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

SECTION IV. Sea Port.

Chapter 2. Harbor Master.

Clause 86. State Survey over Navigation in Port.

The state survey over navigation in port shall be effected by the Harbour Master of the sea merchant/sea fishing port subordinated to 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 and heading the State Port Survey Inspection. Harbour Master of the sea merchant/sea fishing port shall act in agreement with Regulations of the Harbour Master of the sea merchant/sea fishing port approved by the Ministry of Transport /Ministry of Fisheries and Fishing of Ukraine. State Port Survey Inspection shall be set up by the Ministry of Transport/Ministry of Fisheries and Fishing of Ukraine and act in accordance with Regulations of the State Port Survey Inspection (thereafter referred to as Inspection) approved by said Ministries.

In sea ports the Harbour Master and Inspection headed by him are incorporated into the port structure.

In sea merchant and fishing ports having water areas adjacent to other specialized sea ports and fishing ports an integrated Inspection shall be formed headed by the Harbour Master of the sea merchant port.

Clause 87. Appointment of Harbour Master.

The Harbour Master of the sea merchant/sea fishing port shall be appointed by the Ministry concerned.

Clause 88. Functions of Sea Port Harbour Master.

The Harbour Master shall be entrusted with performing the following duties:

  1. survey over observance of acting legislation and shipping regulations as well as international treaties to which Ukraine is a party;
  2. entering vessel to the State Registry/State Book of Vessels of Ukraine and issuing vessels' documents unless otherwise stated by the acting legislation of Ukraine;
  3. issuing the documents indicated in Clause 51 of this Code;
  4. cheking-up vessels' documents as well as diplomas and qualification certificates;
  5. issuing Certificates of a seaman to persons included in the vessel's crew;
  6. survey over the observance of the rules and instructions of the procedure of calling at and leaving the port;
  7. survey over observance of the regulations of preventing environment pollution;
  8. documenting of vessels' calls at the port and departures thereof;
  9. management, survey and check-up of the pilot service and vessel traffic control service;
  10. arrangement and survey over ice pilotage in the port approaches and in port water area;
  11. issuing permits for raising sunk property as well as construction, hydro technical and other works within port water and land area;
  12. documenting, accounting and investigating marine accidents (casualties) at sea.

Investigation of marine incidents shall be carried out in accordance with the procedure determined by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Clause 89. Authority of Harbour Master.

The instructions and orders of the Harbour Master on the issues of shipping safety and order in the port, within his competence, shall be obligatory for all vessels, legal and physical persons located at port territory and in port water area. Said orders may be cancelled only by the Ministry of Transport Ministry of Fisheries and Fishing of Ukraine.

The Harbour Master shall have the right of imposing administrative penalties for violations of the acting legislation, shipping safety requirements and order in the port, in accordance with the legislation of Ukraine in force.

Clause 90. Inspection of Vessel.

Each vessel prior to departure from the port shall be inspected by the Inspection with an aim of check- ing-up vessel's documents, the compliance of said documents with her principal characteristics as well as checking-up the observance of requirements to manning the vessel.

In case vessel's documents are missing or there exist sufficient grounds to presume that she does not fulfil the shipping safety requirements the Inspection may inspect her.

To check-up and provide for elimination of defects precluding an issue of permission for leaving the port, the Inspection may carry- out a check-up inspection of the vessel.

Rules of vessels' inspection for ensuring shipping safety shall be determined by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport in agreement with the Ministry of Fisheries and Fishing of Ukraine.

Clause 91. Placing a Ban on the Vessel's Leaving the Sea Port.

Each vessel shall, prior to leaving the sea port, get a permission to do so from the Harbour Master. The Harbour Master shall have the right to deny said permission in the following cases:

a) the vessel is unfit for sailing; the requirements regarding her loading, supplies, manning the vessel have not been met; other deficiencies and drawbacks of the vessel that may endanger the safety of navigation or the health of people staying on board the vessel, or the environment;

b) non-observance of the requirements to vessel's documents;

c) established dues, charges and penalties have not been duly paid;

d) decision of the state authorities concerned (bodies of income and fees, sanitary and quarantine services, fishing control bodies, Ministry of the environment control and nuclear safety of Ukraine, border control troops). The Harbour Master shall have the right to detain the vessel on the grounds indicated in the second part of this Clause until the deficiencies found are removed or established dues, penalties and other charges are duly paid.

In case said deficiencies cannot be removed on the spot, the vessel shall be given an opportunity to proceed to the nearest ship repair yard/plant. The Shipowner shall be immediately informed of the detention of the vessel.

The expenses connected with the fulfillment of the Harbour Master's rights stipulated by this Clause shall be borne by the Shipowner.