the information entered in ship register State, ship book or bareboat chartered registry, the shipowner or the charterer of the vessel, the bareboat charterer shall inform the authority in which the vessel is registered, within two weeks from the date on which he became aware of such a change.
 
Article 36. Initial registration of a vessel and a ship built, acquired outside Turkmenistan initial registration built the ship must be carried out in the public vessel or ship registry book within one month from the date of delivery, and the vessel acquired outside Turkmenistan, within one month from the date of arrival at the sea port in Turkmenistan.
 
Article 37. Re-registration of the ship
 

If as a result of an accident or any other cause the vessel ceases to match the information previously entered in the State Register of the ship or ship a book, can be made re-registration of the vessel inspection and obtain a certificate of seaworthiness.
 
Article 38. The loss of the ship's documents confirming registration of the vessel 1. In case of loss of certificate of navigation under the State flag of Turkmenistan or ship ticket duplicates of such ship documents issued by a body in which the vessel is registered.
2. If the documents referred to in paragraph 1 of this article, lost during ship outside Turkmenistan, consular office in Turkmenistan on the basis of statements by the captain of the vessel shall be issued a temporary certificate on the right navigation under the State flag of Turkmenistan or temporary ship ticket, which on arrival of the ship at the port of Turkmenistan shall be brought within ten days in the body, in which the vessel is registered, to obtain duplicates of such ship's documents.
 
Article 39. The refusal in registration of the vessel and the rights to it in ship registration and rights can be denied if: 1) with a statement of registration requested inappropriate person;
2) are not complied with the requirements of the first paragraph of the second part of article 31 of the present Code, the exception of the ship from the previous ship registry;
3) documents submitted for registration rights to the ship do not conform to the requirements established by the legislation of Turkmenistan;
4) person who issued the title document of the vessel does not have authority to grant any rights to the vessel;
5) title document of the vessel reflects the absence of the claimant's rights to the vessel;
6) right on the vessel, about registration requested by the applicant, are not rights subject to registration in accordance with this code.
 
Article 40. Exception of the ship from the State of registry of the ship or ship books from the State of registry of the ship or ship's books is subject to compulsory exclusion: 1) the lost or missing;
2) constructively, deceased;
3) loses quality vessel as a result of the restructuring or other changes;
4) has ceased to meet the requirements stipulated by part one of article 12 of this code.
 
Article 41. The vessel, the missing vessel is missing from the vessel if there has been no news for more than twice the time required in normal conditions to move from a place where submitted last news about the vessel to the port of destination. Time required for recognition of a ship missing, can not be less than one month and more than three months from the date of the last news about the ship, and in the midst of hostilities cannot be less than six months.
 
Article 42. The vessel, the lost vessel is Damaged structurally constructively dead if: 1) vessel cannot be restored nor in the place in which the vessel is located, nor in any other place to which a ship may be delivered;
2) ship repair economically impractical.
 
Article 43. Change the port (place) the registration of the vessel 1. Port (place) the registration of the vessel may be changed, upon application by the shipowner 2. Change the port (place) the registration of the vessel must be registered in accordance with the legislation of Turkmenistan.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 44. Responsibility for violation of the rules of registration of the vessel person deviating from the compulsory registration of the vessel, as well as registered vessel with a violation of this code or violating the obligation to inform about the change information in registries of ships, bear responsibility stipulated by the legislation of Turkmenistan.
 
SECTION IV. THE CREW OF THE SHIP. The CAPTAIN of the SHIP, the HEAD of the 1. The CREW of a SHIP Article 45. Crew 1. The crew of the ship consists of the captain of the ship, other officers of the ship and crew.
2. the officers of the ship, except the captain, are assistants of the master of the ship, mechanics, electromechanics, radio operators and doctors. The notified body in the field of water transport and the notified body in the field of fisheries to the commanding officers of the vessel can be attributed other specialists.
3. Crew consists of persons not belonging to the commanding officers of the vessel.
 
Article 46. The minimum crew of a vessel 1. The vessel shall have on board a minimum crew is able to fully ensure the safe navigation of the vessel and the environment protection Wednesday.
2. the minimum crew of a vessel, depending on its type and purpose, as well as the navigation area of the vessel, except a vessel fishing fleet, is set by the authorized body in the sphere of water transport, vessel fishing fleet-the notified body in the field of fisheries by agreement with the relevant Union body.
3. evidence about the minimum crew of a vessel, ensuring the safety of navigation and environmental protection Wednesday, is issued by the notified body in the field of water transport or notified body in the field of fisheries, which was implemented by the registration of a vessel.
 
Article 47. Certification of crew members
 

1. To engage members crew allowed persons with diplomas and qualification certificates issued by the notified body in the field of water transport in accordance with the regulations on the certification of crew members.
2. Diplomas and qualifications can be withdrawn or cancelled, or they may be suspended by a decision of the authorized body in the sphere of water transport in cases of direct threats to human life, the preservation of property at sea or damage the marine Wednesday due to incompetence, actions (inaction) of crew members in the performance of their duties in accordance with their diplomas and qualification certificates.
3. the certification of crew members shall be approved by the authorized body in the field of water transport.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 48. Requirements for the State of health of persons accepted to work on the ship to work on the ship allowed persons with certificates proving their fitness for the work for reasons of health, issued by the relevant health agencies.
 
Article 49. The nationality of the crew members of the vessel 1. The crew of a vessel flying the national flag of Turkmenistan, citizens of Turkmenistan may be foreign nationals and stateless persons.
2. The conditions under which foreign citizens and persons without citizenship can be part of the crew, are determined by the Cabinet of Ministers of Turkmenistan.
 
Article 50. Labor relations on Board 1. On hiring crew members, their rights and duties, working conditions and remuneration, as well as the procedure and grounds for dismissal shall be determined by the labour legislation of Turkmenistan, this code, Charter service on the courts and the Charter about discipline crew collective labour agreements.
2. Without the consent of the master of the ship, no one may be appointed a member of the crew.
3. Charter service to the courts and the Charter on the discipline of the crew members of a vessel are approved by the notified body in the field of water transport.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) Article 51. Repatriation of crew members 1. The crew of the ship outside Turkmenistan, are entitled to repatriation in the event of: 1) the expiry of the employment contract;
2) terminate an employment contract on the initiative of the owner of the ship or crew of the ship in accordance with the legislation of Turkmenistan;
3) shipwreck;
4) disease (injury), requiring treatment outside the ship;
5) suspension from duty, the master of the vessel in accordance with the legislation of Turkmenistan;
6) inability to perform his duties by the shipowner against the crew of the vessel in accordance with the legislation of Turkmenistan and the labour contracts due to bankruptcy, the sale of the vessel or change of the State of registration of the vessel;
7) direction of the ship without the consent of the members of the crew in a war zone or zone of the epidemiological risk.
2. At the request of a member of the ship's crew repatriation is carried out: 1) in the State in which he resides;
2) the port at which he was employed on a vessel;
3) to another point (place), specified in the employment of a member of the crew.
3. The shipowner must provide appropriate and rapid repatriation, which may be carried out by air, and in his absence or by agreement of the parties to other modes of transport.
4. Repatriation expenses implements the shipowner. Repatriation expenses include: 1) the fare to the place of repatriation;
2) costs for Board and lodging from the moment when the crew member leaves the ship, until the crew member arrives to the place of repatriation;
3) treatment of crew members of the vessel when the need arises until a member of the crew of the ship for health reasons, will not be fit to travel to the place of repatriation;
4) carriage of baggage up to thirty pounds the place of repatriation;
5) wages under a contract from the moment when the crew member leaves the ship, until the crew member arrives to the place of repatriation.
5. If the reasons that caused the repatriation of crew members of the vessel having its fault in the performance of employment duties, the shipowner is entitled to reimbursement in accordance with the legislation of Turkmenistan.
 
Article 52. Personal belongings of the crew member 1. In the event of the death of a crew member of a ship or property damage (spoilage) of such property as a result of an accident involving a vessel, the shipowner shall reimburse the Member of the crew of the ship caused the damage.
2. Non-refundable damages caused to the property of a member of the ship's crew found guilty in the incident with the ship.
 
Article 53. Responsibilities of the shipowner 1. Shipowner while the crew on the ship is obliged to provide them: 1) for safe conditions of work;
2) their health and skilled medical care;
3) the availability of the necessary rescue equipment (for the entire ship's crew and passengers);
4) regular supply of water and food;
5) recreation rooms, food, medical, cultural and community services to meet health standards.
2. The shipowner in accordance with the legislation of Turkmenistan is obliged to insure:

1) the life and health of the crew in the performance of their duties;
2) wages and other sums due to the crew, including repatriation costs.
 
CHAPTER 2. The CAPTAIN of the SHIP Article 54. Ship management and other duties of the master of the ship To the master of the vessel entrusted with the operation of the vessel, including navigation, the adoption of measures to ensure the safe navigation of the ship, maintaining order on the ship, the prevention of harm to the ship in it people and cargo, environment protection Wednesday.
 
Article 55. The duty of the master of the ship to help any person in distress at sea 1. The master of the vessel must, if he can do so without serious danger to his ship and it people to help any person in distress at sea.
2. For breach of duty, as specified in paragraph 1 of this article, the captain bears criminal responsibility in accordance with the legislation of Turkmenistan.
 
Article 56. The duty of the master of the ship to help after a collision of vessels 1. The captain of each ship must have struggled after their collision, if he can do so without serious danger to the passengers, crew and their ship, to render assistance to the other ship, its passengers and crew members.
2. masters of vessels are obliged, if possible, to inform each other the names of their ships, ports, their registration, as well as the ports of departure and destination.
3. The shipowner is not liable for violation of the master of the ship duties specified in paragraphs one and two of this article.
 
Article 57. The duty of the master of the ship to provide emergency medical assistance to 1. If a person on board a ship, in need of urgent medical care that cannot be provided while a vessel at sea, the captain of the ship is obliged to go to the nearest port or take action to deliver such person to the nearest port with a notice on the owner of the ship, if the ship in a foreign port or delivery of such a person in a foreign port with the notice also the consular office in Turkmenistan.
2. The master must isolate the sick person with suspected contagious disease.
 
Article 58. The duty of the master of the ship in the event of hostilities or other cases of military danger in case of military action in the area of the port of departure or destination port of the vessel or in the area through which the vessel must undergo, as well as in other cases of military danger, Captain of the vessel is obliged to take all measures to prevent the destruction, damage or seizure of the vessel, are there people, documents, as well as goods and other property.
 
Article 59. Desertion of his crew if, in the opinion of the captain of the vessel, a ship facing imminent death, the captain of the ship allows crew members to leave the ship after taking all measures to rescue the passengers on the ship. The ship's captain leaves the ship last after the adoption of the dependent measures to rescue the logbook native magazine and magazine, maps, tapes, this flight navigation instruments, documents and valuables.
 
Article 60. Maintaining order on the ship 1. The captain of the ship orders within its authority enforceable according to all persons on board.
2. The master of a ship has the right to apply to the promotion and to impose disciplinary sanctions on the crew of the vessel in accordance with the legislation of Turkmenistan and the Charter to discipline members of the ship's crew.
The master of a ship has the right to suspend from duty any member of the crew. In such a case, the rules are applied, respectively, established by article 51 of this code.
3. The master of a ship has the right to isolate the person whose actions do not contain evidence of a crime by the criminal law of Turkmenistan, but pose a threat to the safety of the ship or the people and property on it.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 61. The captain of the ship, as the organ of inquiry 1. In case of a detection of a vessel in navigation, evidence of a crime by the criminal law of Turkmenistan, the captain of the ship performs the functions of a body conducting an initial inquiry, guided by the criminal procedure legislation of Turkmenistan.

2. The master of a ship has the right to detain a person suspected of an offence under the criminal legislation of Turkmenistan, to transmit it to the competent authorities at the first port of Turkmenistan, which pushed the vessel. In case of need, the master of the vessel shall send such person together with the materials of the inquiry in Turkmenistan at the other vessel navigating under the State flag of Turkmenistan.
The master of the vessel shall be entitled to refer to the competent authorities of a foreign State, if this is stipulated by an international treaty of Turkmenistan, the person who the master of the vessel has reason to believe has committed an offence against the safety of maritime navigation, except a citizen of Turkmenistan. In this case, the master of the vessel must, if practicable, to the extent possible, to the entrance of the vessel in the territorial sea of a foreign State to send its competent authorities notification of its intention to pass such a person and the reasons for his transfer, as well as provide specified bodies the evidence.

3. in the case of discovery on the ship during its stay in port of Turkmenistan, evidence of a crime by the criminal law of Turkmenistan, the master of the vessel shall immediately inform the competent authorities and to protect the scene.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) Article 62. The duties of the master of the ship in cases of abandonment of wills, birth of a child or death on Board on the ship 1. The master of a ship has the right to certify Testament person while sailing on the ship. Testament, authenticated by the master of the ship, is equated to notarially udostoverennomu.
2. The master of the vessel must make an entry in the logbook of each case of child birth on the vessel and on each case of death on the ship.
3. The master of a ship shall notify one of the relatives of the deceased or the deceased's spouse about his death and to take measures to preserve and sending the body of the deceased. If this is not possible, the master of the vessel shall be obliged to bring the corpse or cremate it and send an urn with the ashes at home.
In exceptional cases, when the vessel is required to be for a long time on the high seas and the body of the deceased could not be saved, the master of a ship has the right to bring the body of the deceased sea according to maritime Customs with the formulation of the Act.
4. The master of the vessel provides an inventory and preservation of the vessel is on the estate of the deceased prior to the transfer of such property in accordance with an inventory of port's first captain of Turkmenistan, which pushed the vessel.
 
Article 63. The captain of the ship as a representative of the shipowner and the cargo ship's captain by virtue of their Office recognized representative of the shipowner and the cargo owner for transactions required in connection with the needs of the vessel, cargo or swimming, as well as claims relating to property entrusted to the captain of the vessel, if there are no other representatives on the spot the shipowner or the cargo owner.
 
Article 64. An urgent need for money to continue the voyage 1. The master of the vessel in case of emergency during the flight needed money to continue the voyage, in particular, for the repair or maintenance of the ship's crew members, may, if there is no opportunity or time to receive the orders of the ship owner, to sell part of the master of the vessel entrusted property, which is not necessary for the continuation of the voyage.
The captain of the ship is obliged to elect the mode of acquisition funds to continue swimming, which is the least detrimental to the shipowner and the cargo owner.
2. The shipowner shall reimburse the cost of the goods sold to its owner, except in cases where the damages caused by the sale of goods are subject to signs of general average or sale of the goods carried out only in the interest of the cargo.
 
Article 65. Responsibilities of the master of the ship to the Senior Assistant captain of the vessel in the event of death, illness or other causes preventing the master of the vessel to perform their duties, the duties of the master of the ship before receiving the order imposed on the shipowner's Senior Assistant captain of the ship.
 
Section v. Article 66 SEA COMMERCIAL PORT. Legal status of port 1. The legal status of the sea commercial port is determined by the present code and other normative legal acts of Turkmenistan.
2. Sea commercial port is a State Enterprise transport designed for servicing of ships, passengers and cargoes, as well as other activities related to trade and seafaring.
Sea commercial port is open for international navigation.
3. use of maritime trade port, port shipping Rules approved by the notified body in the field of water transport. These rules are binding for all users of the commercial sea port.
4. Sunset in the sea port of warships and other non-commercial vessels of foreign States are allowed in the procedure established by the Cabinet of Ministers of Turkmenistan.
5. Natural and legal persons may carry out business activities in the territory of the port corresponding to its function.
6. the administration of the seaport interacts with economic entities operating in its territory, in accordance with the legislation of Turkmenistan.
 
Article 67. The territory and water area of the sea commercial port of 1. Commercial seaport territory are proper port lands. The seaport also include alluvial, built or created using other hydraulic technology square, created due to the port and for which no fee is charged.
2. The sea trade port are proper port waters, including inner and outer roadsteads.
3. provision of water and land plots of sea commercial port and their deletion shall be made in accordance with the procedure established by the legislation of Turkmenistan.
 
Article 68. The port functions to ensure safety of navigation to ensure the safety of navigation at sea commercial port is responsible for the following functions: 1) traffic safety in port waters, safe parking and handling of ships;

2) content in serviceable condition of hydrotechnical facilities, communications and radio navigation, in the possession of the port;
3) content healthy AIDS to navigation in the approach channels and port water area;
4) monitoring and maintaining the declared depths;
5) identification of areas requiring complete;
6) helping persons in distress;
7) application of effective interventions from ships, sewage and contaminated (nefteperegruzočnyh ports-also water containing oil), garbage and other substances harmful to the environment and human health and Wednesday for their treatment, recycling, safe storage or dumping;
8) enforcing legislation of Turkmenistan in the sphere of sanitary-epidemiological welfare of the population and the environment Wednesday.
 
Article 69. The economic activity of the sea commercial port sea commercial port: 1) loading, unloading and maintenance vessels in chronological order of their arrival in port, except in emergencies, when port security and preservation of the marine Wednesday to immediately relieve the emergency vessel;
2) maintenance of linear ships in accordance with the announced schedule lines;
3) freight forwarding and warehousing of goods;
4) overload of cargoes with other modes of transport on the ship and in reverse order, warehouse operations with goods;
5) service for passengers ships, as well as the transport of goods, passengers, baggage and mail on vessels in port and other modes of transport;
6) supporting operations necessary for the viability of the port;
7) other activities in accordance with the status of the port.
 
Article 70. Liable seaport marine trade port bears property responsibility for loss, shortage, damage or damage to the goods, as well as for delays in his extradition since taking over in their maintenance until its transfer to the consignee in accordance with the legislation of Turkmenistan.
 
Article 71. Management of marine trade port Office carries out maritime port administration of the seaport, which is headed by a Chief commercial seaport, appointed to Office and released from Office by the notified body in the field of water transport in accordance with the legislation of Turkmenistan.
In the administration of the seaport included the captain of the sea commercial port.
 
Article 72. The functions of the Chief of the commercial sea port 1. The main functions of the Chief of the commercial sea port are: 1) the Organization of commercial sea port;
2) control over the security of movement of vehicles on the territory of the port and along the mooring lines;
3) overseeing technical condition and use of port facilities and equipment;
4) adoption of measures to protect the goods and property of the sea commercial port;
5) sanitary and fire-prevention activities in sea trading port;
6) enactment of environmental protection measures on Wednesday;
7) establishing the order and sequence of ships at sea commercial port and exit, safe parking and handling of ships;
8) establishing the order of use of commercial seaport ships, floating and other technical means, as well as the involvement of persons residing in the territory of the port, for the rescue of persons and vessels in distress;
9) adoption in conjunction with the captain of the sea commercial port of detention of ships and cargoes in cases and by the procedure provided for in article 78 of the present code;
10) resolution of other issues connected with the activities of the commercial sea port.
2. the decisions of the Chief of port on matters within its competence, in accordance with paragraph 1 of this article, are obligatory for all vessels in the commercial port, natural and legal persons.
 
Article 73. Port charges 1. In the commercial port will be charged the following target port dues: ship, berthing, anchor, channel navigation, cargo, port supervision, ambulance, towing, pilotage, fire, marine mammal.
The legislation of Turkmenistan may establish other types of fees.
2. The size of the port charges established by the Cabinet of Ministers of Turkmenistan.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) SECTION VI. STATE PORT CONTROL Article 74. Captain sea port 1. Port State control to ensure navigational safety and order in the port carries out Captain seaport.
2. the master of the sea commercial port operates in accordance with the regulations of the sea commercial port's captain, approved by the notified body in the field of water transport, the captain of the sea fishing port-in accordance with the regulation on Captain sea fishing port, approved by the notified body in the field of fisheries.
3. Captain sea commercial port is subordinated to the authorized body in the sphere of water transport, the captain of the sea fishing port-the authorized organ in the area of fisheries.

4. orders the captain of the sea port on its powers of maritime security and order at the seaport are obligatory for all vessels in the port, natural and legal persons.
 
Article 75. The functions of the port captain and the captain of the sea fishing port 1. The captain of the sea commercial port and the captain of the sea fishing port, respectively responsible for the following functions to ensure navigational safety and order in the specified ports: 1) monitor compliance with the provisions of this code and other normative legal acts of Turkmenistan, norms and rules of navigation, as well as international treaties of Turkmenistan in the field of merchant shipping;
2) edition of the mandatory regulations governing safety of navigation;
3) verification of ship's documents, diplomas, qualification certificates;
4) monitoring compliance with the requirements regarding the order ships in port and exit them out of port;
5) registration of arrival of ships in port and exit them out of port;
6) impose administrative penalties for violations of the provisions of this code, the rules and regulations concerning maritime safety and order in port, in accordance with the legislation of Turkmenistan;
7) inspection of vessels in the port, in the cases stipulated by the legislation of Turkmenistan;
8) authorization for sunken into the sea property and port construction, hydraulic engineering and other works;
9) Organization of works on rescuing people and ships in distress;
10) establishing compulsory pilotage areas;
11) supervision of pilotage service and vessel traffic control service;
12) control of icebreaker ships piloted on the approaches to the port and within port waters;
13) together with the Chief seaport of the question of detention of ships and cargoes in the cases and pursuant to procedure provided for in article 78 of the present code;


14) Organization investigation of accidents and incidents at sea and doing their posting;

15) exercise other functions to ensure safety of navigation and order at the seaport.
2. investigation of accidents and incidents at sea are carried out in accordance with the regulation approved by the notified body in the field of water transport.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 76. Control of vessels 1. The captain of the sea port in monitoring vessels in the sea port of vessels at sea-facing, checks for the presence of ship's documents, compliance with the basic characteristics of the vessels the ship's documents and compliance with requirements relating to safety of navigation and protection of the marine Wednesday from pollution from ships, as well as checks the availability of the documents evidencing the insurance or other financial security for civil liability for damage resulting from pollution or other damage caused by the vessel damage in accordance with the law and an international treaty to which Turkmenistan is a party.
2. in case of absence of the ship's documents or the existence of substantial grounds for believing that the vessel does not meet the requirements of navigational safety, Captain seaport could expose the ship inspected.
3. In order to verify correct deficiencies impeding the exit permit a vessel from the port, the captain of the sea port may decide to hold a supervisory inspection of the vessel.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 77. Permission to exit the vessel from the port 1. Before leaving the any ship sea port is obliged to obtain the permission of the captain of the port.
2. the master of the sea port has the right to refuse to grant permission to the vessel from the port, in case: 1) the ship seaworthy;
2) violated requirements for uploading, supply vessel manning of crew members or there are other shortcomings of the vessel, jeopardizing the safety of navigation, the life and health of persons on board;
3) there is a threat of harm to the marine Wednesday;
4) violated requirements for ship's documents;
5) there are provisions of public authorities (customs, border, police, sanitary, veterinary, phytosanitary and other);
6) not paid the port charges.
3. costs associated with the implementation of Captain seaport rights under this article (for inspection, examination, etc.) carries the shipowner.
 
Article 78. The detention of the vessel and cargo 1. Administration of the seaport at the request of a person with a claim arising in connection with the implementation of rescue operations, with the collision of vessels, with damage to port facilities, water pools, waterways and navigational tools, or in connection with any other injury, may detain the ship and the cargo pending provision of shipowner and cargo owner sufficient collateral.
2. the detention of a vessel for claims contained in the first part of this article is valid within seventy-two hours, except for the days of officially recognized holidays. If within the specified period by the Court or arbitral tribunal empowered by law to impose arrest by an arbitral tribunal ordered the seizure of the ship and the cargo, the vessel and the cargo shall be released immediately.

3. Liability for losses caused by groundless detention of the vessel and cargo, is the person whose detention happened on demand.
 
Article 79. Construction in the area of Construction of navigational tools in the area of maritime navigational tools must be agreed with the competent authority in the field of water transport, other concerned government agencies, as well as with the captain of the sea port within its competence.
 
SECTION VII. MARINE PILOT CHAPTER 1. PILOTAGE Article 80. State maritime pilot 1. The State pilotage maritime pilot (hereinafter referred to as the pilot) having issued by Captain seaport pilot certificate of pilotage right in certain marine areas.
2. A pilot can be a citizen of Turkmenistan, conform to the Provisions on maritime locmanah, approved by the notified body in the field of water transport. Locman is representative of a State entitled to first climb aboard the ship since its posting and the last to leave the ship after its posting.
The pilot was an employee of pilotage service under the subjugation of the harbour master.
 
Article 81. Wiring ships pilot 1. Wiring ships pilot is carried out in order to ensure the safety of navigation, prevention of accidents and environmental protection with them Wednesday.
2. The authorized body in the sphere of water transport establishes the areas of compulsory and non-compulsory pilotage areas and communicate data on such areas to the public, mandatory regulations in ports, sea and "notices to Mariners".
 
Article 82. Mandatory pilotage 1. In compulsory pilotage areas, the captain of the ship may not sail without pilots, except if the ship belongs to the category of vessels exempt from compulsory pilotage, or master of the vessel in the prescribed manner the captain of the sea port has been granted the right to navigate without a pilot.
The captain of the ship, breaching a rule set by this part, liable in accordance with the legislation of Turkmenistan.
2. categories of vessels exempt from compulsory pilotage, establishes the captains of sea ports and brought to the public in the mandatory regulations in seaports.
3. the procedure for pilotage in sea trading port and sea fishing port with adjacent waters, Captain of the sea commercial port is set in consultation with the captain of the sea fishing port.
 
Article 83. Optional pilotage 1. In areas where pilotage is optional, the captain of the ship can take the ship pilot, if necessary.
2. In areas where pilotage is optional, the captain of the seaport may establish compulsory pilotage of vessels that: 1) or goods carried by them may pose a threat of harm to the marine Wednesday. Categories of such vessels shall be made available to the public in the mandatory regulations in ports, sea and "notices to Mariners";
2) have severe damage to buildings, machinery or equipment, which may have a significant impact on the safety of navigation in the port. In this case, the captain of the ship notifies you that the vessel must follow under pilotage wiring.
 
