SECTION IV. Sea Port.

Chapter 1. Legal Status and Functions of Sea Port.

Clause 73. Legal Status of Sea Port.

A sea port is a state-owned transport enterprise designed to provide services to vessels, passengers and cargo on the land and sea area allotted thereto as well as to carry passengers and cargoes on board vessels that are not port-owned.

The list of sea ports of Ukraine, open for calling foreign vessels thereat, shall be determined by the Government of Ukraine and published in the Notices to Mariners.

Port territory may be used for facilitating thereon enterprises and establishments of any form of ownership, their objective and type of business being the servicing of vessels, passengers and cargoes in compliance with the procedure established by the Government of Ukraine.

Sea port shall not have the right to interfere with the activities of said enterprises and establishments, except the cases provided for by Ukrainian Legislation and the statutory documents thereof.

There shall be merchant, fishing and other specialized ports on the territory of Ukraine.

Clause 74. Territory and Water Area of Sea Port.

A territory of the sea port shall comprise the land assigned thereto. Included into port territory shall also be inwashed, filled or other sites and areas formed by hydro technical means at port's expense which may be used free without levying chaises thereon.

The water area of the sea port shall comprise water expanses assigned to the port.

The sea port territory and water area shall be state-owned and granted at port's use and operation. Assigning land and water areas for a sea port as well as withdrawing said areas shall be made in compliance with a procedure established by the Ukrainian legislation in force.

Clause 75. Sea Port Functions of Ensuring Safety of Navigation.

The sea ports shall fulfill the following functions aimed at ensuring the safety of navigation.

1. provide for safe movement (traffic) in sea waters, safe anchorage and safe handling of vessels;
2. keep in the orderly and serviceable condition the hydro technical structures and facilities, means of communications and electro-radio-navigation that are in ownership of the port;
3. keep in serviceable condition navigation aids and facilities at approach channels and port water area;
4. maintain declared depths;
5. determine water areas of the obligatory use of tugs therein;
6. ensure observance of acting legislation of Ukraine on environment conservation;
7. render assistance to those in distress at sea;
8. reception from vessels of oily waste and fecal waters (for crude oil huddling ports of oil and water mixture), garbage and waste harmful for the environment and human health, as well as reduce to a minimum the volumes of formation, decontamination, processing, safety storage or burial of domestic and other wastes.

Clause 76. Economic Activities of Sea Port.

The sea port shall provide for:

1. loading, unloading and handling of vessels in the order of their arrival to the port. Servicing line vessels shall be in accordance with declared lines' schedule. Vessels in distress are served first. The distress condition of the vessel shall be determined by the Manager of the port.
2. reloading cargoes from other types of transport on board a vessel and vice versa, and warehouse operations with cargoes;
3. serving the passengers of sea transport, and carrying cargoes, passengers, baggage and mail;
4. auxiliary operations necessary for providing the normal functioning of the port;
5. other forms of activities in compliance with the recognized status of the port.

Clause 77. Management of Sea Port.

Sea port shall be managed by the Manager of the port who is assigned to the post in compliance with acting legislation of Ukraine.

Clause 78. Functions of the Port Manager.

Port manager shall issue obligatory regulations and orders on control of vessel traffic safety, ensuring safety of cargoes, port property and social order, taking sanitary and fire safety measures in the port, environment control, the order of vessels' calls at and departure from the port, as well as list of port's customs instructions on vessels' detention (arrest) in the cases and following the procedure provided for by the Clause 80 of this Code, ensuring safety of vessels' traffic in port water area, anchorage and berthing safety, and safety of vessels' handling.

The Manager of the sea merchant port shall, on agreement with the Managers of the fishing and river ports and the Administration of ship repairing enterprises whose water areas are adjacent to that of the port, determine the order of vessels' traffic in the port and the approaches thereto.

The order of vessels' calls at and departure from the sea ports having water area adjacent to military port shall be determined on agreement with the Managers of sea ports.

On demand of the Manager of the port, the vessels staying therein and the persons located thereat, shall provide floating and other technical means that are in their possession, for rendering assistance to people and vessels in distress.

Clause 79. Authority of the Manager of the Port in Considering Cases of Administrative Offences.

The Manager of the sea port shall consider the cases of administrative offences and impose administrative penalties in compliance with acting legislation of Ukraine.

Clause 80. Detention of Vessels and Cargoes.

A vessel or cargo may be detained in a sea port by the Manager of the port on request of the person possessing a marine demand (claim) that has arisen in connection with general average, salvage, cargo carriage agreement, collision of vessels or damage or losses inflicted in other way as well as marine demands of the port that have arisen in connection with damage to port facilities, other property and navigation equipment and facilities of the port; marine demands of the competent bodies of the Ministry of environmental control and nuclear safety of Ukraine that have arisen in connection with violation of the requirements of the Law of Ukraine on environmental control to the sufficiency of security on the part of a Shipowner or Cargo Owner. The persons who have demanded the detention of the vessel or cargo without sufficient reasons therefore, shall be held liable for the losses incurred thereby.

Clause 81. Term of Detaining Vessels and Cargoes.

An order of the Port manager on detention of a vessel or cargo on marine demands indicated in Clause 80 of this Code shall be valid for three days.

In case during said term there is no decision of the Court Arbitration or Marine Arbitration Commission on detention of the vessel or cargo, they shall be released immediately.

Clause 82. Immunity of Foreign State-Owned Vessels.

The vessels owned by a foreign state shall not be detained on demands of property nature, if said vessels are used exclusively for performing the state service, except for the cases provided for by the civil legal law of Ukraine (1501-06, 1502-06, 1503-06, 1504-06).

Clause 83. Provision of Premises for State Survey Bodies.

The sea port shall provide the State Survey bodies and, in the ports open for foreign vessels' calls, Customs authorities and Border Defence military detachments as well, with adequate premises, and normal working conditions for performing their functions.

Clause 84. Port Dues (Duties).

Port dues in the sea port shall be levied by the following classification: vessels, channel, anchorage, berth, lighthouse, cargo, sanitary, administrative ones.

The other forms of port dues may be introduced by the legislative acts of Ukraine.

The amount of port dues shall be determined by the Government of Ukraine.

Port dues shall be used for their designation only.

Clause 85. Duties of Vessel of Observing Port Regulations.

Any vessel during her stay in the sea port shall observe acting Laws and Acts of Ukraine, including those concerning safety of the port and safety of navigations in port water area, customs, state border and sanitary (fitosanitary) regulations, pilot age, towage, salvage and ship- raising operations, anchorage and berthing, embarkation and debarkation of passengers, loading and unloading, services connected with loading and unloading and other port services; collecting port dues, and those concerning prevention of environment pollution.