SECTION III. Crew of a Vessel.
Chapter 2. Master of a Vessel.
Clause 58. Operating a Vessel.
The Master shall be responsible for operation of a vessel, including navigation, taking all measures required for ensuring sailing safety, preventing environment pollution, keeping the vessel in orderly and tidy condition, as well as preventing the damage to the vessel, crew and cargo.
The Master shall, by virtue of his position, be recognized as the representative of the shipowner and the owner(s) of cargo with respect to actions arising out the needs of the vessel, cargo or voyage as well as claims concerning the property entrusted to him, in absence of other representatives of the shipowner or cargo owner(s).
In case of an accident at sea as well as a damage or loss of cargo or baggage carried, injury to people and other cases wherefrom the claims to the shipowner may arise, the Master shall take all necessary measures and carry out a preliminary investigation to document said cases according to Ukrainian legislation and carry out a preliminary investigation of the accident at sea irrespective of its nature and classification.
Clause 59. Duties of Rendering Assistance to People in Distress at Sea.
The Master shall have, if it does not present a serious threat to those on board and to his vessel, to:
- render assistance to any person found at sea who is in danger of death;
- proceed at a maximum allowable speed to those in distress at sea if it has been communicated that they need assistance and he may render salvage (actions).
The Master shall be liable for non-fulfillment of his obligations (duties) called forth by this Clause in accordance with Ukrainian legislation in force. The Shipowner shall not be liable for Master's non-fulfillment of his obligations to render assistance.
Clause 60. Duties of Rendering Assistance upon Collision of Vessels.
The Master of each of collided vessels shall, as far as he can without a serious threat to his passengers, crew or vessel, render an assistance to the other vessel, her passengers and crew. Masters of both vessels shall, as far as possible, inform each other of the names of their vessels, ports of their registry as well as ports of departure and destination or the nearest port of call.
The Master is liable for non-fulfillment of obligations of rendering an assistance in accordance with Ukrainian legislation in force.
The Shipowner shall not be liable for the Master's non-fulfillment of his obligations of rendering assistance upon vessels' collision.
Clause 61. Duties of Rendering First Medical Aid.
In case a person on board the vessel requires the first medical aid that cannot be provided at sea, the Master shall call at a nearest port, inform the Shipowner thereof and, if calling at a foreign port - the Consul of Ukraine.
Clause 62. Duties of the Master under Threat of War, Raid of Pirates or Threat of Seizure of Vessel.
Under a threat of military danger or pirate acts the Master shall take all necessary and possible measures for saving people on board the vessel and preventing seizure of the vessel documents, cargo and other property on board the vessel.
Clause 63. Rights of the Master for Possession of Firearms.
The Master shall have the right of possessing authorized firearms and using it to ensure his personal safety and safety of people and property on board the vessel in accordance with the procedure and in the limits established by Ukrainian legislation in force.
Clause 64. Actions of the Master under Threat of Loss of Vessel.
If the Master presumes that the vessel is in an imminent danger of perish, he shall, after having taken all measures for saving the passengers, permit the crew to abandon the vessel.
The Master shall be tl'e last to leave the vessel having taken all possible measures for recovering the log book, radio- and engine-room logs, the charts of the last voyage, the documents and valuables.
In case the vessel has perished, wherever the crew may be taken, the Master shall possess his rights and fulfill his obligations concerning the crew.
Clause 65. Keeping Order on Board a Vessel.
The Master's orders, within his authority, shall be unconditionally obeyed by all persons on board the vessel.
In case any person on board the vessel fails to fulfill the orders of the Master, the later shall take necessary measures towards such persons.
The Master shall have the right to take incentive measures as well as impose administrative and disciplinary penalties on crew members, including their removal from performing their duties in the cases and in compliance with a procedure determined by labor legislation of Ukraine.
In case actions of a person on board the vessel are not of a criminal nature, but endanger the safety of the vessel or people or property, the Master shall isolate such a person. The Master is liable for unlawful isolation of said person in a separate compartment or other exceeding of his rights for observing the order on board the vessel in compliance with the Law of Ukraine in force.