Article 84. Execution of pilots, the duties of a public law nature during the pilotage of the ship the pilot must immediately inform the captain of the sea port of: 1) any change to the fairway, which may pose a threat to the safety of navigation;
2) any incidents with the pilotage which he carries out, as well as with other vessels in the area serviced by them;
3) failure to comply with the master of the ship, the pilotage which he carries out, navigation rules and regulations to prevent pollution from ships, oil, noxious substances, sewage or waste.
 
CHAPTER 2. RELATIONSHIP BETWEEN the pilot and the MASTER of the SHIP Article 85. Pilot certificate 1. The pilot, who arrived on the ship, the master of the vessel must provide the identity of the pilot.
2. The captain conducted the vessel may not take the boat as the pilot is a person who does not have a pilot certificate.
 
Article 86. The relationship between the pilot and the captain conducted the vessel 1. The pilot conducted the vessel captain shall give recommendations to ensure safe pilotage of vessels, and to check the implementation of these recommendations.
2. The master of the vessel may designate a pilot order regarding navigation and manoeuvring of the vessel directly to steering, that does not relieve the master of the ship from liability for the consequences that may result from such orders.
3. If during the pilotage of the ship the captain of the ship is forced to temporarily leave the bridge, the captain of the vessel shall notify the pilot and tell it, the person responsible for the management of the vessel in the absence of the captain of the ship.
4. If it is necessary to the safety of navigation of the vessel, the pilot has the right to suspend the pilotage of the ship before the circumstances allowing his safe sailing.
 

Article 87. Ensuring safe embarkation and disembarkation of the pilot safely 1. The captain of the ship is obliged to provide a secure fit and safe boarding of the pilot, as well as provide free of charge during pilotage the vessel premises separately.
2. The rules established by paragraph 1 of this article shall apply to stažëru, if the internship trainee accompanies the pilot.
 
Article 88. The announcement of the captain of the ship data on vessel 1. The ship's captain announces pilot precise data on draught of length, width, height and capacity of the vessel, the pilot made a receipt podpisyvaemuû the captain of the ship.
The pilot has the right to demand from the captain of the ship the other ads (maneuvering characteristics and other), which are necessary for the implementation of the pilot pilotage of the ship.
2. For neob″âvlenie or incorrect Declaration of vessel data provided by paragraph 1 of this article, the captain of the ship is responsible in accordance with the legislation of Turkmenistan.
 
Article 89. Prohibition of the pilot off the vessel carried out a pilot without the permission of the captain conducted the vessel may not leave the ship: 1) if the withdrawal of a vessel at sea until the ship places from which it can safely follow further without the aid of the pilot;
2) when entering the ship in port until the vessel is anchored or staging mooring at berth;
3) before replacing the pilot another pilot.
 
Article 90. The return of the pilot 1. The captain of the ship is not entitled to take the pilot beyond an accepted area.
2. If the pilot uvezën vessel pilotage which he exercised outside accepted area, the master of the vessel shall ensure that expense a ship pilot's return to the place of his permanent residence.
The Organization, which is the pilot, the employee has the right to compensation for damages caused by delayed her pilot, unless the delay of the pilot was not caused by force majeure.
 
Article 91. The responsibility of the pilot and the master of the ship 1. The presence of a pilot on board does not relieve the responsibility of the captain of the ship management.
If there is sufficient reason to doubt the correctness of the recommendations of the pilot captain has the right to abandon the safe navigation of the ship the pilot services. If pilotage is mandatory, the master of the vessel must request replacement pilot.
2. Pilot guilty of improper pilotage of a ship may be devoid of pilotage certificates.
 
CHAPTER 3. RESPONSIBILITY FOR IMPROPER PILOTAGE OF THE SHIP. PILOTAGE FEE Article 92. Responsibility for improper pilotage vessel, an employee Organization that is a pilot of the ship, the pilotage authorities are responsible for damages caused as a result of improper pilotage the vessel due to the fault of the pilot.
 
Article 93. Limitation of liability and loss of right to limit liability 1. The Organization, an employee of which is a pilot vessel pilotage authorities can limit its liability under article 92 of the present Code, a sum equal to the size of an emergency fund for this port, which is 10 percent of the royalties from the amount of pilotage dues received in the preceding calendar year accident.
2. an organization whose employee is the pilot, which executed the pilotage vessel loses the right to limit liability provided for in paragraph 1 of this article, if it is proved that the loss caused by the vessel resulting from an improper pilotage vessel, resulted from his personal act or omission of his own, committed intentionally or by gross negligence.
 
Article 94. Third-party liability, an employee Organization that is a pilot, corporal pilotage the vessel bears no liability to third parties for damages caused as a result of improper pilotage.
 
Article 95. Pilotage dues from ships using the services of pilots, the pilotage fee will be charged. The size of the pilotage dues levied, its charging and the categories exempted from paying the pilotage of vessels shall be determined in the manner prescribed by the legislation of Turkmenistan.
 
SECTION VIII. The SUNKEN PROPERTY Article 96. The scope of application of the rules set forth in this section 1. The rules in this section apply to lifting, removal and destruction of property, sunken within the internal waters or territorial sea of Turkmenistan.
2. the specific property includes the victims of the wreck of the Court, their debris, equipment, goods and other objects regardless of whether they're in the water or under the water, moved down to the bottom or thrown into shallow water or shore.
3. The rules established by this section shall not apply to: 1) lifting, removal and destruction of sunken military equipment;
2) lifting sunken maritime cultural property has prehistoric, archaeological or historical importance, if such property is located at the bottom of the sea.
4. If the lifting, removal or destruction of sunken property is seen as a rescue operation in accordance with the rules established by section XX of this code, such rules shall apply to remuneration and special compensation rescuers irrespective of the rules established by this section.
 

Article 97. Lifting sunken property to its owner 1. If the owner of the sunken property intends to raise it, he shall in writing notify the nearest maritime port captain for one year from the date when the property sank.
2. Captain seaport within three months from the date of receipt of the application of the owner of the sunken property sets the owner of the procedure of lifting, as well as sufficient time for lifting the sunken property, but not less than one year from the date of receipt of the notification by the owner of Captain seaport on the order and date of lifting the sunken property.
 
Article 98. The duty of the owner to raise the sunken property 1. If the sunken property poses a threat to the safety of navigation or damage the marine pollution Wednesday or impede the implementation of the fisheries activities of the port and it works (hydraulic and others), the owner of the sunken property is obliged on demand of the captain of the sea port in a period of time to raise the sunken property and optionally remove or destroy it.
2. If the owner of the sunken property is known, Captain of the sea port shall notify him of its decision.
3. If the owner of the sunken property is unknown, Captain of the sea port makes publication of the dates laid down for lifting the sunken property in "notices to Mariners". If the known flag of the sunken ship, Captain of the sea port also sends a notification to the Ministry of Foreign Affairs of Turkmenistan.
 
Article 99. The right of the owner of the sunken property if the owner of the sunken property does not make a declaration under article 97 of the present code or property lifts within the period stipulated in article 97, paragraph 2 of the present Code, the rights of the owner of the sunken property shall be determined in accordance with the legislation of Turkmenistan.
 
Article 100. Lifting, removal or destruction of sunken property seaport Administration 1. Seaport Administration has the right to raise the sunken property and optionally remove or destroy it if: 1), the owner of the sunken property was obliged to raise the sunken property and optionally remove or destroy it in accordance with part one of article 98 of the present Code, but the owner of the sunken property is not set or is not raised the sunken property, and optionally deleted or not deleted it within the prescribed time limit;
2) sunken property poses a serious imminent threat to the safety of navigation or immediate threat of causing significant harm to the marine pollution Wednesday, or significantly impede the implementation of the fisheries activities of the port and it works (hydraulic and others);
3) if there are sufficient grounds to the owner of the sunken property is not allowed to raise, remove, or destroy it with their own funds, or funds chosen sudopod″emnoj organization.
2. Lifting, removal or destruction of sunken property in cases provided for by the first paragraph of this article shall be carried out at the expense of the owner of such property.
 
Article 101. Discovery raised the sunken property to its owner of Sunken property, raised in accordance with paragraph 1 of article 100 of the present code may be demanded by the owner after the compensation costs of lifting the sunken property and other costs incurred in connection with this, on the assumption that since the lifting of sunken property does not exceed one year.
 
Article 102. Reimbursement of expenses incurred by the seaport Administration 1. If climbing, removal or destruction of sunken property made in accordance with paragraph 1 of article 100 of the present Code, upon expiry of the term provided for in article 101 of this code, the administration of the seaport has the right to: 1) sell the sunken property in the manner prescribed by the legislation of Turkmenistan and the expense amount, proceeds from its sale, get compensation for all expenditures;
2) obtain from the owner of the sunken property reimbursement not covered the sum from the sale, and the destruction of sunken property-compensation for the costs of destruction of property.
 
Article 103. Accidentally wreck of sunken property property accidentally raised in internal waters, the territorial sea of Turkmenistan or the high seas operations related to trading and seafaring, should be surrendered to the nearest seaport. In such a case shall be paid remuneration in the amount of one third of the surrendered property.
 
SECTION IX. A CONTRACT for the CARRIAGE OF GOODS CHAPTER 1. GENERAL PROVISIONS Article 104. A contract for the carriage of cargo and its kinds 1. Under a contract of carriage of goods the carrier undertakes to deliver the goods received from the sender, destination port, and hand him over to the Commissioner on receipt of the goods (the recipient) and the sender or the recipient shall pay for shipping charges (freight), stipulated in the contract, and to ensure acceptance of the cargo.
2. a contract of carriage of goods can be made: 1) with the provision for the carriage of cargo vessel, part of a ship or of certain marine areas (Charter), as well as other conditions;
2) without such conditions.
 

Article 105. Form of a contract of carriage of goods carriage of goods Agreement is in writing and confirmed by charter party Bill of lading, sea waybill or other written evidence.
 
Article 106. A long-term contract on carriage of goods by sea organization and its relationship with contract carriage of goods 1. If necessary, carry out systematic transportation of cargo carrier and shipper may enter into long-term contracts on organization of carriage of goods by sea.
When entering into a long-term contract on carriage of goods by sea transport organization specific shipment is carried out in accordance with the contract of carriage of goods, concluded on the basis of such a long-term contract.
2. the conditions of transport of goods agreed in the contract of long-term organization of carriage of goods by sea shall be deemed to be included in a contract of carriage of the goods, if the parties have not reached an agreement to the contrary.
If the conditions of the contract of carriage of goods contrary to the terms of the long-term agreement on the Organization of maritime transport of goods, shall apply the terms and conditions of the contract carriage of goods.
3. conditions of the long-term agreement on shipping of goods not included in the Bill of lading, shall not be binding on a third party, if it is not a charterer.
 
Article 107. The ratio of the Charter and the Bill of lading 1. The relationship between the carrier and the recipient, which is not a party to the contract of carriage of goods, shall be determined by a bill of lading.
2. conditions of Charter are binding on the recipient, if the Bill of lading contains a reference to them.
 
Article 108. The content of the Charter. Assignment of rights under the Charter 1. Charter must contain: name of the parties, the name of the vessel, specifying the nature and type of goods, the amount of freight, the port of loading, port of destination name or direction of the vessel.
By agreement of the parties to the Charter can be included other conditions and reservations.
Charter must be signed by the carrier and the charterer, or their representatives.
2. In the carriage of cargo by Charter the charterer may, with the consent of the carrier to assign to a third party its rights under a contract of carriage of goods.
The charterer, as well as a third person, to whom he lost his law are jointly and severally liable to the carrier for failure to perform the contract of carriage in maritime transport of cargo.
 
Article 109. The application of the rules established by this section, the cargo cabotage rules established by this section shall apply to the carriage of cargo in cabotage, except for rules established by articles 155, 158 and article 159, paragraph 2 of the present code.
 
Article 110. Suspension or restriction of the reception of the goods for transport 1. When phenomena of spontaneous nature, failures and accidents, which caused a break in the traffic, and declare a quarantine party goods may be temporarily discontinued or restricted by the order of administration of the seaport with immediate notification of the authorized body, respectively, in the field of water transport and of the authorized organ in the field of fisheries, which establish the period of validity of the temporary cessation of or limit the reception of goods for transport.
2. To suspend or restrict reception of goods for transport administration of the seaport shall immediately notify senders of cargo for carriage of goods live mixed or direct water transport and transport organization of other species.
 
CHAPTER 2. SUPPLY SHIP and loading of CARGO Article 111. Seagoing vessel status 1. The carrier shall in advance, before the start of the journey, lead vessel in seaworthy condition: provide the technical suitability of the vessel to sail properly equip the vessel, ship, crew complement to provide all the necessary result holds and other parts of the ship in which the goods are carried in the State, providing appropriate reception, carriage and preservation of the cargo.
2. the carrier is not responsible for the nemorehodnoe condition of the vessel, if he proves that the nemorehodnoe condition of the vessel was caused by inadequacies, which could not be detected with them of due diligence (hidden disabilities).
3. the agreement of the parties, contrary to the first part of this article is void if the carriage of the goods is carried out on the basis of a bill of lading or a bill of lading is issued in accordance with the Charter and regulates the relations between the carrier and the charterer is not a holder of a bill of lading.
 
Article 112. Vessel replacement If the goods are to be transported on a vessel, the cargo can be loaded on to another vessel except with the consent of the charterer or the sender, except as a result of transshipment technical necessity arising after the commencement of loading.
 
Article 113. Port of loading 1. The carrier must submit a vessel specified in Charter port of loading or a specified port of the charterer in accordance with the terms of the Charter. The charterer is obliged to specify the secure port of loading.
2. If you do not specify the port of loading and the charterer or specified them late, either named port of shipment that is not safe, then the carrier is entitled to refuse carriage of goods contract and claim damages.
 
Article 114. Place of loading of the goods
 

1. For the carriage of cargo by Charter carrier must submit a vessel at the specified place of loading cargo the charterer. The charterer must indicate the safe and suitable for loading place, which the ship can reach safely, where may be staying afloat, and could come up with the goods. If the charterer the position unfit for the loading of the goods, or more charterers specified different places of loading the goods, the carrier may submit a vessel in place of loading, commonly used in this port.
The charterer shall be entitled to demand that the ship was delivered to another loading place for his account.
2. In the carriage of cargo in a linear communication place of loading is determined by carrier. The carrier shall notify the sender of the place of loading of the goods, if the loading of the goods is produced in an unusual place for this port.
 
Article 115. The deadline for submitting vessel for the carriage of cargo by Charter carrier must submit a vessel in the conditional Charter period. In lieu of the vessel in due term the charterer has the right to cancel the contract of carriage of goods and to demand compensation for damages.
 
Article 116. Notice of readiness for loading of cargo 1. For the carriage of cargo by Charter the carrier shall in writing notify the charterer or the sender, if specified the charterer, stating that the vessel is ready or will be ready in time for loading cargo. The notification can be filed only when the vessel is at the port of loading or port place expectations.
2. Time (day and hour) a notice specified in the first part of this article is determined by the agreements of the parties, and in case of his absence-Customs port.
3. If the vessel is not ready for loading cargo at the time of notification, the notification of readiness for loading of cargo shall be deemed not to have been filed and the carrier is obliged to indemnify against losses incurred.
 
Article 117. Lay time 1. Lay time is determined by agreement of the parties, and if such an agreement is not, deadlines, typically taken at the port of loading.
2. Lay time is calculated in business days, hours and minutes, starting from the day following notification by the carrier or charterer of the vessel's readiness to the sender to freight operations.
3. the lay time is not included, during which time the ship was not carried out for reasons attributable to the carrier, or due to force majeure or hydrometeorological conditions, threatening the safety of cargo or impeding the safe loading of cargo.
The time during which the loading of the cargo not carried out for reasons attributable to the charterer, is included in lay time.
4. If loading of cargo began prior to the calculation of lay time actually spent in loading cargo time shall be counted as lay time.
5. the rules of the present article shall also apply when unloading cargo at the port of discharge.
 
Article 118. Kontrstalijnoe time 1. Kontrstalijnogo duration of time is determined by the agreements of the parties, and if there is no such agreement, terms, typically taken at the port of loading.
2. Kontrstalijnoe time is calculated in calendar days, hours and minutes since the end of the lay time.
3. kontrstalijnoe time included Sunday and officially declared holidays and memorable days declared non-working time in the port, cargo loading interruptions caused by actions of an irresistible force or hydrometeorological conditions, threatening the safety of cargo or impeding the safe loading of cargo. The time during which the loading of the cargo not carried out for reasons attributable to the charterer, is included in the kontrstalijnoe time.
 
Article 119. Fee for kontrstalijnoe time (demurrage) 1. Demurrage is defined by agreements of the parties, and if there is no such agreement, in accordance with the rates, usually taken in the appropriate port.
2. in case of absence of such rates is determined by the maintenance costs for the demurrage of ship and members of his crew.
 
Article 120. Remuneration for pre-term ending of loading of the goods may be established by agreement of the parties against remuneration for the end of the loading of the goods before the expiry of the demurrage period (dispach). In the absence of such agreement, the size of the dispatch shall be calculated at the rate of one second demurrage.
 
Article 121. The right of the carrier to send a ship to sail on after kontrstalijnogo time 1. The carrier has the right to kontrstalijnogo after time send a ship on a voyage, even if all the top-secret cargo not loaded on the ship for reasons beyond the control of the carrier. In doing so, the carrier retains the right to receive the full freight.
2. If the carriage of the goods granted all vessel, the carrier shall not be entitled to refuse to accept the goods delivered until the end of the demurrage or kontrstalijnogo time, if there is agreement about this time, although cargo and its styling may detain the vessel over the deadline.
3. If the carriage of the goods is granted not all of vessel, the carrier shall be entitled until the expiry of the demurrage or kontrstalijnogo time if there is agreement on this time, refuse to accept the goods, which due to its late presentation can be loaded on the boat properly and without prejudice to the rest of the cargo only ship delay. In doing so, the carrier retains the right to receive the full freight.
 
Article 122. Damages for delay of the vessel
 

The charterer for the delay of the ship over time kontrstalijnogo is obliged to reimburse the carrier for damages, if the delay of the ship due to reasons beyond the control of the carrier.
 
Article 123. The application of the rules set out in articles 118-120 and 122 of this code, the rules established by articles 118-120 and 122 of the present code are applied when unloading cargo at the port of discharge.
 
Article 124. The early departure of a ship on a voyage charterer on demand if the charterer provided for the carriage of goods all ship, the charterer on demand, the carrier is obliged to send a ship on a voyage, even if the vessel is loaded without the whole top-secret cargo. In doing so, the carrier retains the right to receive the full freight.
 
Article 125. Packing and marking of the goods 1. Cargo, containers and packaging need to ensure their full safety during transportation must be offered for transport in containers and packaging properly. Packaging, which established national standards or for which set technical conditions must comply with them. These requirements also apply to qualified sender containers.
2. the sender is obliged to properly mark the goods and provide the carrier with the necessary information about it. If the cargo requires special treatment with him, then the sender is obliged to inform the carrier about the properties of the goods and order handling.
 
Article 126. Replacement goods Goods born or whose type is defined in the Charter, could be replaced by goods of another kind or species only with the consent of carrier.
 
Article 127. Deck cargo 1. The carrier is entitled to carry the goods on deck only in accordance with the agreement between the carrier and consignor or customs of trade, not contradicting the legislation of Turkmenistan.
2. If between the carrier and consignor agreement was reached that the goods shall or may be carried on deck, the carrier is required to make an indication of reaching such an agreement in a bill of lading or other document confirming the contract for the carriage of cargo. If not, then the carrier must prove that the agreement on the carriage of cargo on deck they were concluded with the sender. The carrier is not entitled to rely on such an agreement with respect to the third person who in good faith acquired the Bill of lading, including with respect to the recipient.
3. If the cargo was transported on deck with violations of rules established by paragraph 1 of this article, or in accordance with part 2 of this article, the carrier may not avail himself of the agreement on the carriage of the goods on deck, the carrier is liable for loss, damage or delay of delivery, due solely to the carriage of the goods on deck, despite rules established by articles 154 and 155 of the criminal code.
The limit of liability of the carrier shall be determined in accordance with the rules laid down in articles 158 or 160 of this code, depending on the circumstances.
4. If there is agreement on the carriage of cargo in the hold, the carriage of cargo on deck is regarded as action (inaction) carrier, entailing the loss of right to limit liability established in article 160 of this code.
 
Article 128. Foreign goods 1. If the carriage of the cargo vessel, all part of a vessel or a certain ship premises, the sender has the right to remove a foreign cargo ship, part of a ship or of marine facilities at the port of departure, and in the case of the provision for the carriage of the entire vessel at any port of call.
2. If a foreign cargo was not promptly removed from the ship, part of a ship or from ship's premises, the charterer is entitled to request a corresponding reduction in freight and compensation for damages.
 
Article 129. Documents relating to the goods, the sender shall promptly furnish the carrier with all required in accordance with the port, customs, sanitary or other administrative rules of the documents relating to the goods and is responsible to the carrier for damages, whether caused by not transferring, unreliability or incompleteness of such documents.
 
CHAPTER 3. BILL of LADING Article 130. Issuance of Bill of lading 1. After reception of the goods for carriage, the carrier shall on demand of the sender must give the sender a bill of lading.
A bill of lading drawn up based on the sender of the document, which must contain the information specified in paragraphs 3-8 of the first paragraph of article 132 of this code.
2. the sender shall guarantee the veracity of the data provided to the carrier for insertion in the Bill of lading and is responsible for the damages caused by the carrier due to the unreliability of such data.
The carrier's right to damages by the sender does not eliminate the liability of the carrier under the contract of carriage of goods to any person other than the sender.
 
Article 131. Types of Bill of lading Bill of lading may be issued in the name of the intended recipient (the nominal Bill of lading), the order of the sender or the recipient (with Bill of lading) or to bearer. With a bill of lading does not contain instructions for his extradition order of the sender or recipient, is considered to be issued by order of the sender.
 
Article 132. The content of the Bill of lading 1. In a bill of lading should include the following data: 1) the name of the carrier and its location;

2) name port of loading under the contract of carriage of goods and the date of taking over of the goods by the carrier at the port of loading;
3 sender's) name and its location;
4) name port of discharge under the contract of carriage of goods;
5) name of the recipient, if it is specified by the sender;
6) name of cargo necessary to identify the goods major brand names, specifying, where appropriate, on the dangerous nature or the special properties of the goods, the number of places or items and weight of the cargo or otherwise designated amount. These are specified as they are presented by the sender;
7) external condition of the goods and their packaging;
8) freight at the rate to be paid by the recipient, or otherwise to indicate that freight must be paid;
9) time and place of issuance of the Bill of lading;
10) number of originals, if more than one of them;
11) signature of the carrier or a person acting on behalf of the employer.
By agreement of the parties in the Bill of lading can be included, and other data.
A bill of lading signed by the master of the ship shall be deemed signed on behalf of the carrier.
2. After loading the goods on board the vessel, the carrier shall on demand of the sender gives him on Board Bill of lading which, in addition to the data provided by paragraph 1 of this article, it must be stated that the cargo is on board a specific vessel or vessels, as well as date (s) the loading of the goods.
3. If the carrier before loading the goods on board the vessel has been issued to the sender of the Bill of lading for the carriage of cargo or for other specific to the cargo document, the sender must at the request of the carrier to return the document in Exchange for on Board Bill of lading.
4. If the sender there are requirements for on-Board Bill of lading, the carrier is obliged to satisfy them by adding any previously issued document provided that document as amended includes all data that must be kept in a side on the Bill of lading.
 
Article 133. Clause in the Bill of lading. Evidentiary value of Bill of lading 1. If the Bill of lading contained data concerning the names of the goods, its main marks, number, weight or quantity of the goods in respect of which the carrier or the outstanding Bill of lading on his behalf person know or have sufficient reason to believe that such data does not match the actual adopted or cargo loaded onboard when granting a bill of lading or the carrier or other such person had no reasonable means of checking the data , the carrier or another person must make a reservation in the Bill of lading specifically pointing to inaccuracies, the basis for assumptions or no reasonable means of checking the specified data.
2. If the carrier issuing the Bill of lading or on its behalf, the person does not indicate the apparent condition of the goods in the Bill of lading, it shall be considered that the Bill of lading indicated good apparent condition of the goods.
3. Except in respect of which the reservation has been included, valid in accordance with paragraph 1 of this article, the Bill of lading shall certify, unless proven otherwise, acceptance by the carrier of the goods for carriage as described in the Bill of lading. Proof of the carrier is not allowed, unless the Bill of lading is transferred to a third person who, on the basis of the proposal contained in the Bill of lading the description of the goods, acted in good faith.
 
Article 134. Multiple copies of the Bill of lading to the sender may be issued multiple copies (the originals) of the Bill of lading at his request. Each of them is marked the number of originals. After delivery under the first of the charges against the rest of his originals the originals shall lose its effect.
 
Article 135. Transfer of Bill of lading Bill of lading is transferred, subject to the following rules: 1) a nominal Bill of lading may be passed by individual gear inscriptions or other form in compliance with the rules established for the assignment of a claim;
2) with Bill of lading may be transmitted by registered or blank gear inscriptions;
3) Bill of lading bearer shares can be transferred by mere delivery.
 
Article 136. The issuance of a document instead of a bill of lading, the sender has the right to require the carrier issuing the Bill of lading or waybill instead of a document confirming the receipt of the goods for carriage. Such documents shall apply the rules established by this chapter, except the rules relating to bills of lading as a document and assigned part 3 of article 132, 131, 134, 135 and part two of article 137 of this code.
 
