Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government by a communication transmitted to the Office on 30 November 2016 recalling that Ukraine is one of the leaders in the world maritime labour market with over 100,000 seafarers currently working in the shipping industry worldwide. The Committee further notes the Government’s indication that ensuring the ratification of the Seafarers’ Identity Documents Convention (Revised) (No. 185), is an important objective for the country and that technical assistance from the Office is required in this regard. The Committee requests the Government to provide information on the progress made towards the ratification of Convention No. 185. It invites the Government to avail itself of the technical assistance of ILO for the purpose of implementing the Convention.

Article 4 of the Convention. Form and content of the seafarers’ identity document. The Committee notes with interest the Government’s indication concerning the adoption of Order No. 441 of 26 July 2015 of the Cabinet of Ministers on Seafarers’ Identity Documents. This Order stipulates the procedure concerning the completion, issuance, exchange, return to the State, and disposal of seafarers’ identity documents. It further establishes the details and format of the seafarers’ identity document indicating that it should contain a contactless chip in accordance with the requirements of Doc. 9303 of the International Civil Aviation Organization (ICAO). The Committee notes that the details provided under Annex I of Order No. 441 in relation to the form and content of the seafarers’ identity document are in conformity with Article 4 of the Convention. Noting that a specimen of a seafarers’ identity document has not been provided by the Government, the Committee requests it to provide one with its next report.

Article 5(2). Readmission. In its previous comment, the Committee requested the Government to indicate by what means it facilitates the entry into the country of a seafarer who holds an expired Ukrainian seafarers’ identity document. The Committee notes the Government’s indication that according to the Rules of Crossing the State Border by Citizens of Ukraine, approved by Order No. 57 of 27 January 1995, citizens of Ukraine may cross the state border using a seafarers’ identity document. Where such document expires while the citizen is outside Ukraine, the citizen must obtain an identity document issued by a diplomatic mission or consular office of Ukraine abroad, enabling the Ukrainian citizen to enter the national territory. While noting this information, the Committee recalls that Article 5 of the Convention requires that any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which this Convention is in force shall be readmitted to that territory during a period of at least one year after the date of expiry indicated in the said document. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to ensure that any seafarer who holds an expired seafarers’ identity document is readmitted into Ukraine during a period of at least one year after the date of expiry indicated in the said document, as required by Article 5 of the Convention.

The Committee further recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1) of the Convention. Entitlement to repatriation. Further to its previous comment, the Committee recalls that section 55 of the Merchant Shipping Code (Act No. 176/95-BP), is not fully consistent with this Article of the Convention that recognizes the seafarers’ right to repatriation every time they are landed during the term of their engagement or on its expiration. Recalling that the seafarers’ entitlement to repatriation is set out in equally general terms in Standard A2.5(1) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his/her engagement or on its expiration, the seafarer will be entitled to repatriation irrespective of who should bear the expenses.

Article 4(d). Repatriation expenses. Further to its previous comment, the Committee notes that under section 55 of Act No. 176/95-BP, shipowners are liable to bear the costs of repatriation in the event of repatriation due to: (i) termination of employment by the shipowner or an authorized representative; (ii) seafarer’s illness or injury; (iii) shipwreck; or (iv) shipowners’ inability to meet their obligations arising from legislation or relevant agreements. Recalling that Article 4(d) requires shipowners to also bear the costs for repatriation of seafarers who have been left behind by reason of discharge for any cause for which they cannot be held responsible, the Committee requests the Government to take measures to ensure, in law and in practice, that the costs of repatriation in these situations are borne by the shipowner. The Committee recalls that the same requirement is expressed in similar terms in Standard A2.5(1)(b) of the MLC, 2006 which confers the right to repatriation when the seafarers’ employment agreement is terminated by the shipowner, or by the seafarer for justified reasons.

Part V of the report form. Practical application. The Committee requests the Government to supply information of a general nature, including for instance, statistics on the number of seafarers covered by the Convention, extracts from official reports, copies of relevant parts of collective agreements, and any difficulties encountered in the practical application of the Convention.

Finally, the Committee recalls that Convention No. 23, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006 which contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 the most up-to-date standards on repatriation. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006 in the very near future and to keep the Office informed on any steps taken towards the early ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 of the Convention. Ship inspection. Further to its previous comment, the Committee requests the Government to indicate the specific provisions of the Regulations on the Main State Inspection of Ukraine on Safety Navigation (Decree of the Cabinet of Ministers No. 2098 of 30 December 1998) that require an inspection of the crew accommodation on every occasion when a ship is registered or re-registered or a complaint is received from a recognized organization of seafarers. The Committee recalls, in this respect, that the same requirements have been incorporated in Standard A3.1(3) and Standard A5.1.4(5) of the Maritime Labour Convention, 2006 (MLC, 2006).

Articles 6(2), (11) and (12). Design and construction. The Committee requests the Government to specify the legal provisions giving effect to the prohibition of direct openings into sleeping rooms from certain spaces and prescribing the materials to be used for the construction of floors and joinings. The Committee recalls, in this respect, that the same requirements have been incorporated in Standard A3.1(6)(e) and (f) of the MLC, 2006.

Article 10(1). Sleeping rooms. The Committee requests the Government to indicate and transmit a copy of the legal text in which it is specifically provided that sleeping rooms must be situated above the load line amidships or aft. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A3.1(6)(c) of the MLC, 2006.

Article 11(3). Mess rooms. The Committee notes that whereas section 2.4.7.3 of the Sanitary Rules provides for separate mess accommodation in ships with a crew of more than 25 persons, no provision is made for three separate mess rooms in ships of 1,000 tons and over, as required under this Article of the Convention. The Committee requests the Government to provide additional explanations on this point.

Article 17(2). Regular inspections by the master. The Committee requests the Government to explain how it is ensured in law and practice that the master, or master’s representative, inspects all crew accommodation at intervals of not more than one week, as required under this Article of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A3.1(18) of the MLC, 2006.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including for instance, information on the number of seafarers and ships covered by the measures giving effect to the Convention, inspection results showing the number and nature of deficiencies observed in the field of crew accommodation, as well as copies of inspection forms and check lists currently in use.

