§ 2. Ship documents
In the MLC, all ship documents are divided into basic (Article 25), additional (Article 26) and documents for ships sailing abroad (Article 28).
It should be noted that the number of basic ship documents grew from code to code. If in the KTM of the USSR in 1929 there were eleven of them, in the KTM of 1968 there were twelve, then in the KTM of the Russian Federation in 1999 there were already nineteen (not counting the radio magazine). Although the tradition of including in domestic maritime codes detailed lists of documents that are considered as ship documents has already developed, in our opinion, it is necessary to distinguish between ship documents themselves (“ship documents”) and documents that, by virtue of national legislation or an international treaty, characterize this or that other condition of the ship or its operation and must be on board the ship.
When comparing Art. Art. 25 and 28 of the MTC, one may get the impression that ships going on foreign voyages must have documents provided for by international treaties of the Russian Federation, in addition to those documents specified in Art. 25. Of course, this is not so. Most of the documents listed in Art. 25 MKM, is also provided for in the relevant international treaties (conventions) and does not need duplication.
The main documents are a certificate of ownership of the vessel and a certificate of the right to sail under the State flag Russian Federation. These certificates are issued by the authority that registers the ship. A certificate of ownership of a vessel is issued on the basis of data entered in the State Ship Register and certifies that the vessel belongs to a specific owner. The certificate provides basic information about the ship (type, call sign, IMO number, port of registration, time and place of construction, main material hulls, number and power of engines, main dimensions - length, width, side height, gross and net tonnage), the previous name of the vessel, if it previously sailed under a foreign flag, and the previous port of registration.
A certificate of the right to sail under the State Flag of the Russian Federation is issued by the same registration authority and certifies that the vessel is allowed to sail under the State Flag. The certificate contains the same details as the certificate of ownership of the ship.
In addition to the above two certificates, the ship must have a number of other certificates confirming its specifications and technical condition. These certificates are issued by the bodies of the Russian Maritime Register of Shipping to ships over which the Register carries out technical supervision. The main document is a certificate of seaworthiness, which certifies the general technical condition and is a general document confirming that this vessel meets the requirements of a number of rules (classification and construction, equipment, load line, etc.) and can be operated for its intended purpose . Cargo ships subject to the provisions of SOLAS 74 must have a cargo ship safety certificate for construction, a cargo ship safety certificate for equipment and supplies, a cargo ship safety certificate for radio equipment (or a certificate of withdrawal). In lieu of these three certificates, a cargo ship safety certificate may be issued to a ship that meets the requirements of chapters II-1, II-2, III, VI, V and any relevant requirements of the Convention.
A passenger certificate is issued to a ship carrying more than 12 passengers and meeting special additional requirements. Passenger ships subject to SOLAS 74 are issued a Passenger Ship Safety Certificate (or Seizure Certificate).
A measurement certificate is issued to all vessels (except for vessels used for sanitary, quarantine, customs and other types of control) after appropriate measurements and contains data on the main dimensions of the vessel and its net and gross tonnage. Vessels covered by International convention for the exchange of ships in 1969, an International Shipping Certificate is issued in 1969.
A load line certificate is issued to a vessel that has passed the appropriate survey in accordance with the Rules on the load line of sea-going vessels of the Register. Ships subject to the rules of the International Convention on Load Lines 1966 are issued an International Load Line Certificate or an International Load Line Exemption Certificate.
The MARPOL 73/78 Convention provides for the issuance of other certificates to seagoing vessels, which include: International Oil Pollution Prevention Certificate; International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk; pollution prevention certificate wastewater; Litter Pollution Prevention Certificate; International Certificate for the Prevention of Air Pollution from Ships.
The Government of the Russian Federation, by Resolution No. 1012 of December 24, 2008, established that the Ministry of Transport of Russia organizes and coordinates activities to fulfill Russia’s obligations arising from its participation in the International Convention on Load Lines of 1966, MARPOL-73/78 and SOLAS-74 in regarding the provision of exemptions (exemptions) to courts from complying with the requirements of these Conventions. The same Resolution approved the Rules for granting a ship an exemption (exemption) from fulfilling the requirements of these Conventions. According to the Rules, the decision to grant exemption to a vessel is made by the Federal Agency for Maritime and River Transport based on an application from the shipowner and after receiving information from the Russian classification society about the possibility of granting exemption to the ship or refusing to grant exemption.
The preparation and issuance of documents confirming the granting of exemption to the vessel is carried out by the classification society on the basis of the decision to grant the ship exemption made by Rosmorrechflot.
Additional requirements apply to certain types of vessels; Accordingly, they must have the necessary certificates. Thus, chemical tankers, after an initial or periodic survey, are issued a certificate of suitability of the vessel for the carriage of dangerous chemicals in bulk or an International Certificate of Fitness of the vessel for the carriage of dangerous chemicals in bulk (in accordance with the International Bulk Chemical Code); for gas tankers - a certificate of suitability of the vessel for the carriage of liquefied gases in bulk or an International Certificate of suitability of the vessel for the carriage of liquefied gases in bulk (in accordance with the International Gas Carrier Code). A ship that meets the requirements of the High-Speed Craft Code is issued a certificate for the safety of a high-speed craft, and a ship with dynamic principles of support on the basis of the Code for the Safety of Ships with Dynamic Principles of Support is issued a certificate for the design, equipment and supply of ships with dynamic principles of support.