Article 137. The right of control 1. The sender has the right to dispose of the goods until delivery to the addressee or the transfer of such rights of the recipient or a third person, about what the sender is obliged to notify the carrier.
2. the sender has the right to require retroactive issuance of the goods at the place of departure to the vessel's departure, his extradition in an intermediate port or issuing goods other than the consignee indicated in the transport document, subject to the production of all issued to the sender of the original bills of lading or to provide appropriate security and in compliance with the rules set out in articles 143 and 144 of this code.
 
CHAPTER 4. EXECUTION of CONTRACT of CARRIAGE OF GOODS Article 138. Obligations of the carrier for the loading, carriage, unloading and cargo security
 

1. From the moment of reception of the goods until the moment of its issuance, the carrier is obliged to carry out high-quality loading, handling, stowage, carriage, storage and unloading of cargo.
2. If accepted for carriage of the cargo requires special and delicate handling specified in the contract for carriage of the goods, the carrier is obliged to ensure the safety of the cargo by following such instructions.
3. the agreement of the parties, contrary to the first part of this article is void.
 
Article 139. Dangerous goods 1. If the goods, flammable, explosive or dangerous by nature, commissioned under the wrong name, and when receiving the cargo carrier could not through external examinations to verify its properties, such goods may be at any time, depending on the circumstances, unloaded, or rendered harmless by the carrier without compensation to the sender.
The sender is liable to the carrier for damages caused by him as a result of the loading of such goods.
The freight for the carriage of such goods not returned. If the administration of cargo freight was not paid, the carrier shall be entitled to charge it completely.
2. If shipped with the full knowledge and consent of the carrier the goods specified in the first part of this article will be dangerous for other cargo vessel or persons on board, the carrier shall be entitled to, depending on the circumstances, unload or defuse such goods without compensation to the sender of the damages, with the exception of general average.
The carrier has the right to freight in proportion to the distance actually covered by the ship with the same load.
 
Article 140. Dates and route of carriage, the carrier shall deliver the goods at the port of destination on time and route, established by agreement of the parties. In the absence of such agreement, delivery must be made within a period which is reasonably required of a diligent carrier, taking into account the specific circumstances and the normal route.
 
Article 141. Cases of obstacles around sunset ship at the port of destination 1. If, as a consequence of the prohibition of relevant authorities, natural disasters or other causes beyond the control of the carrier, the ship could not enter the port of destination, the carrier must immediately notify the sender or the charterer or entitled to dispose of the goods a person when that person is known to the carrier.
2. If the carriage of the cargo vessel and courtesy within a reasonable period of time from the moment of sending notification to the sender's order was received by the carrier or charterer or empowered to dispose of the goods on how to deal with the load, the master of the vessel shall have the right to unload cargo at nearby ports, at its option, either return the goods at the port of departure depending on what, in the opinion of the captain of the ship is more advantageous to the sender or the charterer or the person entitled to dispose of the goods.
3. If the carriage of the goods is granted not all ship, the captain of the vessel shall unload the goods which cannot be delivered to the port of destination, another port in accordance with the Decree of the sender or the charterer or the person entitled to dispose of the goods. In case such an order within three days from the date of notification by the carrier, the master of the vessel shall have the right to unload the goods in one of the nearest ports at its discretion and shall notify the sender or charterer or authorized to dispose of the goods to the person. The master of a ship has the right to do so and if he received an order cannot be completed without causing damage to the owners of other persons on Board of cargo.
4. the carrier shall be entitled to recover the costs associated with waiting for the orders of the sender or the charterer or the person entitled to dispose of the goods within a reasonable time and the cost of the goods, as well as freight in proportion to the distance actually ship destination.
 
CHAPTER 5. TERMINATION of TREATY OBLIGATIONS CARRIAGE OF GOODS Article 142. The rejection of the contract carrier carriage of goods 1. If the value of the loaded cargo does not cover freight and other expenses the cargo carrier and the sender or the charterer not made fully freight before departing the ship and did not provide additional security, the carrier has the right to refuse to release the vessel in flight from the performance of the contract of carriage in maritime transport of cargo. In this case, the sender or the charterer shall pay the carrier one second full freight, and when there is downtime-fee simple and reimburse other costs the carrier, made at the expense of the cargo.
2. Unloading of cargo is carried out at the expense of the sender or the charterer.
 
Article 143. The refusal of the sender or the charterer of the contract carriage of goods 1. If the carriage of the goods granted all vessel, the sender or the charterer has the right to withdraw from the contract carriage of goods subject to the payment: 1) a second full freight if there is downtime-demurrage incurred by the carrier due to cargo and not included in the sum of freight costs, if the refusal of the sender or the charterer stepped before the expiry of the demurrage or kontrstalijnogo the period specified for the loading of the goods or until the release of the vessel in flight, depending on which of these moments came earlier;

2) full freight, other amounts referred to in paragraph 1 of this part, if the sender or charterer's refusal came after one of the matters set out in paragraph 1 of this part and the carriage of goods entered into on the same flight;
3) full freight for the first flight, other amounts referred to in paragraph 1 of this part and a second freight for other flights, if the sender or charterer's refusal came after one of the matters set out in paragraph 1 of this part and the contract for the carriage of goods signed for several flights.
In case of refusal of the sender or the charterer of the contract carriage of goods prior to the release of the vessel in flight, the carrier must give the sender a charterer or cargo, if even unloading may delay the vessel over the deadline.
In case of refusal of the sender or the charterer of the contract carriage of cargo during the voyage, the sender or the charterer shall be entitled to demand extradition of the goods only in the port into which the vessel will enter in accordance with the contract of carriage of goods or left out of necessity.
2. If the carriage of the goods is granted not all ship, the sender or the charterer has the right to withdraw from the contract carriage of goods subject to payment of the full freight if there is downtime-demurrage, reimbursement of expenses incurred by the carrier due to cargo and not included in the amount of the freight. The carrier is obliged on demand of the sender or the charterer issue cargo prior to its delivery to the port of destination only if this will not damage caused by damage to the carrier and another sender or charterer.
 
Article 144. Refusal to perform the contract of carriage in maritime transport of cargo to each of the parties 1. Each of the parties to the contract of carriage of goods has the right to refuse his performance without compensation to the other party for damages if, before the vessel's departure from the place of loading of the following circumstances has occurred: 1) military and other actions endangering the ship or cargo, capturing the lives of persons on board;
2) blockade of departure or destination;
3) detention of a ship by order of the appropriate authorities for reasons beyond the control of the parties to the contract of carriage of goods;
4) bringing the vessel for public use in emergencies;
5) prohibition of the exportation of the goods by the authorities concerned, intended for transport from the place of departure or of entry of the goods at destination.
The circumstances envisaged in paragraphs 3 and 5 of this part, may not serve as grounds for refusal to perform the contract of carriage in maritime transport of goods without compensation to the other party, unless the delay is expected to ship for a short period of time.
Upon the occurrence of the circumstances provided for in this part, the carrier does not assume costs for unloading cargo.
2. each of the parties to the contract of carriage of goods has the right to refuse its execution due to the occurrence of any of the circumstances provided for in paragraph 1 of this article, also during the flight. When the sender or the charterer shall reimburse the carrier for all costs of the goods, including the cost of its unloading, as well as freight in proportion to the distance travelled.
 
Article 145. Termination of obligations under the Treaty in respect of carriage of goods with the impossibility of its execution 1. A contract for the carriage of the goods shall cease without charge one hand contract compensate the other party for damages caused by contract termination if, after its conclusion and before departure from the place of loading of the goods due to circumstances beyond the control of the parties: 1) ship will die or be forcibly seized;
2) ship is found unfit to sail;
3) perish goods, individually defined;
4) perish goods, certain generic characteristics, after putting it for loading the sender and the sender will probably not pass another cargo for loading.
2. A contract for the carriage of cargo is terminated and during the flight due to the occurrence of the circumstances referred to in paragraph 1 of this article. In this case, the carrier is entitled to freight in proportion to the distance actually ship destination, based on the amount of salvaged and collected from the cargo.
 
CHAPTER 6. Unloading and DELIVERY of CARGO Article 146. A person entitled to receipt of goods 1. Cargo on the basis of the Bill of lading is issued by the carrier at the port of discharge upon presentation of original Bill of lading: 1) nominal Bill of lading-the consignee indicated in the Bill of lading, or to the person to whom the Bill of lading transmitted by personal negotiation or otherwise in accordance with the rules established for the assignment of a claim;
2) ordernogo Bill of lading-the person who ordered drafted a bill of lading, if the Bill of lading transfer labels the person identified in the latest of a series of continuous transmission of inscriptions, or the bearer of a bill of lading with the latest blank inscription;
3) Bill of lading bearer shares-bearer of the Bill of lading.
2. If the shipment is carried out on the basis of sea waybill or based on another document, such as it, the carrier shall be entitled to surrender the goods recipient specified in this document, or to the recipient specified by the sender.
 
Article 147. Delivery of the goods in storage
 

1. If the carriage of cargo provided part of the vessel at the port of discharge and the recipient is not claimed the goods or has abandoned it, or so delayed his admission that the cargo could not be unloaded within the prescribed time limit, the carrier has the right to deliver the goods for storage in a warehouse or in some other appropriate place for the account and at the risk of the person entitled to dispose of the goods, with notification to the sender or the charterer as well as the recipient, when he is known to the carrier.
2. If the carriage of the goods is granted to all craft, unloading and delivery of the goods deposited are carried out by the carrier after the expiry of the demurrage and kontrstalijnogo time and provided for demurrage and time kontrstalijnogo have been received by the sender, or other disposition of the charterer or the person entitled to dispose of the goods. Time spent by the carrier to deliver the goods in storage is considered idle.
3. If, within two months from the date of arrival of the vessel at the port of unloading of the goods deposited by cargo and will ask the sender or the charterer or the person entitled to dispose of the goods, the carrier fails to pay all amounts due for the carriage of this cargo charges, the carrier has the right to sell the goods in the manner prescribed by the legislation of Turkmenistan.
4. Unclaimed perishable cargo, as well as cargo storage costs which exceed its cost, can be sold by the carrier before the expiry of the two-month time limit, but not earlier than the date of delivery of the goods.
5. The proceeds from the sale of the cargo amount minus the outstanding carrier payments and the costs of storage and sale of the goods, the carrier is transferred to the sender or charterer.
6. If the amount received from the sale of the goods was not sufficient to cover the outstanding carrier payments and the costs of storage and sale of the goods, the carrier is entitled to recover the lost amount from the sender or the charterer.
 
Article 148. Payments when issuing of cargo to the recipient. The right of retention of the goods 1. The recipient, when he/she receives the goods, shall compensate the costs made by the carrier due to cargo, pay demurrage at the port of discharge, as well as to pay the freight charges and to pay for the demurrage at the port of loading, if indicated in the Bill of lading or other document under which the goods were carried out in the event of general average-must make an emergency contribution or to provide appropriate security.
2. the carrier shall have the right to retain the goods until payment or provision of security referred to in paragraph 1 of this article.
In the case of delivery of the goods to be stored in the warehouse, not belonging to the recipient, the carrier retains the right of retention of the goods subject to immediate notification to the owner of the warehouse.
3. If the goods are issued to the recipient, then the carrier loses the right to claim from the sender or the charterer of the amount not paid by the recipient, unless the carrier could not exercise the right of retention due to conditions beyond its control.
4. the carrier's cargo restraint Requirements are met due to its cost in the extent and pursuant to the procedure established by the legislation of Turkmenistan.
5. The proceeds from the sale of the cargo amount minus the amounts payable to the carrier in accordance with paragraph 1 of this article and related to the sale of goods the reasonable cost of carrier is transferred to the recipient.
6. If the amount received from the sale of the goods is insufficient to payment of amounts payable to the carrier in accordance with paragraph 1 of this article, the carrier is entitled to recover the lost amount from the sender or the charterer.
 
Article 149. Inspection of the cargo or checking the status of your cargo with actual or presumed full or partial loss of the cargo or damage the receiver, and the carrier is obliged to provide each other with the ability to inspect cargo or checking its condition before delivery to the recipient. The expenses arising from the one who demanded this examination or inspection. If as a result of the conducted on demand of the recipient of the inspection of the cargo or check its status set loss or damage for which the carrier bears the costs for the inspection of the cargo or check its status shall be reimbursed by the carrier.
 
Article 150. Statement on the loss of or damage to goods 1. If prior to delivery or at the time it was issued in writing by the recipient is not made a statement to the carrier on the full or partial loss of the cargo or it is damaged and does not specify the general nature of the loss of or damage to the goods, it shall be deemed that the goods have been received in accordance with the terms of the Bill of lading in the absence of evidence to the contrary.
2. If the loss of or damage to cargo could not be installed in the ordinary way of his acceptance, a statement by the carrier can be done by the recipient within three days after delivery.
3. the recipient shall have the right to make statements, not specified in paragraph 1 of this article, if in conjunction with carrier he inspected the cargo or checked its condition at the time of delivery.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) Chapter 7. FREIGHT Article 151. Payment for carriage of goods all the amounts due carrier charges are paid by the shipper or charterer. In the cases provided for by the agreement between the consignor or the charterer and the carrier, and when these data in a bill of lading is allowed to transfer payments to the recipient.
 
Article 152. Size of freight
 

1. the amount of the freight is determined by agreement of the parties. In the absence of an agreement the size of freight is calculated based on the rates applicable at the place of loading and during the loading of the goods.
2. If the vessel loaded cargo in greater numbers than provided by the contract of carriage of goods, the amount of freight increases accordingly.
3. If the goods as provided by the contract for carriage of the cargo, the ship loaded another cargo, size freight for carriage which is longer than the Treaty's marine cargo transportation, freight paid for transportation really loaded cargo.
4. If the amount of freight for shipment really loaded cargo less than the freight for the carriage of cargo, provided by the contract for carriage of the cargo, the freight is payable, as provided for by the Treaty of maritime transport of cargo.
 
Article 153. Freight for cargo carriage when it lost 1. For cargo, lost during its transportation, freight, and if he paid in advance is returned. If the missing goods will be saved, the carrier is entitled to freight in proportion to the distance actually ship destination.
In the calculation of the freight for actually travelled vessel distance ratio takes into account part of the path travelled by ship, with a length of just paths resulting from the voyage, as well as the ratio of costs, time and effort, the dangers that are associated with the distance travelled by a vessel with cargo, and those usually fall on the rest of the way.
2. Freight shall be paid in full, if the goods have been destroyed or damaged as a result of its natural properties (decay, rot, etc.) or by circumstances dependent on the sender.
 
CHAPTER 8. The liability of the carrier and CHARTERER SENDER Article 154. The liability of the carrier 1. The carrier is liable for loss or damage to goods accepted for carriage, as well as for the delay of delivery at the port of destination since taking over for carriage until the moment of its issue.
2. the carrier is recognized to have delayed the delivery of the goods, if the goods are not issued at the port of discharge stipulated by the contract of carriage of goods, within the period specified by the agreement of the parties or, in the absence of such an agreement, in typically required for transportation period taking into account the circumstances which relate to the definition of the time to connect parts of the cargo together when it is loading, if breached a term, which was supposed to comply with precautionary carrier under normal conditions.
3. If the goods are not issued at the port of discharge to the person entitled to receive the cargo, within thirty calendar days after the agreed period of delivery or, if such a no time limit has been agreed, upon the expiration of sixty days after receipt of the goods by the carrier, the person entitled to file a claim against the carrier in respect of loss of the goods, the goods may be deemed lost.
4. the carrier is not liable for loss of or damage to cargo, as well as for the delay of delivery, if he proves that the loss or damage to cargo, or delay of delivery occurred as a result of: 1) force majeure;
2) hazards or accidents at sea or in other navigable waters;
3) any measures to save people at sea or from reasonable measures to save property at sea;
4) fire through no fault of the carrier;
5) military action;
6) actions or orders to the relevant public authorities (arrest, detention, quarantine and other);
7) actions (inactivity) of the sender or recipient;
8) latent defects of the goods, its properties, or attrition;
9) latent defects of the packaging, packing or containers;
10) failure or uncertainty of the marking of the goods;
11) unforeseen circumstances giving rise to the suspension or restriction of maritime port in full or in part;
12) other circumstances that have arisen through no fault of the carrier, its employees, agents, and other authorized persons.
 
Article 155. Navigational error, the carrier is not liable for loss or damage to goods accepted for carriage or for delay of delivery, with the exception of goods carried in cabotage, if he proves that the loss, damage or delay occurred due to actions (inaction) in the navigation or management of the ship the captain of the vessel, the other members of the crew or pilots (navigational error).
 
Article 156. Release the carrier from liability if there is evidence of safety of cargo, the carrier is not liable for loss of or damage to cargo, arrived at the port of destination, certain contract carriage of goods, healthy marine environments with serviceable seal sender, delivered in the correct packaging or container without tampering in transit, as well as goods, accompanied by a representative of the sender or recipient, if the recipient did not lead evidence that loss of or damage to the goods carried has occurred through the fault of the carrier or its agents or employees.
 
Article 157. The amount of liability of the carrier for loss of or damage to the goods 1. The responsibility of the carrier responsible for the loss or damage of cargo shall be calculated at the following rates: 1) for loss of the goods-the value of the lost goods;
2) for damage-the amount by which its value fell.

3) in the event of loss of the goods, the transport with the announcement of its value, in the amount of the declared value of the goods.
For the transport of goods with declared value with the sender or recipient will be charged an additional fee, the amount of which is determined by the contract of carriage of goods.
In addition to the reimbursement of the established claim in respect of loss of or damage to the goods, the carrier returns to the sender (receiver) freight received for the carriage of the goods lost or damaged, if it is not included in the price of the goods.
2. The total amount of the reimbursement shall be calculated on the basis of the value of the goods at the place and on the date on which the cargo was unloaded, or had to be unloaded from the ship in accordance with the contract of carriage of goods.
The value of the goods taken in charge is determined on the basis of the prices at the commodity exchange or, if no such prices based on current market prices, and if neither one nor the other prices, on the basis of the usual value of goods of the same kind and quality.
From the amount to be reimbursed for loss of or damage to the goods, shall be deducted expenses for transportation of cargo (freight, duties, etc.), which must have been made by the cargo owner, but due to the loss of or damage to the goods produced were not.
 
Article 158. Limitation of liability of the carrier 1. If a genus and species, as well as the value of the goods were not declared by the sender prior to the loading of the goods had not been entered in the Bill of lading, the size of the carrier's liability for loss of or damage to the carriage of goods may not exceed the calculated 666.67 units per package or other loading unit or 2 units of account per kilogram of gross weight of the goods lost or damaged, depending on whichever is higher.
2. The liability of the carrier for delay delivery for carriage of goods may not exceed the size of the freight payable under the contract of carriage of goods.
3. the total amount to be reimbursed by the carrier based on the first and second parts of this article, shall not exceed the limit of liability that would be established in accordance with paragraph 1 of this article for the total loss of the goods in respect of which such liability arose.
4. If the carriage of the cargo container, pallet is used or other device, capacity or shipping units enumerated in the Bill of lading as carried in such a transport is deemed, for the purposes of this article, the number of seats or units shipped. With the exception of the case, such adaptation is considered a place or unit load.
5. the parties to the contract of carriage of goods their agreement may establish limits of liability excess of installed parts 1-3 of this article.
 
Article 159. Requirements for the carrier, its employees and agents 1. The rules on the liability of the carrier and the rules relating to the limitation of its established by articles 154 and 158 of the present Code shall apply to any claim against the carrier in respect of loss of or damage to the carriage of goods or delay of delivery, subject to a contract of carriage of the goods, regardless of the stem from the Treaty requirements or circumstances as a result of the injury.
2. If the requirements in respect of loss of or damage to the carriage of goods or delay of delivery brought an employee or agent of the carrier, he is entitled to the benefit of the rules on liability and rules on limiting her, that carrier may invoke, if he proves that he acted within the scope of their responsibilities (authority).
3. except in the case provided for in article 160 of this code, the amounts recoverable from the carrier, its employees and agents shall not exceed in the aggregate limits of liability provided for in article 158 of the present code.
 
Article 160. Loss of right to limit liability 1. The carrier is not entitled to limitation of liability provided for in article 158 of the present Code, if it is proved that the loss or damage for the carriage of goods or delay in delivery was the result of his own actions (omissions) committed intentionally or by gross negligence.
2. An employee or agent of the carrier is not entitled to limitation of liability referred to in paragraph two of article 159 of the present Code, if it is proved that the loss or damage for the carriage of goods or delay in delivery was the result of their own actions (inaction) committed intentionally or by gross negligence.
 
Article 161. The liability of the actual carrier 1. If the carriage of the goods (goods part) is charged with the actual carrier, even if it is permissible conditions of the contract of carriage in maritime transport of cargo, the carrier nevertheless shall be responsible for the carriage of goods in accordance with the rules established by this chapter. In respect of carriage of goods, carried out by the actual carrier, the carrier is responsible for the actions (inaction) of the actual carrier, its employees and agents acting within the scope of their responsibilities (authority).
2. in accordance with the agreement between the carrier and the actual carrier rules on liability of the carrier prescribed in this chapter shall also apply to the liability of the actual carrier for the carriage of goods has been undertaken.

Rules set forth in parts two and three of article 159 article 160 and part two of the present Code shall be applied in the case of an agreement provided for in the first paragraph of this part also on presentation of requirements of an employee or agent of the actual carrier.
3. any agreement under which the carrier assumes obligations not mandated by the rules of this section, or refuses to rights under the rules of this section affects the actual carrier if it is agreed in writing. Regardless of whether there is such an agreement or the actual carrier is not available, the carrier shall remain bound by the obligations or waivers resulting from such an agreement.
4. If the responsibility of the carrier and the actual carrier, their liability is joint and several.
5. the amounts recoverable from the carrier or the actual carrier for loss of or damage to the transportation of cargo, or delay of delivery shall not in the aggregate exceed the limits of liability provided for in this chapter.
6. The rules established by this chapter shall not affect the right of recourse of the carrier and the actual carrier to each other.
 
Article 162. End-to-end shipment 1. If the carrier gives a through Bill of lading which provides that part of the carriage of goods should be carried out by another person, rather than a through Bill of lading, the carrier may stipulate that the carrier is not liable for loss of or damage to the carriage of goods or delayed delivery caused by circumstances which occurred at a time when the cargo was administered by another person in the exercise of part of the carriage of cargo.
The burden of proof that the loss or damage for the carriage of goods or delay in delivery caused by such circumstances, rests with the carrier.
2. the person overseeing part of the carriage of goods, liability for loss of or damage to the carriage of goods or delayed delivery caused by circumstances which occurred at a time when the cargo was in its custody, in accordance with the rules established by this chapter on the liability of the carrier.
 
Article 163. Agreement on the release of the carrier from liability or reduce the limits of his liability 1. If the shipment is carried out on the basis of a bill of lading or bills of lading issued under Charter, and regulates the relations between the carrier and the holder of the Bill of lading is not a charterer, agreement on the release of the carrier from liability or limits its liability stipulated by the rules established by this chapter is void.
2. Notwithstanding the rules laid down in the first paragraph of this article, the carrier shall be entitled to conclude the agreement on releasing it from liability or limits its liability stipulated by the rules established by this chapter: 1) since the adoption of the cargo before it is loaded onto a ship and after discharge of the goods before delivery;
2) unless the Bill of lading is issued and agreed the conditions of carriage of the goods included in a document that is not tovarorasporâdelitel′nym the document and contains a mark about it.
The rules established by this paragraph shall apply to the transport of certain goods, if the type of cargo and its status, terms of carriage of cargo and the conditions under which goods must be carried out, to justify the conclusion of a special agreement.
 
Article 164. The responsibility of the sender and the Sender of the charterer and the charterer are responsible for damages caused to the carrier, unless they prove that damages caused through no fault of their own, and also not the fault of persons for actions (inaction) of which they are responsible.
 
Section x. CONTRACT of CARRIAGE the PASSENGER Article 165. Definition of the contract of carriage of passengers under a contract carriage passenger carrier undertakes to carry the passenger to the destination and, in the case of putting the passenger baggage is also delivered to the destination of the baggage and hand him over to the passenger or the person authorized to receive the luggage and the passenger shall pay the established fare charge, upon delivery of baggage-baggage fee.
 
Article 166. The application of the rules established by this section, the rules established by this section shall apply, unless otherwise provided by agreement of the parties. In cases directly indicated in the present section, the agreement of the parties, does not meet the rules set in this section is void.
 
Article 167. Transport documents a ticket bought by a passenger, is a document certifying the conclusion of the contract of carriage of the passenger and baggage check-surrender of the passenger baggage.
 
Article 168. Baggage and cabin baggage 1. The passenger has the right to bring in destination baggage and cabin baggage.
2. Baggage is any item or any vehicle transportation which contract carriage of passengers, with the exception of the subject matter or the carriage of vehicles which are carried out under the contract of carriage of goods or animals.

3. Cabin Baggage is baggage, which is in the passenger cabin or is otherwise in his possession, under his protection or supervision. Cabin luggage includes luggage which the passenger has in his car or on it, except the application of the rules established by article 170 and parts of second-fifth article 177 of this code.
 
Article 169. The fare the passenger and his baggage allowance fees 1. Hand your agreement determine the fare the passenger and his baggage for carriage.
2. The fare the passenger and his baggage for carriage of transport for general use is determined by the rates approved in order established by the legislation of Turkmenistan.
3. The passenger has the right within the established norms carry a free cabin baggage, the baggage for carriage for a fee, as well as on travel benefits in accordance with the legislation of Turkmenistan.
 