Finally, the Committee recalls that the MLC, 2006, which revises Convention No. 92 as well as 36 other international maritime labour Conventions, contains, in Regulation 3.1, Standard A3.1 and Guideline B3.1 the most up-to-date requirements on crew accommodation together with a very detailed inspection regime for monitoring compliance with those requirements. Noting the Government’s announced intention to ratify the MLC, 2006 shortly, the Committee requests the Government to keep the Office informed of any progress made in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7(2) of the Convention. Furnishings for recreation accommodation. The Committee notes that section 2.4.1 of the State Sanitary Rules for Seagoing Vessels (DSP 7.7.4-057-2000) provides that recreational facilities, such as reading and smoking rooms and sport equipment, must be provided on board ships of category I (vessels engaged in voyages of more than five days) and category II (vessels engaged in voyages of no more than five days) but not in respect of all ships, as prescribed by this Article of the Convention. The Committee accordingly requests the Government to take appropriate action in order to bring the above indicated provision of the Sanitary Rules into line with the Convention. The Committee recalls, in this respect, that similar standards on recreation accommodation have been incorporated in Guideline B3.1.11(2) and (4) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 8(6). Laundry facilities. The Committee notes that under section 2.8.4.1.1 of the Sanitary Rules all ships of category I and category II must be equipped with facilities for washing and drying cloths, while such facilities are only recommended for ships in category III (ships engaged in voyages of up to 24 hours) and category IV (ships engaged in voyages of up to eight hours). The Committee therefore requests the Government to take the necessary action in order to bring the Sanitary Rules into conformity with the Convention on this point. The Committee recalls, in this respect, that the same requirement is reflected in Standard A3.1(13) of the MLC, 2006.

Finally, the Committee recalls that the MLC, 2006, which revises Convention No. 133 as well as 36 other international maritime labour Conventions, contains, in Regulation 3.1, Standard A3.1 and Guideline B3.1 the most up-to-date requirements on crew accommodation together with a very detailed inspection regime for monitoring compliance with those requirements. Noting the Government’s announced intention to ratify the MLC, 2006 shortly, the Committee requests the Government to keep the Office informed of any progress made in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(b) of the Convention. Definition of “seaman”. The Committee requests the Government once again to clarify whether the term “seaman” also covers those persons on board the vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on ships.

Article 3(1). Entitlement to repatriation. The Committee notes that, according to section 55(1) of the Merchant Shipping Code, a seafarer is repatriated at the shipowner’s expense in the following cases: termination of employment by the shipowner or an authorized representative; illness or injury; shipwreck; inability of the shipowner to meet obligations arising from national legislation or from the relevant agreement. It draws the Government’s attention to the fact that Article 3(1) of the Convention confers on any seafarer, who is landed during the term of his/her engagement or on its expiration, the right to be taken back to one of the three repatriation destinations provided for in the Convention. Consequently, the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his/her engagement or on its expiration, the seafarer shall be entitled to repatriation; this being without prejudice to the arrangements made concerning repatriation expenses.

Article 5(2). Remuneration. The Committee requests the Government to clarify whether, when a seafarer is repatriated as a member of a crew, he/she is entitled to remuneration for work done during the voyage.

Article 4(d). Repatriation expenses. The Committee requests the Government to indicate the measures taken to ensure that the expenses of repatriation shall under no circumstances be borne by seafarers left behind by reason of discharge for any cause for which they cannot be held responsible.

Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information on any practical difficulties in the application of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3 and 4 of the Convention. Certificate of qualification of ships’ cooks. Further to its previous comments, the Committee notes the Government’s indication that the conditions for obtaining a certificate of qualification as a ship’s cook are regulated in Order of the Inspectorate for Seafarers’ Training and Qualifications, No. 109 of 5 November 2007. According to the Government’s report, candidates for the position of a ship’s cook must: (i) be at least 18 years of age; (ii) pass the necessary specialized training; (iii) be medically fit for work on ships; (iv) have the necessary sea service; and (v) demonstrate their proficiency before the state qualification commission. The Government adds that in order to be considered by the state qualification commission, candidates must submit, among others, a seaman’s book confirming work experience on ships, as provided for in the Order of the Chief Inspectorate No. 185 of 30 October 2009 on the procedure for examining proficiency in the state qualification commission. Furthermore, in accordance with Order of the Ministry of Transport and Communications No. 863 of 10 December 2001, candidates have to undergo a competency assessment in matters such as preparation of various types of dishes, meals for multinational crews, quality of products and storage, baking and safety in the galley. The Committee requests copies of Orders Nos 109 of 2007, 185 of 2009 and 863 of 2001. It also requests the Government to forward copies of Orders Nos 686 of 2004 and 83 of 2001, referred to in the Government’s report.

Article 4(2)(b). Minimum period of service at sea. The Committee notes the Government’s indication that the minimum period of professional experience for cooks of grade 4 is 12 months and for cooks of grade 5 or 6 is 18 months. The Committee understands, however, that only in the case of cooks of grade 5 or 6 a minimum length of service on seagoing vessels is required, whereas no minimum period of service at sea seems to be prescribed for ships’ cooks of a lower grade. The Committee therefore requests the Government to specify how it is given effect to this provision of the Convention in respect of ships’ cooks of grades lower than 5 or 6.

The Committee takes this opportunity to recall that Convention No. 69 has been revised by the Maritime Labour Convention, 2006 (MLC, 2006), and that its main provisions are now incorporated in Regulation 3.2(3), Standard A3.2(3) and (4), and Guideline B3.2.2 of the latter instrument. In this connection, the Committee notes with interest the Government’s indication that the minimum age for ships’ cooks is set at 18 years of age which is in conformity with Standard A3.2(8) of the MLC, 2006. The Committee therefore invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. Form and content of the seafarer’s identity document. Further to its previous comment, the Committee requests the Government to provide a specimen (not a photocopy) of the seamen’s identification booklet currently in use.

Article 5(2). Readmission. The Committee notes the Government’s indication that there exists no legislative provision giving effect to this requirement of the Convention. Recalling that under the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of another State party to the Convention and to return to the issuing State even after expiry, the Committee requests the Government to indicate by what means it is facilitating the entry into the country of a seafarer who holds an expired Ukrainian seafarer’s identity document.

