Changing the port of registration of the vessel. Legal status of a sea vessel What is a home port

Whatever brings you to our page, a accidentally clicked link, a search engine, idle curiosity or necessity -

We welcome you dear visitor!

So, since you did not enter through the entrance for professionals, you honestly admitted to yourself and to us that you are a UNKNOWER. It's not a problem - right? We are all know-nothings - just in different areas :)

However, what kind of ignorant are you? If you own a bicycle, then you are already familiar with the basic knowledge of a mechanic - wheel, bearing, shaft, chain, gear, crank, spring, what else? All that remains is to get acquainted with the purely MARINE features of our craft.

What is this page that you will find here. Let's try to help figure this out. Much of what you find on the full page will rightly seem boring and uninteresting to you. Some purely professional rants. But there is also something for the curious.

To begin with, so that the words do not hurt your ears and do not lead to confusion, look into the small DICTIONARY. In addition to clever or humorous explanations, you will find here some very childish and frivolous ones - but we hope they are all equally useful.

MINI DICTIONARY OF NON-ZNAYKA WITH THE NECESSARY ADDITIONS

First, remember a couple of basic concepts, and then no one will immediately notice that you are a stranger.

First - VESSEL, is not SHIP. Because a ship is a “military vessel”, and a ship is a “merchant, cargo ship”. It's clear? In truth, sailors don't like the word "ship". Have you guessed why? That's why sailors say - . Although this is not always correct (see dictionary)

And secondly, ships, ships and sailors do not SAIL, but WALK. So to the question “Do you swim?” The rude answer may sound like this: “Shit floats, but a sailor walks!”

And one more thing - they always say “went to sea” or “went on a voyage”

CPU- central control station. Well, it’s almost like being in a spaceship :) Or rather, in it. From here His Majesty and all the rest are governed.

Tokarka- this is a workshop in which there is a lathe and next to it there is a turner who sharpens on the lathe. Here it is absolutely necessary to explain that round parts are sharpened on a LATHE, but knives and scissors are sharpened on a SHARPENING machine. Already confused?

Smoking room- here they relax, smoke, joke and generally communicate. The smoking room is practically a communication center for the crew, a club, a forum, if you like. This is one of the most useful places on the ship for the development of Dunno. But they can also joke here.

If you want, you can get to know the authors a little better

You can communicate with sailors and others at one of the Forums.

What does the flag under which a yacht goes to sea mean? The flag on the stern of the yacht represents the state where the authorized executive body registers the yacht, which complies with the Code of Norms and Rules for Mariners adopted by this registrar. As a rule, the Code of Practice corresponds to the British Large Yacht Commercial Code and does not contradict the documents of the International Maritime Organization (IMO) on navigation safety and environmental protection. The registrar of the yacht, under whose flag it will sail, monitors compliance with its Code of Requirements in the territorial waters of the home state and is responsible for the vessels of its registry that are in international territorial waters. A registered flag is the basis for issuing the necessary certificates and permits for seafarers.

The yacht owner is not limited in choosing the yacht's registrar, and, consequently, the flag and port of registration of the vessel. Therefore, it is important to choose the “right flag” and place of registration of the yacht.

There are several so-called “white lists” of yacht/flag registrars around the world. These lists include registrars with a good international reputation, acquired through their high-quality control of the shipping and environmental safety of ships and monitoring compliance on ships with the codes of rules and regulations for seafarers, as well as through the provision of administrative and technical support by the registrars to members of their registry.

“White lists” were adopted within the framework of memorandums of understanding regarding the control of ships assigned to the port of the state (Memorandum of Understanding on Port State Control). There are the Paris and Tokyo Memorandums that define the new inspection regime, as well as the high standards of the United States Coast Guard (USCG Qualship 21).

However, there are also so-called “non-compliance flag” lists that have arisen due to violations in the industrial shipping environment. It is known that today a third of the tankers of the international oil flotilla have poor navigation safety records, as a result of which the flags of the states under which they are registered are included in the lists of “non-compliance flags”, and they are under pressure from international organizations to protect the safety of navigation and the environmental environment.

The prestige of the flag guarantees high control over compliance with standards and safety rules on the ship by the registrar, and therefore increases the owner’s confidence in his ship. However, when choosing a registrar, you should not be influenced by myths and know that: the ship’s registrar does not provide tax benefits; the flag registrar must find out the ultimate beneficiary of the vessel and will not register the vessel under a fictitious owner; the owner will not be able to register a vessel with technical aspects that do not meet the standards of navigational and environmental safety, as well as maintenance standards.

The requirements of all major yacht registries comply with the standards and rules generally accepted in international maritime practice: SOLAS, MARPOL, MLC 2006, COLREG, STCW - so the flag registration conditions for all registrars are very similar.

At the same time, there are nuances that you should pay attention to when choosing a yacht/flag recorder. If the yacht belongs to a company registered in an offshore territory where there is a flag registrar, then it is easier to register the yacht under the flag of this registrar, i.e. at the place of registration of the final beneficiary. This will reduce costs by approximately €1000 per year due to the savings on an intermediary representing the owner in another country where the owner would like to register his yacht without being a resident.

Since formally there is no particular difference between the registration conditions of various yacht/flag registrars, you can concentrate on the design of the flag and the choice of home port, which will then eloquently emphasize the advantages of your yacht under its name...

Of all the yacht registries, it is preferable to choose one of three options: the Red Ensign Group, the Marshall Islands and Malta.

Red Ensign Group (REG) is the largest yacht registry. According to yacht industry experts, about 80% of the yacht fleet is registered under the Group’s flags. REG has gained its prestige thanks to its commitment to deep seafaring traditions and high standards quality and safety. Works in the Group a large number of highly qualified surveyors who consistently adhere to the values ​​of REG and the Large Yacht Commercial Code, approved by the International Maritime Organization (IMO), as an equivalent substitute for certain maritime conventions (Load Line, SOLAS and STCW Conventions).

The Red Ensign Group includes registrars from the UK, Crown Territories (Isles of Man, Guernsey and Jersey) and UK Overseas Territories (Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, St Helena and Islands Turks & Caicos). Any ship registered in these territories is a "British ship" and is entitled to fly the REG flag.