Article 170. Passenger transportation periods passengers includes the following periods: 1) with regard to the passenger and his luggage kaûtnogo-a period during which the passenger and/or his cabin luggage are on board the vessel, the period of passenger embarkation and disembarkation, as well as the period during which the passenger and his cabin luggage are transported by water from shore to ship or vice versa, if the cost of delivery is included in the ticket price, or if the carrier provided the passenger vessel an auxiliary carriage. In respect of passenger carriage does not include the period during which the passenger is at the sea Terminal, berth or at any other port construction or on it;
2) against kaûtnogo luggage, also the period during which the passenger is at the sea Terminal, berth or at any other port construction or, if it is accepted by the carrier, his employee or agent and is not issued to the passenger;
3) in respect of other luggage which is not cabin luggage, the period from the adoption of such baggage by the carrier, his employee or agent on shore or on board until the date of issue of such baggage to the passenger by the carrier, his employee or agent.
 
Article 171. The refusal of the passenger from the contract of carriage in maritime transport 1 passenger. The passenger has the right to withdraw from the contract of carriage in maritime transport passengers before departure and after the start of the voyage in any port, which will ship for embarkation and disembarkation of passengers.
2. If the passenger is refused to the contract of carriage in maritime transport passengers no later than the deadline set by the rules of carriage of passengers, approved by the notified body in the field of water transport, or failed to sail the ship due to illness or prior to departure of the vessel refused the contract of carriage in maritime transport passengers because of illness or for reasons attributable to the carrier, the passenger is refunded paid them fare and baggage allowance in accordance with the rules of approved by the notified body in the field of water transport.
 
Article 172. The refusal of the carrier from the contract of carriage in maritime transport 1 passenger. The carrier has the right to withdraw from the contract of passenger carriage upon the occurrence of the following circumstances beyond his control: 1) military or other actions (inaction), endangering the ship's capture;
2) blockade of departure or destination;
3) detention of a ship by order of the appropriate authorities for reasons beyond the control of the parties to the contract;
4) bringing the vessel for public use;
5) loss of vessel or its capture;
6) when a vessel is recognized as unfit for swimming;
7) other circumstances provided for by the legislation of Turkmenistan.
2. If the carrier refused a contract carriage of passengers before departure, he is obliged to return all the passenger charge for transportation of the passenger and his luggage, after the start of the voyage, part of them in proportion to the distance at which the passenger has not been implemented.
3. the carrier, renounced the execution of the contract of carriage in maritime transport passengers upon occurrence of circumstances stipulated in this clause must at their own expense deliver the passenger, upon request, to the place of departure or to compensate the passenger actually incurred costs.
 
Article 173. Modify the contract of carriage in maritime transport 1 passenger. The carrier has the right to delay the ship's departure, change the route of a passenger pick-up and/or drop-off a passenger when such action is necessary when the occurrence of emergencies of different nature of departure, place of destination or during a flight on the route for the carriage of passengers, other circumstances beyond the control of the carrier.
In the cases referred to in this part, the carrier must deliver a passenger at his own expense, upon request, to the place of departure or to compensate the passenger actually incurred costs.
2. The rules established by the first paragraph of this article shall not affect the right to withdraw from the contract of passenger carriage of the passenger.
 
Article 174. The liability of the carrier 1. Carrier liability established by the legislation of Turkmenistan, for the death of a passenger and damage to his health, as well as for loss of or damage to the luggage of the passenger, if the accident which caused the damage to the passenger, occurred during the transportation of the passenger and his luggage by fault of the carrier, its employees or agents acting within the scope of their responsibilities (authority).

Loss of or damage to passenger baggage includes damage caused to baggage that is not issued to the passenger within the prescribed period after the arrival of the ship on which the baggage was transported or had to be carried.
2. the duty of proving that the incident which caused the damage to the passenger, occurred during the transportation of the passenger and his luggage, as well as size caused damage rests with the plaintiff.
3. The fault of the carrier, its employees or agents acting within the scope of their responsibilities (authority), it is assumed, unless the contrary is proved, in cases where the death of a passenger or damage his or her health or loss of or damage to luggage kaûtnogo occurred as a result of the shipwreck, collision, landing ship aground, explosion or fire on board or shortcomings of the vessel or in relation to the shipwreck, collision, landing ship aground, explosion or fire on board or deficiencies of the vessel. In respect of loss of or damage to other luggage which is not cabin, wine of these persons it is assumed unless proven otherwise, regardless of the nature of the incident that caused the loss of or damage to such baggage. In other cases the burden of proof of guilt lies with the complainant.
 
Article 175. Loss and damage values of the carrier is not responsible for loss or damage to money, securities, gold, silverware, jewellery, ornaments, works of art or other valuables, if such values have not been deposited with the carrier, which agreed to keep them in one piece. For values deposited by the carrier is responsible in accordance with the legislation of Turkmenistan is not above the limit provided for part of the fourth article 177 of this code, if, in accordance with article 178 not agreed a higher limit of liability.
 
Article 176. Intent or gross negligence of the passenger if the carrier proves that intent or gross negligence of the passenger caused the death of a passenger or damage his or her health or contributed to the death of a passenger or damage his or her health, or contributed to the loss or damage to the luggage of the passenger, the carrier may be exonerated wholly or in part.
 
Article 177. The carrier's limits of liability 1. Carrier's liability for harm caused to life or health of a passenger shall not exceed 175 thousand units for transport in General. If the injury is compensated in the form of periodic payments corresponding to the total amount of such payments shall not exceed the specified limit of liability of the carrier.
2. The liability of the carrier for loss of or damage to luggage shall not exceed kaûtnogo 1.8 thousand units of account per passenger in relation to transportation in General.
3. The liability of the carrier for loss of or damage to the vehicle, including baggage carried in it or on it, should not exceed 10 000 units of account per vehicle for transport in General.
4. The liability of the carrier for loss of or damage to luggage other than baggage specified in parts two and three of this article, shall not exceed 2.7 thousand units of account per passenger in relation to transportation in General.
5. the carrier and the passenger may conclude an agreement on imposing liability on the carrier, minus deductible not exceeding 300 units of account in the case of damage to the vehicle and not exceeding 135 units of account per passenger in the event of loss of damage to other baggage. In doing so, these amounts must be deducted from the amount of damage caused to the passenger as a result of the loss of or damage to vehicles or other baggage.
6. Interest accrued on the amount of damages and legal costs shall not be included in the limits of liability provided for in paragraphs 1-5 of this article.
 
Article 178. Increased limits of liability of the carrier, the carrier and the passenger may their agreement in writing, to higher limits of carrier liability than those provided for in paragraphs 1-5 of article 177 of this code.
 
Article 179. Applying the limits of liability of the carrier 1. If an employee or agent of the carrier or the actual carrier claim damages in accordance with the rules established by this section, the employee or agent, if he proves that he acted within the scope of their responsibilities (authority), is entitled to the benefit of the limits of liability which are provided for in respect of the carrier and the actual carrier rules established by this section.
2. the limits of liability of the carrier provided for in paragraphs 1-5 of article 177 of this code shall apply to the aggregate of the amounts to be reimbursed for all claims arising in connection with the death of one passenger or damage to the health of a passenger or the loss of or damage to his luggage.

3. In respect of the carriage of passengers, carried out by the actual carrier, the aggregate of the amounts recoverable from the carrier, the actual carrier and their employees or agents acting within the scope of their responsibilities (authority) shall not exceed the highest amount of compensation, which according to the rules established by this section, the compensation payable by the carrier or the actual carrier. While none of these individuals should be responsible above the liability limit applicable to him.
4. If an employee or agent of the carrier or the actual carrier shall have the right in accordance with paragraph 1 of this article to take advantage of the carrier's limits of liability stipulated by parts one-fifth article 177 of this code, the aggregate of the amounts recoverable from the carrier or, where appropriate,-the actual carrier, an employee or agent of the carrier or the actual carrier shall not exceed the specified limits.
 
Article 180. Loss of right to limit liability 1. The carrier shall not be entitled to avail itself of the limitation of liability of the carrier provided for by paragraphs 1-5 of article 177 article 178 of this code and, if it is proved that the damage caused to the passenger, was the result of his own actions (omissions) committed intentionally or by gross negligence.
2. An employee or agent of the carrier or the actual carrier is not entitled to take advantage of the carrier's limits of liability provided for by paragraphs 1-5 of article 177 and article 178 of this code against the carrier if it is proved that the damage caused to the passenger, was the result of their own actions (inaction) committed intentionally or by gross negligence.
 
Article 181. The liability of the carrier for delay of departure of the vessel or the vessel's arrival late in the case, delaying the departure of a vessel carrying a passenger, or if the ship arrived late at the destination, the passenger pays the carrier a fine of up to fifty per cent of passenger fares and charges for the carriage of baggage, unless he proves that the delay of departure of the vessel, or arrive late at their destination occurred due to circumstances beyond the control of the carrier.
 
Article 182. Statement of loss or damage to baggage 1. The passenger must submit a statement in writing to the carrier or its agent in the following cases: 1) explicit damage kaûtnogo luggage before or at the time of disembarkation of the passenger, the apparent damage to other baggage before or at the time of its issuance;
2) loss of or damage to baggage, which are not apparent, within fifteen days from the date of disembarkation of the passenger or baggage claim area, or from the time when he should be extradited.
2. If the passenger has not complied with the requirement under this article, it is assumed that passengers got luggage undamaged unless proven otherwise.
3. Statements by the passenger in writing not required if baggage inspected or checked his State carrier together with the passenger at the time of receipt of the baggage.
 
Article 183. Agreement on the release of the carrier from liability or reduce the limits of his liability agreement prior to the accident, which caused the death of a passenger or harm his health or loss of or damage to his luggage to release the carrier from liability or setting lower limits of liability envisaged by the rules established in this section except part five article 177 of this code, or postpone the obligation of proof the carrier is negligible.
 
Article 184. Non-receipt of passenger baggage for reasons beyond the control of carrier reasons 1. If the passenger has not received your baggage for reasons beyond the carrier latter reasons has the right to hand it over to the seaport, where passengers arrived in accordance with purchased ticket.
2. the procedure for the disposition of such luggage and storage time sets the authorized body in the field of water transport.
 
Article 185. The actual carrier 1. If the carriage of the passenger or part of the carriage is entrusted to carry out the actual carrier, the carrier shall nevertheless bear responsibility in accordance with the rules laid down in this section for the carriage of passengers. While the actual carrier bears the responsibility and has rights under the rules established by this section with respect to its own part of the carriage of the passenger.
2. In respect of the carriage of passengers, carried out by the actual carrier, the carrier is responsible for the actions (inaction) of the actual carrier, its employees or agents acting within the scope of their responsibilities (authority).
3. any additional responsibilities entrusted to it by the rules established by the present section, as well as non-actual carrier from the rights conferred on such rules apply to the actual carrier only if agreed to this in writing.
4. If the responsibility of the carrier and the actual carrier, their liability is joint and several.
5. The rules established by this section shall not affect the right of recourse of the carrier and the actual carrier to each other.
 
Article 186. Schedule of carriage of passengers
 

Timetable of the transport of passengers passenger ship and how it changes the carrier shall be drawn up in accordance with the rules of carriage established by notified body in the field of water transport.
 
Article 187. The scope of application of the rules set forth in this section 1. The rules established by this section on the carrier's liability for harm caused to life or health of the passenger and limitation of liability shall apply to the carriage of passengers on international communication, unless the carrier and the passenger are not organizations or citizens of Turkmenistan.
2. If the carrier and the passenger are organizations or citizens of Turkmenistan, the carrier's liability for harm caused to life or health of the passenger, shall be determined in accordance with the provisions of civil legislation of Turkmenistan.
3. The rules established by this section on the carrier's liability for loss or damage to baggage and limitation of such liability, shall not apply when it is carried in cabotage.
For the carriage of baggage in cabotage carrier's liability for loss or damage to baggage or for delayed his extradition shall be determined in accordance with the provisions of civil legislation of Turkmenistan.
 
SECTION XI. The CONTRACT of AFFREIGHTMENT SHIP on time (time Charter) Article 188. Contents and form of time Charter 1. In time-Charter must be indicated the names of the parties, name of vessel, its technical and operational characteristics (load capacity, speed and others), navigation area, aim Charter, time, location, transmission and return of the ship, freight rate, the validity period time Charter.
2. Time Charter is in writing.
 
Article 189. Contract subfrahtovaniâ ship on time (subtajm-Charter) 1. If the Charter does not stipulate otherwise, the charterer within the provided time-Charter of rights may conclude on their own behalf subtajm Charter for the duration of the time Charter or part of that period.
Conclusion subtajm Charter does not relieve the charterer of the time Charter contract with the shipowner.
2. subtajm-charterers apply the rules established by this section.
 
Article 190. Seagoing vessel status 1. The shipowner is obliged to bring the ship in seaworthy condition at the time of his transfer to a charterer-take measures to ensure the seaworthiness of the ship (its chassis, engine and equipment) for the purposes of the Charter provided for a time-Charter, to adequately equip the ship and its Manning.
2. The shipowner shall not be liable if he proves that the nemorehodnoe condition of the vessel caused by deficiencies that could not be detected with them of due diligence (hidden disabilities).
3. The shipowner during the validity period time Charter must also maintain a vessel in navigable condition, to pay for the insurance of the ship and its responsibility, as well as for maintenance crew.
 
Article 191. Charterer of the vessel and its operation return 1. The charterer is obliged to use the services of a vessel and its crew members in accordance with the objectives and conditions of their provision, certain time-Charter.
The charterer shall pay the costs and fees associated with commercial operation of the vessel.
Income received as a result of the use of fixed-wing craft and services members of his crew, are the property of the charterer, excluding proceeds from rescue, in accordance with article 197 of this code shall be distributed between the shipowner and the charterer.
2. Upon the expiration of the time Charter the charterer is obliged to return the vessel to the shipowner in the condition in which it was earned, subject to normal wear and tear of the ship.
3. When a vessel charterer shall pay the refund delays for the delay of the vessel freight rate under time Charter, or at the market rate of freight, the freight rate if it exceeds the prescribed time Charter.
 
Article 192. Charterer's liability before the cargo if the ship was granted for cargo transportation, he has right on his or her behalf to enter into contracts of carriage, to sign charters to issue bills of lading, sea waybills and other transport documents. In doing so, the charterer shall bear responsibility in front of the cargo in accordance with the rules laid down by articles 154-164 of this code.
 
Article 193. Thus members of the crew of the ship 1. The ship's captain and other crew members of the vessel subject to the orders of the owner of the ship, belonging to the management of the vessel, including navigation, internal arrangement and composition on the vessel's crew.
2. orders concerning the commercial exploitation of the charterer of the vessel required for ship's captain and other crew members.
 
Article 194. The release of the charterer from liability for damages caused by the loss or damage, rescue vessel Charterer bears no responsibility for damages caused, loss of or damage to the rescue of chartered vessel, unless it is proved that the loss caused by the fault of the charterer.
 
Article 195. Freight payment 1. The charterer shall pay to the owner freight in accordance with the procedure and terms stipulated by the time Charter. The charterer shall be exempt from payment of freight and costs for ship time, during which the vessel was unfit to operate due to nemorehodnogo status.

If the vessel becomes unfit for operation due to the fault of the charterer, the shipowner has the right to the freight as provided for time Charter regardless of compensation of losses caused by the charterer of the vessel.
2. If the charterer is authorized delay freight more than fourteen calendar days, the shipowner has the right without notice to withdraw the vessel from the charterer and recover from it caused by the delay.
 
Article 196. Loss of vessel and the payment of the freight in the event of loss of ship freight payable from the date envisaged time-Charter, on the day of the death of the ship or, if this date cannot be established, on the day of receipt of the last news about the vessel.
 
Article 197. Remuneration for salvage services Remuneration due to the ship for salvage services rendered prior to the expiration of the time Charter, equally distributed between the shipowner and the charterer, minus the costs of rescue and crew share remuneration owed.
 
Article 198. The application of the rules established by this section, the rules established by this section shall apply if the parties ' agreement provides otherwise.
 
SECTION XII. The CONTRACT of AFFREIGHTMENT of the SHIP without a CREW (bareboat charter) article 199. Content and form of the bareboat charter 1. In a bareboat charter must be indicated the names of the parties, name of ship, its flag, its class technical and operational characteristics (load capacity, speed and others), the number of them spent fuel, navigation area, aim Charter, time, location, transmission and return of the ship, freight rate, bareboat charter expires.
2. Bareboat Charter is in writing.
 
Article 200. Seagoing vessel status 1. The shipowner is obliged to bring the ship in seaworthy condition at the time of his transfer to a charterer-take measures to ensure the seaworthiness of the ship (its chassis, engine and equipment) for the purposes of the Charter provided for a bareboat charter.
2. The charterer within the period of validity of bareboat charter must also maintain a vessel in navigable condition, however the removal of latent defects of the vessel is the responsibility of the shipowner.
 
Article 201. Completing the crew of the ship 1. The charterer carries out manning the ship.
2. The Charterer shall have the right to bring the crew of the ship with persons not forming part of the crew of that ship, or in accordance with the terms of the bareboat charter with persons who were members of the crew of the ship, subject to the rules laid down by article 49 of the present code.
3. Irrespective of the mode of acquisition of the ship's captain and other crew members are obliged to obey the charterer.
 
Article 202. Charterer of the vessel and its operation return 1. The charterer of the vessel operates under the terms of the bareboat charter and bears all related expenses, including the cost of maintaining the ship crew members.
The charterer pays for the insurance of the ship and its responsibility, as well as pay taxes levied on the vessel.
2. Upon expiration of the bareboat charter the charterer is obliged to return the vessel to the shipowner in the condition in which it was received, taking into account normal wear and tear of the ship.
 
Article 203. Liability of charterer the charterer bears responsibility before third parties for any of their requirements arising in connection with the operation of the ship, in addition to claims for damages from oil pollution from ships and marine damage in connection with the carriage of hazardous and noxious substances.
Article 204. Damages caused by the loss or damage, rescue vessel losses caused by the loss or damage, rescue vessel carries the charterer, if not proves that damages caused through no fault of his own.
 
Article 205. The payment of the freight ship owner 1. The charterer shall pay to the owner freight for month forward rate agreed by the parties.
The charterer shall be exempt from payment of freight and costs for ship time, during which the vessel was unfit to operate due to nemorehodnogo condition, unless the vessel is not suitable due to the fault of not come charterers.
2. In case of delay of payment of freight in excess of fourteen calendar days, the shipowner has the right without notice to withdraw the vessel from the charterer, except in the case provided for in article 206 of the present Code, and recover from such delay damages caused by the charterer.
3. In case of loss of ship freight payable from the date provided for bareboat charter, on the day of the death of the ship or, if this date cannot be established, on the day of receipt of the last news about the vessel.
 
Article 206. The inadmissibility of the seizure of the vessel at the bareboat charterer with a condition of redemption of the vessel in accordance with article 207 of the present Code, the shipowner is not entitled to withdraw the vessel from the charterer in the event of late payment of freight in excess of fourteen calendar days, unless such failure is caused by circumstances beyond the control of the charterer, but is entitled to recover from the charterers the delay caused by the losses.
 
Article 207. Ransom vessel the bareboat charterer with a condition of redemption of a ship the charterer at the expiration of the bareboat charter the vessel becomes the property of the charterer if the charterer has fulfilled its obligations under the bareboat charterer and made the last payment of the freight in accordance with part one of article 205 of this code.
 

Article 208. Liability for defects of the vessel purchased by the Shipowner liable for any shortcomings which the charterer of the vessel, including hidden disadvantages if the charterer proves that such shortcomings have arisen before the transfer of the vessel or for any reason, prior to its submission.
 
Article 209. Treaty of subfrahtovaniâ (subberbout-Charter) 1. The charterer within the powers granted to bareboat charter the rights has the right to conclude treaties on its own behalf chartering the ship without a crew with third parties for the duration of the bareboat charter or a part of this period (subberbout-Charter) if the bareboat Charter provides otherwise.
2. conclusion of subberbout Charter does not relieve the charterer of the bareboat charter concluded with the freighter.
 
Article 210. Application of the rules set forth in this section 1. The rules established by this section shall apply if the parties ' agreement provides otherwise.
2. The provisions of this section apply also to subberbout-charterers.
 
SECTION XIII. CONTRACT TOWING Article 211. Contract towing and its form 1. Under the contract, the owner of a vessel towing undertakes for reward to tow another ship or a floating object at a certain distance (towage) or to perform maneuvers in the port water area, including for entering of the vessel or other floating object in the port or output them from the port (port towing).
2. a contract of sea towage is in writing.
3. the Treaty port towing may be concluded orally. Entrusting agreement on management of Captain of the towing vessel towing must be concluded in writing.
 
Article 212. Responsibilities of the parties to the contract of towage 1. Each of the parties to the contract of towage is obliged to advance to bring their vessel or other floating object in usable condition for towing.
2. Towing must be carried out with skill, as circumstances require, without interruption and delay, except for necessary, and in accordance with good marine practice.
3. a vessel or other floating objects that are managed by the captain of another vessel or other floating object must also care about safe swimming towing a caravan.
 
Article 213. Responsibility for sea tow 1. Towage is managed by Captain of the towing vessel.
The owner of the towing vessel shall be liable for damage caused by sea tow buksiruemomu vessel or other floating object either in people or property, unless he proves that the damage did not damage caused by his fault.
2. the parties to the contract of carriage in maritime towage could agreement in writing to assign responsibility for managing marine towing the towed vessel's captain or a floating object. In such a case the liability for damages caused by sea tow buksiruûŝemu any vessel in it people or property, is the owner of the ship or other towed floating object, unless he proves that the damage did not damage caused by his fault.
 
Article 214. Responsibility for the port towage 1. Port towage is managed by Captain towed vessel or other floating object.
Liability for damages caused during towing vessel buksiruûŝemu port, either in people or property therein, is the owner of the ship or other towed floating object, unless he proves that the damage did not damage caused by his fault.
2. the parties to the Treaty port towing can agreement in writing to assign responsibility for managing port towage at Captain of the towing vessel. In this case the liability for damages caused when the port towage buksiruemomu vessel or other floating object or under them to people or property, is the owner of the towing vessel, unless he proves that the damage did not damage caused by his fault.
 
Article 215. Towing in ice conditions of the owner of the towing vessel bears no responsibility for damage caused during towing in ice conditions buksiruemomu vessel or other floating object either in people or property, unless it is proved that the loss caused by his fault.
 
Article 216. The application of the rules established by this section, the rules established by this section shall apply if the parties ' agreement provides otherwise.
 
SECTION XIV. The TREATY of MARITIME AGENCY SERVICES Article 217. Definition of a maritime agency under the Treaty of Maritime Marine Agency Agent undertakes for reward on behalf of and at the expense of the shipowner's legal and other acts on its own behalf or on behalf of the shipowner for a specific port or on a certain territory in accordance with the legislation of Turkmenistan.
 
Article 218. Limit the General authority of maritime agent in case of restriction of the shipowner of the General authority of maritime agent to conduct transactions on behalf of the shipowner transaction made by the agent of the sea with a third party acting in good faith, is effective and creates rights and obligations on crime for the shipowner transaction unless the third party was not aware of such a limitation.
 
Article 219. Action marine agent for different sides
 

Marine agent may perform legal and other acts with the consent of the shipowner in favour of another party, upolnomočivšej it on such actions.
 
Article 220. The Treaty of maritime subagentirovaniâ 1. Marine agent is entitled to performance of the contract of maritime agency services contracts subagentirovaniâ the sea with others, while remaining responsible for the actions of the sea subagent before shipowner.
2. sea subagent may not enter into transactions with third parties on behalf of the owner, unless not subagent operates on the basis of transfer.
 
Article 221. The rights and responsibilities of the maritime agent 1. Marine agent performs various formalities connected with the arrival of the vessel at the port, the ship's stay in the port, and the release of the vessel from the port, the master of the vessel has been providing assistance in establishing contacts with the port and local authorities and supply vessel and its maintenance in Porto, legalizes papers for the cargo, shall collect the amount of the freight and other amounts owed to the shipowner for claims arising from the contract of carriage of goods pay by order of the shipowner and shipmaster amounts payable in connection with the stay of the ship in port, attracts loads for linear transportation, freight collect freight forwarding and performs other actions in the field of maritime shipping.
2. Marine agent is obliged to: 1) to carry out its activities on behalf of the ship owner in good faith and in accordance with the practice of maritime agency services;
2) acting within his powers;
3) maintain records of expenditures and provide owners with reports in the manner and within the period provided for in the Treaty of maritime shipping.
 
Article 222. Responsibilities of the shipowner, the shipowner shall: 1) provide sea agent sufficient funds to carry out acts in accordance with the Treaty of maritime agency services;
2) reimburse the law agent produced charges;
3) be responsible for the consequences of acts of maritime agent marine agent conducts on behalf of the shipowner and the limits of their powers;
4) pay the maritime agent remuneration in the amount and under the procedure established by the Treaty of maritime shipping.
 
Article 223. Termination of the contract of maritime shipping 1. If the contract of Marine Agency concluded for a fixed term, the end of the period of validity of such a contract entails its termination.
2. If the contract of Marine Agency signed for an indefinite period of time, either party may terminate this agreement by the other party not later than three months before the date of termination.
 
Article 224. The application of the rules established by this section, the rules established by this section shall apply if the parties ' agreement provides otherwise.
 
SECTION XV. MARITIME CONTRACT MEDIATION Article 225. Definition of a maritime mediation 1. Maritime Treaty mediation the mediator (marine broker) undertakes to truster on its behalf and at its expense to provide mediation services when contracting: purchase and sale of vessels, towing ships, chartering, maritime insurance in accordance with the legislation of Turkmenistan.
2. Marine broker shall be entitled to remuneration for the provision of mediation services when concluding contracts referred to in paragraph 1 of this article, if such contracts have been concluded as a result of his mediation efforts.
 