Finally, the Committee takes this opportunity to recall that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted by the ILO to enhance port and border security while developing a more secure and globally uniform seafarers’ identity document. In fact, Convention No. 185 complements actions taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS), and it sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that Members may easily adapt their systems while taking national circumstances into account. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee therefore invites the Government to consider the possibility of ratifying Convention No. 185 in the near future and to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(a)(i) of the Convention. Safety standards. Manning requirements. The Government indicates that new regulations on the minimum safe manning of seagoing ships of Ukraine are expected to be approved shortly. The new regulations are drafted on the basis of the provisions of the International Maritime Organization’s Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the ILO’s Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180). The Committee requests the Government to provide a copy of the new regulations once they have been issued.

Article 2(a)(ii). Social security measures. The Committee requests the Government to indicate which of the three Conventions, that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intends to apply for the purposes of substantial equivalence and to indicate the corresponding provisions of national laws or regulations which would be applicable in each case.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. The Committee has been requesting the Government for a number of years to indicate the legal provisions regulating the form and content of the seafarer’s employment contract and to transmit sample copies of employment contracts. In the absence of any reply on this point, the Committee once more requests the Government to explain how substantial equivalence is ensured with the requirements of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), and to forward a copy of any model seafarer’s employment contract currently in use.

Article 2(f). Flag State inspections. The Government indicates that labour inspection visits are organized and carried out by the National Committee for Safety, Labour Protection and Inspection of Mines, under section 3 of Cabinet of Ministers Decree No. 1640, of 23 November 2006. The Committee requests the Government to provide more detailed information on the organization and functioning of the services responsible for the periodic inspection of the working and living conditions on board Ukrainian-registered vessels (e.g. size of the inspection staff, types and frequency of inspections, statistics on the number and results of inspection visits, as well as the number and nature of complaints received and action taken).

Article 4. Port State control. The Committee notes the Government’s indication that new draft legislation is currently under preparation on a
2011–13 national programme for the improvement of occupational safety and health and working environment, which includes specific measures to enhance safety and labour protection on board merchant ships. The Committee requests the Government to specify the exact provisions regulating port State control inspections, in particular, as regards the powers and means of action of inspectors, the working and living conditions as well as ship spaces subject to inspection, and the handling of complaints. The Committee also requests the Government to provide up-to-date information on port State control activities, including, for instance, available statistics showing the number of ships inspected and detained, as well as the number and nature of any complaints examined. Moreover, the Committee would appreciate receiving a copy of the new legislation on occupational safety and health and working environment once it has been adopted.

Finally, the Committee recalls that Convention No. 147, together with 67 other international maritime labour instruments, has been revised by the Maritime Labour Convention, 2006 (MLC, 2006). It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovatory and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee wishes to highlight the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers, as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. Noting that the Government has taken active steps towards the review of the national legislation which would eventually permit the early ratification and effective implementation of the MLC, 2006, the Committee requests the Government to keep the Office informed of any progress made in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s reply to its previous comments concerning Article 2(a) of the Convention (Convention No. 53, Articles 3 and 4) and the adoption of Cabinet of Ministers Order No. 38 of 15 January 2005 approving the Regulations concerning procedures for awarding officers’ ranks for maritime ships. It further notes that certificates for non-officer ranks on board ships are issued in accordance with procedures established by the Ministry of Transport and Communications. The Committee requests the Government to provide it with copies of the texts governing these procedures.

Article 2, subparagraph (a), of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine.)

–      Conventions Nos 55, 56 and 130. Please indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

–      Convention No. 22. The Committee asks the Government to provide a sample of the employment contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); and to indicate whether an entry made in the work record book in cases of discharge of a seaman indicates the grounds for such discharge (Article 14, paragraph 1).

–      Standards of manning. In its previous comments, the Committee asked the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea. The Committee notes the Government’s indication that currently this matter is governed by the Regulations on Minimum Manning of Ships, approved by the Ministry of the Maritime Fleet of the former USSR on 9 November 1969 under Order No. 199. The Government further indicates that new Regulations on the minimum safe manning of seagoing ships of Ukraine, drafted on the basis of the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), have been submitted for approval. The Committee requests the Government to provide a copy of the new Regulations when adopted.

Article 2, subparagraph (b). Please indicate how cooperation is organized between different inspection services.

Article 2, subparagraph (f). The Committee notes the Government’s indication that the mechanism of inspection to verify compliance with the various standards mentioned in this subparagraph is determined by article 88 of the Merchant Shipping Code of Ukraine and by the Order No. 40 of the Ministry of the Maritime Fleet of the former USSR, dated 21 May 1991, which is still applied in Ukraine. The Government further indicates that the information on the operation of the inspection (such as the size of the inspection staff, number and results of inspections and investigations of complaints, penalties imposed) has not been summarized yet. The Committee hopes that the Government would be able to provide details of the functioning of the various inspection services in its next report.

Article 3. In its previous comments, the Committee asked the Government to indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with the employment on vessels registered in States which have not ratified the Convention, mentioned in an earlier report, has been adopted. The Committee notes the Government’s indication that such set of measures has not been finalized. The Committee requests the Government to report on any progress in this respect.

Article 4, paragraph 1. The Committee asks the Government to describe the procedure for the adoption of necessary measures for rectifying any conditions on board of a vessel that obviously threaten safety or health.

Article 4, paragraph 2. The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and asks the Government to provide additional information on the following points.

Article 1, paragraph 2, of the Convention. Scope of the application. Please indicate the provisions which require that the port captain shall, in case of doubt, determine whether any categories of persons are to be regarded as seafarers and shall consult representative organizations of shipowners and seafarers before making a decision.

Article 4, paragraphs 2 and 6. Content of seafarer’s identity document. The Committee notes the information on consultations prior to decisions with regard to identity documents. As the Government has provided a photocopy of the seafarer’s identity document, and not a true specimen, the Committee again requests the Government to provide with its next report a true specimen (invalidated) of the seafarer’s identity document.

Article 5. Readmission. In response to the Committee’s previous direct request, the Government points to Presidential Decree No. 194/93 of 5 June 1993. The excerpts of the Decree, cited in the Government report, do not, however, provide that the seafarer shall be re-admitted to the territory of Ukraine during a period of at least one year after any date of expiry indicated in the seafarer’s identity document. The Committee again invites the Government to indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarer’s identity document issued to a foreign seafarer.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statistical data supplied with the Government’s report under Part V of the report form concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreigners.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s reply to its previous comments concerning Article 2(a) of the Convention (Convention No. 53, Articles 3 and 4) and the adoption of Cabinet of Ministers Order No. 38 of 15 January 2005 approving the Regulations concerning procedures for awarding officers’ ranks for maritime ships. It further notes that certificates for non-officer ranks on board ships are issued in accordance with procedures established by the Ministry of Transport and Communications. The Committee requests the Government to provide it with copies of the texts governing these procedures.

