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No 81-FZ of April 30, 1999 Adopted by the State Duma on March 31, 1999 Chapter I. GENERAL PROVISIONS Article 1. Relations regulated by the Merchant Shipping Code of the Russian Federation Article 2. The notion of merchant shipping Article 3. Scope of application of regulations set out in this Code Article 4. Carriage and towage between seaports of the Russian Federation Article 5. State control of merchant shipping Article 6. State supervision of merchant shipping Article 7. Vessel Article 8. Shipowner Article 9. Seaports. Port authorities Article 10. Vessel’s tonnage Article 11. Unit of account Chapter II. VESSEL §1. OWNERSHIP OF VESSEL Article 12. Holders of right of ownership of vessels Article 13. Rights of the owner of a vessel Article 14. Transfer of a vessel in trust administration §2. FLAG AND NATIONALITY OF VESSEL Article 15. Right to fly the State Flag of the Russian Federation Article 16. Genesis of the right to fly the State Flag of the Russian Federation Article 17. Nationality of vessel Article 18. Loss of the right to fly the State Flag of the Russian Federation Article 19. Temporary transfer of the vessel under the flag of a foreign state §3. VESSEL IDENTIFICATION Article 20. Name of vessel Article 21. Call signs §4. TECHNICAL SURVEY OF VESSELS AND SHIP PAPERS Article 22. Authorities for the technical survey and classification of vessels Article 23. Technical survey of vessels Article 24. Classification of vessels Article 25. Basic ship papers Article 26. Additional ship papers Article 27. Ship papers for some categories of vessels Article 28. Ship papers for vessels of foreign voyage Article 29. Authorities issuing ship papers Article 30. Recognition of ship papers of a vessel flying a foreign flag Article 31. Requirements relating to ship papers Article 32. Rules of keeping ship papers. Storage of the ship’s log Chapter III. REGISTRATION OF VESSELS AND RIGHTS TO VESSELS Article 33. Registers of ships of the Russian Federation Article 34. Vessels used only for government non-commercial service Article 35. Authorities carrying out registration of vessels Article 36. Registration fees Article 37. Conditions of registration of a vessel Article 38. The registration of a vessel in the bareboat charter register of ships Article 39. Information subject to be entered in the State Register of Ships or a ship book Article 40. Information subject to be entered in the bareboat charter register of ships Article 41. Obligation to notify about changes of information entered in registers of ships Article 42. Initial registration of a vessel in the State Register of Ships or a ship book Article 43. Change of the port (place) of registration Article 44. Re-registration of a vessel Article 45. Loss of a vessel's papers confirming registration of it Article 46. Refusal to register a vessel and the rights to it Article 47. Deregistration of a vessel from the State Register of Ships or a ship book Article 48. Missing vessel Article 49. Vessel constructively wrecked Article 50. Open nature of registers of ships Article 51. Responsibility for violation of the regulations on the registration of vessels Chapter IV. VESSEL'S CREW. MASTER OF VESSEL §1. VESSEL'S CREW Article 52. Vessel’s crew complement Article 53. Minimum complement of vessel's crew Article 54. Licensing of vessel's crew Article 55. Requirements to the state of health of persons admitted to work on board a vessel Article 56. Citizenship of a vessel's crew members Article 57. Labour relations on board a vessel Article 58. Repatriation of a vessel's crew members Article 59. Property of a crew member of a vessel Article 60. Duties of shipowner §2. MASTER OF VESSEL Article 61. Management of the vessel and other duties of the master Article 62. Obligation to render assistance to any person in distress at sea Article 63. Obligation to render assistance upon a collision of vessels Article 64. Obligation of the master to render urgent medical aid Article 65. Obligation of the master in event of an act of waror in other cases of military danger Article 66. Abandonment of the vessel by its crew Article 67. Maintenance of order on the vessel Article 68. Interrelationship between the master or other members of the vessel's crew and consulates of the Russian Federation Article 69. The master as an authority of inquest Article 70. Duties of the master in cases of making a will, birth of a child or death on board the vessel Article 71. The master as the representative of the shipowner and cargo owner Article 72. Urgent need for money for continuation of the voyage Article 