Article 226. Commission of maritime action marine Marine agent broker broker truster can perform the formalities connected with the arrival of the vessel at the port, the ship's stay in the port, and the release of the vessel from the port, as well as other actions that typically commits sea agent in accordance with article 221 of the criminal code. In such a case, the rules of the Treaty to maritime agency established by articles 217-224 of this code.
 
Article 227. Action marine broker for both parties When concluding contracts referred to in article 225 of the present Code, a marine broker may represent both parties to such treaties. In this case marine broker is obliged to report each of the parties, that it is also the other side and when mediation is required to act in the interests of both parties.
 
Article 228. Responsibilities of marine broker report after the execution of the orders of the principal marine broker must account for the amount received from the settlor.
 
SECTION XVI. A CONTRACT of MARINE INSURANCE Article 229. Maritime insurance contract and its form 1. Under a contract of marine insurance the insurer undertakes for insurance payment (insurance premium) when provided by the contract of marine insurance event (insured event), is the object of insurance (the insured's interests) to reimburse the insured or other person in favor of whom concluded such a treaty, incurred losses.
2. a contract of marine insurance must be concluded in writing.
 
Article 230. The object of marine insurance
 

1. the object of the marine insurance can be anyone associated with trading and seafaring-ship a property interest, the construction of the vessel, cargo, freight, as well as the fare the passenger and his baggage fee for the vessel expected from transport cargo revenue and other secured the ship, cargo and freight requirements, salaries and other amounts due to the ship's captain and other crew members of the vessel amounts, including repatriation costs , shipowner and himself the insurer risk (reinsurance).
2. marine insurance Object must be specified in the contract of marine insurance.
 
Article 231. 1 risk information. The insured shall at the conclusion of the contract of marine insurance to inform the insurer detailed information about circumstances that are essential for determining the extent of the risk, which it is known or should be known, as well as the information requested by the insurer.
The insured is released from the duty to notify the insurer of commonly used information as well as information that is known or should be known to the insurer.
2. If the policyholder unreported details that are essential for determining the extent of the risk, or when providing incorrect information, the insurer is entitled to withdraw from the contract of marine insurance. With this premium owed by the insurer if the insured proves that the failure to disclose information or post incorrect information was not his fault.
3. The insurer is entitled to withdraw from the contract of marine insurance, if the circumstances that are essential to determine the degree of risk and are not reported to the policyholder have ceased to exist.
4. If, at the conclusion of the contract of marine insurance insured the answers to the questions were missing information, requested by the insurer, the insurer may not subsequently withdraw from the contract of marine insurance, on the basis that such information was not communicated to him.
 
Article 232. Insurance policy and the terms and conditions of insurance, the insurer shall issue the policyholder with a document confirming the conclusion of a contract of marine insurance (insurance contract or insurance policy or other insurance document), as well as presents to the policyholder the insurance terms.
 
Article 233. Premium 1. The policyholder shall pay the insurance premium to the insurer in time due to a contract of marine insurance.
2. the insurance commences at 12:00 am on the day of conclusion of the contract and ends in 12:00 am on the last day of the time limit provided for in the Treaty.
3. pending timely payment first or one-time premium, the insurer is free from their duties.
 
Article 234. Conclusion of a contract of marine insurance in favor of a third party, regardless of its name is specified or not specified in this contract 1. Maritime insurance contract can be signed by the insured in their favour or in favour of another person, regardless of name or the name of another person in the contract of marine insurance.
When concluding a contract of marine insurance without specifying a name of another person in favor of whom the contract of marine insurance, the insurer gives the policyholder the insurance policy or other insurance document addressed to the bearer.
2. In the case of conclusion of a contract of marine insurance in favour of another person, the insured shall bear all the obligations under this Treaty. Another person in favor of whom signed the Treaty, also bears all responsibilities under a contract of marine insurance, if the contract is concluded or on his behalf without his order, provided that the person is subsequently express their consent to the insurance.
3. in the case of insurance in favour of another person, the policyholder is entitled to all the rights under a contract of marine insurance without a power of attorney to another person.
 
Article 235. View the insurance policy with insurance claims With insurance claims, the insurer has the right to require the submission of the insurance contract or insurance policy or another document confirming the conclusion of a contract of marine insurance.
 
Article 236. Alienation of insured cargo 1. In the case of alienation of insured cargo maritime insurance contract remains in force, with all the rights and obligations of the insured shall pass to the purchaser of such goods.
2. If, before the alienation of insured cargo insurance premium is not paid, the obligation of its payment of both the insured cargo and its acquirer. The requirement to pay the insurance premium does not apply to the holder of the insurance policy or other insurance document in which there is no indication that the premium is not paid.
 
Article 237. Alienation of the insured vessel 1. In the case of alienation of the insured vessel maritime insurance contract shall terminate from the moment of alienation of the vessel. In the case of alienation of the insured vessel during a voyage on the request of the insured contract marine insurance remains in force until the end of the flight, and the acquirer of such vessel assumes all rights and obligations of the insured.
Consequences set forth in the first paragraph of this part come into force, and in the case of the transfer of the insured vessel in use and possession against the bareboat charterer.
2. The rules established by this article shall also apply to a contract of marine insurance of liability of the shipowner.
 
Article 238. Sum insured
 

1. when a contract of marine insurance, the policyholder is obliged to declare the amount at which it insures appropriate interest (sum insured).
2. in the case of insurance of the vessel, cargo or other property insured amount may not exceed their actual value at the time the contract of marine insurance (insurance value). The parties may not challenge the insurance value of property, a contract of marine insurance if the insurer can prove that he deliberately misled entered.
3. If the sum insured specified in the contract of marine insurance, exceeds the value of the property insured, a contract of marine insurance is invalid insofar as the insured amount, which exceeds the insurance cost.
4. If the sum insured is declared below the property insurance cost, indemnity is reduced in proportion to the ratio of the sum insured and the insured value.
 
Article 239. Double insurance 1. If the object is insured with several insurers for amounts that eventually exceed its insurance value (double insurance), all insurers are responsible only in amount of insurance cost; each of them is responsible in proportion to relative sum insured according to the concluded contract of marine insurance to them to the total sum insured on all contracts of marine insurance, in respect of the object.
2. If the same shipowner's liability is insured by several insurers (double insurance), each of the insurers respond in an amount equal to its liability in accordance with the concluded contract of marine insurance to them.
If an insured event occurs, the amount of liability of the shipowner liability is less than the size of all insurers, each of the insurers respond in proportion to relative size of its responsibility to the size of the responsibility of all insurers.
 
Article 240. Suffering a loss prior to the conclusion of the contract of marine insurance or lack thereof 1. Maritime insurance contract remains in force, even if at the time of its conclusion over the possibility of the damages recoverable, or such losses have already occurred.
If the insurer when concluding a contract of marine insurance knew or had reason to know that the possibility of the occurrence of the insured event deleted or the insured or other person in favour of whom a contract of marine insurance, knew or should have known about and be reimbursed by the insurer losses, performance of a contract of marine insurance is not compulsory for the parties, which was not aware of such circumstances.
2. Premium owed by the insurer and if the performance of a contract of marine insurance is not obligatory for him.
 
Article 241. General policy on special agreement (the policy) can be insured all goods which the policyholder receives or sends within a certain period of time.
 
Article 242. Provision of cargo information 1. The policyholder shall on each shipment falling within the policy, notify the insurer required information immediately upon receipt, in particular, the name of the vessel on which the goods are carried, transit and the sum insured.
The policyholder is not exempt from this obligation, even if it receives information about the shipment upon arrival at the port of destination intact.
2. in the report or late communication of the necessary information about the insured individual consignments through negligence, the insurer has the right to refuse compensation in relation to such shipments of goods. The insurer has the right to receive the full amount of the insurance premium, which he could obtain timely and in full the message specified by the policyholder.
3. The insurer is entitled to withdraw from the insurance policy if the policyholder intentionally: 1) not reported the required information on the individual consignments or untimely told them;
2) incorrectly stated the nature and type of cargo or its sum insured.
In these cases, the insurer has the right to receive the full amount of the insurance premium, which he could obtain in the case of the proper performance of the contract of marine insurance by the insured.
 
Article 243. Insurance policies for individual shipments of goods 1. On request of the policyholder, the insurer is obliged to issue the insurance of individual shipments of goods falling under the policy.
2. In the event of a discrepancy between the content of the insurance policy of individual shipments of goods to the policy preference for the insurance policy.
 
Article 244. Intent and gross negligence of the insured or other person in favour of whom a contract of marine insurance, the insurer is not liable for damages, whether caused intentionally or by gross negligence of the insured or other person in favor of whom signed a contract of marine insurance, or his representative.
 
Article 245. Releasing the insurer from liability insurance of vessel insurance, the insurer of the vessel, except in the cases referred to in article 244 of the present code is not liable for damages, whether caused in consequence of: 1) sending the ship in nemorehodnom condition, unless the condition of the vessel nemorehodnoe was not caused by hidden shortcomings of the vessel;

2) deterioration of the ship and its accessories, their deterioration;
3) loading with the knowledge of the insured or other person in favour of whom a contract of marine insurance, or his representative, but without knowledge of the insurer, hazardous substances and items in relation to the explosion and spontaneous combustion.
 
Article 246. Releasing the insurer from liability cargo insurance the insurer for the insurance of the goods, except in the cases referred to in article 244 of the present Code shall not be liable for damages if he proves that they are caused by: 1) intentional or gross negligence of the sender or recipient or his representative;
2) natural properties of cargo (damage, loss, rust, mold, leakage, breakage, spontaneous combustion or other);
3) improper packaging.
 
Article 247. Releasing the insurer from liability insurance freight freight insurance rules established by articles 245 and 246 of the criminal code.
 
Article 248. Losses caused by the nuclear incident, the insurer is not liable for losses caused by a nuclear explosion, radiation or radioactive contamination, unless otherwise provided by the rules established by the present code.
 
Article 249. Losses owing to war or other action by the insurer is not liable for damages arising out of the military, pirate or other actions, as well as confiscation, requisition, seizure or destruction of the ship or cargo by request of the appropriate authorities.
 
Article 250. Modify a risk 1. The insured or other person to whom a contract of marine insurance, shall immediately, as soon as it becomes known, notify the insurer of any material change that occurred with the object of insurance, or in respect of the insured object (overload, change how the carriage of cargo, the port of discharge, the rejection of the vessel from the conditional or habitual route, leaving the ship for overwintering and others).
2. any change that increases the risk, unless caused by the rescue of persons, ships or cargoes or the need to secure the continuation of the voyage, gives the insurer the right to revise the terms of a contract of marine insurance or require payment of an additional premium. If the policyholder does not agree with this contract of marine insurance is terminated from the date of such change.
3. If the policyholder or another person in favor of whom signed a contract of marine insurance, fails to comply with the obligation laid down in the first paragraph of this article, the insurer shall be released from the contract of marine insurance since the substantial changes that occurred with the object of insurance, or in respect of the insured object.
Premium remains fully behind the insurer if the insured or any other person to whom a contract of marine insurance, proves that failure to comply with specified duties was not his fault.
 
Article 251. Prevention or mitigation 1. Upon occurrence of an insured event the insured shall take all the measures in the circumstances to prevent or reduce losses. The policyholder shall immediately notify the insurer about insurance event and follow the instructions of the insurer if such instructions will be given to them.
2. the insurer shall not be liable for damages arising out of the fact that the insured or other person to whom a contract of marine insurance, intentionally or recklessly failed to take measures to prevent or reduce losses.
 
Article 252. Provision of general average contributions by the insurer the insurer shall on demand of the insured or other person in favour of whom a contract of marine insurance, the extent of the sum insured to provide security for payment of contributions on general average, covered the insurance conditions.
 
Article 253. Protection of the interests of the insurer by the insured when drafting adjustment when drafting the general average adjustment covered by conditions of insurance, the insured shall safeguard the interests of the insurer.
 
Article 254. Reimbursement by the insurer of the expenses of the insured person 1. The insurer shall indemnify the insured or other person in favor of whom signed a contract of marine insurance, necessary expenses made for them: 1) prevent or minimize losses, for which the insurer is responsible, even if the measures taken by the insured or other person in favor of whom signed a contract of marine insurance, to prevent or reduce losses, were unsuccessful;
2) implementation guidance of the insurer in accordance with Article 251 of the present code;
3) determine and establish the amount of damages recoverable by the insurer;
4) drafting adjustment of general average.
2. the costs referred to in paragraph 1 of this article shall be reimbursed in proportion to the relation of the sum insured and the insured value.
 
Article 255. The insurer's liability in excess of the insured amount 1. The insurer is liable for damages in the amount of the sum insured, but the costs referred to in article 254 of this code, as well as for inpayments are reimbursed by the insurer, regardless of what they, together with damages to be recovered may exceed the sum insured.

2. the insurer is liable for damages caused by several successive insurance claims, even if the total amount of such losses exceeds the sum insured.
 
Article 256. Loss of vessel missing 1. In case of loss of the vessel, referred to in article 41 of this code, the insurer shall, in the amount of the entire sum insured.
2. Under a contract of marine insurance of the vessel for a period the insurer is responsible for the loss of the vessel, if the latest news about the vessel received before the contract of marine insurance of the vessel and if the insurer proves that the ship died after a specified period of time.
 
Article 257. 1 abandonment. If the property is insured against loss, the insured or other person in favor of whom signed a contract of marine insurance, the insurer may declare to waive their rights to insured property (abandonment) and get the entire sum insured in case of: 1) the loss of the vessel;
2) destruction of the vessel and/or cargo (total actual death);
3) recover or repair uneconomical vessel (complete constructive loss of the vessel);
4) eliminate uneconomical damage to ship or deliver the goods at the port of destination;
5) capture a ship or cargo is insured against such a risk, if the seizure lasts more than six months.
In these cases, the insurer shall pass: a) all rights on the property insured in case of insurance of property at full cost;
b) rights on the share of insured property in proportion to the ratio of the sum insured and the insured value of the property insurance is not in full value.
2. the agreement of the parties, contrary to the rules established by this clause is void.
 
Article 258. Statement of abandone 1. Statement of abandone must be made to the insurer within six months of the expiration or the onset of the circumstances specified in articles 256 and 257 of the present code.
2. on the expiry of the period referred to in paragraph 1 of this article, the insured or other person in favor of whom signed a contract of marine insurance, shall cease to be entitled to abandonment and may claim damages on general grounds.
3. the statement of insurant made abandone or another person in favor of whom signed a contract of marine insurance, should be unconditional and cannot be taken them back.
4. the agreement of the parties, contrary to the rules established by this clause is void.
 
Article 259. Return the insurance indemnity if the vessel is not dead, the insurer may require that the insured or other person to whom a contract of marine insurance, leaving behind a property returned the insurance indemnity we paid, minus the part of the indemnity which corresponds to the actual damage, pričinënnomu to the insured or other person in favor of whom signed a contract of marine insurance.
 
Article 260. Move to the rights of the insured against the insurer or other person in favour of whom a contract of marine insurance, indemnification (subrogation) 1. To the insurer, the insurance indemnity paid goes into the amount of the paid amount of claim which the insured or other person to whom a contract of marine insurance, is the person responsible for the damage caused. This right shall be exercised by the insurer in compliance with the procedures established for the person who received the indemnity.
2. If the policyholder or another person in favor of whom signed a contract of marine insurance, renounced his claim to the person responsible for the damage or it was impossible the exercise of such a right through the fault of the insured or other person in favor of whom signed a contract of marine insurance, the insurer shall be exempt from payment of the insurance indemnity fully or in relevant part.
 
Article 261. The transfer of documents and evidence to the insurer in the cases provided for in articles 257 and 260 of this code, the insured or other person in favor of whom signed a contract of marine insurance, the insurer is obliged to submit all documents and evidence, and report to him all the information necessary for the implementation of the insurer referred to him the rights.
 
Article 262. Effects of damages by third parties in case of damages to the insured or other person in favour of whom a contract of marine insurance, the insurer shall pay to the insured by third parties or another person in favor of whom signed a contract of marine insurance, only the difference between the amount payable in accordance with the terms of the contract of marine insurance and sum received by the insured or other person in favor of whom signed a contract of marine insurance from third parties.
 
SECTION XVII. GENERAL ACCIDENT Article 263. General average and distribution principles 1. General average losses incurred due to recognized deliberately and prudently incurred extraordinary expenses or donations to common security and preservation of the total risk assets involved in General Maritime enterprise, ship, freight and cargo the ship carried.
2. General average admit only those losses that are a direct consequence of the actions specified in paragraph 1 of this article.

3. General average is distributed between the ship, cargo and freight, commensurate with their value at the time and place the end of the common maritime company, determined in accordance with the rules established by article 282 of the criminal code.
4. General Maritime enterprise also occurs if one or more of the vessels is towed or pushing another ship or other vessel, provided they are all engaged in commercial activities, but not in the rescue operation.
The rules in this section apply if: 1) steps are being taken to preserve the ships and their cargoes, if goods are available from the common danger;
2) unless otherwise provided by agreement of the parties, with the exception of rules established by paragraph 1 of this article and articles 286-283 of this code, which may not be changed by agreement of the parties.
The ship is not subject to a common danger, together with other vessel or vessels, if as a result of a simple detach from another ship or other vessel it is safe. If detach is an act of general average, total marine Enterprise continues.
 
Article 264. General accident caused by entering a ship in a place of refuge 1. General accident recognized costs related to the entering of the vessel to the port or place of refuge or the return of the vessel to the port or place of loading of the cargo in case an accident or other emergency circumstance necessitating such call or return for the sake of overall security.
2. If the costs of ship in a place of refuge or return it to the place of loading of the cargo are recognized as General accident, it also includes the costs associated with the release of the vessel from the original cargo or part cargo of such places.
3. The costs of fuel and supplies, salaries and allowances of members of the crew, arising out of or in connection with the renewal of flights due to the vessel to a place of refuge or return it to the place of loading of the cargo in the circumstances specified in paragraph 1 of this article, recognized the general average.
4. The rules established by paragraphs 1-3 of this article shall be applied respectively to the costs of removing the vessel from the places of refuge, which left the ship and where repair is not possible, to another port or other location, including the cost of temporary repairs of the vessel, its towing and elongation of the flight.
 
Article 265. The costs of moving on board a vessel unloading or reverse loading cargo, fuel or supplies 1. General average expenses are recognized on the movement of cargo, fuel or supplies on board the ship or unload their cargo at the place of loading, place of call of the vessel or the vessel's place of refuge, made for the sake of common security in order to be able to fix the damage caused by an accident or other emergency, if they are necessary for the safe continuation of the flight.
The costs of moving cargo on board the vessel, fuel or supplies or unloading not recognised general average, if: 1) costs incurred solely for the purpose of relaying cargo, fuel or supplies, caused by their offset during the flight and held not for the sake of rearranging of common security;
2) identified at the place of loading of the cargo ship need repair caused by his injuries not resulting from any accident or other events during this flight emergencies.
2. the costs of the return shipment or packing of the cargo, fuel or supplies, unloading, or moving when the circumstances referred to in the first subparagraph of paragraph 1 of this article, together with the cost of storage, including insurance, also recognized the general average.
The rules set out in article 267 of this code shall apply to expenditure made by the delay of the ship caused by such a reverse loading or packing of the cargo, fuel or supplies.
 
Article 266. The costs caused by temporary repairs of the vessel temporary repairs of the vessel in place of loading, place of call of the ship or vessel to a place of refuge for the sake of overall security or to eliminate injury, were due to obŝeavarijnyh donations, belong to the general average. Costs of temporary removal of accidental damage, required to complete the voyage, shall be reimbursed at the rate of only those predotvraŝënnyh costs, which would have been classified in general average, if this would not be held.
 
Article 267. The costs caused by the delay of the vessel for the purpose of common security 1. General average expenses are recognized for salary and allowance of the ship caused by delay of the ship at any port or place as a result of an accident or other emergency to General security or to remedy damage caused by such accident or force majeure, if this is necessary for the safe continuation of the flight.
Fuel costs, supplies, as well as port charges incurred during the delay of the vessel, shall be reimbursed in order of general average, except for the costs of clearing, not classified as general average.

2. The rules of paragraph 1 of this article shall not apply to the costs caused by the delay of the ship due to elimination of damages not associated with any accident or otherwise occurring during the flight an extraordinary circumstance. Such costs are not recognized by General accident, even if the damages must be to secure the continuation of the flight.
 
Article 268. Recognition of the ship unfit for swimming or refusal of a ship from continuing their journey in the case of recognition of the ship unfit for swimming or refusal of a ship from continuing voyage of storage costs, insurance, wage of the crew of the vessel and its allowance, fuel, supplies and expenses specified in the second part of article 265 and article 267 of this code, to general average expenses are produced prior to recognition of the ship unfit for swimming or abandoning the voyage to continue either until the end of the unloading of the cargo if the unloading of cargo to that point is not finished.
 
Article 269. General accident caused by spending on rescue 1. Recognized common accident rescue costs incurred by participating in General Maritime company parties, if the rescue was carried out for the purposes specified in the first paragraph of article 263 of this code, irrespective of whether the rescue was carried out under the contract or otherwise.
2. the costs specified in part one of this article shall include remuneration for salvage, in determining which takes into account the skill and efforts of rescuers in preventing or reducing environmental damage Wednesday, referred to in paragraph 2 of part 3 of article 309 of the present code.
Special compensation payable by the shipowner rescuers in the amount stipulated by part 3 of article 310 of the present code is not recognized overall accident.
 
Article 270. General accident, caused by the adoption of measures to save the overall accident if there are signs referred to in article 263 of this code, in particular, recognized losses: 1) caused by throwing cargo overboard, as well as losses caused by a vessel or cargo due to donations for the sake of general security, in particular, due to the penetration of water into the bilge through open cargo hatches, disposal or other made to this hole;
2) caused by a vessel or cargo in relation to fighting the fire on the ship, including losses of these to ejection of ship to shore or flooding the burning ship;
3) caused by a vessel or cargo ship run aground deliberately planting, regardless of whether the vessel could be rendered itself aground;
4) caused by vessel damage to engines and other machinery or boilers vessel when removing the ship afloat;
5) extraordinary expenses related to facilitate refloating the vessel is on through the overloads of cargo, fuel or supplies from ship to lighters, on the reverse of their loading on the vessel and on hiring of lighters, as well as other incurred as a result of this loss.
 
Article 271. The costs incurred by the measures to prevent or mitigate environmental damage Wednesday Costs related to the prevention or reduction of the environmental damage Wednesday relate to general average, if they are produced in one of the following cases or all of the following cases: 1) as part of the operation, which was carried out with a view to overall security, but which, if it had been made by a party outside the General Maritime enterprises, gave the party the right to remuneration for salvation;
2), provided that the vessel is in port or the ship departs from a port or place in the circumstances provided for in article 264 of this code;
3), subject to delays at the port or place in the circumstances provided for in article 264 of this code. If, in fact, leak or discharge of polluting substances from the vessel, the costs caused by necessary in this regard, additional measures to prevent or mitigate environmental damage Wednesday, did not recognize the general average;
4) in connection with the unloading, loading or back to warehousing of the goods, if the costs of these operations are recognized as general average.
 
Article 272. Losses from damage to or loss of cargo, fuel or supplies Losses from damage to or loss of cargo, fuel or supplies, caused by their displacement by vessel, unloading from vessel to vessel and loading-back styling, as well as their storage, recognized a common accident in cases where the costs of these operations are recognized as general average.
 
Article 273. Damages from the loss of freight freight Loss caused by the loss of the cargo accepted general average if the loss is compensated in the distribution of general average. The freight costs are excluded, that in order to obtain it would be made by the shipowner, but due to the donations were not made.
 
Article 274. Replace general average expenses are recognized, any additional costs produced, instead of other expenses that would be classified as general average (replacement costs). Replacement costs are reimbursed only in the amount predotvraŝënnyh expenditure, regardless of the savings made by any of the parties to the general average as a result of such substitute costs.
 
Article 275. Losses not recognized by General accident (private accident)
 

1. losses not subject to signs of general average, installed the first part of article 263 of this code, as well as the losses referred to in paragraph 2 of this article, recognized private accident. Such losses are not subject to distribution between the ship, cargo and freight, and carries them whoever they suffered, or whoever is responsible for causing them.
2. do not admit the common accident even if there is evidence, referred to in the first part of article 263 of this code: 1) released overboard cargo, the goods on board the vessel in violation of the rules and customs of merchant shipping;
2) damages, whether caused in connection with fighting fire on the ship as a result of exposure to smoke or heat;
3) damages caused by obrubaniem the wreckage or parts of the ship, previously demolished or actually lost due to sea hazards;
4) damages caused by rushing the engines or other engines and other machinery or boilers operating vessel afloat;
5) any loss or damage suffered by the ship or cargo due to increased duration of flight (losses from downtime, price changes, etc.).
 
Article 276. Losses from damage to the ship, its machinery or supplies 1. Damages resulting from damage to the ship, its equipment or supplies, components of general average, determined on the basis of the cost of repair, correction or replacement of that got hurt or was lost. In these cases, the discounts "for new instead of the old" in accordance with article 277 of this code.
2. If the repair ship was not made, the losses arising from damage to the ship, determined by the amount by which the value of the ship has decreased as a result of the injury and which, according to the estimates above the cost of the repairs of the damaged vessel.
 