There are two categories of REG registries:

Category 2 - commercial ships and yachts are registered in it, with a tonnage of up to 150 gross registered tons (this limit can be extended to 400GRT in agreement with the UK); and ships that are not used for commercial purposes, with a tonnage of up to 400 GRT.

According to Denis Perevoznikov, manager of motor yacht projects, compiled on the basis of http://www.world-register.org/, the picture of registration of yachts under various flags is as follows:

Flag Recorder: Bermuda

Home port: Hamilton. There are approximately 36 yachts over 24 meters in length flying the Bermuda flag. The most famous are A and Eclipse.

Flag Registrar: British Virgin Islands

Home ports: Road Harbour, Gorda Sound and White Bay. The British Virgin Islands register includes 19 yachts over 24 meters in length. The most famous yacht is Dynasty.

Flag Registrar: Cayman Islands

Home ports: George Town, The Creek, Bloody Bay. This is the most popular flag in the yachting community. There are 597 yachts registered under it, more than 24 meters long.

Flag recorder: Gibraltar

Home port: Gibraltar. There are 16 yachts on the Gibraltar registry, over 24 meters in length. Most of The yacht was built at the Kaiser Werft shipyard.

Flag Recorder: Isle of Man

Home ports: Douglas, Castletown, Peel, Ramsey. This is the second most important flag in the yachting environment, which flies at the stern 125 luxury yachts, length from 24 meters. The most famous representatives are the Azteca and Baton Rouge yachts.

Flag Registrar: Marshall Islands

The set of standards and rules of the flag registrar corresponds to the Large Yacht Commercial Code.

Home ports: Bikini, Jaluit. About 70 yachts more than 24 meters long sail under the flag of the Marshall Islands. The most famous yachts in the registry are Big Fish and Star Fish.

Flag Registrar: Malta

The registrar's own set of standards and rules, located in the EU, complies with the Large Yacht Commercial Code. It is the largest flag registrar in the EU and is included in the “white list” of the Paris Memorandum.

Home port: Valetta. There are 92 yachts registered under the flag of Malta, over 24 meters in length. Among them, the famous “Maltese Falcon”, Zefira, Exuma.

Behind last years The demand for boats and yachts in Ukraine has increased significantly. Small shipbuilding, which provides yachting, is one of the branches of Ukrainian industry, the products of which can reach the world level relatively quickly and without exorbitant costs.
Over the past 10 years, many enterprises have appeared that focus on the technical support of yachts (their construction, supply of equipment, repairs, operation, etc.).
Organizing yacht trips is a relevant and profitable topic for the commercial use of a watercraft.

Ways to purchase yachts. Documenting.
Possible options for purchasing yachts:
- self-construction
- purchase of existing new yacht or a used yacht
- purchase of a yacht to be built

Upon purchase, the buyer is given a bill of sale, which is a one-sided document signed by an authorized representative of the seller of the yacht, and which performs three main functions:
- legalizing the transfer from the seller to the buyer of all rights and legal interests regarding the yacht
- confirmation of receipt of payment for the yacht
- a guarantee that at the time of sale the yacht is free from any kind of encumbrance (mortgages, maritime claims, charters)

The acquisition of ownership of such a complex and expensive object as a yacht must be legalized by an agreement. There are two types of applicable agreements: a contract and a purchase and sale agreement. They correspond to the main options for purchasing a yacht.

It is also possible to conclude a joint activity agreement (essentially a simple partnership agreement) in cases where an entrepreneur does not have enough money to purchase a yacht, its maintenance, and he decides to combine his funds with the funds of other persons who are also interested in purchasing such a vessel. Under a joint activity agreement, participants (partners) undertake to act together to achieve a specific goal without creating a legal entity. This goal may be the acquisition and further operation of a yacht. The price of the yacht is determined between the participants in accordance with their capabilities and mutual agreement. It is proposed that the shares of all participants be equal. As a contribution to the purchase of a yacht except Money can be considered as a contribution of special knowledge, skills, business connections, which will facilitate the purchase, make it cheaper or otherwise make it more accessible. A general shared ownership, unless otherwise provided by agreement or law. Thus, each participant in the project is the owner of the yacht, and his property rights are protected by law.

Participants can own, use and dispose of such property only with general consent; if it is impossible to achieve this, the mode of use of the yacht can be determined by the court at the request of one or more owners. Each participant in a simple partnership has the right to get acquainted with all documents related to the conduct of business, and it is impossible to deny such a right.

If one of the participants in a simple partnership enters into an agreement on behalf of all participants in the partnership and in their interests, he has the right to compensation for expenses incurred in connection with the conclusion of such an agreement. Participants can authorize one of them to carry out transactions.

If a transaction on behalf of the partnership is concluded by one of its participants in excess of their powers, no special consequences are expected for the third party. A negative consequence of such a transaction may be its recognition as invalid in cases where it is possible to prove in court that a third party was notified of the conclusion of the transaction in excess of authority. Any of the participants in the partnership who suffered losses as a result of concluding this transaction has the right to compensation.

During the commercial operation of the yacht (for the purpose of making a profit), all participants are jointly and severally liable with all their property for any obligation that arises in connection with the operation of the yacht. The profit that the yacht brings to the participants is distributed in the same way as losses - in accordance with the size of the partner’s share in the right of common ownership, unless otherwise provided by the rules of the simple partnership agreement.
After termination of a simple partnership agreement, all partners become jointly and severally liable for unfulfilled obligations to third parties.

State registration of yachts

Registration of a yacht is granting the vessel the right to sail under the flag of any state (i.e. determining the nationality of the yacht), as well as registration of ownership and other procedures.

Registration means that the government of the state whose flag the yacht will fly has carried out:
- checking the legal aspects of the acquisition and technical condition of the yacht
- ensured that they fully comply with their national and international requirements
- testifies to this to all interested parties

Any state, even one that does not have access to the sea, has the right to grant ships the right to fly its flag.