Nuclear powered ships are required by the Nuclear Merchant Ship Safety Code to have a Nuclear Cargo Ship Safety Certificate.
According to the International Ship Safety Management and Pollution Prevention (ISM) Code, the ship must be issued a safety management certificate confirming that the company and its ship management are operating in accordance with the Safety Management System.
In accordance with the International Ship and Port Facility Security Code (ISPS Code), an international ship security certificate is issued.
In accordance with SOLAS-74 and Art. 53 of the KTM, the ship must have a certificate of the minimum composition of the ship’s crew ensuring safety, which is issued by the ship’s registration authority.
According to Art. 24 KTM, technical supervision and classification bodies, in accordance with their authority, assign a class to ships. The assignment of a class is certified by a classification certificate, which can also be named in a number of ship documents.
It is worth noting two more certificates, without which the operation of a sea vessel is impossible. This is a ship's sanitary certificate for the right to navigate and a certificate of deratization. The first certificate is issued by the sanitary and epidemiological authorities in accordance with the Sanitary Rules for Seagoing Ships of the USSR 1982 (currently being revised), and the second - by them on the basis of the International Health Regulations 2005.
Ship documents include a ship radio station license, which is issued by the Federal Service for Supervision in the Sphere of Communications and Mass Media in accordance with Federal Law of January 20, 1995 (February 16, 2005) N 15-FZ “On Communications”.
As stated earlier, each vessel must carry a copy of the license or information about the existing license issued to carry out a certain activity. Finally, a copy of the ISM Code compliance document issued to the relevant company must be on board the vessel.
Among the ship's documents, some of the logs kept on the ship are listed: ship's log, engine log, sanitary log, waste water log, garbage log, oil log. All these logs reflect the operation of the vessel and its mechanisms, as well as operations with substances that pose a potential threat to the environment. Thus, the ship's log is the main document in which all the main events occurring on the ship are recorded. The journal is maintained in accordance with the rules established by the Ministry of Transport. At present, the Rules for maintaining a ship's log, approved by the USSR Ministry of Maritime Fleet, continue to apply (Order No. 173 of December 28, 1988). Taking into account the role of the ship's logbook in the event of various circumstances, Art. 32 KTM contains special rules dedicated to this document. It is established that the ship's log is stored on the ship for two years from the date of the last entry, after which it is deposited with the authority with which the ship is registered. The ship's log is provided for inspection and making copies of it by persons entitled to receive relevant information.
Among the ship's documents listed in paragraph 1 of Art. 25 KTM, the ship's role (crew list) is also mentioned. The rules for conducting ship duties were approved by Order of the Ministry of Transport of April 3, 2000 N 28 (BNA. 2000. N 23). According to clause 3 of the Rules, the ship's list is the main ship's document containing information about the number and composition of the crew upon arrival and departure of the vessel. This provision, like many other provisions of the Regulations, is consistent with the standards and recommended practices of the 1965 Convention, and the robe form given in the appendix is based on the IMO standard robe form (FAL 5). It contains the following information: name and nationality of the ship, port of arrival/departure, date of arrival/departure, from which port the ship arrived, as well as the last name, first name, patronymic of the crew member, date and place of birth, citizenship, position on the ship and data identification document.
According to Art. 30 of the MCC, recognition of ship documents of a vessel flying the flag of a foreign state and visiting seaports of the Russian Federation is carried out on the basis of international treaties of the Russian Federation. In relation to maritime navigation, mutual recognition of documents is carried out in accordance with multilateral treaties (conventions), which contain special provisions on this issue. Of course, we are talking about certificates that are issued in accordance with these conventions. At the same time, provisions on the mutual recognition of ship documents are also included in bilateral agreements on merchant shipping concluded by Russia (formerly the USSR) with many countries. Usually they deal with the recognition of the nationality of ships on the basis of documents on board these ships, as well as measurement certificates and other ship documents.
The MLC (Article 31) establishes that all ship documents, with the exception of the certificate of ownership (ship ticket), must be on the ship in originals.
1. A certificate of the right to sail under the state flag of the Russian Federation (ship's patent) certifies the nationality of the vessel. The certificate is issued by the body registering the vessel after the vessel is entered into the appropriate register. In the certificate, drawn up in Russian and English languages, contains permission to sail under the state flag of the Russian Federation and indicates technical and other data about the vessel: type of vessel, call sign, IMO identification number, home port, place and time of construction, main hull material, number and power of machines, main dimensions of the vessel according to the certificate of voyage, the former name of the vessel, if it previously sailed under a foreign flag, and its former port of registry. 2. Certificate of ownership of the vessel - a special document certifying ownership of the vessel, issued simultaneously with the certificate of the right to sail under the state flag of the Russian Federation after the vessel is entered into the appropriate register.