Clause 66. Master's Actions Regarding Hire of Crew Members.
No crew member shall be enrolled into the vessel's complement without prior consent of her Master.
Master's refusal to accept in a crew complement the person sent on board by the Shipowner, shall have to be grounded. Said refusal along with an appropriate substantiation shall be concluded in writing and handed over to the Shipowner and the person who has been refused a job.
Clause 67. The Master of the vessel as the officer authorized to commit the process in the criminal proceedings.
If on a vessel is at sea, committed acts punishable under the law of Ukraine on criminal responsibility, the captain of the vessel is authorized to commit the proceedings in the manner prescribed by the criminal procedural legislation of Ukraine and instructions approved by the General Prosecutor of Ukraine in coordination with the central body of the executive power, which provides for the formation and implementation of public policies in the areas of maritime and river transport, and the central body of the executive power, to ensure shaping public policy in the field of fisheries.
The Master shall have the right to detain any person suspected of committing an offence provided for by the criminal law of Ukraine, up to the moment of passing said person over to competent authorities in the first Ukranian port. If necessary, the Master may send said person and the inquest findings to Ukraine by another vessel registered in Ukraine.
In case the offences provided for by the criminal law of Ukraine are committed while the vessel is staying in port, the Master shall pass the suspected person over to competent authorities following the procedure determined by the criminal judicial law of Ukraine.
Clause 68. Actions of the Master on Lack of Victuals.
In case a stock of vital victuals on board, including a permanently kept fixed ration reserve, is exhausted, the Master shall have the right to requisite, for subsequent general distribution, a required amount of victuals being in possession of persons on board the vessel, and a required amount of cargo that can be used for consumption. An appropriate statement of requisition shall be compiled. The cost of requisitioned victuals and cargo shall be reimbursed by the Shipowner.
Clause 69. Actions of the Master in Urgent Need of Money.
In case there is an urgent need of money to continue the voyage, especially for repairs or sustaining the crew, and it is not possible to receive a (money) order from the Shipowner, the Master shall have the right to sell part of the property entrusted to him which is not essential for continuing sailing.
The Master shall have the right to choose such a way of obtaining the money required for continuing the voyage that incurs the least losses to the Shipowner and Cargo Owner(s).
The cost of cargo sold shall be reimbursed to its owner excluding the cases when the losses incurred are considered to be the general average losses or when said sale was done in the interests of the cargo.
Clause 70. Certification of Birth and Marriage.
Each instance of birth and marriage on board the vessel shall be certified by the Master who has to compile a statement in presence of two witnesses and to make a corresponding entry thereof in the vessel's Log.
Said statement shall be passed over to the civil registrar's office in order to obtain an authorized certificate of birth or marriage.
Clause 71. Certification of Will and Death.
The Master shall certify a will/ testament made by a person on board the vessel, deposit and keep one copy of a will thus certified until passing it over to the Captain of a Ukrainian port or the Consul of Ukraine in a foreign port for its subsequent sending to the State Notary Archives or to the state notary office by the permanent residence of the testator.
Each instance of death on board the vessel shall be documented by the Master in a statement in the presence of two witnesses and, should a doctor or doctor's assistant be on board, in his presence as well, and an entry made in the vessel's Log.
The statement of death shall have to be supplemented with a list of property of the deceased found on board the vessel. The master shall take all necessary measures for safe keeping of the property of the deceased.
The Master shall then pass over the statement of death and the list of property of the deceased to the Consul of Ukraine if the vessel calls at a foreign port wherein there is a Consul of Ukraine or to the Shipowner if the vessel calls at Ukrainian port, and arranges the funeral procedure. In extraordinary circumstances, when the vessel stays at open sea for a long time and the body of the deceased may not be safely preserved, the Master shall have the right to bury the deceased at sea, in accordance with sea custom, an appropriate statement being compiled thereof and a corresponding entry made in the vessel's Log.
Clause 72. Relations with Consuls of Ukraine.
Relations of the Master and other members of the vessel's crew with Consuls of Ukraine shall be determined by Consular Agreement of Ukraine.