The Committee notes that the Government’s report contains no reply to its other comments.

Article 2, subparagraph (a), of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine.)

–      Conventions Nos 55, 56 and 130. Please indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

–      Convention No. 22. The Committee asks the Government to provide a sample of the employment contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); and to indicate whether an entry made in the work record book in cases of discharge of a seaman indicates the grounds for such discharge (Article 14, paragraph 1).

–      Standards of manning. In its previous comments, the Committee asked the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea. The Committee notes the Government’s indication that currently this matter is governed by the Regulations on Minimum Manning of Ships, approved by the Ministry of the Maritime Fleet of the former USSR on 9 November 1969 under Order No. 199. The Government further indicates that new Regulations on the minimum safe manning of seagoing ships of Ukraine, drafted on the basis of the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), have been submitted for approval. The Committee requests the Government to provide a copy of the new Regulations when adopted.

Article 2, subparagraph (b). Please indicate how cooperation is organized between different inspection services.

Article 2, subparagraph (f). The Committee notes the Government’s indication that the mechanism of inspection to verify compliance with the various standards mentioned in this subparagraph is determined by article 88 of the Merchant Shipping Code of Ukraine and by the Order No. 40 of the Ministry of the Maritime Fleet of the former USSR, dated 21 May 1991, which is still applied in Ukraine. The Government further indicates that the information on the operation of the inspection (such as the size of the inspection staff, number and results of inspections and investigations of complaints, penalties imposed) has not been summarized yet. The Committee hopes that the Government would be able to provide details of the functioning of the various inspection services in its next report.

Article 3. In its previous comments, the Committee asked the Government to indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with the employment on vessels registered in States which have not ratified the Convention, mentioned in an earlier report, has been adopted. The Committee notes the Government’s indication that such set of measures has not been finalized. The Committee requests the Government to report on any progress in this respect.

Article 4, paragraph 1. The Committee asks the Government to describe the procedure for the adoption of necessary measures for rectifying any conditions on board of a vessel that obviously threaten safety or health.

Article 4, paragraph 2. The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s reply to its previous comments concerning Article 6 of the Convention. It draws the Government’s attention to the following remaining points:

Article 2, paragraph (b), of the Convention. Definition of “seaman”. In the absence of any information, the Committee asks the Government once again to clarify whether the term “seaman” also covers those persons on board the vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on ships.

Article 3, paragraph 1. Right to repatriation. The Government refers to section 55(1) of the Merchant Shipping Code, according to which a seafarer is repatriated at the shipowner’s expense in the following cases: termination of employment by the shipowner or an authorized representative; illness or injury; shipwreck; inability of the shipowner to meet obligations arising from national legislation or from the relevant agreement (contract). Article 3, paragraph 1, of the Convention confers on any seafarer, who is landed during the term of his engagement or on its expiration, the right to be taken back to one of the three repatriation destinations provided in the Convention. In other words, the seafarer shall be entitled to be repatriated in all cases where he is landed during the term of his engagement or on its expiration – and this regardless as to whether, under Article 4 of the Convention, the repatriation expenses are borne by the shipowner or by the seafarer. Given that national legislation does not determine who should organize and bear the charge of repatriation in cases other than those explicitly listed in section 55(1), the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his engagement or on its expiration, the seafarer shall be entitled to repatriation; this being without prejudice to the arrangements made concerning repatriation expenses.

Article 3, paragraph 2, and Article 5, paragraph 2. Repatriation through suitable employment. Since the report remains silent on the subject, the Committee asks the Government once again to clarify whether national legislation considers the seafarer to have been duly repatriated, if he has been provided with suitable employment on board a vessel proceeding to one of the repatriation destinations prescribed in accordance with Article 3, paragraph 2. If so, please indicate how it is ensured that, when a seafarer is repatriated as a member of a crew, he is entitled to remuneration for work done during the voyage.

Article 4, paragraph (d). Repatriation expenses. The obligation of the shipowner, under section 55(1) of the Merchant Shipping Code, to bear repatriation costs in case of termination of employment by the shipowner or an authorized representative and in case of inability of the shipowner to meet obligations arising from national legislation or from the relevant contract, does not cover all cases envisaged by Article 4, paragraph (d), of the Convention. For instance, certain cases of termination of employment by mutual consent of the parties or by the seafarer can also be considered as cases of discharge for causes for which the seafarer cannot be held responsible. The Committee asks the Government to indicate the measures taken to ensure that the expenses of repatriation shall under no circumstances be born by seafarers left behind by reason of discharge for any cause for which they cannot be held responsible.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. The Government indicates that no statistics relating to the Convention are available. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on any practical difficulties in the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3 of the Convention. Requirement of certificate. In its previous comments, the Committee has asked the Government to indicate the specific provisions of national laws or regulations prescribing that no person shall be engaged as ship’s cook on board any seagoing vessel to which this Convention applies, unless this person holds a certificate of qualification as ship’s cook. The Government states that posts of crew members of non-officer ranks may be taken up by persons in possession of the appropriate documents issued in the established manner and confirming their qualifications for the post in question. While noting the specimen of a certificate of qualification as a ship’s cook supplied by the Government, the Committee once again requests the Government to specify the particular provisions in national legislation ensuring that persons can only be engaged as ship’s cooks on board seagoing vessels to which this Convention applies, if they hold a certificate of qualification for this capacity, in conformity with Article 3 of the Convention.

The Government further indicates that the certificates for non-officer ranks on board ships, including ship’s cooks, are issued in accordance with procedures established by the Ministry of Transport and Communications. Please describe these procedures established by the Ministry of Transport and Communications or any other competent authority for granting certificates of qualification as a ship’s cook.

Article 4, paragraph 2(b). Minimum period of service at sea. The Government had previously indicated that the minimum length of service required to obtain a certificate of competency as a ship’s cook of grade 5 or 6 is one and a half years. The Committee asks the Government to clarify whether the totality or at least a part of the minimum length of service of one and a half years is to be served at sea, as required by this provision of the Convention.

