Russian Maritime Law

Sources and Scope

The Merchant Shipping Code of the Russian Federation (Кодекс торгового мореплавания Российской Федерации, КТМ), adopted in 1999, is the primary legislative instrument governing merchant shipping. The Code defines merchant shipping broadly to include any activity related to the use of vessels for the transport of goods, passengers, and baggage; fishing and other marine resource extraction; mineral exploration; towing; icebreaking; and salvage operations. The Code applies to ships sailing under the state flag of the Russian Federation, and to foreign-flagged ships within Russian territorial waters and internal waters, subject to the limits of international law.

State Administration

The Ministry of Transport (Министерство транспорта) oversees maritime transport policy. The Federal Agency for Maritime and River Transport (Федеральное агентство морского и речного транспорта, Росморречфлот) is the operational authority responsible for the registration of ships, the supervision of maritime safety, the licensing of port operations, and the implementation of international conventions. Sea ports are managed by state administrations, with commercial activities conducted by stevedoring companies and terminal operators under lease and concession arrangements.

The Ship and Registration

The nationality of a ship is determined by its flag. Ships are entered in the State Ship Register (Государственный судовой реестр) or the ship’s book for smaller vessels. The Russian International Ship Register (Российский международный реестр судов, RISR), established in 2005, provides an alternative registration regime with tax and customs incentives designed to attract vessels under the Russian flag. Vessels registered in the RISR are exempt from certain taxes and customs duties and may employ foreign crew members within the limits established by the Merchant Shipping Code. Ships under construction may be registered in the Register of Ships under Construction.

Shipowner’s Liability

The shipowner bears liability for damage caused by the operation of the ship, including collision damage, pollution, and cargo loss or damage. The Merchant Shipping Code implements the LLMC 1976, permitting the shipowner to limit liability to amounts calculated according to the vessel’s tonnage. The limitation does not apply where the loss resulted from the personal act or omission of the shipowner committed with the intent to cause loss or recklessly and with knowledge that loss would probably result. Compulsory insurance of the shipowner’s civil liability is required for certain categories, including liability for oil pollution damage and liability for the carriage of dangerous goods.

Contract of Carriage of Goods

The contract of carriage of goods by sea may be evidenced by a bill of lading or a charter party. The Code distinguishes between domestic and international carriage, with different rules applicable to each. The carrier must exercise due diligence to make the ship seaworthy and must properly receive, stow, carry, and deliver the cargo. The carrier’s liability for loss of or damage to cargo is limited to 666.67 SDRs per package or 2 SDRs per kilogram, unless the value was declared. Time limits for claims are one year from delivery or the date when delivery should have occurred.

Salvage, Collision, and General Average

Salvage is governed by the Merchant Shipping Code implementing the International Convention on Salvage 1989. The salvor is entitled to a reward for successful salvage operations, calculated on the basis of the salved value, the skill of the salvors, and the degree of success. Collision liability follows the fault-based system of the 1910 Collision Convention, with joint and several liability where both vessels are at fault and apportionment according to the degree of fault. General average is governed by the York-Antwerp Rules, which parties may incorporate by reference.

Pollution, Labour, and Jurisdiction

The Merchant Shipping Code implements the International Convention for the Prevention of Pollution from Ships (MARPOL), imposing requirements for the discharge of oil, noxious liquids, sewage, and garbage. Liability for oil pollution damage follows the CLC regime. Maritime labour is regulated by the Merchant Shipping Code and the Labour Code, implementing the Maritime Labour Convention 2006, governing seafarers’ working conditions, wages, and repatriation rights. Maritime disputes are heard by the state arbitration courts (арбитражные суды), which have specialised expertise in commercial maritime matters, including charter party disputes, cargo claims, and ship arrest proceedings.