Conditions for state registration vary depending on different countries Oh. The space occupied by the yacht is considered part of the territory of the country under whose flag the yacht has the right to navigate. The flag state receives sovereign rights in this space, and the authorities of this state receive corresponding competence, which also means that certain responsibilities of the state and its authorities arise in the space occupied by the yacht. The legal order of the flag state is established on the yacht.

State ship registers are:
- “national” (or “closed”), registering ships that belong only to residents - individuals and legal entities (for example, Ukraine)
- “open” - providing the right to register a vessel (yacht) to everyone (for example, Panama, Belize, British Virgin Islands)

There are no legal provisions in international maritime law that directly indicate the need to register a ship. Theoretically, a vessel (yacht) can be unregistered in any ship registry and have no national affiliation. Such a ship cannot be automatically recognized as a pirate or guilty, but this ship will only feel safe on the high seas.

The absence of a national flag on the mast signals that no state in the world community controls this vessel, does not protect it, and does not indicate that this vessel technically and legally complies with existing standards. This vessel (yacht) will actually be outside the law.

When choosing the country of registration of your yacht, you should be guided by the following reasons:
. financial - from the cost of registration and re-registration of the yacht to the new owner, ending with the amount of tax on salary payments to the staff of your yacht
. operational - the possible need for the yacht to be present during registration, as well as the possible need to undergo all kinds of checks required by law
. international legal - participation of the state in all kinds of bilateral and multilateral treaties to avoid double taxation, provide favorable treatment in maritime transport, etc.

State registration of a yacht on the territory of Ukraine

Possible options when registering:
1. If you, a citizen of Ukraine, with your own funds want to purchase a yacht that has already been brought by someone to Ukraine or built in Ukraine, or a Ukrainian enterprise wants to make a yacht at its own expense, then the issue of registration does not raise any doubts.
2. If you decide to purchase a yacht abroad, or if the buyer or customer of the yacht under construction is your company registered abroad (possibly even in an offshore zone), then the possibility arises (sometimes a strict necessity) to register the yacht not in Ukraine.

For example:
. if a yacht is bought by a citizen and honest taxpayer of Ukraine in Ukraine, the price must include value added tax (VAT)
. if a citizen of Ukraine buys a yacht abroad and imports it into the territory of Ukraine for its subsequent registration, it will be necessary to pay all customs duties associated with the import of an expensive object of sale. Import-related payments are significant amounts.

State registration of a yacht in offshore jurisdictions

This type of registration is one of popular types for ships and aircraft.
Such registration opens up new opportunities for ship owners and has many advantages, namely:

. Confidentiality
The vessel is registered in an offshore zone confidentially and the owner has the opportunity to reduce risks in the event of active competition or other struggle.
Confidentiality avoids problems associated with various lawsuits. For example, to sue a ship registered offshore, the plaintiff must comply with the jurisdiction of the country where the ship is registered, which is quite problematic for most.
Thus, the confidentiality of the registration of a sea vessel is a good protection from competitors and unpleasant situations.

. Tax reduction
Exists great amount offshore zones, where taxation on registration and ownership of sea vessels is at a fairly low level.
An owner who has a vessel registered in an offshore zone has the opportunity to avoid paying taxes related to the income that was received as a result of the use of the vessel. In some cases, it is even possible to avoid customs duties and value added tax.
For example, in British Virgin Islands there is absolutely no tax liability in case of income received from the commercial use of the vessel or its sale (the income does not have to be related to the islands themselves, and only small vessels can be registered)

. Simplification of bureaucratic procedures
In many countries, the registration system and other processes associated with the ownership of sea vessels do not require much effort and time. Combined with low taxation, this allows for even greater efficiency, both in business and beyond.
For example, when transferring ownership of a marine vessel, you can practically avoid taxation and reduce all bureaucratic procedures to a minimum.
Requirements and documents for registration of sea vessels in offshore zones are very diverse and depend on many parameters. To have an initial idea of ​​these requirements and documents, you can consider several examples.

Yacht registration in the British Virgin Islands

Necessary procedures and documents for registration:
. yacht assessment - must be carried out by one of the recognized world societies that has the appropriate authority or its representative (in this case, a package of additional documents is required)
. a special statement that reflects some information (for example, name) about the ship and its owner
. selection of a representative, who may be either local, and a legal entity. This representative needs to prepare a whole list of documents that must meet certain requirements, for example, the language for filling out documents must be English
. receiving a Carving and Marking Note is a document that confirms that certain parameters of the vessel meet established criteria (obtaining it does not cause any particular difficulties during registration)
. obtaining permission for a radio signal (filling out special documents depending on the type of equipment located on the ship). The equipment must meet certain parameters required for different types ships. Three documents must be provided: a marine license, a special form for the operator's radio and a form of signals used in emergency situations.
. issuance of a vessel registration certificate (Blue Book)

Before the registration procedure, it is necessary to draw up a clear plan for the use of a sea vessel, including the following points:
- functional purpose
- countries with which this aircraft will contact
- features of these countries and trade operations in these zones
- choice of flag, which will determine the possibility and ease of carrying out certain operations related not only to the direct activities of the aircraft, but also to the transfer of rights or change of owner
-the company’s development plan should be thought out several years in advance so that there are no problems with expanding the scope of use of the board
- careful long-term planning of the company’s work

Registration of a yacht in the Panama Register

The Government of Panama is one of the active members of the International Maritime Organization (IMO), which ensures active international cooperation in the field of international maritime law and compliance with international maritime regulations.

Panama is also “advantageous” for registration because it has an open registry of ships - this means that a resident of any country can register his ship in this state (moderate registration fees; no taxes on the sale of yachts; no duties on profits from foreign maritime commercial actions; no restrictions regarding the ownership or age of yachts, which can be registered by any person regardless of citizenship or place of residence.)
Panama is a country with a stable economic and political situation.
The rules for registering yachts under the Panama flag comply with the provisions of generally accepted international maritime conventions. The Panama Registry, which began in 1925, is the largest and oldest publicly available shipping registry.