In its last comment, the Committee had asked the Government to indicate the minimum period of service at sea which has been prescribed in order to obtain a certificate of a ship’s cook grade lower than grade 5 or 6. In the absence of any reply, it requests the Government once again to indicate the prescribed minimum period of service at sea to obtain a certificate of competency as a ship’s cook of a lower grade than grade 5 or 6.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the new state Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000). It also notes the Government’s reply to the Committee’s previous comments concerning Article 1, paragraphs 1, 3(d) and 4(b); Article 3, paragraph 2(a), (d) and (e); Article 4, paragraph 1; Article 6, paragraphs 6 and 8; and Article 10, paragraphs 2, 3 and 10, of the Convention.

In its 2002 report, the Government maintained that the new Sanitary Rules implement several requirements of the Convention; without, however, specifying the relevant sections. The Committee therefore requests the Government to describe in detail and indicate the specific provisions in the Sanitary Rules giving effect to the following requirements of the Convention:

–      Article 6, paragraph 2 (prohibition of direct openings into sleeping rooms from certain spaces; requirements for the bulkheads separating such places from sleeping rooms);

–      Article 7, paragraph 5 (availability of power for the operation of the aids to ventilation);

–      Article 8, paragraph 2 (operation of the heating system);

–      Article 10, paragraphs 17 and 19 (material of framework and leeboard of berth; material of mattress);

–      Article 11, paragraphs 1, 3, 4, 7 and 10 (sufficient mess room accommodation in all ships; separate mess room accommodation in certain cases; mess room accommodation for catering department; exceptions for passenger ships; material of tables and seats);

–      Article 12, paragraph 1 (recreation space on open deck on all ships);

–      Article 13, paragraphs 2, 4(b), 5 and 7 (minimum number of water closets; one water closet for every eight persons or less; exemptions in case of more than 100 crew members or passenger vessels engaged in voyages of a maximum of four hours’ duration; appropriate size and material of washbasins and tub baths); and

–      Article 15, paragraph 2 (rooms to be used as offices for the deck department and for the engine department).

Article 5(a) and (c). Inspection by the competent authority. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of carrying out inspections are stipulated in the Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998. The Committee asks the Government to specify the particular sections of the above Regulations requiring the competent authority to inspect the ship: on every occasion when it is registered or re-registered (paragraph (a)); and upon the receipt of a complaint made by a recognized bona fide trade union of seafarers (paragraph (c)).

Article 6, paragraphs 11 and 12. Floorings. In its previous comments, the Committee requested the Government to indicate the specific provisions in national legislation giving effect to paragraphs 11 and 12 of this Article of the Convention. In its 2002 report, the Government stated that the requirements in respect of floorings are reflected in the Safety Requirements. The Committee asks the Government to specify the particular sections of the Safety Requirements that concern floorings of decks and joinings with sides.

Article 7, paragraph 3. Ventilation. With reference to the Committee’s previous request for information concerning this provision of the Convention, the Government states that, at present, the required data are not available. The Committee asks the Government to indicate whether ships, regularly engaged on voyages in hot climate zones, are equipped with both mechanical means of ventilation and electric fans, when one of these means does not suffice to ensure satisfactory ventilation.

Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28. Sleeping rooms. In its 2002 report, the Government stated that the implementation of these requirements is ensured by the observance of the: (i) Sanitary Rules; (ii) Occupational Safety Requirements for Seagoing Vessels (RD 31.81.01-87); (iii) Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75); and (iv) Rules for the Classification and Construction of Seagoing Vessels. The Committee asks the Government to specify the particular provisions of these instruments giving effect to the requirements of the Convention concerning sleeping rooms.

Article 13, paragraph 12. Facilities for washing and drying clothes. The Government indicates that, under the new Sanitary Rules, the facilities for washing and drying clothes are mandatory on ships of Categories I and II, but only recommended on ships of Categories III and IV. The Convention, however, requires that facilities for washing and drying clothes be provided in all ships to which the Convention is applicable. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 17, paragraph 2. Regular inspections by the master. In reply to the Committee’s previous request to specify the particular provisions in national legislation that set forth the regularity of the inspections of crew accommodations, the Government states that this is established by the regulations of the inspection bodies. The Committee points out that Article 17, paragraph 2, requires the master, or an officer specially deputed for the purpose by the master, accompanied by one or more members of the crew, to inspect all crew accommodation at intervals of not more than one week. The Committee requests the Government to indicate the specific provisions giving effect to this provision of the Convention and supply the relevant legislative texts.

Article 18, paragraph 4. Application to existing ships. Please indicate whether the competent authority may require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible, having regard to the practical problems involved, in case of ships other than those referred to in paragraphs 2 and 3 of this Article, or ships, to which the provisions of this Convention were applicable while they were under construction, that are being re-registered (paragraph 4).

Part III of the report form. While noting the information supplied by the Government under Article 3, paragraph 2(d), the Committee requests the Government once again to supply full particulars on the organization and working of inspection.

Please also supply copies of the following legislative texts:

–      Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) as revised;

–      Regulations on the Main State Inspection of Ukraine on Safety Navigation, as approved by Decree of the Cabinet of Ministers of Ukraine No. 2098 of 30 December 1998; and

–      Rules for the classification and construction of seagoing vessels of the register of the USSR (1990).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the statistical data supplied with the Government’s report under Part V of the report form concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreigners. It further notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read essentially as follows:

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000). It also notes the Government’s reply to
the Committee’s previous comments concerning Article 4, paragraph 2(a), (d) and (e), of the Convention.

In its 2002 report, the Government maintained that the Sanitary Rules implement several requirements of the Convention without, however, specifying the relevant sections. The Committee therefore requests the Government to indicate in detail the specific provisions in the new Sanitary Rules giving effect to the following requirements of the Convention:

–           Article 7, paragraph 2 (furnishing for recreation accommodation);

–           Article 7, paragraph 3 (smoking room or library room and a hobby and games room); and

–           Article 8, paragraph 1 (one water closet for every six persons or less).

Article 1, paragraphs 1 and 5(b), of the Convention. Scope of application. In the absence of any reply to its request for clarification as to the scope of the Safety Requirements for seagoing vessels (RD 31.81.01-87), the Committee once again asks the Government to indicate whether the Safety Requirements apply to privately owned vessels (paragraph 1), and whether they are applicable to the accommodation of persons engaged in usual seagoing routine in ships engaged in whaling or in similar pursuits (paragraph 5(b)).