Article 277. Discounts "for new instead of the old" 1. If repairing the ship, whose age is not more than fifteen years, old materials or parts of the ship are being replaced by new, repair costs, attributable to general average in accordance with article 276 of the present Code, reduced by one third of the cost of repair, except for the cases stipulated by parts two-four of this article.
2. discounts "for new instead of the old" are not done with the cost of temporary repairs the ship recognized a common accident in accordance with article 276 of the present Code, as well as the cost of food, supplies, anchors and anchor chains.
3. the costs of the dry dock, slipway and vessel movement caused by the need to repair the ship, completely relate to general average.
4. Recognizes the general average in the amount of fifty percent of the costs of cleaning, painting and coating of the vessel, provided that the previous colouring and finish made in the last twelve months prior to the general average Act.
5. For the application of discounts "for new instead of old age of the ship is calculated from 31 December of the year of the end of its construction until the day of the general average Act. Against exclusion, rescue and other boats, communications, navigational instruments and equipment, machinery and boilers the ship ignored their actual age.
 
Article 278. Losses from destruction of a vessel if the vessel is completely dead or not even died, but the cost of its repair would have exceeded the value of the ship after repair (full constructive loss) losses recognized by General accident, make up the difference between the appraised value of the vessel in nepovreždënnom State, minus her not related to general average cost of removing the estimated damages and the amount of net revenue to be derived from sales order What's left of the ship.
 
Article 279. Losses from destruction or damage of goods 1. Losses from destruction or damage related to general average shall be determined in accordance with the value of the goods at the time of his discharge determined on the basis of the account issued to the recipient in the absence of an invoice based on the value of the goods at the time of shipment.
The value of the goods at the time of unloading it includes insurance and freight costs, unless the freight is not at risk of the merchant.
2. In the case of the sale of damaged goods damages related to general average, make up the difference between the value of the goods in undamaged as determined in accordance with paragraph 1 of this article, and the net proceeds from the sale of the goods.
3. Losses arising from damage to or destruction of items loaded on the ship, without the consent of the shipowner or its agents, as well as damage or destruction of goods, who deliberately put to them with the wrong name, not recognized by the general average. If such property is saved, its owners are obliged to participate on general basis in general average contributions.
The owners of the goods whose value in letting them for transport declared below their actual value, participate in general average contributions in accordance with the actual value of goods, but receive only damages in accordance with the declared value of the goods.
 
Article 280. Funds for costs reimbursed in the distribution of general average 1. For the amount of expenses reimbursed in order of general average, excluding wages and salaries of the crew of the ship, as well as the cost of fuel and supplies, not built in spare vessel during the voyage, are awarded a Commission of two percent, which also belong to the general average.
 

2. General average expenses are produced in order to obtain the necessary funds on obŝeavarijnye costs through collateral vessel, selling goods or credit insurance.
 
Article 281. Interest on the damages recoverable in the distribution of common accident at cost and other amounts reimbursed in order of general average losses accrued seven percent per annum within three months after the date of the adjustment. Due regard being paid to payments made at the expense of the parties involved in the overall coverage of the accident, or for the account of the deposit for reimbursement.
 
Article 282. Kontribucionnaâ property value 1. Total assets (ship, cargo and freight), which sets out the contributions commensurate with losses reimbursed in order of general average (kontribucionnaâ property value) is determined in accordance with the rules laid down in this article, based on the actual net value of the property at the end of the voyage. To that value is added to the amount recoverable in the distribution of general average for donated property, unless the amount is not included in it.
When you define a kontribucionnoj value of assets deducted all additional charges made in respect of the property upon the general average Act, except such expenses, which is recognized as a common accident or to a vessel on the basis of the decision on the payment of special compensation, in accordance with article 310 of the criminal code.
2. Kontribucionnaâ the value of the goods determined at the time of unloading on the basis of the cost determined based on merchant accounts issued to the recipient in the absence of an invoice based on the value of the goods at the time of shipment. The value of the goods includes the cost of insurance and freight, unless freight is not at risk of the merchant. The value of the goods shall be deducted the total amount of all losses from loss or damage to the goods until the unloading or while unloading it.
Kontribucionnaâ the value of the goods sold in the vicinity of the destination is determined based on the amount of the net proceeds from the sale of the goods, plus to it the amount recoverable in the distribution of general average.
3. Kontribucionnaâ the value of the ship is determined without taking into account the fact that the vessel at the time of the general average act under the bareboat charterer or the time charterers.
4. when setting the kontribucionnoj property value of the risk of the shipowner of freight and passenger fares are deducted to obtain manufactured freight and passenger fare costs (including salaries paid to members of the ship's crew) that would not have had to bear if the vessel and cargo would have died under circumstances that caused the general average, and which cannot be attributed to the general average.
5. Baggage of passengers, including their vehicle and accompanied by other personal belongings of passengers carried on the basis of the Bill of lading, shall not be taken into account when determining the kontribucionnoj property value and contributions to cover the damages recoverable in the distribution of general average.
 
Article 283. Drafting adjustment dispašerami 1. On application by the interested parties a common accident is set and an estimate on its distribution (dispaša) is compiled dispašërami.
2. The party claiming General accident, must prove that the alleged losses should really be recognized as general average.
3. a person whose interests may be affected by drafting adjustment, gives dispašëru a statement in writing of the losses or expenses, compensation which it requires, within twelve months from the date of the end of the common maritime enterprise.
If such a statement is not filed or within twelve months after the request for such a statement a person does not submit evidence to substantiate the claimed requirements or data about the value of the property, the dispašër has the right to be dispašu on the basis of the information available to it; When this dispaša can only be challenged on the ground that it is manifestly incorrect.
4. in case when the adjustment issues that require special knowledge to resolve them (in seamanship, shipbuilding, ship repairs, ship and cargo assessment and others), dispašër has the right to prepare a conclusion to his expert. Such a conclusion is evaluated dispašërom along with other evidence.
5. Materials on the basis of which shall be drawn up dispaša should be open and dispašer on demand of the interested persons must provide at their expense to give them certified copies of these materials.
 
Article 284. Preparation fee adjustment for adjustment fee, which is included in dispašu and shall be apportioned between all the interested parties in proportion to their participation shares in General accident.
 
Article 285. Hotfix and contesting adjustment 1. In case you find a bug in the dispaše after its registration in the register of dispaš they can be corrected dispašërom, on its own initiative or on the application of the persons among whom distributed general average, by making additions to the dispaše (addenduma), which is its integral part.

2. persons between whom distributed general average, are entitled to challenge the dispašu in court within a period of six months from the date of receipt of the adjustment or addenduma to it. In this case, these persons are obliged to notify dispašëra by sending him a copy of the statement of claim.
3. Dispašër has the right, and, if necessary, must participate in a dispute about dispaše in court and give an explanation on the merits of the case.
4. The court hearing the dispute on dispaše can leave dispašu in effect, modify it or cancel it and instruct dispašeru compose new dispašu in accordance with the decision of the Court.
 
Article 286. Response to adjustment If dispaša not disputed in accordance with part 2 of article 285 of the present Code, or disputed, but left the Court in effect foreclose on it can be made in the manner prescribed by the legislation of Turkmenistan.
 
SECTION XVIII. DAMAGES ARISING FROM COLLISION of SHIPS Article 287. The scope of application of the rules set forth in this section 1. The provisions of this section apply when a collision at sea or other waters of ships, as well as sea-going and inland navigation vessels.
2. For the purposes of this section to the collision of the vessels are assimilated and also cases where the damages caused by a ship to another ship or persons, goods or other property implementation or non-implementation of maneuver or by failure to comply with the rules of the road, even if this does not happen collisions.
 
Article 288. Circumstances precluding responsibility 1. If the ship collision happened accidentally or due to force majeure or impossible to ascertain the causes of collisions, damages bears the one who suffered.
2. the rule established in the first paragraph of this article is applied and if the Court or one of them at the moment of collision at anchor or were fixed in a different way.
 
Article 289. Wines of one of the vessels in a collision if the ship collision happened through the fault of one of the vessels damages bears the vessel, who caused the collision.
 
Article 290. Wines of two or more vessels in collision 1. If the ship collision happened through the fault of two or more ships, each of them responsible for damages are determined in proportion to the degree of his guilt.
If you cannot install the guilt of each of the courts on the basis of the circumstances of the collision, liability for damages is distributed equally among them.
2. the owners of the vessels responsible for the collision, are jointly and severally liable to third parties for damages caused as a result of death or damage to human health, the owner, had paid an amount greater than it should pay in accordance with paragraph 1 of this article, has the right of recourse to other shipowners.
3. the owners of the vessels responsible for the collision, are responsible for the damages caused to the property of third parties, in accordance with paragraph 1 of this article.
 
Article 291. Responsibility for the collision of ships due to the fault of the pilot responsibility articles 289 and 290 of this code comes and if ship collision happened through the fault of the pilot, even if pilotage was mandatory.
 
Article 292. The presumption of innocence of the courts, none of the involved in the collision of the vessels is not assumed guilty unless proven otherwise.
 
SECTION XIX. LIABILITY FOR DAMAGE CAUSED BY OIL POLLUTION FROM SHIPS. RESPONSIBILITY in connection with the CARRIAGE of hazardous and noxious substances Article 293. Basic concepts related to this section this section establishes that: 1) the oil vessel is any vessel intended or used for the carriage of oil in bulk as cargo;
2) the injured person is a citizen, legal person, State or any component part;
3) owner of the ship is the person registered as the owner of the ship. If a vessel owned and operated by the Organization, which is registered as the owner, the owner of the vessel is such an organization;
4) petroleum (crude oil) are any hydrocarbons, including extracted from natural gas and condensates, distilânty are in the liquid state at normal atmospheric pressure and temperature, including fuel oil, diesel fuel and lubricating oils, regardless of whether they are carried on board a ship as cargo or in the fuel tanks of the vessel;
5) oil pollution damage from ships or marine carriage of hazardous and noxious substances are: a) the damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever escape or discharge may occur, provided that compensation for damage Wednesday, in addition to lost profits as a result of such damage shall be limited to costs of reasonable measures of reinstatement actually taken or to be taken;
b) the costs of preventive measures and caused such measures consequential damages;
in the) death or injury to any person caused by hazardous and noxious substances on the ship, carrying such substances, or outside such vessel;
g) loss of or damage to property caused by hazardous and noxious substances outside the ship carrying such substances.

In this paragraph the words "caused by hazardous and noxious substances» means damage to dangerous or harmful nature of these substances. If you cannot reasonably separate damages caused by hazardous and noxious substances from damage caused as a result of other factors, all such damage shall be considered pričinënnym by hazardous and noxious substances;
6) preventive measures are any measures taken by any person after an incident to prevent or minimize damage;
7) incident is any occurrence or series of occurrences having the same origin, resulting in damage or damage caused by a serious and imminent threat of causing such damage;
8) hazardous and noxious substances are carried on board a ship as cargo, hazardous and noxious substances to human health and the living resources of the sea;
9) carriage by sea of hazardous and noxious substances means the period from the time when the hazardous and noxious substances received in any part of the ship's loading equipment, until they ceased to reside in any part of the ship's equipment unloading. If the ship's equipment is not used, this period begins and ends, respectively, when the hazardous and noxious substances cross the ship's rail.
 
Article 294. Liability of the owner of the ship owner from the date of the incident or if an incident consists of a series of occurrences having the same origin, since the first incident is liable for any damage resulting from pollution from ships oil, caused by the vessel as a result of the incident, or caused by hazardous and noxious substances in connection with maritime transport them on board a vessel, except in the cases provided for in articles 295 and 296 of the present code.
 
Article 295. Release from liability of the shipowner the shipowner is not liable for damage caused by oil pollution from vessels or caused by hazardous and noxious substances, if he proves that: 1) damage is caused as a result of military or hostile action or exceptional, inevitable and irresistible natural phenomenon;
2) damage caused by fully action or inaction of third parties with the intention of causing damage;
3) damage caused by negligence or other completely illegal actions of the persons responsible for the maintenance of lights or other navigational aids in the performance of specified functions;
4) failure by the sender or any other person information on the dangerous and harmful characters loaded on vessel substances fully or partially caused or led to the fact that the owner did not receive insurance in accordance with article 300 of the criminal code. The shipowner may be exonerated from liability for damage under the rules established by this paragraph, provided that neither the owner nor its employees or agents knew or ought reasonably to have been aware of the dangerous and the noxious nature of the substances shipped.
 
Article 296. Intent or gross negligence of the injured person If the shipowner proves that the pollution damage caused by oil or hazardous and noxious substances fully or partially damage caused intentionally or by gross negligence of the injured person, the shipowner may be exonerated wholly or partially from his liability to such person.
 
Article 297. Joint and several liability of the owners of two or more ships 1. In the event of damage from pollution by oil or hazardous and noxious substances as a result of the incident with two or more vessels, owners of these vessels, if the owners are not exempt from liability under articles 295 and 296 of the present Code shall be jointly and severally liable for all damage which may not be exactly split between them.
2. The owners of the vessels involved in the incident were entitled to limitation of liability applicable to each of them in accordance with article 298 of this code.
3. The rules established by this article shall not affect the right of recourse to one of the owners of the vessels of any other owner.
 
Article 298. Limitation of liability of the shipowner the shipowner has the right to limit his liability vis-à-vis one incident total amount calculated as follows: 1) in the case of oil pollution damage from ships: a) 3 million units of account for a ship with a capacity of not more than 5000 tons;
b) for a ship with a capacity of more than 5000 tons to the amount specified in subparagraph "a" paragraph 1 of this article, 420 units added for each subsequent ton capacity, provided that the total amount shall in no case exceed 59.7 million units of account;
2) in the event of damage due to marine carriage of hazardous and noxious substances: a) 10 million units of account for a ship not exceeding 2000 tons;
b) for a ship with a capacity of more than 2000 tons to the amount specified in subparagraph "a" of paragraph 2 of this article, for each subsequent ton capacity is added:-from 2001 to 50000 tons-1.5 thousand units of account;
-over 50000 tons-360 units of account, provided the total amount shall in no case exceed 100 million units.
 
Article 299. Loss of right to limit liability
 

The shipowner loses the right to limit liability under article 298 of this code, if it is proved that the pollution damage caused by oil or hazardous and noxious substances was the result of his own actions (omissions) committed intentionally or by gross negligence.
 
Article 300. Insurance or other financial security responsibility 1. The owner of a ship carrying in bulk as cargo, more than 2000 tons of oil, or actually carrying hazardous and noxious substances should cover their liability for damage under the rules established by this section, to carry out insurance or provide other financial security (guarantee of a bank or other credit institution) to an amount equal to the limit of his liability for damage in accordance with paragraphs 1 and 2 of article 298 of this code.
2. Any amount that is guaranteed by the insurance or other financial security in accordance with paragraph 1 of this article shall be used solely to meet the requirements set forth in this section.
 
Article 301. Certificate of insurance or other financial security liability for damages 1. Certificate of insurance or other financial security liability for oil pollution damage or caused by hazardous and noxious substances (hereinafter certificate) attesting the existence of the insurance or other financial security responsibility with the rules established by this section shall be issued to each ship body its registration if the requirements established by part one of article 300 of the present code are fulfilled.
The certificate shall contain the following information: 1) name of the vessel, its call sign and its port of registry;
2) name and address of the owner of the ship's core activities;
3) vessel identification number assigned by the International Maritime Organization;
4) financial accountability and its duration;
5) name and location of the main activities of the insurer or other person providing financial security responsibility;
6) the period of validity of the certificate, which may not exceed the term of insurance or other financial security responsibility.
2. the certificate shall be drawn up in the official language and must contain a translation into the Russian language.
3. the certificate shall be carried on board the ship and a copy shall be deposited with the Registrar of the ship.
4. the conditions and procedure for issuing inspection certificates referred to in this article shall be determined by regulations approved by the notified body in the field of water transport.
5. a vessel which is owned by the State and in respect of which you are not required to take out insurance or provide other financial security responsibilities, must have a certificate issued by the relevant authority of ship registration and certifying that the vessel is owned by the State and State liability for oil pollution damage from ships or in connection with the carriage of hazardous and noxious substances is provided within, which are determined in accordance with paragraphs 1 and 2 of article 298 of this code.
6. The vessel to which the provisions of this section, it shall be prohibited to conduct business, if it does not have a certificate, issued in accordance with paragraph 1 or 5 of this article.
 
Article 302. Fund of limitation of liability 1. In order to limit its liability for damage caused by oil pollution from ships, or in connection with the carriage of hazardous and noxious substances by sea, in accordance with article 298 of this code, the owner of the vessel shall establish a fund to limit liability for a total amount equal to the limit of his liability with the Court or arbitral tribunal, in which it sued for damages, or, if such an action is not brought in court or arbitration court in which an action may be brought. Such a fund could be established by depositing the sum the Court or arbitral tribunal or provide a bank guarantee or other financial security in accordance with the procedure determined by the legislation of Turkmenistan, and recognized by the Court or arbitral tribunal sufficient.
2. Costs and donations as long as they are reasonable and incurred by the owner of the vessel voluntarily to prevent or reduce damage, give him such rights with respect to the limitation of the liability of the Fund which have other lenders.
3. An insurer or other financial guarantor a person has the right to establish a fund to limit liability in accordance with this article, on such terms and for such values as if the Fund was created by the owner of the vessel. Such a fund may be constituted even if, in accordance with article 299 of the present Code, the owner of the ship could not limit his liability. The creation of such a fund does not affect the rights of the victims in this case in relation to the owner.
4. limitation of liability of the Fund, created in accordance with paragraph 1 of this article, subject to the rules on the allocation of Fund to the limitation of liability set out in Article 329 of the present code.

5. Demands redress for injury caused to life or health of any person in connection with the carriage of hazardous and noxious substances, are subject to preferential satisfaction over other requirements to the extent that the aggregate amount of such claims shall not exceed the total amount determined in paragraph 2 of article 298 of this code.
6. If the owner of the vessel after the incident has created a fund to limit liability in accordance with this article and has the right to limitation of liability: 1) No person claiming compensation for damage caused as a result of this incident, has no right to satisfaction of such requirements at the expense of any other property owner;
2), the Court or the arbitral tribunal shall issue an order for the release of the vessel or other owner-owned property seized to demand compensation for the damage caused this incident, and also frees any bail or other security provided to prevent such arrest.
The rules established by this part shall apply if the person claiming compensation for damage shall have the right to protection in a court or arbitral tribunal, which shall dispose of the liability limits and fund this Fund can really be used to satisfy the requirements of such a person.
 
Article 303. Claim for damages 1. Action for compensation for oil pollution damage from ships or caused in connection with the carriage of hazardous and noxious substances to owner or directly to the insurer or other person providing financial security for the liability of the owner for damages may be brought, in accordance with the legislation of Turkmenistan.
2. If a claim is brought directly against the insurer or other person providing financial security responsibility for damages, the defendant may avail itself of the limitation of liability in accordance with paragraphs 1 and 2 of article 298 of this code, even if the shipowner is not entitled to limit liability in accordance with article 299 of the criminal code.
The defendant may also submit those objections, which could refer to himself the owner of a vessel, except for references to bankruptcy or liquidation. In addition, the defendant can take to protect themselves so objections that damage deliberately damage caused by themselves owner of the ship and the respondent cannot use any other remedy to which the respondent is entitled to invoke in the case of excited against him owner of the ship. The defendant has the right in all cases require that the owner of the ship has been brought to participate in the case as a co-defendant.
3. subject to compliance with part 4 of this article, an action for damages from oil pollution from vessels or caused in connection with the carriage of hazardous and noxious substances on the basis of the rules established by this section, or otherwise cannot be instituted to: 1) employees, including members of the crew of the vessel, or the owner of the ship agents;
2) the pilot or any other person who, without being a member of the crew, performs work on the vessel;
3) any charterer and the asset manager;
4) any person conducting salvage operations with the consent of the owner of the ship or on the instructions of the respective organizations;
5) any person who took precautionary measures;
6) employees or agents of persons mentioned in paragraphs 3-5 of this part, if the damage is not the result of their own actions (inaction) committed intentionally or by gross negligence.
4. The rules established by this section shall not affect the right of recourse of the owner of the ship to a third party.
 
SECTION XX. RESCUE SHIPS and other assets, article 304. Basic concepts related to this section for the purposes of this section: 1) rescue operation is any activity or any activity undertaken to assist a vessel or any other property in danger in navigable waters or otherwise of any kind;
2) property is not permanently and intentionally attached to the coast property and freight at risk;
3) environmental damage Wednesday is a significant harm caused to human health or the marine flora and fauna, or resources in coastal waters, internal waters or in the surrounding areas of contamination, fire, explosion or other similar major incidents.
 
Article 305. The scope of application of the rules set forth in this section 1. The rules in this section apply to any rescue operations if the rescue Treaty expressly or impliedly provides otherwise.
The parties may not exclude the application of a treaty, its article 307 of this code, as well as withdraw from the obligation to prevent or mitigate environmental damage Wednesday, stipulated by article 308 of this code.
2. The rules established by this section, with the exception of rules established by part one of article 312 of the present Code shall also apply to: 1) warships, naval auxiliaries and other ships owned or operated by Turkmenistan and used at the time of rescue operations only on Government non-commercial service;
2) non-commercial goods that are owned by the State.

3. The rules established by this section shall not apply to: 1) fixed or floating platforms or mobile offshore drilling units, if such platform or installation in their locations carry out exploration, development or extraction of mineral resources of the seabed;
2) marine cultural property has prehistoric, archaeological or historical value if it is at the bottom of the sea.
 
Article 306. Contracts on salvage 1. The master of a ship has the right to enter into contracts on the rescue for the implementation of the rescue operations on behalf of the shipowner.
2. The master of the vessel or the shipowner has the right to conclude such agreements on behalf of the owner of the property located on board the ship.
 
Article 307. Invalidity of treaties. Changing the treaties the Treaty or any of its terms may be invalidated or changed if: 1) contract signed under excessive exposure or under the influence of danger and its terms are unfair;
2) the fee provided for in the Treaty, too overstated or understated relative to the actual rendered services.
 
Article 308. Duties of the salvor, the shipowner and master of the ship 1. Towards the owner threatened the owner of the vessel or other property threatened rescuer must: 1) to the rescue with due responsibility.
2) take measures to prevent or mitigate environmental damage Wednesday;
3) seek the assistance of other salvors when required by the relevant circumstances;
4) agree on the participation of other rescue workers when it reasonably requires the captain of a person at risk of the vessel or its owner, or the owner is in danger of another property, provided this does not affect the amount of remuneration paid to the rescuer and would recognize that such a requirement unreasonable.
2. In relation to the lifeguard captain is in danger of the vessel and its owner or owner is in danger of other assets are obliged to: 1) to cooperate fully with him during rescue operations;
2) when performing the duties under paragraph 1 of this part to exercise due care on the prevention or reduction of the environmental damage Wednesday;
3) take the vessel or other property after it is delivered in a safe place, if it reasonably requires the rescuer.
 
Article 309. The conditions and criteria of remuneration 1. Rescue operations had a positive result, give the right to remuneration.
2. Any payment in accordance with the rules laid down in this section shall be payable if the rescue operation had no positive result, except in the case provided for in article 310 of the criminal code.
3. compensation shall be established in order to encourage rescue operations taking into account the following criteria, regardless of the sequence in which they appear: 1) saved value of the vessel and other property;
2) the skill and efforts of rescuers in preventing or reducing environmental damage Wednesday;
3) the degree of success achieved by the lifeguards;
4) the nature and degree of risk;
5) skill and efforts of the rescuers in the rescue of people, ships and other property;
6) elapsed time lifeguards and costs incurred and losses;
7) risk of liability and other risks suffered by rescuers or their equipment;
8) speed of service delivery;
9) the availability and use of vessels or other equipment designed for rescue operations;
 
10) State of readiness of the equipment of a rescuer, efficiency and costs of such equipment.
4. remuneration established in accordance with paragraph 3 of this article, shall be payable by all persons interested in the vessel and other property, in proportion to the saved value of the vessel and other property.
5. remuneration, except for any interest and refunds of judicial and arbitral costs that may be payable in connection with the compensation shall not exceed the cost of saving the ship and other property.
6. the Court of Justice, an arbitral tribunal or the arbitral tribunal is not obliged to remunerate according to the rules of the present article in the amount of maximum spasënnoj value of the vessel and other property to determine the special compensation payable in accordance with article 310 of the criminal code.
 
Article 310. Special compensation 1. If the lifeguard carried out rescue operations with respect to a vessel which itself or its cargo threatened damage to the environment Wednesday, and failed to earn a reward in accordance with parts of third-sixth article 309 of this code, he has the right to obtain from the owner of such vessel, special compensation equal to the reasonable expenses actually lifeguard as defined in section 3 of this article.

2. If, in the circumstances provided for in paragraph 1 of this article, the rescuer to prevent or mitigate environmental damage Wednesday as a result of its rescue operation, the special compensation payable to the owner in accordance with paragraph 1 of this article rescuers, may be increased to a maximum of thirty percent of incurred costs. Court, arbitral tribunal or the arbitral tribunal may, taking into account relevant criteria set forth in part three of article 309 of the present Code, to increase such special compensation, however, the overall increase may not exceed one hundred percent of incurred cost saver.
3. for the purposes of parts one and two of this article rescuer costs are the actual costs reasonably incurred in carrying out the rescue operation Lifesaver, and fair payment for equipment and staff effectively and prudently used during the rescue operation taking into account the criteria set forth in paragraphs 8-10 of part 3 of article 309 of the present code.
4. Total special compensation paid in accordance with this article only in that case and in such amounts, in which such compensation is greater than any remuneration that may be received by the lifeguard in accordance with parts third-sixth article 309 of the present code.
5. If the rescuer was negligent and therefore was unable to prevent or reduce the damage Wednesday, he may be totally or partially deprived of special compensation due in accordance with this article.
6. The rules established by this article shall not affect the right of recourse of the owner of the vessel to third parties.
 
Article 311. The distribution of rewards among lifeguards Distribution of remuneration specified in accordance with parts a third-sixth article 309 of this code between lifeguards conducted taking into account the criteria laid down in the said article.
 