Irrefutable advantages of choosing to register a yacht in Panama:
. no restrictions regarding the citizenship of the yacht owner
. open nature of the ship registry (Panamanian Shipping Bureau - Merchant Marine Directorate General
. abroad, documents for the ship are registered through the Consulate of Panama; There are specially appointed Consuls of the merchant fleet of Panama - Merchant Marine Consules, who have the right to issue official temporary navigation licenses, radio communications permits, and also provide services for collecting taxes and fees
. no need to provide a Surveyor Certificate on the technical condition of the yacht (Certificate of Survey)
. income received by ships is not taxed
. Panama is a global financial center (more than 100 banks from different countries), which greatly facilitates shipping operations
. The country's legislation ensures the strictest preservation of banking and financial secrecy
. Panamanian legislation provides for the so-called “dual registration” (bareboat charter), that is, ships registered in other countries of the world can be included in the Panama registry, provided that the legislation of such other state provides for such registration. The same applies to cases where a ship is registered in Panama, it can be simultaneously registered in another state
. Since 1995, Panama has significantly reduced government fees and fees for registering ships.
. in some cases there is no requirement to legalize documents required for registration, which significantly speeds up this process
. “humane” approach in relation to the wear and tear of yachts:
- yachts that have served for no more than 20 years can be registered as usual
- yachts over 20 years of wear and tear can be registered based on the conclusion of a special inspection
. availability of permanent and temporary registration

Sailing of yachts registered under the flag of Panama in the territorial waters of Ukraine
The legislation of Ukraine allows “parallel registration” of yachts (as well as all other vessels) on the basis of a bareboat charter agreement (freight agreement) for the period of validity of such an agreement.
Parallel registration is carried out by captains of sea and river ports of Ukraine by entering the vessel into the State Ship Register of Ukraine. In case of parallel registration, the name of the vessel must be maintained in accordance with the primary registration. After such registration, the vessel has the right to “fly” under the flag of Ukraine without any obstacles.
To carry out such double registration, the charterer must submit the following documents:
. copy of the freight agreement (bareboat charter agreement)
. written permission from the shipowner to carry out parallel registration of the yacht
. written permission from the state of registration of the vessel to carry out parallel registration
. a document confirming payment of the fee for state registration of the vessel in the Register
. documents for the vessel provided for by the current legislation of Ukraine (Article 35 of the Merchant Shipping Code), namely:

1. certificate for the right to sail under the flag of Ukraine (ship patent)
2. certificate of ownership of the yacht (in this case, the title document is the charter agreement)
3. classification certificate
4. measurement certificate
5. crew list
6. list of passengers on the yacht
7. logbook
8. sanitary certificate
9. passenger certificate (if the yacht carries more than 12 people)
10. radio license

Yacht registration in British Flag countries
The prestigious and attractive commercial maritime flag of Great Britain is issued by its dominions: the Cayman Islands, Bermuda, Turk and Caicos, British Virginia ( Caribbean region), Isle of Man, Gibraltar in Europe.

Specific requirements of this flag:
. only a few Classification Societies are recognized (the Russian Maritime Register of Shipping and the Polish Shipping Register are not included in this list)
. availability of a captain with an English diploma
. The age of the vessels varies in each territory, with an average of 20-24 years.
As a rule, only a company from Britain or the dependent dominions of Great Britain can be a shipowner, which is not an obstacle, since these territories are the places of registration of offshore companies. Prices in each such territory are different. National composition crew is not limited.

Commercial use of yachts. Licensing
Commercial use of a yacht, namely the provision of services in the field of passenger transportation by sea and river transport, requires an appropriate license.
The main documents regulating this area are:
- Law of Ukraine “On licensing of certain types economic activity»
- Resolution of the Cabinet of Ministers of Ukraine “On approval of the list of licensing authorities”
- Orders of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship, the Ministry of Transport and Communications
In accordance with the requirements of the current legislation of Ukraine, licensing of passenger transportation by sea and river transport is carried out by the State Department of Maritime and river transport Ukraine (Ukrmorechflot). Ukrmorechflot also monitors compliance with license conditions by licensees.
The legislation of Ukraine provides for liability for non-compliance with license conditions. Having decided to engage in such a business, it is necessary to consult with a specialist in such fundamental issues as:
- choice of jurisdiction for the yacht
- method of acquiring it

Normative base:
. Law of Ukraine “On licensing of certain types of economic activities”
. Resolution of the Cabinet of Ministers of Ukraine “On approval of the list of licensing authorities” dated November 14, 2000
. Order of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship, Ministry of Transport and Communications No. 11 /50 dated January 30, 2002
. Order of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship, Ministry of Transport and Communications No. 131/975 dated December 15, 2003
. Regulations on the “Sports Sailing Vessel Certificate”
. Draft rules for sailing yachts in inland waters and in the territorial sea of ​​Ukraine
. Law of Ukraine “On Tourism”
. Law of Ukraine “On the State Border of Ukraine”
. Customs Code of Ukraine
. Merchant Shipping Code of Ukraine
. Water Code of Ukraine
. Decree of the President of Ukraine “On the main directions of tourism development in Ukraine until 2010” dated August 10, 1999 No. 973/99
. Resolution of the Cabinet of Ministers of Ukraine dated July 27, 1998. No. 1147 “On Border Regime”, as well as the “Convention on Facilitation of International Maritime Traffic” dated 04/09/1965. London, Great Britain.
. Rules for registration of civil aircraft in Ukraine
. Rules for accounting for ultra-light aircraft and amateur-built aircraft

Approximate list of documents to be amended

port of registration of a ship registered in the RMRS

General information

The sea port of registration of the vessel can be changed based on applications from the owner of the vessel (Russian charterer of the vessel) sent to the captain seaport registration and the captain of the new seaport of registration of the vessel.

When changing the seaport of registration of a vessel, the captain of the previous seaport of registration of the vessel sends, in accordance with the established procedure, the captain of the new seaport of registration of the vessel, the register of the vessel and the ship's file. In this case, a corresponding entry is made in the “Special Notes” column of the Russian International Register of Ships.

The owner of the ship must inform the mortgagee of the registered mortgage or other encumbrance of the same nature on the ship about the upcoming change in the sea port of registration of the ship and obtain the appropriate consent.