73. Charging the chief mate with the duties of the master Chapter V. PORT STATE CONTROL Article 74. Harbour master of a seaport Article 75. Subordination of the harbour master of a seaport Article 76. Functions of the harbour master of a seaport and the harbour master of a fishing seaport Article 77. Functions of harbour masters of specialized seaports Article 78. Orders of the harbour master of a seaport Article 79. Supervision of vessels Article 80. Permit for a vessel to leave the seaport Article 81. Detention of a vessel and cargo by port authorities Article 82. Construction in navigational area Article 83. Engagement of vessels in salvage of people or vessels Article 84. Responsibility for violation of the regulations on safe navigation and order in port Chapter VI. MARITIME PILOTS §1. PILOTAGE Article 85. Scope of application of regulations set out in this Chapter Article 86. Purposes of pilotage Article 87. Maritime pilots Article 88. State supervision of the activities of pilotage organizations Article 89. Establishment of areas of compulsory and optional pilotage Article 90. Compulsory pilotage Article 91. Optional pilotage Article 92. Execution of public duties by a pilot §2. INTERRELATIONSHIP BETWEEN THE PILOT AND THE MASTER Article 93. Pilot license Article 94. Ensuring safe embarkation and safe disembarkation of the pilot Article 95. Statement of the vessel's data by the master Article 96. Interrelationship between the master and the pilot Article 97. Pilot's orders to the helmsman Article 98. Temporary leaving bridge by the master Article 99. Suspension of pilotage by the pilot Article 100. Leaving the vessel by the pilot Article 101. Return of the pilot Article 102. Liability of the pilot and the master §3. LIABILITY FOR IMPROPER PILOTAGE. PILOTAGE FEE Article 103. Liability for improper pilotage Article 104. Limitation of liability and loss of the right to limit liability Article 105. Liability to third parties Article 106. Pilotage fee Chapter VII. SUNKEN PROPERTY Article 107. Scope of application of regulations set out in this Chapter Article 108. Raising of sunken property by its owner Article 109. Obligation of the owner of sunken property to raise the sunken property Article 110. Rights of the owner to sunken property Article 111. Raising, removal or destruction of sunken property by port authorities Article 112. Claiming of sunken property by its owner Article 113. Right of port authorities to full compensation for costs incurred Article 114. Sunken property raised accidentally Chapter VIII. CONTRACT OF CARRIAGE OF GOODS BY SEA §1.GENERAL PROVISIONS Article 115. Definitions and types of contracts of carriage of goods by sea Article 116. Application of the regulations set out in this Chapter Article 117. Form of contract of carriage of goods by sea Article 118. Long-term contract for arrangement of carriage of goods by sea and its correlation with a contract of carriage of goods by sea Article 119. Correlation between a charter-party and a bill of lading Article 120. Contents of a charter-party Article 121. Assignment of rights by a charter-party Article 122. Application of regulations set out in this Chapter to carriage of goods in cabotage Article 123. Temporary cessation or restriction on receipt of goods for carriage §2. BRINGING UP OF VESSEL AND LOADING OF GOODS Article 124. Seaworthiness of the vessel Article 125. Substitute of vessel Article 126. Port of loading Article 127. Place of loading of the goods Article 128. Time for bringing up the vessel Article 129. Notice of the vessel’s readiness for loading Article 130. Lay time Article 131. Demurrage time Article 132. Payment for demurrage time Article 133. Remuneration for early completion of loading Article 134. The right of a carrier to set the vessel for sail upon the expiry of demurrage time Article 135. Compensation for losses caused by delaying the vessel Article 136. Early departure of the vessel upon the demand of the charterer Article 137. Removal of extraneous goods Article 138. Deck cargo Article 139. Packing and marking of goods Article 140. Replacement of Goods Article 141. Cargo documents §3. BILL OF LADING Article 142. Issuance of bill of lading Article 143. The issuance of another document instead of a bill of lading Article 144. Contents of bill of lading Article 145. Reservations to bill of lading. Evidentiary effect of bill of lading Article 146. Types of bill of lading Article 147. Plurality of bill of lading copies Article 148. Handing over of bill of lading Article 149. Right of disposition of goods §4. PERFORMANCE OF CONTRACT OF CARRIAGE OF GOODS BY SEA Article 150. Duties