Article 8, paragraph 6. Facilities for washing, drying and ironing clothes. The Government indicates that, under the Sanitary Rules, the facilities for washing, drying and ironing clothes are mandatory on ships of Categories I and II, but only recommended on ships of Categories III and IV. The Convention, however, requires that facilities for washing, drying and ironing clothes be provided in all ships to which the Convention is applicable. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 13, paragraph 3. Application to existing ships. Please indicate whether, in the case of ships other than those referred to in paragraphs 1 and 2 of this Article, or ships to which the provisions of this Convention were applicable while they were under construction and that are being re-registered, the competent authority may require such alterations for the purpose of bringing the ships into conformity with the requirements of the Convention as it deems reasonable and practicable having regard in particular to technical, economic and other problems involved in the application of Articles 5, 8 and 10.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s reply to its previous comments concerning Article 2(a) of the Convention (Convention No. 53, Articles 3 and 4) and the adoption of Cabinet of Ministers Order No. 38 of 15 January 2005 approving the Regulations concerning procedures for awarding officers’ ranks for maritime ships. It further notes that certificates for non-officer ranks on board ships are issued in accordance with procedures established by the Ministry of Transport and Communications. The Committee requests the Government to provide it with copies of the texts governing these procedures.

The Committee notes that the Government’s report contains no reply to its other comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read essentially as follows:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine.)

–      Conventions Nos. 55, 56 and 130. Please indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

–      Convention No. 22. The Committee asks the Government to provide a sample of the employment contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); and to indicate whether an entry made in the work record book in cases of discharge of a seaman indicates the grounds for such discharge (Article 14, paragraph 1).

–      Standards of manning. In its previous comments the Committee asked the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea. The Committee notes the Government’s indication that currently this matter is governed by the Regulations on Minimum Manning of Ships, approved by the Ministry of the Maritime Fleet of the former USSR on 9 November 1969 under Order No. 199. The Government further indicates that new Regulations on the minimum safe manning of seagoing ships of Ukraine, drafted on the basis of the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), have been submitted for approval. The Committee requests the Government to provide a copy of the new Regulations when adopted.

Article 2(b). Please indicate how cooperation is organized between different inspection services.

Article 2(f). The Committee notes the Government’s indication that the mechanism of inspection to verify compliance with the various standards mentioned in this subparagraph is determined by article 88 of the Merchant Shipping Code of Ukraine and by the Order No. 40 of the Ministry of the Maritime Fleet of the former USSR, dated 21 May 1991, which is still applied in Ukraine. The Government further indicates that the information on the operation of the inspection (such as the size of the inspection staff, number and results of inspections and investigations of complaints, penalties imposed) has not been summarized yet. The Committee hopes that the Government would be able to provide details of the functioning of the various inspection services in its next report.

Article 3. In its previous comments the Committee asked the Government to indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with the employment on vessels registered in States which have not ratified the Convention, mentioned in an earlier report, has been adopted. The Committee notes the Government’s indication that such set of measures has not been finalized. The Committee requests the Government to report on any progress in this respect.

Article 4, paragraph 1. The Committee asks the Government to describe the procedure for the adoption of necessary measures for rectifying any conditions on board of a vessel that obviously threaten safety or health.

Article 4, paragraph 2. The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It asks the Government to provide further information on the following points.

Article 2, paragraph (b), of the Convention. Please clarify whether the term "seaman" covers those persons on board vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on cruise ships.

Article 3, paragraph 1. Under this provision of the Convention, any seaman, who is landed during the term of his engagement or on its expiration, shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation. The current wording of section 55 of the Merchant Shipping Code raises certain concerns whether full effect is given to Article 3 of the Convention. Section 55 of the Code is silent on who should organize and who should bear the charge of repatriation in cases of discharge for reasons other than those explicitly listed (such as, for example, the termination of labour agreement (contract) by the seafarer or by mutual consent of the parties). Please clarify who shall organize and who shall bear the charge of repatriation in cases of discharge for reasons other than those explicitly indicated in section 55, part 1, of the Merchant Shipping Code.

Article 3, paragraph 2, and Article 5, paragraph 2. Please clarify whether national legislation allows to provide a seaman with suitable employment on board a vessel proceeding to one of the destinations for repatriation prescribed in accordance with paragraph 2 of Article 3. Please also indicate how it is ensured that when a seaman is repatriated as a member of a crew, he is entitled to remuneration for work done during the voyage.

Article 4, paragraph (d). Please indicate how it is ensured that the expenses of repatriation are not a charge on the seaman if he has been left behind by reason of discharge for any cause for which he cannot be held responsible.

Article 6. Please clarify whether Ukrainian consuls have instructions to advance, where necessary, the expenses of repatriation to both national and foreign seaman.

Part IV of the report form. Please indicate whether courts of law or other courts have given decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the practical application of the Convention, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

Part VI of the report form. The Committee asks the Government to indicate the representative organizations of employers and workers to which the reports on the application of the Convention have been communicated in accordance with article 23 of the ILO Constitution.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It asks the Government to provide further information on the following points.

Article 3 of the Convention. Please indicate specific provisions of national laws or regulations prescribing that no person shall be engaged as ship’s cook on board any seagoing vessels to which this Convention applies unless this person holds a certificate of qualification as ship’s cook.

Article 4, paragraph 2(b). Please indicate the minimum period of service at sea which has been prescribed in order to obtain a certificate of ship’s cook grade lower than grade 5 or 6.

Part IV of the report form. Please indicate whether courts of law or other courts have given decisions involving questions of principle relating to the application of the Convention.

Part VI of the report form. Please indicate the representative organizations of employers and workers to which the reports on the application of the Convention have been communicated in accordance with article 23 of the ILO Constitution.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information in the Government’s report and in particular the practical problems concerning acceptance of the identity document in lieu of a passport.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5 of the Convention. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Part V of the report form. The Committee requests the Government to provide statistics concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreign seafarers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4 057 2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period ending August 1999. It requests the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine.)