The captain of the new seaport of registration, who has received the ship's register and the ship's file, assigns the vessel a new serial registration number and enters all the information contained in the Russian International Register of Ships maintained in the previous seaport of registration of the ship into the Russian International Register of Ships maintained in the new seaport vessel registration.

The captain of the new seaport of registration of the vessel must inform the captain of the previous seaport of registration about the completion of the vessel registration procedure. Upon receipt of this message, the captain of the previous seaport of registration of the vessel makes an entry in the Russian International Register of Ships indicating the new seaport of registration and the new serial registration number vessel.

Along with the application for changing the seaport of registration of a vessel registered in the Russian International Register of Ships, the captain of the new seaport of registration of the vessel is presented with a document confirming payment of the state fee for registering the vessel and for issuing a Certificate of Ownership of the vessel and/or a Certificate of the right to navigate under the State flag of the Russian Federation in the previous seaport of registration.

Changing the seaport of registration of a vessel registered in the Russian International Register of Ships is permitted within the seaports, the list of which is approved by Government Order Russian Federation No. 583-r dated April 25, 2006.

List of documents

3. Identity document of the applicant

5. Documents confirming the authority of the representative of the owner (charterer) of the vessel

6. Document confirming payment of state duty:

For registration of the vessel in the Russian International Register of Ships

For the issuance of a Certificate of Ownership of the vessel and/or

For issuing a Certificate of the right to sail under the State Flag of the Russian Federation

(at the previous seaport of registration of the vessel)

7. Consent in writing of the person in whose favor the corresponding restriction (encumbrance) of rights has been established

8. Certificate of ownership of the vessel (and its copy certified by the captain of the seaport) Certificate of the right to sail under the State Flag of the Russian Federation and Certificate of registration of the vessel (confirmation of registration of the vessel) in the Russian International Register of Ships (previously issued when registering the vessel in the Russian International register of ships, Captain of the previous seaport of registration of the vessel).

Registration of a ship is a legal act of recognition by the state of the emergence, limitation, transfer or termination of rights to the ship and serves as the only evidence of the existence of registered rights. These rights can only be challenged in court.

Registration of a ship in the ship register is regarded as one of the forms of state supervision over ships flying the national flag. Registration is used to control the moment a particular vessel acquires the right to sail under the flag of a given state, compliance with the legality and legitimacy of the alienation of vessels and their pledge, as well as compliance with maritime safety measures. Registration of a vessel also means that the national maritime administration body has checked the legal aspects and technical condition of the vessel, and has ensured that they fully comply with the requirements of national legislation based on international standards, and testifies this fact to third parties.

The main conditions for registering a vessel in the Register are confirmation of the cancellation of the previous registration, if any, and in the case of a bareboat charter (chartering a vessel without a crew), confirmation that the right to sail under the flag of another state has been suspended, as well as a certificate of the technical condition of the vessel issued by one of the classification societies.

The vessel is subject to registration in one of the ship registers of the Russian Federation (hereinafter referred to as ship registers):

• - State ship register;
• - ship's book;
• - bareboat charter registry;
• - Russian International Register of Ships.

A ship can only be registered in one of the ship registries.

Registration of a ship in the State Ship Register, the Russian International Register of Ships or the ship book, ownership and other proprietary rights to the ship, as well as restrictions (encumbrances) on rights to it is the only evidence of the existence of a registered right, which can only be challenged in court.

All vessels whose technical supervision is carried out by the Russian Maritime Register of Shipping are subject to inclusion in the State Ship Register: self-propelled vessels with a main engine with a power of at least 55 kW and non-self-propelled vessels with a capacity of at least 80 tons. The registration of these vessels is carried out by the captain of the seaport.

Information on registered vessels of the fishing fleet and the rights to them is submitted quarterly by the captain of the seaport to the federal executive body in the field of fisheries.

Sports and pleasure vessels, as well as other vessels that do not fall under the conditions of registration in the State Ship Register, are registered in ship books. Registration of these vessels is carried out by the technical supervision authorities for such vessels.

The Russian International Register of Ships registers ships that are used for international transport cargo, passengers and their luggage, as well as for the provision of other services related to the said transportation. The use of ships for the international transport of goods, passengers and their luggage also includes the leasing of ships for the provision of such services.

Registration of ships in the Russian International Register of Ships is carried out by seaport captains, the list of which is approved by the Government of the Russian Federation.

Registration of the vessel in the Russian International Register of Ships is subject to annual confirmation.

Registration of ships owned by the Russian Federation, owned or operated by constituent entities of the Russian Federation and used only for government non-commercial service, with the exception of warships, military auxiliary ships and border ships, is carried out in the State Ship Register or Ship Book.

Floating devices that are accessories of any vessel (boats; lighters transported on board a lighter carrier; small fishing vessels transported on board a floating base - motorboats, etc.) are not subject to inclusion in the register of ships. A vessel that is entered in a register or ship book must have a name assigned by the owner of the vessel. The name of the vessel must be different from the names of other registered vessels.

The name of the vessel is marked on the bow on both sides and on the stern of the vessel. A new name can be applied to a ship only after making a corresponding change in the State Ship Register or Ship Book.

The home port of a ship is the place of its registration. The ship's home port is indicated on the stern under the ship's name.

A ship equipped with communications equipment is assigned an international call sign. Depending on the technical equipment of the vessel, it is also assigned an identification number of the ship's satellite communication station and a selective call number of the ship's station.

The formation and assignment of an international identification call sign is carried out at the place of registration of the vessel by the Radio Frequency Center, which is part of the Radio Frequency Service of the Russian Federation. Registration in the INMARSAT mobile satellite communication system of INMARSAT subscriber earth stations (including assignment of identification numbers) belonging to Russian legal and individuals, as well as the assignment of a selective call number to a ship station is carried out by the Federal Unitary State Enterprise "Morsvyazsputnik".

When the ownership of a ship is transferred, appropriate changes are made to the State Ship Register or Ship Book.

The register contains information about the obligations with which the vessel is encumbered (transfer to trust management, pledge, mortgage, debt obligations).