of the carrier in respect of goods Article 151. Dangerous Goods Article 152. Time and route for carriage of goods Article 153. Bar of the vessel's call at the port of destination §5. TERMINATION OF OBLIGATIONS UNDER A CONTRACT OF CARRIAGE OF GOODS BY SEA Article 154. Denial by the carrier to perform the contract of carriage of goods by sea Article 155. Denial by the shipper or charterer to perform the contract of carriage of goods by sea Article 156. Denial by each parties to perform the contract of carriage of goods by sea Article 157. Termination of the contract of carriage of goods by sea due to impossibility to perform it §6. DISCHARGE AND RELEASE OF THE GOODS Article I58. Person entitled to receive goods Article 159. Placing goods in storage Article 160. Payments on release of the goods to the consignee. Right of retention of the goods Article 161. Survey of goods or inspection of their condition Article 162. Statement of loss of or damage to the goods §7. FREIGHT Article 163. Payments for carriage of goods Article 164. Amount of Freight Article 165. Freight for goods lost during carriage §8. LIABILITY OF THE CARRIER, SHIPPER OR CHARTERER Article 166. Liability of the carrier Article 167. Navigational error Article 168. Exoneration of the carrier from liability against evidence of safety of the goods Article 169. Calculation of the amount of liability of carrier for loss of or damage to goods Article 170. Limitation of liability of the carrier Article 171. Claims to the carrier, his servants and agents Article 172. Loss of right to limit liability Article 173. Liability of the actual carrier Article 174. Through carriage of goods Article 175. Agreement to exonerate the carrier from liability or reduction of the limits of his liability Article 176. Liability of the shipper and charterer Chapter IX. CONTRACT OF CARRIAGE OF PASSENGER BY SEA Article 177. Definition of a contract of carriage of a passenger by sea Article 178. Application of the regulations set out in this Chapter Article 179. Documents of carriage Article 180. Luggage and cabin luggage Article 181. Passenger's fare and payment for the carriage of his luggage Article 182. Periods of carriage of a passenger Article 183. Refusal by the passenger from the contract of carriage of a passenger by sea Article 184. Refusal by the carrier from the contract of carriage of a passenger by sea Article 185. Modification of a contract of carriage of a passenger by Sea Article 186. Liability of the carrier Article 187. Performing carrier Article 188. Loss of and damage to valuables Article 189. Intent or grave negligence of a passenger Article 190. Limits of liability of the carrier Article 191. Increase in the limits of liability of the carrier Article 192. Application of the limits of liability Article 193. Loss of the right to limit liability Article 194. Notice of loss of or damage to luggage Article 195. Agreement to exonerate the carrier from liability or reduce the limits of his liability Article 196. Liability of the carrier for delay of the vessel's departure or late arrival Article 197. Scope of application of the regulations set out in this Chapter Chapter X. CONTRACT OF CHARTERING VESSEL FOR A TIME (TIME CHARTER) Article 198. Definitions of a time charter Article 199. Application of the regulations set out in this Chapter Article 200. Contents of a time charter Article 201. Time charter form Article 202. Sub-time charter Article 203. Seaworthiness of a vessel Article 204. Duties of a charterer in the commercial use of the vessel and the return of it Article 205. Liability of the charterer to the cargo owner Article 206. Subordination of the vessel's crew members Article 207. Exoneration of the charterer from liability for losses caused by salvage, wreckage or damage to the vessel Article 208. Payment of freight Article 209. Wreck of the vessel and payment of freight Article 210. Reward for rendering salvage services Chapter XI. CONTRACT FOR CHARTERING A VESSEL WITHOUT CREW (BAREBOAT CHARTER) Article 211. Definition of a bareboat charter Article 212. Application of regulations set out in this Chapter Article 213. Contents of a bareboat charter Article 214. Bareboat charter Form Article 215. Sub-bareboat charter Article 216. Seaworthiness of a vessel Article 217. Vessel's crew Article 218. Duties of the charterer in operation of the vessel and the return of it Article 219. Liability of the charterer to third parties Article 220. Losses caused by salvage, wreck of or damage to the vessel Article 221. Payment of freight to the shipowner Article 222. Inadmissibility of withdrawal of the vessel Article 223. Redemption