Article 312. The distribution of remuneration between the shipowner and the crew of the ship 1. Distribution between the shipowner and the crew of the vessel any rewards earned for carrying out rescue operation in accordance with the rules laid down in this section shall be carried out after the deduction of costs incurred by the shipowner and the crew of the vessel in relation to the implementation of the rescue operation, as follows: 1) three fifths of net remuneration due to the shipowner, two-fifths of net remuneration shall be distributed among the members of a ship's crew;
2) due to crew members in accordance with paragraph 1 of this article shall be apportioned between them, taking into account the efforts demonstrated in carrying out the rescue operation, and wages each.
An exception from the rules of distribution of remuneration established by paragraphs 1 and 2 of this article may be allowed only in special circumstances.
2. The rules established by paragraph 1 of this article shall not apply to the distribution of remuneration earned during the implementation of the rescue vessels for which such operations are professional activities.
 
Article 313. Rescue of persons 1. From the rescued people any remuneration is not required.
2. The rescuers of people who participated in the provision of services in connection with the incident that caused the need for rescue, are entitled to a fair share of the amount awarded to rescuers for the salvage of the vessel or other property either preventing or reducing environmental damage Wednesday.
 
Article 314. Consequences of misconduct rescuer a rescuer may be totally or partially deprived of remuneration or special compensation if it's his fault caused the need to rescue or has made progress in the rescue operation or he is guilty of fraud, embezzlement and other wrongdoing.
 
Article 315. Services during the execution of the agreement any fee in accordance with the rules laid down in this section shall be payable unless the services provided do not exceed what may reasonably be regarded as due performance of a contract, signed before the danger.
 
Article 316. Prohibition of rescue services rendered contrary to the rightful owner's ban and directly threatened the ship or its captain or owner is in danger of any other property that is not and was not aboard the ship, does not give the right to equitable remuneration.
 
Article 317. Vessels belonging to the same owner rules established parts of third-sixth articles 309 and 310-316 of this Code apply if the rescued ship and carrying out rescue ship belonging to the same owner.
 
Article 318. The obligation to provide security 1 lifeguard. At the request of the salvor, the person responsible for the payment of remuneration or compensation in accordance with the rules established by this section provides appropriate security requirements of a rescuer, including interest and judicial or arbitration costs.
2. Regardless of the rule set forth in the first paragraph of this article, the owner of the spasënnogo vessel must make use of all opportunities to ensure that the owners of the cargo before the cargo will be issued, appropriate security requirements, including interest and court or arbitration costs.

3. without the agreement of the lifeguard saved the ship and other property cannot be moved from the port or place in which such vessel and the property originally delivered after completion of rescue operations, until it is granted the appropriate security requirements the rescuer to the corresponding vessel or property.
 
Article 319. Interim payment 1. Court, arbitral tribunal or the arbitral tribunal may by means of an interim solution to agree on payment of such sum in advance rescuers, which seems fair and reasonable, and on such terms (including, if necessary, on the conditions of the claim) that are fair and reasonable in the circumstances of the particular case.
2. In the case of an interim payment, produced in accordance with this article, providing lifeguard requirements provided in article 318 of this code correspondingly reduced.
 
Article 320. Participation of State bodies and public organizations in rescue operations the rules established in this section can also be applied in carrying out rescue operations by the public authorities or under their control, as well as public organizations, if the rescue is not their responsibility.
 
SECTION XXI. LIMITATION OF LIABILITY for MARITIME CLAIMS, Article 321. Persons entitled to limit liability for maritime claims 1. Liability of the shipowner and the rescuer is limited by the requirements set forth in article 322 of this code. When the lifeguard is any person who provides services for rescue operations, including the operations specified in paragraph 4 of the first paragraph of article 322 of the criminal code.
2. If any of the requirements referred to in article 322 of this code, a person charged for actions (inaction) of whom are responsible persons referred to in paragraph 1 of this article, the person has the right to limitation of liability in accordance with the rules established by this section.
3. the insurer liability for claims under article 322 of this code, shall be entitled to limit liability in accordance with the rules established by this section in the same way that a person whose liability is insured.
4. Action aimed at limitation of liability does not mean acceptance of responsibility.
 
Article 322. Requirements for which liability may be limited to 1. Provided subject to compliance with the rules established by article 323 of the present Code, limitation of liability, regardless of the grounds of liability, applies to requirements: 1) related to the impairment of health or death is on a ship or damage pričinënnym under the boat to the property, including in connection with damage to port facilities, water pools, waterways and navigational tools or in direct connection with the operation of the ship or salvage operations as well as compensation for any damage suffered as a result of this eventual damage;
2) compensation for damage caused by delay of delivery of maritime cargo, passengers and their baggage;
3) reimbursement of other damage, caused as a result of infringement of rights arising from the contract, in direct connection with the operation of the ship or salvage operations;
4) persons other than the person responsible for the damages caused by the measures taken by them to prevent or reduce damage in respect of which the person responsible for damage may limit his liability in accordance with the rules laid down in this section and caused such measures consequential damages.
2. limitation of liability would fall under the requirements of paragraph 1 of this article, if even they made regress or based on a warranty, arising out of this agreement or otherwise. Requirements referred to in paragraph 4 of the first paragraph of this article shall not be subject to limitation of liability to the extent that they relate to remuneration under the agreement, signed by the person responsible for the damage.
3. The person responsible for the damage is not entitled to limit liability if it is proved that the damage resulted from his personal Act (inaction) committed intentionally or by gross negligence.
 
Article 323. Limitation of liability exclusions rules established by this section do not apply to requirements: 1) remuneration for carrying out rescue operations, including the payment of special compensation, in accordance with article 310 of the present Code, or general average contribution;
2) damages from oil pollution from vessels or associated with the carriage of hazardous and noxious substances, as defined in paragraph 5 of article 293 of the present code;
3) compensation for nuclear damage;
4) in connection with recovery, removal or destruction of the wreck, including anything that is or has been on board such ship;
5) in connection with the removal, destruction or the rendering harmless of the cargo of a vessel;

6) reparation for the injury caused to life, health or property of a shipowner or salvor workers whose duties relate to the ship or with salvage operations, as well as the heirs to these workers, persons who were dependent or eligible content from them, if the employment contract signed between shipowner or lifeguard and such workers, the legislation of Turkmenistan;
7) compensation for harm caused to life or health of the passengers of the ship, if the ship owner and passenger are legal persons or citizens of Turkmenistan;
8) reparation for the injury caused to life, health or property of a citizen in direct connection with the operation of the ship or with salvage operations, in cases where the shipowner and citizen or rescuer and citizen are legal persons or citizens of Turkmenistan.
 
Article 324. Counterclaim If a person entitled to limitation of liability claims arising from the same incident a counterclaim to the person presenting it to a claim, the amount of mutual claims are subject to score, and the rules established by this section shall apply only to the remainder, if it is formed.
 
Article 325. General limitation of liability 1. Limits of liability for other requirements referred to in article 326 of the present Code, and arising out of the same accident shall be calculated: 1) on requirements for compensation of damage caused to human life and health: a) 2 million units of account for a ship not exceeding 2000 tons;
b) for a ship with a capacity of more than 2000 tons to the amount specified in subparagraph "a" of this paragraph for each subsequent ton capacity is added:-from 2001 up to 30000 tons-800 units of account;
-from 30001 to 70000 tons-600 units of account;
more than 70000 tonnes-400 units of account;
2) on any other requirements: a) 1 million units of account for a ship not exceeding 2000 tons;
b) for a ship with a capacity of more than 2000 tons to the amount specified in subparagraph "a" of this paragraph for each subsequent ton capacity is added:-from 2001 up to 30000 tons-400 units of account;
-from 30001 to 70000 tons-300 units of account;
more than 70000 tonnes-200 units.
2. If the amount calculated according to the requirements of the compensation of damage caused to the life or health of the citizen, in accordance with paragraph 1 of this article, is insufficient to fully pay for such requirements, for payment of the unpaid amount of reparation demands caused to the life or health of a person, used the amount calculated on any other requirements in accordance with paragraph 2 of this article, which is granted on a pro rata basis among other requirements.
3. If the rescuer is not a vessel or a vessel exclusively to whom or in respect of which the rescuer renders services for the salvage, the salvor's limit of liability is calculated on the basis of tonnage in 2000 tons.
4. Limit of liability for the vessel with a capacity of less than 300 tons is calculated according to the requirements of paragraph 2 of this article, in an amount equal to one-sixth the liability limit set for a ship not exceeding 2000 tons.
 
Article 326. Limit of liability according to the requirements of passengers 1. According to the requirements of compensation caused to the life or health of the occupants of the vessel arising from the same incident, the limit of liability is the amount of 175 thousand units of account multiplied by the number of passengers which the ship is permitted to carry a passenger in accordance with the evidence.
2. According to the rules of this article demands redress for injury caused to life or health of the occupants of the vessel are claims submitted by or on behalf of any person carried in such ship: 1) under a contract of carriage of passengers;
2) c consent the carrier to accompany the vehicles or animals whose carriage is carried out under the contract of carriage of goods.
 
Article 327. Association requirements 1. The limits of liability established in accordance with article 325 of the present Code shall apply to the aggregate of all claims which arise from the same incident to: 1) the shipowner or any person for action (inaction), which is the responsibility of the shipowner;
2) shipowner, rescue services provider with this ship, rescuers (rescue workers), operating from such ship and any person for the action (inaction), which is the responsibility of the shipowner or the lifeguard (lifeguard);
3) rescuers (rescue workers), the current does not ship or vessel, purely on which rescue services, as well as the person behind the action (inaction), which is the responsibility of the lifeguard (lifeguard).
2. The limits of liability established under section 326 of the present Code shall apply to the aggregate of all claims which arise from the same incident, the ship owner, as well as the person behind the action (inaction) of which the shipowner is responsible.
 
Article 328. The establishment of a Fund for limitation of liability 1. A person can be held responsible is entitled to establish a fund to limit liability in court or in Arbitration Court in which it sued on demand, on which that person's liability may be limited.

2. The amount of the Fund to be created to the limitation of liability shall be calculated in accordance with articles 325 and 326 of the present Code, together with interest on this amount from the date of the incident giving rise to the liability, up to the date of creation of such a Fund.
3. limitation of liability Fund is created only for the payment of claims for which liability may be limited.
4. limitation of liability Fund can be created by depositing the sum specified in part two of this article, deposit a court or arbitral tribunal or provide a bank guarantee or other form of financial security, recognized by the Court or arbitral tribunal sufficient in accordance with the legislation of Turkmenistan.
5. If several shipowners or lifeguards are entitled to limit liability for claims that might arise from one and the same accident, the limitation fund created by one of these individuals is considered to be created by all the shipowners or lifeguards.
 
Article 329. Distribution of Fund limitations of liability 1. Only a court or arbitral tribunal, in which it established the Fund of limitation of liability, has the right to decide issues of its distribution.
2. limitation of liability Fund shall be distributed among the persons having claims in proportion to the amounts established requirements of such persons to the Fund.
3. If before the Fund allocation limitations on the liability of the person responsible on demand, or his insurer paid compensation for the Fund requirement, that person acquires within the paid sums in the order of the subrogation right, which would be a person who has received compensation under the rules established by this section.
 
Article 330. Limitation of liability without education fund shipowner and rescuer is entitled to limit his liability in accordance with the rules established by this section, without the limitation of the liability of the Fund provided for in article 328 of the criminal code. In this case, the rules shall apply accordingly Article 329 of the present code.
 
Article 331. Obstacles for other claims 1. In the case of the establishment of the Fund, the limitation of the liability of any person claiming damages, does not have the right to satisfaction of such requirements at the expense of any other property of the person or persons who created such a Fund. While the vessel or other property belonging to a specified person or persons and arrested for claims that may be brought against the Fund or provision granted shall be released by order of a court or arbitral tribunal, in which the Fund is established to the limitation of liability.
2. Rule established this article applies when a person who has a claim, it may present a claim to the Fund of limitation of liability to the Court or the arbitral tribunal, which shall dispose of such a Fund, and the Fund can really be used to meet this requirement.
 
Article 332. The scope of application of the rules set forth in this section 1. The rules established by this section shall apply to: 1) vessels owned or operated by Turkmenistan and used at the time of the requirement only on Government non-commercial service, except a warship, naval auxiliary vessels and ships of the border;
2) ships built or adapted for drilling operations, and carrying out such work.
2. The rules established by this section shall not apply to: 1) hovercraft;
2) floating platforms intended for the exploration and exploitation of mineral and other mineral resources on the seabed or the subsoil thereof.
 
SECTION XXII. MARITIME LIEN ON THE VESSEL. MORTGAGE of the SHIP or SHIP UNDER CONSTRUCTION CHAPTER 1. MARITIME LIEN on the SHIP Article 333. Requirements come into service a maritime lien on the vessel 1. Requirements for the shipowner is provided by a maritime lien on the vessel regarding: 1) wages and other sums due to the master, and the other members of the crew for their work on board the vessel, including costs of repatriation and social insurance contributions payable on behalf of the ship's captain and other crew members;
2) compensation for harm caused to life, health, citizen, whether on land or on water, it is directly connected with the operation of the ship;
3) reward for the salvage of the vessel;
4) paying port charges stipulated by the given code, as well as fees on other waterways;
5) compensation of actual damage caused during the operation of the vessel as a result of the loss of or damage to other property than carried by ship cargo, containers and passengers ' belongings.
2. Are not provided with a maritime lien on the vessel, the requirements of paragraphs 2 and 5 of the first paragraph of this article, if such claims arise in connection with: 1) damage from pollution from ships oil or damage in connection with the carriage of hazardous and noxious substances by sea, in accordance with the rules established by the present Code, section XIX;
2) exposure to radioactive properties of nuclear fuel or radioactive products or waste, and the impact of their radioactive properties in conjunction with their other hazardous properties.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 334. Preferential satisfaction of claims secured by a maritime lien on the vessel
 

Claims arising from obligations secured by a maritime lien on the ship in accordance with part one of article 333 of this code shall be subject to preferential satisfaction before all other requirements, in addition to the requirements under part 3 of article 352 of the present code.
 
Article 335. Order of satisfaction of claims secured by a maritime lien on the vessel 1. Claims secured by a maritime lien on the ship in accordance with part one of article 333 of this code are on the queue, as they appear in the specified part.
Reward for the salvage of the vessel requirements are met before all other secured by a maritime lien requirements arising before rescue operations were carried out, giving the right to a maritime lien on the vessel.
2. Claims with maritime lien on the vessel in accordance with paragraphs 1, 2, 4 and 5 of the first paragraph of article 333 of this code are met within each queue is proportional to the size of requirements.
3. reward for the salvage of the vessel Requirements, secured by a maritime lien on the vessel, in accordance with paragraph 3 of article 333 of this code shall be subject to the satisfaction within the queue in the order of their time of occurrence of such requirements. Requirement is raised at the end of the rescue operation.
 
Article 336. Feature of a maritime lien on the vessel except forced sale the vessel maritime lien on the vessel continues to encumber a ship regardless of the transition of ownership of the vessel, changing its registration or reflagging.
 
Article 337. Termination of a maritime lien on the vessel 1. Maritime lien on the vessel shall be terminated upon the expiry of one year from the date of occurrence of the secured by a maritime lien on the vessel requirements stipulated by part one of article 333 of this code, if before the expiry of the specified period the vessel became the subject of arrest, leading to his forced sale.
2. The period prescribed in the first paragraph of this article shall be calculated: 1) claims secured by a maritime lien on the vessel, in accordance with paragraph 1 of article 333 of this code, since the dismissal from the ship crew member who filed such a claim;
2) claims secured by a maritime lien on the vessel in accordance with paragraphs 2 and 5 of the first paragraph of article 333 of this code-from the time when such a requirement.
3. For specified term shall be suspended for the period in which the arrest is not allowed in accordance with the legislation of Turkmenistan.
 
Article 338. Assignment or transfer of requirements 1. Since the assignment or transfer of claims secured by a maritime lien on the vessel, there comes the time of the assignment or transfer of the right of a maritime lien on the vessel.
2. it is not allowed to move to the person entitled to a maritime lien on the vessel, demands compensation for harm caused to life or health of the citizen, and demands the payment of insurance indemnity due to the owner under the contract of marine insurance.
 
 Article 339. The right of retention of the ship or ship under construction 1. In order to secure claims arising in connection with the construction, as well as the repair or reconstruction of the ship, shipbuilding and ship-repair Organization (contractor) have the right to retain such vessel at a time when the vessel is in the possession of these organizations.
2. the lien of a vessel referred to in paragraph 1 of this article, stops at the moment of drop-ship of the shipbuilding or ship repair Organization (contractor), unless this is not the result of his arrest.
3. When the forced sale of the ship or ship under construction shipbuilding and ship-repair Organization (contractor) have the right to satisfy their requirements due to the amount of the proceeds from the sale of such a ship in accordance with part four article 352 of the present code.
 
CHAPTER 2. MORTGAGE of the SHIP or SHIP UNDER CONSTRUCTION Article 340. Establishment of mortgage of the ship or ship under construction 1. Mortgage of the ship or ship under construction is set to provide a monetary obligation by the conclusion of the contract between the owner of the ship or ship under construction (pledgor) and a lender (mortgagee) followed by its registration in accordance with articles 342 and 343 of this code.
2. the pledgor of the mortgage of the ship or ship under construction may be with the consent of the owner of the vessel, the person having the right of economic management.
 
Article 341. Mortgage of the ship or ship under construction 1. Unless otherwise provided by contract, the vessel mortgage applies to supplies ship owned by the same owner as the ship, as well as to indemnity under a contract of marine insurance of the vessel on the conditions of liability for loss and damage to the vessel.
2. The mortgage of a ship shall not apply to freight.
3. Unless otherwise provided by contract, the mortgage of the ship under construction extends to materials and equipment intended for its construction and are in the location of construction organization and clearly identified by marking or otherwise, as well as to indemnity under a contract of marine insurance new shipbuilding on the conditions of liability for loss and damage of the vessel under construction.

4. If the subject of the mortgage are two or more ships or ships under construction, each of them individually or all together in the absence of agreement on the amount of the obligation each vessel separately serve as collateral in full size.
 
Article 342. Registration of mortgage of the ship or ship under construction 1. Ship mortgage registered in the same register, in which the vessel is registered.
2. Mortgage on a foreign vessel, which temporarily for a specified period given the right navigation under the State flag of Turkmenistan in accordance with paragraph 4 of article 12 of this code, may not be registered in Turkmenistan.
3. Mortgage new shipbuilding is registered in the register of ships under construction, in which the registered ownership of the vessel under construction.
Ownership of the building, the vessel may be registered in the register of ships subject to bookmark Carinae or holding confirmed the expert conclusion equivalent construction. During registration of ownership of building the vessel issued a corresponding certificate.
 
Article 343. Procedure for registration of mortgage of the ship or ship under construction 1. Mortgage of the ship or ship under construction is recorded based on the application of the mortgagor after the registration of the ownership of the ship or ship under construction.
2. in the statement by the pledgor for registration of mortgage of the ship or ship under construction must be specified: 1) data identifying a vessel (ship name, port, or its place of incorporation, register number, type, and class, deadweight) or vessel under construction (the place of construction of the ship, postroečnyj number, type of vessel, the length of the keel and other basic measurements, register number);
2) the name and address of the mortgagor mortgages;
3) the name and address of the mortgagee the mortgage or the information that it is installed on the bearer;
4) maximum size of obligation provided with mortgage, when establishing the mortgage on two or more ships or ships under construction size in which commitments are provided by each vessel separately in the presence of the agreement to the parties;
5) end date of the mortgage of the ship or ship under construction.
The statement of the pledgor for registration of mortgage of the ship or ship under construction is attached the agreement on mortgage of the ship or ship under construction with the specified in this contract documents, certified by a notary.
3. For the purposes of the registration of the mortgage of the ship or ship under construction is carried out legal examination of documents, necessary for registration of the mortgage.
Registration authority mortgage of the ship or ship under construction has the right to refuse its registration, if the contract of mortgage of the ship or ship under construction or to be attached to such a treaty documents do not meet the requirements for registration of mortgage of the ship or ship under construction.
4. Mortgage of the ship or ship under construction is registered on the day of receipt of the application for registration.
The State of the ship's registry, ship book or register of ships containing all the information specified in the application for registration in accordance with part 2 of this article.
Registration authority mortgage of the ship or ship under construction to the pledgor and the pledgee shall issue a certificate of registration of the mortgage of the ship or ship under construction sample established by the authorized body in the sphere of water transport, in accordance with the records contained in the public register of ships, ship book or register vessels under construction.
5. Fee for the registration of mortgage of the ship or ship under construction and the provision of information in accordance with part six of this article are established by the Cabinet of Ministers of Turkmenistan.
6. the national ship register, ship book or register vessels under construction, in which registered mortgage of the ship or ship under construction, and the documents to be transferred to the registration authority, are open, and the person concerned has the right to obtain extracts from them and copies of such documents.
7. when registering the mortgage of the ship is not required to make any record of this in the ship's papers.
 
Article 344. Protection of interests of the pledgee of the mortgage of the ship or ship under construction, it is anticipated that mortgage registered in the State Register of ships, ship book or register vessels under construction, really established in favour of the person in whose favour such a mortgage actually registered, and all entries in the State Register of ships, ship's book and register of ships are valid, if not registered otherwise.
 
Article 345. Priority claims deriving from the obligations secured by mortgage of the ship or ship under construction 1. Claims arising from obligations secured by registered mortgage of the ship, subject to preferential satisfaction before all other requirements, in addition to the requirements set forth in the first part of article 333 and parts III and IV of article 352 of the present code.
2. no requirements are subject to preferential satisfaction before the requirements deriving from the obligations secured by registered mortgage of the ship under construction, in addition to the requirements set forth in paragraph four of article 352 of the present code.
 
Article 346. Prioritize requirements arising from obligations secured by mortgage of the ship or ship under construction, between a
 

1. If two or more mortgages registered on the same ship or ship under construction, the order of satisfaction of claims arising from mortgage-backed obligations among themselves is determined by the date of their registration. Mortgage registered earlier has priority over the mortgage registered later. Mortgages registered in one day, have the same effect.
2. paragraph 1 of this article the sequence satisfying the requirements arising from obligations secured by mortgage of the ship or ship under construction, may be changed by agreement of the pledgor and the pledgee. This agreement is subject to registration in the State Register of ships, ship book or register vessels under construction.
 
Article 347. Assignment of rights under a contract of mortgage of the ship or ship under construction 1. The pledgee has the right to cede the mortgage of the ship or ship under construction to another person only together with the secured its cash commitment. The assignment of one without the other is not allowed.
2. When carrying out an assignment of the mortgage of the ship or ship under construction in the ship register State, ship book or register vessels under construction, where the mortgage is registered, it is write about the date of the assignment and the name and address of the person to whom an assignment is made.
 
Article 348. Saving the ship or ship under construction provided with hypothec 1. The pledgor shall take appropriate measures for the preservation and maintenance of the ship or ship under construction, secured by a mortgage.
2. If failure to comply with this obligation leads to a significant depreciation of the ship or ship under construction, the mortgagee has the right to forcibly implement the mortgage of the ship or ship under construction, even if the term of fulfillment of obligations not to come.
 
Article 349. The transfer of ownership of a vessel or a ship under construction or change of registration 1. Except for the forced sale of a ship or ship under construction in accordance with articles 351 and 352 of the present Code, in all other cases entailing the exclusion of vessel from the public registry of the ship or ship books or ownership of a ship under construction from the register of ships, registration authority does not have the right to exclude a ship or ownership of the vessel under construction of appropriate registries, unless all registered mortgages ship or ship under construction is not satisfied or is not obtained the consent of all mortgagees in writing.
2. If the exception from the State of registry of the ship vessel or ship books or ownership of a ship under construction from the register of ships under construction is required, except in cases of voluntary sale, the registration authority shall give notice of the coming chargeholders the exception of the ship or ownership of a ship under construction from the respective registries to mortgagees have adopted appropriate measures to protect their interests. In case of the absence of their consent or ownership of the vessel under construction is excluded from the relevant registers after a reasonable period, but not less than three months after notification of the mortgagees.
 
Article 350. Founding of the forced sale of a ship or ship under construction and the sales order if the mortgagor fails to comply with the obligation to pay the debt, mortgages burdened vessel or vessel under construction may be sold on the basis of a court decision on the location of the arrested ship or ship under construction.
 
Article 351. Notice of forced sale of a ship or ship under construction 1. Prior to the forced sale of a ship or ship under construction, the Court must send a notice about this: 1) in the body of the vessel or registration authority registration of ownership of the vessel under construction;
2) all chargeholders registered ship or ship under construction mortgages that are not installed to the bearer;
3) all chargeholders registered ship or ship under construction mortgages, installed on bearer shares and all holders of a maritime lien on the vessel according to the requirements of article 333, paragraph 1 of the present code if they have notified the Court of its requirements;
4) the registered owner of the ship or ship under construction;
5) in the body of the ship registration in the State whose flag the vessel is permitted to fly temporarily.
2. a person who requires a forced sale of the ship or ship under construction, must provide the Court with an extract from the relevant register of ships or the register of ships with the application names and addresses registered mortgagees of the ship or ship under construction mortgages.
3. Notice of forced sale of a ship or ship under construction shall be sent not less than thirty days before the forced sale and contains: 1) information about the time and place of a forced sale and information concerning such a forced sale or procedures leading to a forced sale, and who need to know the persons entitled to notice, in order to protect their interests;
2) if the time and place of a forced sale can not be accurately determined, information about estimated time and place of a forced sale and other information concerning the forced sale and sufficient to protect the interests of the persons entitled to notice.