-  Conventions Nos. 55, 56 and 130. Please indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

-  Convention No. 53 (Articles 3 and 4). In its previous comments the Committee asked the Government to provide information on the practical application of section 5 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by Order No. 276 of the Ministry of Maritime Fleet of the USSR, dated 29 December 1983 (the Regulations on Ranks), as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3 of Convention No 53. The Committee notes the Government’s indication that the new Regulations on the Issuance of Diplomas, their Confirmations, Competency Certificates and Privileged Permits to Command Personnel and Ratings of Seagoing Ships of Ukraine have been drafted and are in the process of approval. The Government indicates that these new Regulations would prescribe more precise conditions for granting privileged permits. The Committee requests the Government to provide information on progress in this regard as well as a copy of the new Regulations when adopted.

-  Convention No. 22. The Committee asks the Government to provide a sample of the employment contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); and to indicate whether an entry made in the work record book in cases of discharge of a seaman indicates the grounds for such discharge (Article 14, paragraph 1).

-  Standards of manning. In its previous comments the Committee asked the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea. The Committee notes the Government’s indication that currently this matter is governed by the Regulations on Minimum Manning of Ships, approved by the Ministry of the Maritime Fleet of the former USSR on 9 November 1969 under Order No. 199. The Government further indicates that new Regulations on the minimum safe manning of seagoing ships of Ukraine, drafted on the basis of the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), have been submitted for approval. The Committee requests the Government to provide a copy of the new Regulations when adopted.

Article 2(b). Please indicate how cooperation is organized between different inspection services.

Article 2(d)(ii). In its previous comments the Committee asked the Government to indicate whether the procedure for examination of complaints made in connection with the engagement in Ukraine of seafarers who are Ukrainian citizens for vessels registered in foreign countries has been adopted, and what arrangements have been made by Ukraine for reporting complaints in connection with the engagement in Ukraine of seafarers on ships registered in a foreign country to the competent authority of such country. The Committee notes the Government’s indication that currently the procedure of engagement of seafarers on ships registered in Ukraine, that of investigation of complaints made in connection with the engagement of seafarers on ships registered in Ukraine, and that of investigation of complaints made in connection with the engagement in Ukraine of Ukrainian seafarers on ships registered in a foreign country are governed only by the Labour Code of Ukraine. The Government also indicates that the existing legislation of Ukraine does not regulate the procedures of the communication of complaints of seafarers made in connection with their engagement in Ukraine on ships registered in foreign countries to the competent authorities of these countries. The Committee asks the Government to describe the existing procedure for recruitment and placement of seafarers of Ukraine on ships registered in a foreign country (directly or through an employment agency etc.), and provide copies of relevant regulations (if any).

Article 2(f). The Committee notes the Government’s indication that the mechanism of inspection to verify compliance with the various standards mentioned in this subparagraph is determined by article 88 of the Merchant Shipping Code of Ukraine and by the Order No. 40 of the Ministry of the Maritime Fleet of the former USSR, dated 21 May 1991, which is still applied in Ukraine. The Government further indicates that the information on the operation of the inspection (such as the size of the inspection staff, number and results of inspections and investigations of complaints, penalties imposed) has not been summarized yet. The Committee hopes that the Government would be able to provide details of the functioning of the various inspection services in its next report.

Article 3. In its previous comments the Committee asked the Government to indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with the employment on vessels registered in States which have not ratified the Convention, mentioned in an earlier report, has been adopted. The Committee notes the Government’s indication that such set of measures has not been finalized. The Committee requests the Government to report on any progress in this respect.

Article 4, paragraph 1. The Committee asks the Government to describe the procedure for the adoption of necessary measures for rectifying any conditions on board of a vessel that obviously threaten safety or health.

Article 4, paragraph 2. The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 3 and 4(a), Article 2(a) (Conventions Nos. 55, 56 and 130); Article 2(c) and (e) of the Convention, as well as under Parts III and V of the report form, and of the various documents provided by the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes, however, the adoption in 1995 of a new Merchant Shipping Code. The Committee requests the Government to provide a detailed report in conformity with the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report as well as the additional information communicated by the Government in the beginning of 2002. It notes that new State Sanitary Rules for seagoing vessels of Ukraine (DSP 7.7.4-057-2000) have been put into effect in Ukraine in 2000. The Committee further notes that the Rules of Accident Prevention on board seagoing vessels (RD 31.81.10-75) have been revised and were in the process of approval. The Committee would be grateful if the Government would submit with its next report the text of the State Sanitary Rules and the revised text of the Rules of Accident Prevention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report and in particular the practical problems concerning acceptance of the identity document in lieu of a passport.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5 of the Convention. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Point V of the report form. The Committee requests the Government to provide statistics concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreign seafarers.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes, however, the adoption in 1995 of a new Merchant Shipping Code. The Committee requests the Government to provide a detailed report in conformity with the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s first and second reports covering the period up to 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention.  Please indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") apply to privately owned vessels.

Article 1, subparagraph 5(b).  Please indicate whether the Safety Requirements are applicable to the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.

Article 4, subparagraph 2(a).  See under Convention No. 92, Article 3, subparagraph 2(a).

Article 4, subparagraph 2(d).  See under Convention No. 92, Article 3, subparagraph 2(d).

Article 4, subparagraph 2(e).  See under Convention No. 92, Article 3, subparagraph 2(e).

Article 7, paragraph 3.  The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1.  Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6.  The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of categories I and II and for ships of categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6, of the Convention facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Please also indicate whether the legislation of Ukraine gives effect to Article 7, paragraph 2, and Article 13, paragraph 3, of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report for the period ending August, 1999. It requests the Government to provide further information on the following points:

Article 2(a) of the Convention.  (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine.)

-  Conventions Nos. 55, 56 and 130.  Please indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

-  Convention No. 53 (Articles 3 and 4).  In its previous comments the Committee asked the Government to provide information on the practical application of section 5 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by Order No. 276 of the Ministry of Maritime Fleet of the USSR, dated 29 December 1983 (the Regulations on Ranks), as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3 of Convention No 53. The Committee notes the Government’s indication that the new Regulations on the Issuance of Diplomas, their Confirmations, Competency Certificates and Privileged Permits to Command Personnel and Ratings of Seagoing Ships of Ukraine have been drafted and are in the process of approval. The Government indicates that these new Regulations would prescribe more precise conditions for granting privileged permits. The Committee requests the Government to provide information on progress in this regard as well as a copy of the new Regulations when adopted.

