Code of Customs of Mariupol Sea Port

ANNEX 5. The port`s rights for inspections and sanctions

1. To execute an inspection of a vessel`s condition, conformity of the cargo nboard to the conventional requirements as well as checking of a vessel`s papers, qualification and sanitary certificates of the crew members in accordance with the rules, international and national standards in force. 2. To demand, if necessary, from a ship`s master the execution of practical trainings with the aim of checking the crew`s professional background and participation in salvage operations as well. 3. To detain a vessel by the port Director General`s order ( Clause 80,81, Merchant Shipping Code ), as well as by:
  • the port`s demands to a vessel due to the damages to the port facilities, other property and navigation equipment;
  • the demands of the Ministry of environmental control in connection with violation of the requirements of the Ukrainian law on environmental control;
  • the requests of the third persons possessing the marine demands (claims). The port Director General`s order on detention of a vessel is valid within 3 days till the moment a shipowner provides any sufficient reason or before a vessel`s detention is passed by a judgement of the judicial bodies.

4. The Harbour Master denies a permission for a vessel`s leaving the port in the following cases (MSCU, Clause 91):

  • a) a vessel`s unfitness for sailing, violation of the requirements re-garding her loading, supplies, manning of the crew and other deficiencies that may endanger the safety of navigation or the health of people staying onboard or the environment;
  • b) non-observance of the requirements to a vessel`s documentation;
  • c) non-payment of the established dues, penalties and other charges;
  • d)decisions of the authorized bodies (customs, sanitary and quarantine services, fishing control, environment control and border control troops).

The Harbour Master detains a vessel until the found deficiencies removed or established dues, penalties and other charges duly paid. A shipowner is immediately informed on a vessel`s detention. The expenses connected with a vessel's detention should be borne by a shipowner. In accordance with the Clause 79 of MSCU as well as the Law of Ukraine, dated 13.09.2001 'On introducing the amendments to the Code of Ukraine on the administrative offences and responsibility for infringement of the navigation rules', the Port Director General, his deputies, the Harbour Master have the right to impose administrative penalties for the infringement or violation of the Obligatory Regulations of the port.