The certificate of ownership of the vessel, drawn up in Russian and English, certifies that the vessel belongs under the right of ownership to a specific entity. Technical and other data about the vessel are indicated here, as in the certificate of the right to sail under the state flag of the Russian Federation.
3. Certificate of seaworthiness - a special document certifying the proper seaworthiness of the vessel for safe navigation in a certain area and in accordance with the purpose of the vessel. It determines the general technical condition of the vessel in terms of seaworthiness and is issued by the technical supervision body supervising this vessel. The form of the certificate and the period for which it is issued are determined by the technical supervision body for this ship.
4. Passenger certificate (for a passenger ship) - a special document certifying that the ship meets the requirements established by the SOLAS Convention 74/78 and the rules of the technical supervision authorities for ships applied to passenger ships. It is issued to ships carrying more than 12 passengers. A passenger certificate is issued subject to the presence on the ship of an unexpired certificate of seaworthiness, issued for the period and in the form established by the rules of the technical supervision authorities.
5. Tonnage certificate - a document confirming that the gross and net tonnage of the ship have been determined in accordance with the requirements of the International Convention on Tonnage of Ships of 1969. It is issued on behalf of and on behalf of the government of the Russian Federation by the Maritime Register of Shipping for each ship performing international voyages, without expiration date and does not require confirmation. The measurement certificate is drawn up in Russian and English in the form established by the Convention, and contains data on the length, height, size of cargo and other spaces.
6. Classification certificate - a document confirming the fulfillment of the requirements for the classification and construction of ships, ensuring conditions for the safe navigation of ships in accordance with their purpose. Issued by technical supervision and vessel classification bodies (Maritime or River Registers) in accordance with their powers.
7. Load Line Certificate - a document confirming compliance with the requirements of the International Convention on Load Lines of 1966.
There are two types of load line certificate:
- An International Load Line Certificate is issued to each ship that has been surveyed and marked with a load line (a system of marks on board a ship that determines the permissible draft for various areas and navigation conditions) in accordance with the terms of the Load Line Rules for sea-going vessels, for a period not exceeding 60 months;
- An International Load Line Exemption Certificate is issued to any ship that has been granted an exemption under the International Load Line Convention, 1966.
8. An oil pollution prevention certificate is issued by the Maritime Register of Shipping after a survey carried out in accordance with rule 4 of Annex 1 to the MARPOL 73/78 Convention for a period not exceeding five years.
The certificate is issued to every oil tanker of 400 tons gross tonnage or more that operates on voyages to ports or offshore terminals under the jurisdiction of other parties to MARPOL 73/78. It is drawn up in Russian and English in the form given in Appendix II of Annex 1 to the MARPOL 73/78 Convention.
The certificate loses its validity when the ship is transferred under the flag of a foreign state, as well as if significant changes in the design are made on the ship or intermediate surveys are not carried out in accordance with the requirements of the MARPOL 73/78 Convention.
The Certificate shall indicate: the name of the ship, registry number or call sign, home port, gross tonnage, type of ship, as well as the validity period of the certificate, subject to intermediate surveys in accordance with the requirements of the MARPOL 73/78 Convention.
9. The Sewage Pollution Prevention Certificate is provided for in regulation 4 of Annex IV to MARPOL 73/78. The certificate is issued by the Maritime Register of Shipping to each vessel making voyages to ports or offshore terminals under the jurisdiction of other parties to the MARPOL 73/78 Convention, after its survey. It is drawn up in Russian and English in the form given in the appendix of Annex IV to the MARPOL 73/78 Convention, and is issued for a period not exceeding five years.
10. The Garbage Pollution Prevention Certificate is provided to meet the requirements of Annex V to the MARPOL 73/78 Convention, which contains the Rules for the Prevention of Garbage Pollution from Ships, and is issued by the Maritime Register.
11. The license of the ship's radio station and the ship's radio log (if the ship has a ship's radio station) are provided for the purpose of fulfilling the obligations of the Russian Federation arising from the CO LAS Convention 74/78 for the entry into force of the Global Maritime Distress Communications System on February 1, 1999 and to ensure safety (GMDSS).
By Order of the Ministry of Transport of Russia dated June 30, 1998 No. 79, the List of documentation on radio communications and electronic radio navigation that sea vessels and ships must have on board was approved and put into effect
mixed (river-sea) navigation, equipped with GMDSS radio communication equipment.
By order of the Ministry of Transport of Russia dated June 30, 1998 No. 80, the GMDSS radio log was approved and put into effect on January 1, 1999 for seagoing vessels and mixed (river-sea) navigation vessels equipped with GMDSS equipment operating voyages in sea areas A3, A4 . The GMDSS radio log is subject to registration by captains of sea trade ports and captains of river ports. On seagoing vessels and mixed (river-sea) vessels operating exclusively in sea areas Al, A2, records relating to radio communications are kept in the ship's logbook.
12. Ship's role - a document certifying the presence of crew members on board and confirming the proper manning of the vessel, which is one of the conditions for the seaworthiness of the vessel. A ship's role is a list of persons ship's crew, which indicates the last name, first name, patronymic, year of birth, citizenship, position, type of diploma of each crew member, diploma number and passport of the sailor, as well as the type and name of the vessel, port and registration number, owner of the vessel. The ship's role is drawn up on the ship, signed by the captain or his authorized person and certified by the ship's seal.