of the vessel Article 224. Liability for defects of the redeemed vessel Chapter XII. TOWAGE CONTRACT Article 225. Definition of the towage contract Article 226. Application of regulations set out in this Chapter Article 227. Form of the towage contract Article 228. Duties of parties to the towage contract Article 229. Liability in marine towage Article 230. Liability in port towage Article 231. Liability in towage in ice-covered waters Chapter XIII. CONTRACT OF MARINE AGENCY Article 232. Definition of the contract of marine agency Article 233. Application of the regulations set out in this Chapter Article 234. Limitation of general powers of the marine agent Article 235. Actions of the marine agent in the interests of different parties Article 236. Contract of marine sub-agency Article 237. Rights and duties of the marine agent Article 238. Duties of the shipowner Article 239. Termination of contract of marine agency Chapter XIV. CONTRACT OF MARINE BROKERAGE Article 240. Definition of the contract of marine brokerage Article 241. Application of the regulations set out in this Chapter Article 242. Marine broker performing marine agent’s actions Article 243. Actions of the marine broker in interests of both parties Article 244. Remuneration for services of a marine broker Article 245. The marine broker's duty to report Chapter XV. CONTRACT OF MARINE INSURANCE Article 246. Definition of the contract of marine insurance Article 247. Application of the regulations set out in this Chapter Article 248. Form of the contract of marine insurance Article 249. Objects of marine insurance Article 250. Information on risks Article 251. Insurance policy and terms of insurance Article 252. Insurance premium Article 253. Beneficiary Article 254. Duties of the insured or the beneficiary Article 255. Rights of the insured under the contract of marine insurance to the benefit of the beneficiary Article 256. Production of the insurance policy at the time of payment of an insurance indemnity Article 257. Effects of an alienation of insured cargo Article 258. Effects of an alienation of an insured vessel Article 259. Insured amount Article 260. Double insurance Article 261. Occurrence of losses prior to the conclusion of the contract of marine insurance or absence of them Article 262. General insurance policy Article 263. Information on cargo Article 264. Insurance policies or insurance certificates of separate shipments of cargo Article 265. Intent or grave negligence of the insured or beneficiary Article 266. Exoneration of the insurer from liability in insurance of a vessel Article 267. Exoneration of the insurer from liability in insurance of cargo Article 268. Exoneration of the insurer from liability in insurance of freight Article 269. Losses due to a nuclear incident Article 270. Losses due to act of war or other acts Article 271. Effects of a change in risks Article 272. Prevention or minimizing of losses Article 273. Securing by the insurer of general average contributions Article 274. Protection of the insurer's interests when drawing up an average statement Article 275. Compensation for the insured's expenses Article 276. Liability of the insurer in excess of the insured amount Article 277. A missing vessel Article 278. Abandonment Article 279. Notice of abandonment Article 280. Return of insurance indemnity Article 281 Article 282. Transfer of documents and evidence to the insurer Article 283. Effects of indemnification for losses by third parties Chapter XVI. GENERAL AVERAGE Article 284. Notion of general average and principles of its adjustment Article 285. Application of the regulations set out in this Chapter Article 286. General average caused by a vessel calling at a place of refuge Article 287. Cost of handling on board or discharging or transhipment of cargo, fuel or stores Article 288. Temporary repairs to a vessel Article 289. Expenses caused by a delay of the vessel for reasons of the common safety Article 290. Effects of the condemnation of a vessel as being unfit for navigation or refusal of a vessel to continue its voyage Article 291. General Average caused by expenses on salvage Article 292. General average caused by taking salvage measures Article 293. Expenditure caused by measures undertaken to prevent or minimize damage to the environment Article 294. Losses arising out of loss of or damage to cargo, fuel or stores Article 295. Losses arising out of loss of freight Article 296. Replacement expenses Article 297. Losses not allowed as general average (particular average) Article 298. Losses from damage caused to the vessel, its machinery and equipment