Ship registers are open to any person interested in obtaining the information contained therein. The interested party has the right to receive a properly executed extract from the ship register for a fee.

A ship registered in the registry of a foreign state may be registered in the State Ship Register or Ship Book only after removal from the registry of that state and the provision of a certificate certifying that the ship has been removed or will be immediately removed from the registry at the time the new registration is made.

Registration of a Russian ship in the ship register of a foreign state has no legal force unless the ship is excluded in accordance with the established procedure from the State Ship Register or ship book.

The initial registration of a constructed vessel must be carried out within one month from the date of its launching, and of a vessel acquired outside the Russian Federation - within one month from the date of its arrival at the seaport of the Russian Federation.

Vessels entered in one of the registers of ships of the Russian Federation receive the right to sail under the State Flag of the Russian Federation.

The inclusion of a vessel in the register of ships of the Russian Federation is certified by the issuance of a certificate for the right to sail under the State Flag of the Russian Federation. After receiving the certificate, the state flag of the Russian Federation is hoisted on the ship.

Vessel. acquired abroad, enjoys the right to sail under the State Flag of the Russian Federation from the moment the consul of the Russian Federation issues a temporary certificate.

When providing a vessel for use and ownership to a foreign charterer under a bareboat charter, such a vessel may be temporarily transferred to the flag of a foreign state in the manner and under the conditions provided for by the Code of Labor and Trade of the Russian Federation.

The nationality of a ship is its nationality, which designates the authorities of which state the ship is subordinate to and the laws of which state apply to it.

In accordance with the 1982 UN Convention on the Law of the Sea, ships have the nationality of the state under whose flag they have the right to fly. Each state determines the conditions for granting its nationality to ships, registration of ships on its territory and the right to fly its flag.

The Convention establishes that a ship must fly the flag of only one State and, except in exceptional cases expressly provided for in international treaties or the Convention, be subject to its exclusive jurisdiction on the high seas. A ship cannot change its flag while sailing or while at port, except in cases of a valid transfer of ownership or change of registration. A ship flying the flags of two or more states, using them at its own discretion, cannot claim recognition of any of the respective nationalities by other states and can be equated to ships without a nationality.

The Convention provides for the responsibilities of the flag state to register ships and implement real communication: the obligation of each state to exercise its jurisdiction and control over ships flying its flag in administrative, technical and social matters (jurisdiction is the exclusive right to conduct a trial, resolve legal issues, etc. .).

Each State, in relation to ships flying its flag, is obliged to accept necessary measures to ensure safety at sea, in particular with regard to the design, equipment and seaworthiness of ships, manning, working conditions and training of ship crews, the use of signals, communication and collision avoidance. The flag is a determining factor in many legal relations entered into by the owner, ship owner and captain of the ship. Data about the ship’s flag also appears in contractual relations, in particular in the charter agreement. The third party with whom the master enters into an agreement must be confident in the authority of the master to enter into an agreement within the limits determined by the law of the flag. All contracts concluded on board the ship are considered to be concluded in the flag country.

In the event of a collision or any other navigational incident on the high seas, no criminal or disciplinary proceedings may be brought against the master or any other person serving on board the ship except by the judicial or administrative authorities of the flag State or the State of which he is a national. the face is. Neither arrest nor detention of a vessel on the high seas, except as specified in international law, can be carried out even as an investigative measure by order of any authority other than the flag State.

A vessel registered in one of the registries of vessels of the Russian Federation may be temporarily transferred to the flag of a foreign state on the basis of a decision of the federal executive body in the field of transport or in the field of fisheries, taking into account the opinion of the all-Russian trade union of workers in the relevant industry with the suspension of the right to sail under the State flag of the Russian Federation Federation. A vessel may be transferred to the flag of a foreign state for a period not exceeding two years, with the right to subsequently extend it every two years, but if it is sold under a bareboat charter, then not beyond the validity period of the bareboat charter. For the purposes of reflagging, the duration of the bareboat charter cannot be less than one year.

International conventions, the Merchant Shipping Code of the Russian Federation and regulations issued in their development contain a number of requirements obliging the ship to have certain ship documents that have important legal significance. The ability of the vessel to go on a voyage depends on the availability of proper ship documents on the vessel. Based on the data specified in the ship's documents, the amount of dues collected from the vessel is calculated. Subject to availability only necessary documents possible sale - purchase of a vessel and recognition of the legality of the transaction.

Ship documents, and especially logs kept on board a ship, have important evidentiary value in judicial, administrative and departmental proceedings in maritime-related incidents and disputes.

When checking a ship for compliance with navigation safety requirements, it is considered not to meet these requirements if the ship documents provided for by international conventions are missing or their validity period has expired.

Documents defining the legal status of the vessel

Certificate of the right to sail under the State Flag of the Russian Federation. Issued by the authority that registers the vessel.

Certificate of ownership of the vessel (perpetual). Issued simultaneously with the certificate of ownership of the vessel. Serves as exclusive proof of ownership of the vessel. Issued to ships with a gross tonnage of over 20 tons entered in the ship register.

Documents certifying the condition of the vessel and its suitability for operation:

• - Certificate of fitness for navigation. Issued by the Russian Maritime Register of Shipping or a foreign classification society recognized by it for a period of five years with annual confirmation within three months before or after the expiration of the one-year period from the date of its issue. It specifies in which areas the ship can sail. It is one of the most important proofs of a vessel’s seaworthiness.
• - Measurement certificate. Issued by the Register inspection. Contains information about the net and gross tonnage of the vessel, the dimensions of the vessel and its individual premises. According to the data of the tonnage certificate, ship and pilotage dues are collected, and the possibility of the vessel passing through locks and canals is determined.

Vessels are measured in accordance with the rules of the International Convention on Tonnage of Ships, 1969.

For passage through the Suez and Panama Canals, special measurement certificates are issued.