The ship's role for coastal navigation vessels is drawn up in accordance with the Instructions on the procedure for registering ship roles, the departure of ship crews and family members of sailors on coastal navigation, approved by the instruction letter of the USSR Ministry of Maritime Fleet dated December 31, 1986 No. 170. The instructions contain rules for the procedure for manning ships and registering ship roles, registering ships going to sea and monitoring changes in crew composition.
The ship's role for foreign vessels is drawn up in accordance with the instruction letter of the Ministry of Foreign Trade of the USSR and the Ministry of Marine of the USSR dated October 15, 1973 No. 41121 (4657)69, which defines the standard forms of control ship documentation recommended by IMCO (IMO) and provided for by the Convention on the Security of International Maritime Shipping 1965, including the form of the Ship's Role for foreign vessels.
13. The ship's log is the main official document that reflects the continuous life of the ship. The ship's log is kept on each ship from the moment the State flag is hoisted on it. The ship's logbook is filled out during the watch at the time of completion of the event or after it by the watch's mates. All sheets in the Ship's Logbook must be laced and numbered. The journal is registered by the Maritime Administration of the port in the person of the port captain and is sealed with his signature and seal.
14. The engine log is an addition to the ship's log and reflects the operation of power and auxiliary units, speed, availability and consumption of fuel, etc. The engine log continuously records the operation of ship engines. The logbook is kept by the engineer on watch, and the chief engineer checks his entries daily and certifies with his signature. The machine log is one of the main documents when analyzing the actions of a machine team, identifying the causes of breakdowns, etc.
15. A sanitary log must be on each ship in accordance with clause 8.4.3 Sanitary rules for sea vessels of the USSR approved by the Main State sanitary doctor USSR December 25, 1982. The form of the sanitary journal is established by the Russian Ministry of Health.
The log must be laced and sealed with the seal of the basin or port sanitary and epidemiological service. It is purchased by the shipowner and kept by the captain or chief mate and presented upon request by a representative of the sanitary and epidemiological service.
The entry in the sanitary log is kept in two copies: the original remains on the ship, and a copy is kept by the person who performed the sanitary inspection. Each sanitary inspection of the ship must be accompanied by a corresponding entry in the sanitary log, which is signed by the person who conducted the sanitary inspection and the representative of the ship's administration responsible for its sanitary condition and for fulfilling the sanitary requirements stated in this entry.
Responsibility for the presence of a sanitary log on the ship, its safety, timely renewal of the validity period, as well as responsibility for the vessel setting sail without a sanitary inspection and execution of the corresponding act in the sanitary log lies with in the prescribed manner the captain of the ship, and for the release of the ship from the port without issuing a sanitary inspection certificate - the port captain and other port employees who issued documents for the ship to leave the port.
16. The register of wastewater operations is provided in order to comply with the requirements of Annex IV to the MARPOL 73/78 Convention, which contains the Rules for the Prevention of Pollution with Wastewater.
17. The garbage handling log is provided in order to comply with the requirements of Annex V to the MARPOL 73/78 Convention, which contains the Rules for the Prevention of Pollution by Garbage from Ships.
18. The oil log book for ships other than oil tankers and the oil log book for oil tankers constitute parts I and II respectively of the oil log book provided for in regulation 20 of Annex 5 to MARPOL 73/78. The oil log book is completed in the form specified in Appendix III of Annex I to MARPOL 73/78 and can be either part of the ship's log book or a separate log book. Each completed operation must be signed and dated by the commanding officer responsible for the operation. Each completed page of the log is signed by the captain of the ship. All sheets in the magazine must be laced and numbered. The log is entered into the register of ship documents and certified by the captain of the port in which it was received. The journal is retained for three years after the last entry is made.
19. A ship's sanitary certificate of the right to navigate is issued based on the results of a sanitary inspection of the ship, carried out once every two years. Responsibility for the presence on the ship of a ship's sanitary certificate of the right to navigate, for its safety, timely renewal of validity, as well as responsibility for the ship setting sail without such a certificate lies with the captain of the ship, and for the release of the ship from the port without it - with the port captain and other employees. ports that issued documents for the vessel to leave the port.
§ 2. Ship documents
In the MLC, all ship documents are divided into basic (Article 25), additional (Article 26) and documents for ships sailing abroad (Article 28).
It should be noted that the number of basic ship documents grew from code to code. If in the KTM of the USSR in 1929 there were eleven of them, in the KTM of 1968 there were twelve, then in the KTM of the Russian Federation in 1999 there were already nineteen (not counting the radio magazine). Although the tradition of including in domestic maritime codes detailed lists of documents that are considered as ship documents has already developed, in our opinion, it is necessary to distinguish between ship documents themselves (“ship documents”) and documents that, by virtue of national legislation or an international treaty, characterize this or that other condition of the ship or its operation and must be on board the ship.
