RF Transport Ministry set to eliminate material dependence of Harbour Masters on SPA Heads
The Federal Law No 225-FZ providing for a reform in the management of maritime administrations came into force in January 2014. It introduced the amendments into the Merchant Marine Code (MMC) and into the Law on Seaports of the Russian Federation which are related to the Harbour Master’s office. The journalist of IAA PortNews cites Victor Olersky, Deputy Minister of Transport of the Russian Federation, as commenting on the amendments at the meeting of the National Shipping Chamber.
“We see that unfortunately Harbour Masters have recently become public figures. It is not a feature of all ports, just larger ones, - Victor Olersky said. – While we and apparently you have been expecting them to absolutely perform their obligations under MMC”.
So the RF Transport Ministry has initiated the separation of business and administrative functions, hence the Law No 225-FZ. Now the Harbour Masters are responsible for administrative functions while the Heads of SPA are focused on economic issues.
“It is not the return to the practices of 90-ies when both the Head of Authority and the Harbour Masters worked in the ports, - Victor Olersky underlined. – Now we have Basin Authorities run by the Heads and including Harbour Masters’ Offices as individual branches.”
Olersky does not rule out that the law enforcement may face the issue of personal relations: «Taking into consideration that the Harbour Master is subordinate to the Head of Authority, corrupt practice and pressure against Harbour Masters is possible”.
To minimize dependence of Harbour Masters on SPA Heads, direct norms are introduced into the Law No 225-FZ. In particular, when performing his direct functions the Harbour Master is subordinate not to the Head of the Basin Authority but to the Federal Marine and River Transport Agency.
Besides, the Ministry of Transport has developed Regulations on Harbour Masters and SPA Heads. The Ministry has tried to take in consideration all aspects of the relations between Harbour Masters and SPA Heads. “I would not say those acts are perfect. We’ll observe the law enforcement process and introduce amendments if necessary,” Victor Olersky added.
In the nearest time, the Regulations on Heads of Basin Authorities will include the clause providing Harbour Masters with the possibilities to carry out their activities without addressing the Head of Authority.
The Federal Law of the Russian Federation dated July 23, 2013 (N 225-FZ) «On Amendments to Certain Legislative Acts of the Russian Federation» came into force on January 21, 2014.
Under the new law, the Sea Ports Authority is created in respect of two or more seaports in the form of publicly funded institution and acts in accordance with the Regulations on seaports administrations, approved by the federal executive authority in the field of transportation. The list of seaports, included in the authority of ports, is approved by the federal executive authority in the field of transportation.
The Sea Ports Authority is run by the head of SPA.
The Sea Ports Authority provides assistance to Harbour Masters in execution of their functions specified by this Federal Law, other federal laws, legal acts of the Russian Federation Government, and also provides services to customers in the seaports of Russia in accordance with the requirements hereof. The list of services rendered in seaports by SPA is established by the federal executive authority in the field of transportation.
The head of the Sea Ports Authority can not interfere in the management of Harbour Master and his stuff while executing his duties.