• - Passenger certificate. Issued by the Register to ships carrying more than 12 passengers.
• - Load line certificate. Issued in accordance with the requirements of the International Convention on Load Lines of 1966. Issued by the Register to ships of over 150 gross tonnage. t for a period of five years. Certifies that the load lines marked on the sides of the vessel and the minimum height of its freeboard meet the requirements of navigation safety.
• - Oil Pollution Prevention Certificate,
• - Sewage Pollution Prevention Certificate.
• - Litter Pollution Prevention Certificate -

issued by technical supervision and ship classification bodies.

Ship's sanitary certificate of the right to sail. Issued by sanitary and epidemiological surveillance authorities for water transport Russian Federation. Contains a conclusion about the ship’s suitability for navigation in terms of its sanitary condition.

The Sanitary Service also issues a certificate of deratization and a certificate of exemption from deratization.

• - Ship's role- list of ship crew members. Required for submission to port supervision authorities, customs and border services.
• - Certificate of minimum crew size.
• - Ship radio station license and (if the ship has a ship radio station). The license is issued by the federal executive body in the field of communications.

Documents reflecting the daily activities of the ship

Ship's log. The main official document reflecting the continuous activity of the ship in all its manifestations, as well as the objective conditions and circumstances accompanying this activity. Conducted by the captain's watch mates under the daily supervision of the captain.

The legal significance of the ship's logbook lies in the fact that those contained in the records are one of the types of written evidence in the investigation of accidents and incidents related to sea pollution, in the consideration of judicial and arbitration disputes related to damage or shortage of cargo, in the assessment of rescue actions and in other cases.

The ship's log is stored on the ship for two years from the date of the last entry. After the specified period, the ship's log is deposited with the authority where the ship is registered.

The ship's log is provided for inspection and making copies of it to persons entitled to receive relevant information.

In case of sale of a vessel outside the Russian Federation, the ship's logbook is provided for review and making copies of it to persons entitled to receive relevant information for the period preceding the sale of the vessel.

Engine log (for ships with mechanical engines). Conducted by a watch mechanic under the direct supervision of the chief (senior) engineer. Reflects the operation of the main engine and other ship mechanisms, the time of receiving and executing orders from the bridge about speed, reversing the main engine, water supply for certain purposes, receiving and pumping out ballast, fuel and lubricant consumption.

In accordance with Russian legislation, neither a bareboat charter agreement nor a management agreement for a sea vessel require state registration. Consequently, the charterer under a bareboat charter agreement and the manager can become subjects of the ISM Code from the moment this agreement enters into force and cease to be so from the moment the agreement is terminated.

Thus, two loan agreements were concluded between the company AS "Akciju komercbanka "Baltikums" (hereinafter - the Bank) and the company "Rostman Ltd". As one of the means of ensuring the fulfillment of obligations, the company "Larson Shipping Limited" pledged the marine ship "YAMBURG" (flag - Georgia, home port - Batumi), which was formalized by an agreement of obligations.

The ship's pledge is registered in the Georgian State Ship Register, the corresponding entry is contained in the certificate of ownership of the ship.

The loan agreements provide that all disputes, disagreements or claims arising from these agreements and relating to changes in the agreements, their violation, termination, legality, validity or interpretation will be resolved in the Arbitration Court of the Association of Commercial Banks of Latvia in Riga in accordance with the charter, regulations and rules on expenses of this arbitration tribunal.

In turn, the agreements on obligations establish that every dispute related to these agreements is resolved at the discretion of the creditor (Bank) in the specified arbitration court, or in other courts of the city of Riga, or in the courts of any country in which the ship may from time to time be provided that such courts shall have jurisdiction to hear and decide each such suit or proceeding.

The bank, based on a maritime claim arising from the pledge of the vessel, applied to the arbitration court with an application to take interim measures in the form of arrest of the marine vessel.

It should be noted that this vessel has already been arrested twice by a court of general jurisdiction and an arbitration court in other cases and maritime claims and with the participation of other persons (for recovery wages and debts for bunkering (fuel supply) of the vessel, respectively).

When considering this case, the following questions arose before the courts: is the arbitration court competent in relation to this dispute? Is it also possible to arrest a ship if it has already been arrested for another case and reason?

The arrest of a sea vessel is a special form of securing a claim, regulated by Chapter. XXIII Code of Merchant Shipping of the Russian Federation (hereinafter referred to as the Code of Merchant Shipping of the Russian Federation), Ch. 8 of the Arbitration Procedure Code of the Russian Federation, as well as the provisions of the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea Vessels, concluded in Brussels on May 10, 1952 (hereinafter referred to as the Brussels Convention).

In the case under consideration, the disputed ship was flying the flag of Georgia. This state does not participate in the Brussels Convention. However, the Presidium of the Supreme Arbitration Court of the Russian Federation indicated that when deciding on the arrest of a vessel, one should be guided by the Brussels Convention, despite the fact that the sea vessel flies the flag of Georgia, which is not a party to such a Convention (clause 2 of Article 8 of the Brussels Convention).

You should also pay attention to the explanations of the highest courts regarding the pledge of a sea vessel. These clarifications are contained in the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated August 13, 2004 N 81 “Review of the practice of application by arbitration courts of the Merchant Shipping Code of the Russian Federation” (hereinafter referred to as Information Letter N 81) and in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 20, 2003 N 18 “On jurisdiction of cases arising from maritime claims."

As follows from paragraph 1 of Art. 388 of the Code of Labor Code of the Russian Federation, the arrest of a vessel is any detention or restriction in the movement of a vessel while it is within the jurisdiction of the Russian Federation, carried out on the basis of a court order, an arbitration court or an arbitration court authorized by law to impose arrest on maritime matters to secure a maritime claim, with the exception of detention vessel carried out to enforce a decision of a court, arbitration court or arbitration tribunal that has entered into legal force.

The Brussels Convention contains a similar definition of arrest, according to paragraph 2 of Art. 1 of which “arrest” means the detention of a ship carried out in accordance with judicial proceedings to secure a maritime claim, but does not include the detention of a ship for the execution of a court decision.

Accordingly, if the basis for the application to arrest the vessel is not a maritime claim, then this application will be refused.