When comparing Art. Art. 25 and 28 of the MTC, one may get the impression that ships going on foreign voyages must have documents provided for by international treaties of the Russian Federation, in addition to those documents specified in Art. 25. Of course, this is not so. Most of the documents listed in Art. 25 MKM, is also provided for in the relevant international treaties (conventions) and does not need duplication.
The main documents are a certificate of ownership of the vessel and a certificate of the right to sail under the State Flag of the Russian Federation. These certificates are issued by the authority that registers the ship. A certificate of ownership of a vessel is issued on the basis of data entered in the State Ship Register and certifies that the vessel belongs to a specific owner. The certificate provides basic information about the vessel (type, call sign, IMO number, port of registration, time and place of construction, main hull material, number and power of engines, main dimensions - length, width, side height, gross and net tonnage), former the name of the vessel, if it previously sailed under a foreign flag, and the previous port of registration.
A certificate of the right to sail under the State Flag of the Russian Federation is issued by the same registration authority and certifies that the vessel is allowed to sail under the State Flag. The certificate contains the same details as the certificate of ownership of the ship.
In addition to the above two certificates, the ship must have a number of other certificates confirming its technical characteristics and technical condition. These certificates are issued by the bodies of the Russian Maritime Register of Shipping to ships over which the Register carries out technical supervision. The main document is a certificate of seaworthiness, which certifies the general technical condition and is a general document confirming that this vessel meets the requirements of a number of rules (classification and construction, equipment, load line, etc.) and can be operated for its intended purpose . Cargo ships subject to the provisions of SOLAS 74 must have a cargo ship safety certificate for construction, a cargo ship safety certificate for equipment and supplies, a cargo ship safety certificate for radio equipment (or a certificate of withdrawal). In lieu of these three certificates, a cargo ship safety certificate may be issued to a ship that meets the requirements of chapters II-1, II-2, III, VI, V and any relevant requirements of the Convention.
A passenger certificate is issued to a ship carrying more than 12 passengers and meeting special additional requirements. Passenger ships subject to SOLAS 74 are issued a Passenger Ship Safety Certificate (or Seizure Certificate).
A measurement certificate is issued to all vessels (except for vessels used for sanitary, quarantine, customs and other types of control) after appropriate measurements and contains data on the main dimensions of the vessel and its net and gross tonnage. Ships covered by the International Ship Exchange Convention 1969 are issued an International Shipping Certificate 1969.
A load line certificate is issued to a vessel that has passed the appropriate survey in accordance with the Rules on the load line of sea-going vessels of the Register. Ships subject to the rules of the International Convention on Load Lines 1966 are issued an International Load Line Certificate or an International Load Line Exemption Certificate.
The MARPOL 73/78 Convention provides for the issuance of other certificates to seagoing vessels, which include: International Oil Pollution Prevention Certificate; International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk; wastewater pollution prevention certificate; Litter Pollution Prevention Certificate; International Certificate for the Prevention of Air Pollution from Ships.
The Government of the Russian Federation, by Resolution No. 1012 of December 24, 2008, established that the Ministry of Transport of Russia organizes and coordinates activities to fulfill Russia’s obligations arising from its participation in the International Convention on Load Lines of 1966, MARPOL-73/78 and SOLAS-74 in regarding the provision of exemptions (exemptions) to courts from complying with the requirements of these Conventions. The same Resolution approved the Rules for granting a ship an exemption (exemption) from fulfilling the requirements of these Conventions. According to the Rules, the decision to grant exemption to a vessel is made by the Federal Agency for Maritime and River Transport based on an application from the shipowner and after receiving information from the Russian classification society about the possibility of granting exemption to the ship or refusing to grant exemption.
The preparation and issuance of documents confirming the granting of exemption to the vessel is carried out by the classification society on the basis of the decision to grant the ship exemption made by Rosmorrechflot.
Additional requirements apply to certain types of vessels; Accordingly, they must have the necessary certificates. Thus, chemical tankers, after an initial or periodic survey, are issued a certificate of suitability of the vessel for the carriage of dangerous chemicals in bulk or an International Certificate of Fitness of the vessel for the carriage of dangerous chemicals in bulk (in accordance with the International Bulk Chemical Code); for gas tankers - a certificate of suitability of the vessel for the carriage of liquefied gases in bulk or an International Certificate of suitability of the vessel for the carriage of liquefied gases in bulk (in accordance with the International Gas Carrier Code). A ship that meets the requirements of the High-Speed Craft Code is issued a certificate for the safety of a high-speed craft, and a ship with dynamic principles of support on the basis of the Code for the Safety of Ships with Dynamic Principles of Support is issued a certificate for the design, equipment and supply of ships with dynamic principles of support.
Nuclear powered ships are required by the Nuclear Merchant Ship Safety Code to have a Nuclear Cargo Ship Safety Certificate.
According to the International Ship Safety Management and Pollution Prevention (ISM) Code, the ship must be issued a safety management certificate confirming that the company and its ship management are operating in accordance with the Safety Management System.
In accordance with the International Ship and Port Facility Security Code (ISPS Code), an international ship security certificate is issued.
