Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION II. Vessel (Ship).

Chapter 1. General Provisions "Vessel" ("Ship").

Clause 15. Definition of "Ship" Notion.

When used in this Code, the "vessel" ("ship") means a self-propelled or non-propelled craft or object used for:

  1. carriage of cargoes (goods), luggage and mail, for fishing and other sea trade, exploration and extraction of minerals and raw materials, salvage of people and vessels in distress at sea, towing other craft and floating objects, performing hydro technical works or raising ships and/or property sunk at sea;
  2. performance of special state duties (guarding fishing grounds and zones, sanitary and quarantine services, sea pollution control, etc;
  3. scientific, educational and cultural purposes;
  4. sports activities;
  5. other purposes.

When used in this Code, the "Fishing Vessel" means any merchant vessel (craft) used for fishing and other sea trades. Fishing equipment (gear) shall be considered an integnal part of the fishing vessel Marine casualties involving damage to fishing gear incurred by other vessels shall be deemed as collision o vessels at sea.

When used in this Code, the "Nuclear Powered Vessel" mean any vessel propelled by nuclear propulsion plant.

Clause 16. Forms of Vessel's Ownership.

All forms of ownership shall be applicable to Ukrainian vessels, if it is not otherwise provided for by the Laws of Ukraine.

Nuclear-powered vessels shall be owned by the state only.

Clause 17. Alienation of State - Owned Vessels.

Alienation of a vessel being in state ownership of Ukraine in favor of a foreign state, a foreign legal or physical person shall be regulated by the legislation of Ukraine in force.

Clause 18. Immunity of State Vessels of Ukraine from Legal Procedures.

No detention may be imposed unto or penalty exacted upon vessels being in state ownership without consent of the body exercising management of state property, if these vessels are used exclusively for performing state duties (service).

Clause 19. Property Rights for the Vessels That are Under Construction or Located Outside Ukraine.

Right of ownership for a vessel that is being built shall be established by the Law of the state where the vessel is located, if it is not otherwise provided for by the contract for vessel's construction.

Right of ownership and other property rights for vessels located outside Ukraine as well as origin, amendment and cessation of said rights shall be governed by the Law of the flag state.

Clause 20. Definition of "Shipowner" and "Proprietor" ("Owner") of the Ship.

When used in this Code, the "Shipowner" means a legal or physical person operating the vessel on his behalf, irrespective of the fact whether he owns the vessel or uses her on other legal grounds.

Proprietor of the shi p is a subject of property rights or a person exercising these rights as to the vessel alloted to him, these rights being subject to regulation by the rules of property rights.

Clause 21. Vessel Identification.

The vessel must possess her own name, it being determined by the proprietor of the vessel. Any vessel possessing the communications equipment is allotted a call signal and, depending upon her engineering outfitting, with an identification number of vessel's satellite communications station, and selective call number of vessel's wireless station.

The procedure of naming the vessel, identification number of the vessel's satellite station, call sign and selective call of the ship station is determined by the central body of the executive power, which provides shaping and implementing the state policy in the field of maritime and river transport, and the National Commission, subject to state regulation in the field of communications and information.

Clause 22. Technical Surveys over Sea-Going Vessels.

Technical survey over sea-going vessels is performed, irrespective of their form of ownership and vessel's proprietor, by Classification Society by choice of the shipowner.

The Classification Society shall exercise technical survey over:

  1. passenger and tank vessels, vessels designed to carry dangerous cargoes as well as tugs, irrespective of their main engines' power and gross tonnage;
  2. self-propelled vessels not mentioned in item 1 of this Clause equipped with main engines developing 55 KWt power and more;
  3. self-propelled vessels not mentioned in items 1 and 2 of this Clause with gross tonnage 80 units and more.

A technical survey over vessels that are not liable for survey of a Classification Society, depending upon their gross tonnage and main engines' power, is effected according to the procedure set by the central body of the executive power, which provides for the formation and implementation of state policy in the field of maritime and river transport.

Supervision over observance of requirements of international treaties to which Ukraine is a party, on board the vessels, is effected by a Classification Society entrusted with the task by the Government of Ukraine.

Clause 23. Access of Vessel to Sailing (Navigation).

A vessel may get a permit for navigation only when it is established that she complies with the requirements of shipping safety, safety of human life at sea and environmental control.

Clause 24. Access of Inland Waterways Vessels to Sailing at Sea.

A Classification Society shall determine the requirements that are to be met by inland waterways vessels of Ukraine sailing at sea as well as the boundaries of sea sailing areas thereof.

Clause 25. Entry of Nuclear-Powered Vessels into Territorial Waters of Ukraine.

Nuclear-powered vessel is free to enter Ukrainian territorial waters on the following conditions:

  • a) if the port concerned is declared accesible for nuclear-powered vessels;
  • b) if the information about the safety of the vessel filed before the central body of executive power, which provides shaping and implementing the state policy in the field of maritime and river transport, and the central body of executive power, which provides shaping and implementing the state policy in the field of the safe use of nuclear energy;
  • c) if the central body of the executive power, providing the establishment and implementation of the state policy in the field of maritime and river transport, and the central body of the executive power, providing the development and implementation of state policy in the field of the safe use of nuclear energy, it does not prohibit entry.