Article 299. "New for old" deductions Article 300. Losses arising out of the loss of a vessel Article 301. Losses arising from the loss of or damage to cargo Article 302. Provision of funds for compensation of general average disbursements Article 303. Interest on losses made good in general average Article 304. Contributory value of property Article 305. Average statement and average adjusters Article 306. Evidence and documents for making up an average statement Article 307. Duty for making up an average statement Article 308. Amending and challenging an average statement Article 309. Execution of an average statement Chapter XVII. COMPENSATION FOR DAMAGES CAUSED BY COLLISION OF VESSELS Article 310. Scope of application of the regulations set out by this Chapter Article 311. Circumstances precluding liability Article 312. Fault of one of the vessels in a collision Article 313. Fault of two or more vessels in a collision Article 314. Fault of a pilot in the collision of vessels Article 315. Presumption of innocence of vessels Chapter XVIII. LIABILITY FOR DAMAGE OF OIL POLLUTION FROM VESSELS Article 316. Grounds for liability of the vessel's owner Article 317. Exoneration of the owner of the vessel from liability Article 318. Intent or grave negligence of the person who suffered the damage Article 319. Joint and several liability of owners of two or more vessels Article 320. Limitation of liability of a vessel's owner Article 321. Loss of the right of limitation of liability Article 322. Liability limitation fund Article 323. Insurance or other financial security of liability Article 324. Certificate of insurance or other financial security of civil liability for pollution damage Article 325. Claim for compensation for pollution damage Chapter XIX. LIABILITY FOR DAMAGE IN CONNECTION WITH THE CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES BY SEA Article 326. Scope of application of the regulations set out by this Chapter Article 327. Grounds for liability of a vessel's owner Article 328. Exoneration of the owner of the vessel from liability Article 329. Intent or grave negligence of the person who suffered the damage Article 330. Joint and several liability of owners of two or more vessels Article 331. Limitation of liability of the vessel's owner Article 332. Loss of the right to limit liability Article 333. Liability limitation fund Article 334. Insurance or other financial security of liability Article 335. Certificate of insurance or other financial security of civil liability for damage caused by hazardous and noxious substances Article 336. Claim for compensation for damage Chapter XX. SALVAGE OF VESSELS AND OTHER PROPERTY Article 337. Scope of application of the regulations set out by this Chapter Article 338. Salvage contracts Article 339. Nullity of contracts or their modification Article 340. Duties of the salvor, the shipowner and the master of the vessel Article 341. Conditions for reward Article 342. Criteria for fixing the reward Article 343. Special compensation Article 344. Apportionment of the reward between salvors Article 345. Apportionment of the reward between the ship owner and crew of the vessel Article 346. Salvage of life Article 347. Services rendered under existing contracts Article 348. The effects of salvor’s misconduct Article 349. Prohibition of salvage operations Article 350. Vessels belonging to the same shipowner Article 351. Duty to provide security for salvor's claim Article 352. Interim payment Article 353. Salvage operations controlled by public authorities Chapter XXI. LIMITATION OF LIABILITY FOR MARITIME CLAIMS Article 354. Persons entitled to limit liability Article 355. Claims subject to limitation of liability Article 356. Exceptions from the scope of limitation of liability Article 357. Conduct barring limitation of liability Article 358. Counterclaim Article 359. General limits of liability Article 360. Limit of liability for passenger claims Article 361. Aggregation of claims Article 362. Limitation of liability without constitution of a liability limitation fund Article 363. Constitution of a liability limitation fund Article 364. Distribution of the liability limitation fund Article 365. Bar to other actions Article 366. Scope of application of the regulations set out by this Chapter Chapter XXII. MARITIME LIEN ON A VESSEL. MORTGAGE ON A VESSEL OR A VESSEL UNDER CONSTRUCTION §1. MARITIME LIEN ON A VESSEL Article 367. Claims secured by a maritime lien on a vessel Article 368. Priority of claims secured by maritime lien on a vessel Article 369. Ranking of claims secured by maritime lien on a vessel Article 370. Characteristics