In accordance with SOLAS-74 and Art. 53 of the KTM, the ship must have a certificate of the minimum composition of the ship’s crew ensuring safety, which is issued by the ship’s registration authority.
According to Art. 24 KTM, technical supervision and classification bodies, in accordance with their authority, assign a class to ships. The assignment of a class is certified by a classification certificate, which can also be named in a number of ship documents.
It is worth noting two more certificates, without which the operation of a sea vessel is impossible. This is a ship's sanitary certificate for the right to navigate and a certificate of deratization. The first certificate is issued by the sanitary and epidemiological authorities in accordance with the Sanitary Rules for Seagoing Ships of the USSR 1982 (currently being revised), and the second - by them on the basis of the International Health Regulations 2005.
Ship documents include a ship radio station license, which is issued by the Federal Service for Supervision in the Sphere of Communications and Mass Media in accordance with Federal Law of January 20, 1995 (February 16, 2005) N 15-FZ “On Communications”.
As stated earlier, each vessel must carry a copy of the license or information about the existing license issued to carry out a certain activity. Finally, a copy of the ISM Code compliance document issued to the relevant company must be on board the vessel.
Among the ship's documents, some of the logs kept on the ship are listed: ship's log, engine log, sanitary log, waste water log, garbage log, oil log. All these logs reflect the operation of the vessel and its mechanisms, as well as operations with substances that pose a potential threat to the environment. Thus, the ship's log is the main document in which all the main events occurring on the ship are recorded. The journal is maintained in accordance with the rules established by the Ministry of Transport. At present, the Rules for maintaining a ship's log, approved by the USSR Ministry of Maritime Fleet, continue to apply (Order No. 173 of December 28, 1988). Taking into account the role of the ship's logbook in the event of various circumstances, Art. 32 KTM contains special rules dedicated to this document. It is established that the ship's log is stored on the ship for two years from the date of the last entry, after which it is deposited with the authority with which the ship is registered. The ship's log is provided for inspection and making copies of it by persons entitled to receive relevant information.
Among the ship's documents listed in paragraph 1 of Art. 25 KTM, the ship's role (crew list) is also mentioned. The rules for conducting ship duties were approved by Order of the Ministry of Transport of April 3, 2000 N 28 (BNA. 2000. N 23). According to clause 3 of the Rules, the ship's list is the main ship's document containing information about the number and composition of the crew upon arrival and departure of the vessel. This provision, like many other provisions of the Regulations, is consistent with the standards and recommended practices of the 1965 Convention, and the robe form given in the appendix is based on the IMO standard robe form (FAL 5). It contains the following information: name and nationality of the ship, port of arrival/departure, date of arrival/departure, from which port the ship arrived, as well as the last name, first name, patronymic of the crew member, date and place of birth, citizenship, position on the ship and data identification document.
According to Art. 30 of the MCC, recognition of ship documents of a vessel flying the flag of a foreign state and visiting seaports of the Russian Federation is carried out on the basis of international treaties of the Russian Federation. In relation to maritime navigation, mutual recognition of documents is carried out in accordance with multilateral treaties (conventions), which contain special provisions on this issue. Of course, we are talking about certificates that are issued in accordance with these conventions. At the same time, provisions on the mutual recognition of ship documents are also included in bilateral agreements on merchant shipping concluded by Russia (formerly the USSR) with many countries. Usually they deal with the recognition of the nationality of ships on the basis of documents on board these ships, as well as measurement certificates and other ship documents.
The MLC (Article 31) establishes that all ship documents, with the exception of the certificate of ownership (ship ticket), must be on the ship in originals.
Subject to state registration, it must have its own name or number. The name of the vessel is assigned by its owner in the manner established by the federal executive body in the field of transport.
2. The body implementing state registration vessel, assigns it an identification number.
3. The name of the vessel is applied to both sides of the bow, the front wall of the superstructure or the wings of the navigation bridge and the stern of the vessel. The identification number assigned to the vessel during its state registration is placed above the name of the vessel.
4. The name of the vessel engaged in navigation associated with crossing the State Border of the Russian Federation is marked on the wings of the navigation bridge and the stern of the vessel in letters of the Latin alphabet indicating the nationality of the vessel - “RUS”. On the stern of the vessel, under its name, the vessel's place of registration is indicated in letters of the Latin alphabet.
5. The vessel is assigned a 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.
Article 14. Ship documents
1. Vessels subject to registration, with the exception of the vessels specified in paragraph 9 of this article, must have the following ship documents:
4) a list of ship crew members (ship’s role), compiled by the ship’s captain;
5) ship's logbook (logbook or unified logbook), engine logbook (for a ship with a mechanical engine, operated by members of the ship's crew without combining positions);
6) ship's health certificate;
7) a unified ship inspection book;
8) pollution prevention certificate environment from a ship;
10) certificate or certificate of the minimum composition of the ship’s crew;
2. The ship must contain the originals of the documents specified in paragraph 1 of this article, with the exception of the certificate of ownership of the ship, a copy of which must be certified by the body that issued such a certificate or by a notary.
3. On a ship going to sea, in addition to the documents specified in paragraph 1 of this article, there must be documents provided for by the Merchant Shipping Code of the Russian Federation.
