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

SECTION II. Vessel (Ship).

Chapter 2. Registration of Vessels and Right for Flag of Ukraine.

Clause 26. State Registry of Vessels.

Ukrainian vessels over which a technical survey is exercised by Classification Societies, shall be entered in the State Registry of Vessels of Ukraine.

Ukrainian vessels that are not subject to inclusion in said Registry, shall be registered in the State Book of Vessels of Ukraine.

A vessel chartered on bareboat contract (Clause 203 of this Code) may, on request of the Charterer, be temporarily, but for a period not exceeding the contract term, entered into the State Registry of Vessels or the State Book of Vessels of Ukraine, provided vessels have not been on the date of chartering entered into another state's Registry of Vessels, and the corresponding entry in another state's Registry has been suspended and the shipowner issued an appropriate certificate.

If a foreign state's legislation provides for entering a vessel in several Registers, this rule may be disregarded.

A procedure of maintaining the State Registry and State Book of Vessels of Ukraine shall be established 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.

Clause 27. Terms of Registration.

A vessel may be entered in the State Registry or State Book of Vessels of Ukraine in one Ukranian port only.

A port of registry may be changed at shipowner's will, in accordance with the rules of item 1 of this Clause.

Clause 28. Vessel's Patent and Vessel's License.

The entry of o vessel in the State Registry of Vessels of Ukraine shall be certified by the Certificate of a Right of Flying the State Flag of Ukraine (Vessel's Patent), and in the State Book of Vessels of Ukraine - by Vessel's License.

An appropriate charge shall be levied for entering a vessel in the State Registry or State Book of Vessels of Ukraine as well as any alterations therein, the sum and procedure of paying above charges being established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport and agreed upon with the Ministry of Economics of Ukraine.

Clause 29. Terms and Consequences of Registration.

From the moment of entering the vessel in the State Registry or State Book of Vessels of Ukraine all earlier entries concerning this vessel in the foreign state Registries shall be considered null and void by Ukraine.

Similarly, Ukraine shall not recognize entering the vessel into foreign state Registry if this vessel has not been excluded, following the established procedure, from the State Registry or State Book of Vessels of Ukraine.

A vessel shall be excluded from said Registry or Book if:

  1. the vessel has been found unfit for further navigation and repairs;
  2. the vessel has lost the right to fly the State Flag of Ukraine;
  3. the vessel perished or is lost without ascertained cause.

Clause 30. Information on Effecting Changes in Vessel's Registries.

Proprietor of a vessel or her Charterer (on bareboat charter contract) shall inform the body whereby the vessel has been registered, of any changes in data that have to be entered in the State Registry or State Book of Vessels of Ukraine within two weeks of effecting these changes.

Clause 31. Liability for Violating the Rules of Vessels' Registering Persons guilty of waiving the obligatory registering of a vessel or entering her in the State Registering or State Book of Vessels of Ukraine with violations of legal procedure, or violating the rule of Clause 30 of this Code, are liable in accordance with legislation of Ukraine in force.

Clause 32.National Identity of a Vessel. Right for Sailing Under the State Flag of Ukraine.

When used in this Code, "Ukrainian Vessel" or "Vessel of Ukraine" shall mean the national identity of a vessel which is liable to Ukrainian jurisdiction.

National identity of a vessel is established by her state registry in Ukraine and the right of hoisting the State Flag of Ukraine.

Right of sailing under the State Flag of Ukraine belongs to the ship which is in state ownership or is the property of a citizen of Ukraine, or a legal person (entity) of Ukraine established solely by Ukrainian owners, or the vessel being in possession of such person on bareboat charter terms.

Clause 33. Acquiring the Right of Sailing Under the State Flag of Ukraine.

A vessel shall possess the right of sailing flying the State Flag of Ukraine from the moment she had been entered in the State Registry or State Book of Vessels of Ukraine and issued a Certificate of her right to fly the State Flag.

A vessel that has been bought abroad shall have the right to fly the State Flag of Ukraine from the moment the Consul of Ukraine issues a provisional (temporary) certificate stating this right. The provisional certificate shall be valid until the vessel is entered in the State Registry or State Book of Vessels of Ukraine, but not longer than one year.

Persons guilty of hoisting the State Flag of Ukraine without having acquired the right for this Flag shall be liable in conformity with established legal procedure.

Clause 34. Temporary Loss of Right to Fly the State Flag by Ukrainian Vessel.