If a notice is sent in accordance with this paragraph, an additional notice of the actual time and place of a forced sale is sent once they become known, but not later than seven days prior to a forced sale.
4. Notice of forced sale shall be sent to the bodies and persons identified in paragraph 1 of this article, by registered mail or by any electronic or other appropriate means, to ensure the delivery of notices on the service. In addition, the notice may be published in the media in the place in which the forced sale, or at the discretion of the authority conducting such sale, in other publications.
 
Article 352. The consequences of the forced sale of a ship or ship under construction 1. With the forced sale of a ship or ship under construction all the registered mortgage of the ship or ship under construction, except those assumed by the purchaser with the consent of mortgagees, all other liens, encumbrances of any kind shall cease to have effect in respect of a ship or ship under construction.
2. the expenses incurred in connection with the arrest and subsequent sale of the ship or ship under construction, primarily financed from the amount of the proceeds from their sale. These costs include, in particular, suffered from the time of arrest of the vessel, the maintenance costs of the vessel, and members of his crew, wages, other sums and costs referred to in paragraph 1 of article 333 of this code. The remaining amount, proceeds from the sale of the ship or ship under construction, shall be distributed in accordance with the rules laid down in this chapter, to the extent necessary to meet the relevant requirements. After satisfaction of the claims of all persons submitting them, the amount received from the sale of the ship or ship under construction, if it remains, it returns the owner or ship under construction and will be freely transferable.
3. When the forced sale grounded or sunken ship, which is lifting the seaport Administration to ensure the safety of navigation or the protection against the pollution of the marine Wednesday, climbing costs for grounded or sunken ship expense amount, proceeds from the sale of that ship, to meet all claims secured by a maritime lien on the vessel.
4. If, at the time of the forced sale of a ship or ship under construction is owned by shipbuilding or ship repair Organization (contractor), which has on it the right to hold such an organization should relinquish ownership of a ship or ship under construction in the buyer's favor, she has the right to satisfaction of the claim due to the amount of the sale proceeds of a ship or ship under construction.
In the presence of claims secured by a maritime lien on the ship in accordance with part one of article 333 of this code, the ship repair organization that right arises after you meet these requirements.
5. In the event of a forced sale of the ship or ship under construction by the competent authority at the request of the buyer gives you a document certifying that a ship or ship under construction were sold, not obremenënnoe any mortgages, except those assumed by the purchaser with the consent of mortgagees.
When submitting such document bodies have registration of mortgage of the ship or ship under construction, are required to exclude from the appropriate register of ships or ships registry all mortgages registered on the ship or ship under construction, except those assumed by the purchaser.
If the buyer of the vessel or vessel under construction is a citizen or legal person of Turkmenistan, the vessel or the ownership of the building, the vessel must be registered in the corresponding register in Turkmenistan for the name of the buyer.
6. If a vessel under construction or ownership of the vessel is registered in the corresponding register in Turkmenistan and the buyer of such a ship or ship under construction is a foreign citizen or a foreign legal person, the body responsible for registering the ship or property rights registration authority has to issue such certificate to the purchaser of the deletion of a ship from the ship register State, ship books or on the exclusion of the right of ownership to the construction of the ship from the register of ships under construction for the subsequent registration of a vessel or registration of the right of ownership of the vessel under construction in the relevant registers of the foreign State.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) Article 353. Termination of mortgage of the ship or ship under construction 1. Mortgage of the ship or ship under construction is ceased in case of: 1) money debt repayment;
2) ending the monetary obligation other than debt repayment methods (forced sale and others);
3) loss of the ship or ship under construction, unless the pledgee of the mortgage of the ship or ship under construction may exercise their requirement for insurance reimbursement, those owed in connection with the loss of the ship or ship under construction in accordance with the contract of marine insurance.

2. When providing evidence about the termination of the mortgage of the ship or ship under construction in the cases provided for in the first paragraph of this article, the Authority introduced the registration in the register of ships or ships registry entry on the termination of the mortgage of the ship or ship under construction.
 
SECTION XXIII. The ARREST of a SHIP Article 354. The grounds for the arrest of the vessel 1. The arrest of a ship means detention or restriction of movement of the vessel while it is within the jurisdiction of Turkmenistan, carried out on the basis of the decision of the Court, arbitral tribunal or empowered by law to impose arrest arbitration of Maritime Affairs to secure a maritime claim, as defined in Article 355 of the present code.
2. A ship may only be arrested under the law of demand.
3. a ship may be arrested even though it is ready to sail.
4. A ship may be arrested for the purpose of obtaining security notwithstanding that in accordance with the conditions laid down by the Treaty, a maritime claim, that ship seized, subject to review by the Court or arbitral tribunal in another State.
5. The rules established by this section shall not affect the right of Captain seaport on the refusal to grant permission to the vessel from the port in accordance with article 77 of this code, the right administration of the seaport on the detention of the vessel and the cargo according to the requirements stipulated by article 78 of the present Code, as well as the right of public authorities to arrest the vessel and cargo, provided for by the legislation of Turkmenistan.
 
Article 355. Maritime claim maritime claim is any claim arising in connection with: 1) damage to the operation of the vessel;
2) injury to the life or health of a citizen on land or in water, directly associated with the operation of the ship;
3) implementation of a rescue operation or the rescue;
4) costs associated with the adoption of measures to prevent or reduce damage, including environmental damage Wednesday, if such claim arises from an international treaty of Turkmenistan, Turkmenistan legislation or any agreement, as well as damage or interruption may be damage caused by such measures;
5) costs associated with lifting, removal or destruction of the sunken ship or its cargo;
6) any Treaty on the use of the vessel;
7) any contract of carriage of goods or carriage of a passenger on a ship;
8) loss of or damage to goods including baggage carried on board;
9) general average;
10) pilotage pilotage;
11) towage;
12) provide food, materials, fuel, inventories, equipment, including containers for operation of the ship or its contents;
13) construction, repair, upgrading or refitting of the vessel;
14) port and channel charges, levies on other waterways;
15) wages and other sums due to the master, and the other members of the crew for their work on board the vessel, including costs of repatriation and paid on their behalf to pay social insurance contributions;
16) disbursmentskimi costs obtained in respect of the ship;
17) insurance premium;
18) commissions, brokerage or agent remuneration paid by the owner of the ship or its bareboat charterer or on their behalf;
19) any dispute about the right of ownership and other rights in rem;
20) any dispute between the owners of the vessel on the use of the vessel and the distribution of profits;
21) a registered mortgage of the ship;
22) any dispute arising from the contract of sale of the ship.
 
Article 356. A vessel may be arrested 1. Ship in respect of which the maritime claim arose, may be arrested if: 1) the shipowner maritime claim secured by a maritime lien on the vessel, and refers to the requirements provided for by part one of article 333 of this code;
2) maritime claim is based on the mortgage of a ship or vessel, interest of the same nature, registered in the established order;
3) maritime claim relates to the ownership or possession of the ship;
4) maritime claim does not fall under paragraphs 1-3 of this part, but the person to whom the vessel belongs to the property right at the time when the maritime claim arose is liable for the claim and its owner at the time of the initiation of the procedure relating to the arrest of the vessel, or the charterer of the ship bareboat charterer of the ship at the time when the maritime claim arose is liable for the claim and, at the time of initiation of the procedure relating to the arrest of the vessel is the bareboat charterer or the owner.
2. any other vessel or any other vessel could also be arrested, if, at the time of the initiation of the procedure relating to their arrest, ships are owned by a person who is liable for the maritime claim and was at the time a claim by the owner of the ship in respect of which the maritime claim arose, or bareboat charterer, time charterer or voyage charterer of that ship.
Rule established this part does not apply to the requirement concerning the ownership of the vessel or possession.
 
Article 357. The release of the ship from arrest
 

1. a ship may be released from arrest only by order of a court, arbitral tribunal or specified in the first part of article 354 of the present Code, the Arbitration Court when granting sufficient provide in an appropriate form.
2. In the absence of agreement between the parties on the form and amount of welfare Court, arbitral tribunal or specified in the first part of article 354 of the present Code, the arbitral tribunal shall determine the form and amount of security, which must not exceed the value of the ship.
3. Any request for the release of the ship from arrest in connection with the provision of security does not mean recognition of liability, waiver of remedies or of rights to limit liability.
Grantor in accordance with part 2 of this article may at any time apply to the Court, Tribunal or specified in the first part of article 354 of the present Code, the Arbitration Court to reduce, amendment or repeal of such security.
 
Article 358. Repeated and repeated arrest 1. If the ship arrested to secure a maritime claim or security given to prevent arrest or to release him from arrest, such vessel shall not be arrested or arrested again on the same maritime claim unless: 1) the amount of security, received the same maritime claim, is not sufficient, provided that the total amount of security may not exceed the value of the ship;
2) the person who provided the security, unable to meet obligations in full or in part;
3) ship arrested or the security provided, released: a) at the request or with the consent of the person entitled to the maritime claim and if there are reasonable grounds for such a request or consent;
b) due to the inability of the person entitled to a maritime claim, preventing the release of the vessel through the adoption of reasonable measures.
2. If the ship arrested to secure a maritime claim or security given to prevent arrest of a ship or its release from arrest, any other ship which would otherwise be arrested on the same maritime claim shall not be arrested unless: 1) has already been obtained for the same maritime claim was inadequate;
2) apply the rules established by paragraphs 2 and 3 of the first paragraph of this article.
3. The rules established by this clause shall not apply to any unlawful release from arrest or his care from arrest.
 
Article 359. The arrested ship owner protection 1. Court, arbitral tribunal or specified in the first part of article 354 of the present Code, the arbitral tribunal shall have the right, as a condition of seizure or extension imposed before the arrest of a ship to oblige the person who demands the arrest of a ship or its extension, provide security in the amounts and on the terms and conditions as may be determined by a court, arbitral tribunal or specified in the first part of article 354 of the present code by the arbitral tribunal in connection with losses that may be caused by the arrest of a ship, including as a result of an unlawful or unfounded arrest of a ship or the requirements and obtain the excessive size and for which such person may be liable.
The rules established by the first paragraph of this article shall not apply in relation to a person who requires the arrest of a ship or its extension to the requirement provided in Article 355, paragraph 16 of the present code.
2. a court, arbitral tribunal or specified in the first part of article 354 of the present code on the order of a Court of arbitration, which seized on the vessel or security given to prevent arrest of a ship has the right to determine the size of the individual responsible for the on-demand which the ship arrested or the security given for any damages, including damages that may be caused as a result of an unlawful or unfounded arrest of a ship or the requirements and obtain the excessive size of the collateral.
3. If, in accordance with paragraph 1 of this article security given, the person providing such security may at any time apply to the Court, Tribunal or specified in the first part of article 354 of the present Code, the Arbitration Court to reduce, modify or repeal provision.
 
SECTION XXIV. MARINE PROTEST Article 360. Marine 1 protest. If during the voyage or ship incident occurred, which may lead to the presentation of property claims to the shipowner, the captain of the ship in order to secure evidence to protect the rights and legitimate interests of the shipowner shall make a declaration in the prescribed manner on the protest.
2. sea protest must contain full information on the circumstances of the incident and the reasons which caused it, including information on the damage and the measures that have been taken to prevent or reduce this damage.
 
Article 361. Statement on the protest and filing 1. Statement on the protest is made: 1) in Turkmenistan-notary;
2) in a foreign port-official consular institutions of Turkmenistan or the competent official of a foreign State in accordance with the legislation of that State.
2. Statement on the protest is made, if the accident happened:

1) seaport-within twenty-four hours after the accident;
2) while sailing ship within twenty-four hours from the time of arrival of the ship or the captain of the ship at the first maritime port after the incident.
 
Article 362. Statement on the protest with a delay 1. If the accident happened during the navigation of the ship, the statement on the protest may be filed at the time of arrival of the ship or the master of the ship in port, not the first port after the incident, to avoid significant losses of time and costs associated with a stop at the first port after the incident.
2. If it proves impossible to declare marine protest within the deadlines established by the part 2 of article 361 of the present Code, the reasons for this should be indicated in a statement on the protest.
3. masters of foreign vessels can apply on the protest in the consular authorities of the State whose flag the ship flies, if such a right provided by the applicable international treaty.
 
Article 363. Statement on maritime protest against damage to cargo 1. If there is reason to assume that, as a result of accident damage caused damage on the ship cargo, a statement on the protest must be filed prior to the opening of the hatches.
2. Unloading the cargo ship before being on statements of protest of the sea is allowed only in cases of extreme necessity.
 
Article 364. Evidence 1. The captain of the ship in the circumstances set out in the statement on the sea protest, must simultaneously with the application or within a period of not more than seven days from the moment of arrival, or the vessel's arrival in port, or accident if it occurred at the port, to submit to the person to whom the statement was sent to sea protest in accordance with part one of article 361 of the present Code, a logbook and a certified extract from the ship's logbook.
 
2. In the event of the death of the ship's log, in a statement on the protest should be set out the circumstances and causes of death of the ship's log.
 
Article 365. Drawing up maritime Act protest Notary or consular official in Turkmenistan on the basis of statements by the captain of the vessel logbook data, survey, the captain of the ship and, if necessary, other members of the crew of a ship is a maritime Act of protest and assured him of his signature and stamp printing.
 
Article 366. Drawing up acts of protest on the consular institutions of foreign States the adoption of the Declaration on the protest from masters of foreign vessels and drafting acts on the protest can be carried out by consular institutions of foreign States in Turkmenistan on condition of reciprocity.
 
SECTION XXV. CLAIMS CLAIMS. LIMITATION of CHAPTER 1. Claims and CLAIMS Article 367. The identity of the circumstances which may serve as grounds for the liability of the parties to the carriage of goods 1. Circumstances that may constitute grounds for liability, senders, recipients, and passengers, certified commercial acts or acts of common forms. These circumstances in a foreign port shall ascertain, in accordance with the rules established in this port.
2. The commercial certificate is prepared to certify: 1) the discrepancy between name, weight, or the number of seats the cargo or baggage in kind and specified in the conveyance document data;
2) damage to cargo or passenger baggage;
3) detection of cargo or baggage without documents, as well as documents without cargo or luggage;
4) return stolen goods or baggage to the carrier.
3. Forms of acts, their preparation and validations of the circumstances do not require compilation of acts, establishes rules, approved by the notified body in the field of water transport Article 368. Claims to the carrier 1. Prior to submitting a claim to the carrier in connection with the carriage of cargo in cabotage carrier claim filing is required.
2. The claim shall be presented to the carrier who performed the carriage of the goods, and if the shipment has not been completed, the carrier, which in accordance with the contract of carriage of goods has been obliged to implement it.
3. the claim arising from the carriage of goods in mixed traffic, is presented to the carrier delivering the goods to the destination point of the carriage.
 
Article 369. The transfer of the right to lodge claims 1. The transfer of the right to lodge claims and lawsuits to other individuals and legal entities are not allowed, unless the transfer of such rights of the sender to the recipient, or vice versa, as well as the sender or recipient of the freight forwarder or the insurer.
2. transfer of the right to claim and the claim is satisfied pereustupočnoj inscription on the Bill of lading or other transport document (a sea waybill, Charter).
 
Article 370. Claim procedure 1. Claim in writing.
The claim of loss or damage to the goods, other than the transport documents shall be accompanied by documents proving the right to claim and the documents certifying the quantity and value of goods.
Shipping documents are original.

2. The carrier shall be entitled within two weeks after receipt of the claim return it without consideration, if the claim is not accompanied by the documents referred to in paragraph 1 of this article. If the carrier within the specified period will not return to the applicant the applicant claim not properly, it is valid to consider.
 
Article 371. The deadline for claims arising from the contract of carriage in maritime transport of cargo Claims against the carrier arising from the contract of carriage of goods, can be brought within the limitation period, in accordance with article 372 of this code, in addition to the claim for delay of cargo delivery, which can be made within twenty-one days from the date of receipt of the goods by the recipient.
 
Article 372. The deadline for consideration of claims arising from the contract of carriage of goods 1. The carrier shall review the claim arising from the contract of carriage of goods, within thirty days from the date of receipt and inform the applicant of the approval or rejection of it.
2. From the date of presentation of the claim against the carrier arising from the contract of carriage of goods, the period of limitation shall be suspended pending receipt of a response to a claim or deadline for an answer.
 
CHAPTER 2. LIMITATION of Article 373. The limitation period for claims arising from the contract of carriage of goods 1. The Statute of limitations for carriage of goods contract is one year.
2. The limitation period shall be calculated according to the requirements of: 1) reparation for total loss of the goods-from the thirtieth day after the expiry of the agreed period of carriage or, if no such term has not been agreed, on the sixtieth day after acceptance by the carrier;
2) damages for the partial loss of the cargo, damage, delay of delivery is from the date of arrival of the goods;
3) to all other cases at the expiration of three months after the day of conclusion of the contract of carriage of goods.
 
Article 374. Limitation on other requirements 1. To the requirements arising from the contract of carriage in maritime transport passengers on international communication, except in the case provided for in the first part of article 187 of this code, a contract of marine insurance, as well as collisions and the implementation of rescue operations, a two-year limitation period applies.
 
The specified period is calculated: 1) for claims arising from the contract of carriage the passenger on international communication, except in the case provided for in the first part of article 187 of this code when: (a) damage to health) passenger-from the date of disembarkation of the passenger ashore;
b) passenger death occurring during carriage, from the date when the passenger had to disembark on the coast;
in) damage to health during transportation, caused the death of the passenger after disembarkation, it-from the day of his death, provided that this period does not exceed three years from the date of disembarkation of the passenger ashore;
g) loss or damage to passenger baggage unloading baggage from the date or from the date on which the baggage must be unloaded, whichever date is the later;
2) claims arising from a contract of marine insurance, as from the time of arising of the right to sue;
3) for claims for damages from the collision of ships from the time of the collision of vessels;
4) according to the requirements arising from rescue operations, from the date of the end of the rescue operation.
2. The one-year statute of limitations apply to claims arising from the contract, contract towing maritime agency services, maritime Treaty mediation, time Charter and bareboat charter and of general average.
The specified period is calculated: 1) for claims arising out of contracts under this part, except for claims arising from common accidents, from the time of arising of the right to sue;
2) according to the requirements arising from general average-from the day of drafting adjustment.
3. recourse To the requirements set forth in article 290 of this code applies a limitation period of one year, calculated from the date of payment of the corresponding amount.
 
Article 375. Limitation period for claims for damages from oil pollution from ships and marine damage in connection with the carriage of hazardous and noxious substances 1. Claims for damages from oil pollution from ships and marine damage in connection with the carriage of hazardous and noxious substances are redeemed within three years from the day when the victim knew or should have known of causing such damage. However, claims for damages cannot be made according to the requirements of: 1) for damages from oil pollution from ships at the expiration of six years from the date of the incident causing pollution;
2) on compensation for damage in connection with the carriage of hazardous and noxious substances at the expiration of ten years from the date of the incident which caused the damage.
 
Article 376. Application of general terms to the requirements on which the period of limitation of the present Code, are subject to the general terms of limitation stipulated by civil legislation of Turkmenistan if the requirements of such an international agreement Turkmenistan not set other terms.
 
Article 377. Suspension of limitation in the presence of general average If the amount of the claim calculation depends on the calculations of general average, the period of limitation shall be suspended for the time since a dispašerom regulation on a common accident and up to the date of receipt of the adjustment by the person concerned.
 
SECTION XXVI. APPLICABLE LAW
 

Article 378. Determination of the law applicable to relations arising from the Merchant Navy with the participation of foreign citizens or foreign legal entities or complicated foreign element 1. The law to be applied to relations arising from the Merchant Navy with the participation of foreign citizens or foreign legal entities or complicated foreign element, including, if the object of civil rights is outside of Turkmenistan, shall be determined in accordance with the international treaties of Turkmenistan, this code and other laws of Turkmenistan and recognized in Turkmenistan customs of merchant shipping.
2. the parties to the contract under this code, may conclude a contract or subsequently elect under an agreement between a right that is applicable to their rights and obligations under the Treaty. In the absence of agreement between the parties on the right, subject to the application of the rules of the present Code shall be applied. Choice of law agreement between the parties to a treaty may not entail removing or easing the responsibility in accordance with the present code carrier should be responsible for harm caused to life or health of a passenger, loss of or damage to cargo and baggage or delayed delivery.
 
Article 379. Ownership and other rights in rem on the vessel 1. Ownership and other rights in rem on the vessel as well as emergence, transition and termination of such rights shall be governed by the law of the flag State of the vessel.
2. proprietary rights to the ship, which temporarily granted the right to fly the flag of another State, the applicable law of the State in which the vessel is registered immediately before the change of flag.
3. The right to the construction of the vessel shall be governed by the law of the State in which the vessel is taken up for construction or, unless otherwise provided by the contract to build the ship.
 
Article 380. The legal position of the members of the crew of the ship 1. The legal status of members of a ship's crew and vessel related relations between members of the crew shall be governed by the law of the flag State of the vessel.
2. the relationship between the shipowner and the crew members of a vessel are governed by the law of the flag State of the vessel, unless otherwise provided by the contract governing relations between the shipowner and the crew of the ship who are foreign nationals.
3. the choice of the parties of the labour contract law, applicable to the relationship between the shipowner and the crew of the vessel, should not lead to a deterioration in the working conditions of the crew members of a vessel in comparison with the law of the State, which should be governed by data relationships in the absence of agreement between the parties on the law to be applied.
 
Article 381. Rights to sunken property 1. The right to property, sunken in the internal waters or territorial sea, as well as the relations arising in connection with the sunk assets are determined by the law of the State in which the property sank.
2. To sink ships in high seas vessels on them goods and other property applies the law of the flag State of the vessel.
 
Article 382. Relations arising from agreements concluded in the field of merchant shipping 1. Relations arising from the contract of carriage in maritime transport of cargo, towing the Treaty Treaty of maritime agency services, maritime Treaty mediation contract of marine insurance, time Charter and bareboat charter, governed by the law of the State stipulated by agreement of the parties, the contract of carriage in maritime transport of passengers-the law of the State indicated in the ticket.
2. In the absence of agreement between the parties on the law to be applied, the relationship of the parties arising from contracts governed by the law of the State in which it is established, has his principal place of business or the place of residence of the party: 1) carrier-in the contract of carriage;
2) shipowner in a Treaty of maritime shipping, time Charter and bareboat charter;
3) owner of the towing vessel hauling in the contract;
4) principal-the Treaty of maritime mediation;
5) insurer-the contract of marine insurance.
 
Article 383. The applicable law in general average 1. In the absence of agreement between the parties on the law to be applied, the relations arising from the general average, governed by the law of the State in whose port the ship has completed flight after the accident that caused the general average.
2. If all persons whose interests are affected by total accident, belong to the same State, the law of that State.
3. Allocation of general average, if it is distributed in Turkmenistan shall be subject to the rules established by the present Code, section XVII.
 
Article 384. Relations arising from collision of ships 1. Relations arising from collisions in inland maritime waters and the territorial sea, shall be governed by the law of the State in the territory of which the collision occurred.
2. If the ship collision happened on the high seas and the dispute shall be settled in Turkmenistan, apply the rules established by the present Code, section XVIII.
3. the relations arising from the collision of vessels flying the flag of one State, the law of that State, irrespective of the place of collisions.
 
Article 385. Relations arising from the damage of oil pollution from ships, or in connection with the carriage of hazardous and noxious substances
 

When the damage from oil pollution from ships, or in connection with the carriage of hazardous and noxious substances by the rules established in section XIX of the present Code shall apply to: 1) damage from pollution from ships oil and any damage in connection with the carriage of hazardous and noxious substances, pričinënnomu on the territory of Turkmenistan;
2) preventive measures to prevent or reduce such damage wherever they are taken.
 
Article 386. Relations arising from the rescue vessel and other property 1. In the absence of agreement between the parties on the law to be applied, to relations arising from the rescue vessel and other property in the internal waters and the territorial sea, the applicable law of the State where the rescue took place and if rescue is carried out on the high seas and the dispute shall be settled in Turkmenistan, the rules established by section XX of this code.
2. If spasavšee and rescued Court float under the flag of one State, the law of that State, regardless of where the rescue took place.
3. The distribution of remuneration between the owner's ship, its captain and the other members of the crew applies the law of the flag State of the vessel and, if the rescue was not from the vessel, the law which falls within the treaty governing relations between the lifeguard and his employees.
 
Article 387. Maritime lien on the vessel. Mortgage of the ship or ship under construction 1. Rise to a maritime lien on the vessel and the order of satisfaction of claims secured by a maritime lien on the vessel, the law of the State in which the Court considered the dispute.
2. The validity of a registered mortgage of the ship and the order of satisfaction of claims arising from obligations secured by mortgages, are determined by the law of the State in which the vessel is registered.
3. Mortgage of a ship registered in the registry of a foreign country, recognized and enforced is carried out, provided that: 1) it installed and registered in the registry in accordance with the law of the State in which the vessel is registered;
2) registry, as well as documents for surrender in accordance with the law of the State in which the vessel is registered, deposited with the authority responsible for the registration, open for inspection and extracts from the registry and copies of such documents may be obtained from the authority;
3) in the registry and such documents contain the name and address of the person in whose favour the established mortgage, or an indication that the mortgage is established on a bearer, size of obligation provided with mortgage, date and other information under the law of the State in which the vessel is registered, determines the order of satisfaction relative to other registered mortgages.
4. Validity of registered mortgages new shipbuilding and the order of satisfaction of claims arising from obligations secured by mortgages, are determined by the law of the State in which the vessel is taken up for construction or under construction.
5. Enforcement of mortgage of the ship or ship under construction is regulated by the law of the State where the enforcement takes place.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49) article 388. Limitation of liability for maritime claims to the limitation of liability for maritime claims shall apply the law of the State in which the Court considered the maritime claim subject to limitation of liability.
(As amended by the Act of March 1, 2014 year-statements of the Mejlis of Turkmenistan, 2014., no. 1, p. 49)