of maritime lien on the vessel Article 371. Extinction of maritime lien on the vessel Article 372. Assignment or subrogation of claims Article 373. Right of retention of a vessel or a vessel under construction §2. MORTGAGE ON A VESSEL OR A VESSEL UNDER CONSTRUCTION Article 374. Effecting of a mortgage on a vessel or a vessel under construction Article 375. Object of the mortgage of a vessel or vessel under construction Article 376. Registration of a mortgage on a vessel or vessel under construction Article 377. Procedure for the registration of a mortgage on a vessel or vessel under construction Article 378. Protection of the interests of the mortgagee of a vessel or vessel under construction Article 379. Priority of claims arising out of duties secured by a mortgage on vessel or vessel under construction Article 380. Ranking of claims arising out of duties secured by a mortgage on vessel or vessel under construction Article 381. Assignment of the mortgage on a vessel or vessel under construction Article 382. Preservation of a vessel or vessel under construction secured by a mortgage Article 383. Transfer of the right of ownership of a vessel or vessel under construction or change of registration Article 384. Grounds for the forced sale of a vessel or vessel under construction Article 385. Notice of the forced sale of a vessel or vessel under construction Article 386. Effects of the forced sale of a vessel or vessel under construction Article 387. Termination of the mortgage on a vessel or vessel under construction Chapter XXIII. ARREST OF A VESSEL Article 388. Authority to arrest a vessel Article 389. Maritime claim Article 390. Vessel liable to arrest Article 391. Release of a vessel from arrest Article 392. Recurring and frequent arrest of a vessel Article 393. Protection of the shipowner of the arrested vessel Chapter XXIV. SEA PROTESTS Article 394. Sea protest Article 395. Statement of sea protest Article 396. Period of statement of sea protest Article 397. Statement of sea protest with delay Article 398. Statement of sea protest with regard to damage caused to cargo Article 399. Evidence Article 400. Drawing up a sea protest document Article 401. Drawing up of sea protest documents by consular authorities of foreign states Chapter XXV. CLAIMS AND ACTIONS. LIMITATION OF ACTIONS §1. CLAIMS AND ACTIONSS Article 402. Attesting of circumstances which may serve the basis for liability of participants in the carriage of goods by sea Article 403. Claims to the carrier Article 404. Transfer of the right to make claims and bring actions Article 405. Procedure for making a claim Article 406. Time for making a claim arising out of the contract of carriage of goods by sea Article 407. Consideration period of a claim arising out of the contract of carriage of goods by sea §2. LIMITATION OF ACTIONS Article 408. Limitation period for claims arising out of the contract of carriage of goods by sea Article 409. Limitation period for other claims Article 410. Limitation of claims for compensation for damage of oil pollution from vessels and damage in connection with the carriage of hazardous and noxious substances by sea Article 411. Application of general limitation periods Article 412. Suspension of the limitation period in case of general average Article 413. Interest for the use of another person's funds Chapter XXVI. APPLICABLE LAW Article 414. Establishing of law to be applied to relations arising out of merchant shipping with the participation of foreign citizens or foreign legal entities or complicated by a foreign element Article 415. Right of ownership and other property rights Article 416. Legal status of members of a vessel's crew Article 417. Rights to sunken property Article 418. Relations arising out of merchant shipping contracts Article 419. General average Article 420. Relations arising out of collision of vessels Article 421. Relations arising out of causing damage by oil pollution from vessels Article 422. Relations arising out of damage caused in connection with carriage of hazardous and noxious substances by sea Article 423. Relations arising out of salvage of vessel or other property Article 424. Maritime lien on a vessel Article 425. Mortgage on a vessel or vessel under construction Article 426. Limits of the shipowner's liability Article 427. International treaties of the Russian Federation Chapter XXVII. FINAL CLAUSES Article 428. Entry into force of this Code Article 429. Application order of the regulations set out in this Code Article 430. Adjustment of legal acts in conformity with this Code Taken from http://folk.uio.no/erikro/WWW/HNS/rmc.pdf |