If the proprietor of an Ukrainian vessel passes her to a foreign physical person on conditions of bareboat charter, she may, on agreement with the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport (Ministry of Fisheries and Fishing of Ukraine) temporarily lose the right of flying the State Flag of Ukraine, provided that:

  1. legislation of the foreign state concerned does not prohibit changing flags;
  2. proprietor of the ship agrees to a temporary transfer of the vessel under the foreign flag;
  3. pawnees of the registered mortgages of the vessel agree to a temporary transfer of the vesselunder the foreign flag.

Clause 35. Vessel's Documents.

A vessel shall have the following principal documents:

  • Certificate of the right to fly the State Flag of Ukraine (Vessel's Patent);
  • Certificate of ownership;
  • Certificate of seaworthiness;
  • Certificate of measurement (for vessels subject to survey by a Classification Society);
  • Certificate of minimal crew number;
  • Crewlist;
  • List of passengers on board;
  • Engine-room Log (for vessels with power installation);
  • Sanitary Log;
  • Vessel's Sanitary Certificate (for vessels carrying more than 12 passengers);
  • License for the right to operate vessel's wireless station, Radio traffic Log and other documents required by Radio Exchange Regulations;
  • Loadline Certificate, if the vessel is used for the purposes provided for by items 1,3 of Part 1 of Clause 15 of this Code;
  • Log for registering measures and actions for preventing sea pollution.

The crewlist, passengers list, vessel's Log, radio and engine-room Logs shall be maintained following the forms and procedures established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport, and for fishing vessels - by the Ministry of Fisheries and Fishing of Ukraine.

The Sanitary Log shall be maintained following the forms and procedures established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport, on agreement with the Ministry of Health Care of Ukraine.

Vessels registered in the State Book of Vessels of Ukraine, instead of the documents listed in the 1-st and 2-nd paragraphs of Part 1 of this Clause, shall have the Vessel's Certificate.

Vessels sailing outside Ukrainian territorial waters, shall have in addition the documents provided for by the treaties to which Ukraine is a party.

Clause 36. Exemption in Vessel's Documents.

The vessel engaged in a special state service as well as sports vessel may not have the Certificate of measurement. However, the gross tonnage of the vessel engaged in a special state service may be estimated using a simplified method, an appropriate certificate is to be issuedin substantiation thereof.

The vessel sailing in port or coastal waters only may have no engine-room and sanitary logs except otherwise stated by the rules of maintaining these logs.

Clause 37. Documents of Fishing Vessels.

The fishing vessel 24 or more meters long, besides the documents listed in Clause 35 of this Code, shall have the International Certificate of Fishing Vessel Safety. This rule, however, shall not apply to vessels used exclusively for sports and leisure, processing fish and other sea products, carrying out surveys, training, and studies and carrying fish.

Clause 38. Authorities in Charge of Issuing the Vessels' Documents.

The certificate of the right of flying the State Flag of Ukraine and the Certificate of ownership shall be issued by the Harbour Master of the port wherein the vessel has been entered in the State Registry of Vessels of Ukraine. The vessel's license shall be issued by the body that has registered the vessel in the State Book of Vessels of Ukraine. The certificate of seaworthiness, certificate of measurement, passenger certificate, loadline certificate as well as other documents provided for by the international treaties on safety of navigation to which Ukraine is a party, shall be issued by Classification Society entrusted thereto by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

On permission of the Classification Society, certain categories of vessels may not have the certificate of measurement or loadline certificate.

The license to operate a ship station shall be issued by the National Commission, subject to state regulation in the field of communication and information.

For issuance of the vessel's documents listed in Clauses 35 and 37 of this Code established charges shall be levied, the sum and procedure being determined by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport on agreement with the Ministry of Economics of Ukraine.

Clause 39. Authenticity of Vessel's Documents.

The documents listed in Clause 35 of this Code shall be kept on board the ship as originals except for the certificate of ownership of the vessel and the vessel's license which may be kept on board the ship as notary copies.

Clause 40. Recognition of Vessel's Documents of Foreign Vessels.

Recognition of the certificate of seaworthiness, certificate of measurement, passenger certificate, wireless station license and loadline certificate of the vessels flying a foreign flag and calling at Ukrainian ports shall be made on the basis of international agreements to which Ukraine is a party.

The vessel flying the flag of a foreign state and having, when calling at Ukrainian ports no documents listed in the first part of this Clause, shall be subject to obligatory inspection with determination of gross tonnage, passenger capacity, minimum freeboard, as well as a survey of her wireless station on the same basis as the vessels flying the State Flag of Ukraine.

When there are any doubts over the observance of the requirements on navigation safety by any ship flying a foreign flag when calling at Ukrainian ports, irrespective of the presence of any documents, she may be subjected to inspection as part of the technical survey on the same basis as for vessels flying the State Flag of Ukraine.