4. On a vessel engaged in navigation related to crossing the State Border of the Russian Federation, in addition to the documents specified in paragraphs 1 and 2 of this article, there must be documents provided for by international treaties of the Russian Federation. The issuance of documents provided for by these agreements is carried out by federal executive authorities authorized to do so by the Government of the Russian Federation.
5. The documents specified in subparagraphs 1 and 10 of paragraph 1 of this article are issued by the authorities carrying out state registration of ships and rights to them. The documents specified in subparagraphs 3, , and 12 of paragraph 1 of this article are issued by organizations authorized to classify and survey ships, or by foreign classification societies provided for in Article 35 of this Code. The documents specified in subparagraphs 6 and 9 of paragraph 1 of this article are issued by federal executive authorities authorized by the Government of the Russian Federation.
For the issuance of documents specified in subparagraphs 1, , and 9 of paragraph 1 of this article, a state duty is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees. For the issuance of documents specified in subparagraphs 3, , , and 12 of paragraph 1 of this article, a fee is charged in the manner established by the Government of the Russian Federation.
6. The forms of documents specified in subparagraphs 4, 5 and 7 of paragraph 1 of this article and the procedure for their maintenance are established by the federal executive body in the field of transport and the federal executive body in the field of fisheries. The availability of these documents on the ship is ensured by the shipowner.
7. The ship's log must be kept on the ship for one year from the date of the last entry. After the specified period, the ship's log is handed over to the shipowner for storage. The general storage period for the ship's log is three years from the date of the last entry in it. The ship's log may be provided for review and making copies of it in accordance with the legislation of the Russian Federation.
The activities of classification societies aimed at improving the safety of merchant shipping have a great impact on the operational and economic performance of ships and their owners - shipping companies, and help prevent accidents and pollution natural environment when operating ships, ensuring timely and safe delivery of cargo by sea. The presence of a class cargo ship with the necessary certificates indicating its proper technical condition – necessary condition for chartering a vessel on the transport services market and carrying out cargo transportation. Therefore, almost all ships of the world fleet carrying out international transportation are in the class of some register that carries out registration in relation to this ship. necessary measures for technical supervision. Classification societies maintain close business ties with the owners and maritime administrations of the flag states of ships in their class, exchange a variety of information with them and are responsible for the results of their work - mainly in the form of changes in their status and authority in this sector of maritime shipping. Thus, any major accidents that caused the death of a ship, any environmental pollution are always investigated by the relevant authorities of the flag state, and their causes and the “contribution” of the classification society are always determined.
Obviously, a large number of accidents and incidents on ships under the supervision of a certain registry indicates insufficient attention, low qualifications of personnel, poor organization in this society, which results in a loss of trust on the part of the clientele and the transfer of ships to another registry.
The classification society confirms almost every operation carried out to supervise ships and its results by issuing a corresponding international document, which is stored on board the ship and presented to the inspecting persons during inspection in ports. The presence of such a valid document shows that the ship in this regard meets current international requirements and standards.
The main documents issued to the vessel by the register are given in Table 4.1. For specialized vessels, classification societies issue additional certificates in accordance with IMO requirements.
Table 4.1
Documents issued for a cargo ship by the register (for all ships)
| Title of the document | Required by IMO convention |
| International Tonnage Certificate | International Convention on Tonnage of Ships, 1969 (Tonnage 1969), pr.7 |
| Certificate of Seaworthiness | |
| Cargo Ship Safety Construction Certificate | SOLAS - 74, pr.I/12 |
| Cargo Ship Safety Equipment Certificate | SOLAS - 74, pr.I/12 |
| List of equipment for the Cargo Ship Equipment Certificate - Form E | SOLAS - 74, pr.I/12 |
| Cargo Ship Safety Radio Certificate | SOLAS - 74, pr.I/12 |
| List of Equipment for the Cargo Ship Safety Radio Certificate - Form R | SOLAS - 74, pr.I/12 |
| Exemption Certificate | SOLAS - 74, pr.I/12 |
Continuation of Table 4.1
| International Load Line Certificate, 1966 | Load Line Convention, 1966 (LL), D.16 |
| International Load Line Exemption Certificate | LL, pr.16 |
| International Oil Pollution Prevention Certificate | MARPOL 73/78, appendix I, pr.5 |
| International Sewage Pollution Prevention Certificate | MARPOL 73/78, appendix IV |
| Garbage Pollution Prevention Certificate | MARPOL 73/78, app. V, pr. 9 |
| Classification Certificate | |
| Safety Management Certificate | |
| Document of Compliance of the company with the requirements of the ISM Code | SOLAS - 74, IX/4; ISM Code, pr.13 |
| International Security Certificate | ISPS Code, Parts A and B. R. 19 SOLAS - 74, Ch. XI/2 |
Samples of some of these documents directly related to the carriage of goods by sea are given in Appendix 3. In addition to those indicated in the table, sea-going vessels must have documents required by the rules for the conventional equipment of ships: certificates life-saving equipment, navigation equipment and certificates certifying the technical condition of various ship components, mechanisms and parts in order to ensure the safety of navigation and cargo operations.