At the same time, as noted by the Presidium of the Supreme Arbitration Court of the Russian Federation in paragraph 16 of Information Letter No. 81, the arrest of a sea vessel in the sense of the rules of the Code of Labor Code of the Russian Federation is a special interim measure regulated not only by the Code of Labor Code of the Russian Federation, but also Ch. 8 Arbitration Procedure Code of the Russian Federation.

Therefore, when making a request to arrest a ship, the applicant must prove that failure to take this measure may complicate or make impossible the execution of a judicial act, as well as lead to significant losses.

In addition, the applicant must provide counter security according to the rules of Art. 94 of the Arbitration Procedure Code of the Russian Federation, that is, by depositing funds into the court’s deposit account in the amount proposed by the court, or by providing a bank guarantee, surety or other financial security for the same amount.

In relation to the arrest of a sea vessel, judicial practice classifies as permissible methods of “other financial security” a guarantee of compensation for losses if it is issued by one of the largest insurance organizations (mutual insurance clubs) insuring the liability of shipowners (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated June 30, 2009).

Also in judicial practice, the following conditions are encountered for satisfying an application for the arrest of a vessel (along with compliance with the requirements of Part 2 of Article 90 of the Arbitration Procedure Code of the Russian Federation):

• - providing evidence of “proportionality and adequacy of the stated property claims to the possible negative consequences of the use of interim measures” (Resolutions of the Federal Antimonopoly Service of the Far Eastern District dated November 10, 2010, FAS Northwestern district dated November 27, 2008);
• - providing evidence of “the proportionality and adequacy of the stated property claims to the possible negative consequences of the non-application of preliminary interim measures” (Resolution of the Federal Antimonopoly Service of the North-Western District dated November 27, 2008);
• - justification of the relationship between a specific method of security in the form of arrest of a sea vessel and claims, which must be direct and immediate (Resolution of the Ninth Arbitration Court of Appeal dated December 29, 2008).

As for the jurisdiction to resolve disputes regarding the arrest of a vessel, the practice of both arbitration courts and courts of general jurisdiction proceeds from the fact that such a dispute is considered by the court at the location of the vessel. As a rule, this is the location of the seaport where the ship entered (see, for example, paragraph 18 of Information Letter No. 81). This is directly indicated by the Plenum of the RF Armed Forces. According to para. 4 clause 2 of its Resolution No. 18 of November 20, 2003 “On the jurisdiction of cases arising from maritime claims”, the location of the vessel should be understood as its location in the sea trade, fishing and specialized ports located in the Russian Federation. At the same time, as noted by the courts of general jurisdiction, there is no other procedure for determining the territorial jurisdiction of cases arising from maritime claims (Resolution of the Presidium of the St. Petersburg City Court dated July 21, Determination of the Primorsky Regional Court dated May 25, 2010).

The above complies with the norms of the Brussels Convention, since in accordance with Part 2 of Art. 6 of this Convention, all procedural issues arising in connection with the arrest are governed by the legislation of the state in which the arrest was imposed or the application for seizure was made.

The court of first instance in its ruling left the application for interim measures without satisfaction, which was supported by the courts of appeal and cassation.

The courts proceeded from the fact that the ship had already been arrested twice, and in accordance with paragraph 1 of Art. 392 KTM RF, according to general rule, if an arrest has already been imposed to secure a maritime claim, then such a vessel cannot be arrested again.

The Supreme Arbitration Court of the Russian Federation, in the Determination adopted in this case, came to the conclusion that it is necessary to revise, in the manner of supervision, judicial acts of lower authorities "in order to determine a uniform approach to the issue of applying interim measures in the form of seizure of property in the presence of previously taken interim measures in the form of seizure of property for another requirement in relation to the same object."

The judicial panel of the Supreme Arbitration Court of the Russian Federation came to the conclusion that the court was entitled to seize the disputed vessel. Regarding the argument that this vessel was previously arrested, therefore a subsequent arrest is impossible, in its Determination the Supreme Arbitration Court of the Russian Federation indicated the following: Art. 392 of the Code of Labor Code allows for the arrest of a vessel, even if this vessel has already been arrested, provided that these arrests were imposed on various grounds (maritime requirements).

Please note that the Determination of the Supreme Arbitration Court of the Russian Federation is a procedural act and does not contain the legal position of the Supreme Arbitration Court of the Russian Federation, since it does not resolve the dispute on the merits.

However, in this case, the Presidium of the Supreme Arbitration Court of the Russian Federation generally supported the conclusions reached by the judicial panel of the Supreme Arbitration Court of the Russian Federation.

The Presidium of the Supreme Arbitration Court of the Russian Federation adheres to the following position:

The Presidium of the Supreme Arbitration Court of the Russian Federation canceled the judicial acts of the lower authorities and sent the case for a new trial. At the same time, the highest court formulated the following legal position.

If there is a maritime claim, the arbitration court within whose jurisdiction the ship is located has the right to arrest the ship, assessing the party’s application from the point of view of the presence of procedural grounds for the use of interim measures - ensuring the actual execution of a future court decision or maintaining the status quo, including in order to prevent damage significant damage to the applicant.

The arrest of a ship is possible even if the ship is under the flag of a foreign state and belongs to a foreign organization.

Also, the arrest of a ship is possible even when the ship has previously been arrested, but for a different maritime requirement. That is, the arbitration court has the right to apply interim measures in the form of the arrest of a sea vessel in the presence of previously taken interim measures in the form of the arrest of the same ship at the request of other persons and on other grounds.

The Presidium of the Supreme Arbitration Court of the Russian Federation indicated that the interpretation of legal norms contained in the Resolution under consideration is mandatory and is subject to application when arbitration courts consider similar cases.

We inform you that based on clause 5.1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 12, 2007 N 17 “On the application of the Arbitration Procedural Code of the Russian Federation when reviewing judicial acts that have entered into legal force based on newly discovered circumstances” and clause 1 of the operative part of the Resolution of the Constitutional Court of the Russian Federation dated 01/21/2010 N 1-P the considered Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation is not a basis for reviewing cases based on newly discovered circumstances, since it does not contain a direct indication that the legal positions set out in it have retroactive effect.