4.5 Ship documents issued by administrations
ship flag states and ship reporting
Ship documents certify legal status the vessel, its technical condition and other aspects related to the operation of the vessel. The international practice of merchant shipping has developed a certain list of ship documents that every ship must have. The specific list and name of ship documents are usually determined by national legislation and international agreements.
In addition to the documents issued by the register mentioned in § 4.4, ships sailing abroad must have the following documents:
· Certificate of the right to fly the state flag(Certificate of the Right to Sail under the State Flag) or a ship's patent (Ship's Patent), which indicates the owner of the vessel, the port of registry and the main technical data of the vessel; issued to the shipowner by the port (maritime administration of the flag state of the vessel), in which the vessel is entered into State ship register;
· Certificate of ownership of the vessel Certificate of Ownership or Ship's Certificate is one of the main ship's documents required to be on board a ship. Issued by the port of registration where the ship is entered into the State Ship Register. Contains information about the shipowner, purpose and type of the vessel, time and place of its construction, engine, dimensions, draft of the vessel with and without cargo, gross and net register tonnage. This certificate has great importance as evidence of the special international legal status of courts owned by the state and enjoying immunity in connection with this;
· Certificate of minimum safe crew composition(Minimum Safe Manning Document), which lists the positions and number of crew members by state and the minimum allowable number. Issued by the ship's port of registration;
· Ship's role(Crew List) - a ship's voyage document that is permanently located on the ship and contains a list of crew members, as well as the type and name of the ship, port and registration number, and the name of the ship owner. Used to monitor the shipowner's compliance with the requirements for the minimum composition of the ship's crew. Compiled and maintained by the captain of the vessel according to a special form and rules;
· Certificate of deratization or exemption from deratization(Derrating Certificate Convention or Derrating Exemption Certificate) indicates that the ship's premises have been inspected and treated by the sanitary authorities of the exporting country properly and do not have rodents (rats, mice, etc.) on board, which are sources and carriers of infectious diseases and cause damage to cargo during transportation and storage.
To enter the ports of some countries (for example, the USA), the ship must have additional documents required by the legislation of these countries, which certify the ship’s compliance with the special requirements of this country, not provided for by international conventions.
In addition to the documents mentioned above, the vessels are maintained by relevant specialists ship reporting. To do this, the shipowner company supplies its ships with various logs, manuals and reporting forms, namely:
· Ship's log(Ship’s Log, Deck Log) is a ship’s document that serves to reflect in chronological order and with photographic accuracy all the activities of the ship’s crew, as well as the objective conditions and circumstances accompanying it. Conducted under the guidance of the ship’s captain according to a special form and rules;
· Machine log(Machine book, Engine Log), which serves to record data on the operation of the ship’s engine, the nature of orders received by the engine room and their implementation. Conducted under the guidance of the ship’s chief engineer according to a special form and rules;
· Sanitary journal(Sanitary Log), which is maintained in accordance with the form and rules agreed upon with the health authorities;
· Radio magazine(Radio Log);
· Bunker Operations Book(Oil Record Book);
· Deck book of bilge/tank measurements(Deck Sounding Book);
· Machine book of measurements of bilges/tanks(Engine Sounding Book);
· Wastewater operations log;
· Garbage operations log;
· Oil log for vessels other than oil tankers;
On ships of foreign companies the following is also carried out:
· Transition Planning Log(Voyage Planning Book);
· Cargo book(Cargo Book) - a document that records data on cargo accepted on board a ship, including information about the type and quantity of cargo, its markings, weight, dimensions of cargo, type of packaging, placement of cargo in cargo spaces, chosen loading option, measures to ensure safety cargo and organization of cargo handling of the vessel at the port of loading and at the port of unloading, etc. The cargo book is one of the ship's documents that are constantly on board the ship. If a claim regarding transportation arises, the cargo book can be presented as one of the pieces of evidence;
· Log of required training sessions(Outstanding Training Log);
In most companies, the 3rd mate is responsible for maintaining and maintaining in good condition (“to a high standard”) the life-saving equipment. He conducts a special security journal(Safety Log), which records the dates of inspections and maintenance activities of life-saving devices and equipment, dates of ship alarms and crew gatherings on safety issues in accordance with programs based on the requirements of the SOLAS-74 Convention.
In addition to the above-mentioned safety log, the ship may also maintain Maintenance record book for rescue and fire fighting equipment(Safety Equipment Maintenance Record Book).
Control questions.
1. What bodies monitor the condition of ships? What is the general purpose of such checks?
2. What are classification societies?
3. What is the main goal of the activities of classification societies?
4. Why was IACS created, what societies are included in this association?
5. Briefly describe the classification societies operating in Ukraine.
6. What are the main functions of classification societies?
7. What is meant by classification of ships? For what purpose is it carried out?
8. What types of ship surveys do classification societies perform?
9. What documents are issued for ships by classification societies?
10. What ship's documents are issued by the maritime administration of the ship's flag state? Sanitary inspection authorities? Their purpose.
11. What documents relate to ship reporting? Their purpose.