-  Convention No. 22.  The Committee asks the Government to provide a sample of the employment contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); and to indicate whether an entry made in the work record book in cases of discharge of a seaman indicates the grounds for such discharge (Article 14, paragraph 1).

-  Standards of manning.  In its previous comments the Committee asked the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea. The Committee notes the Government’s indication that currently this matter is governed by the Regulations on Minimum Manning of Ships, approved by the Ministry of the Maritime Fleet of the former USSR on 9 November 1969 under Order No. 199. The Government further indicates that new Regulations on the minimum safe manning of seagoing ships of Ukraine, drafted on the basis of the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the Seafarers’ Training, Certification and Watchkeeping Code, and the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), have been submitted for approval. The Committee requests the Government to provide a copy of the new Regulations when adopted.

Article 2(b).  Please indicate how cooperation is organized between different inspection services.

Article 2(d)(ii).  In its previous comments the Committee asked the Government to indicate whether the procedure for examination of complaints made in connection with the engagement in Ukraine of seafarers who are Ukrainian citizens for vessels registered in foreign countries has been adopted, and what arrangements have been made by Ukraine for reporting complaints in connection with the engagement in Ukraine of seafarers on ships registered in a foreign country to the competent authority of such country. The Committee notes the Government’s indication that currently the procedure of engagement of seafarers on ships registered in Ukraine, that of investigation of complaints made in connection with the engagement of seafarers on ships registered in Ukraine, and that of investigation of complaints made in connection with the engagement in Ukraine of Ukrainian seafarers on ships registered in a foreign country are governed only by the Labour Code of Ukraine. The Government also indicates that the existing legislation of Ukraine does not regulate the procedures of the communication of complaints of seafarers made in connection with their engagement in Ukraine on ships registered in foreign countries to the competent authorities of these countries. The Committee asks the Government to describe the existing procedure for recruitment and placement of seafarers of Ukraine on ships registered in a foreign country (directly or through an employment agency etc.), and provide copies of relevant regulations (if any).

Article 2(f).  The Committee notes the Government’s indication that the mechanism of inspection to verify compliance with the various standards mentioned in this subparagraph is determined by article 88 of the Merchant Shipping Code of Ukraine and by the Order No. 40 of the Ministry of the Maritime Fleet of the former USSR, dated 21 May 1991, which is still applied in Ukraine. The Government further indicates that the information on the operation of the inspection (such as the size of the inspection staff, number and results of inspections and investigations of complaints, penalties imposed) has not been summarized yet. The Committee hopes that the Government would be able to provide details of the functioning of the various inspection services in its next report.

Article 3.  In its previous comments the Committee asked the Government to indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with the employment on vessels registered in States which have not ratified the Convention, mentioned in an earlier report, has been adopted. The Committee notes the Government’s indication that such set of measures has not been finalized. The Committee requests the Government to report on any progress in this respect.

Article 4, paragraph 1.  The Committee asks the Government to describe the procedure for the adoption of necessary measures for rectifying any conditions on board of a vessel that obviously threaten safety or health.

Article 4, paragraph 2.  The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 3 and 4(a), Article 2(a) (Conventions Nos. 55, 56 and 130); Article 2(c) and (e) of the Convention, as well as under Parts III and V of the report form, and of the various documents provided by the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Further to its previous comments, the Committee notes that the Government’s report was not received. It notes, however, the adoption in 1995 of a new Merchant Shipping Code. The Committee requests the Government to provide a detailed report in conformity with the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s report for the period from 1993 to 1997. It requests the Government to provide further information on the following points:

  Article 1, paragraph 1, of the Convention.  Please indicate whether privately owned vessels are within the jurisdiction of the Department of Maritime and River Transport of the Ministry of Transportation of Ukraine.

Article 1, subparagraph 3(d).  Please indicate whether tugs in Ukraine are considered as vessels that do not have premises for stay of crew and passengers, for storage of reserve of food and fresh water, excluded by section 1.1.2 of the Sanitary Rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules") from their scope.

Article 1, subparagraph 4(b).  The Committee requests the Government to indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements"), are applicable to vessels engaged in whaling or in similar pursuits.

Article 3, subparagraph 2(a).  The Committee requests the Government to provide any information about reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Ministry of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in Ukraine.

Article 3, subparagraph 2(d).  The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 3, subparagraph 2(e).  Please indicate whether the legislation of Ukraine requires the competent authorities of Ukraine to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 4, paragraph 1.  The Committee requests the Government to indicate what is the competent governmental authority of Ukraine that shall approve a plan of the ship from the point of view of its compliance with the Safety Requirements.

Article 5, subparagraph (a).  Please indicate what provisions of the national legislation require the competent authority to inspect the ship on every occasion when it is registered or re-registered.

Article 5, subparagraph (c).  Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union.

Article 6, paragraph 2.  Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6.  The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8.  Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11.  Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of decks.

Article 6, paragraph 12.  Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of the joinings with sides.

Article 7, paragraph 3.  The Committee asks the Government to provide information: (i) whether in Ukraine there are ships regularly engaged on voyages in the Tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10.  Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17.  Please indicate the specific provisions of the legislation of Ukraine that give effect to the requirement that the material of the berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19.  Please indicate the specific provisions of the legislation of Ukraine requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1.  The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodations shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as it is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1.  The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I, and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b).  Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5.  The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours’ duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours’ duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6.  Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12.  The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3.  The Committee requests the Government to indicate the provisions of the legislation of Ukraine that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2.  Please indicate the specific provisions of the legislation of Ukraine that set forth the regularity of the inspections of crew accommodations.

The Committee also requests the Government to indicate specific provisions of the national legislation of Ukraine, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, subparagraphs 2(a)-(d) and paragraph 7; Article 15, paragraph 2; Article 18, paragraphs 3 and 4, of the Convention.

  Part III of the report form.  The Committee requests the Government to supply information on the organization and working of inspection.

The Committee also requests the Government to provide copies of the following documents:

-  resolution of Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of Union of Soviet Socialist Republics", dated 12 September 1991;

-  full text of Law of Ukraine "On operation of international treaties on the territory of Ukraine", dated 10 December 1991;

-  Order No. 172-r of the Cabinet of Ministers of Ukraine, dated 6 March 1996;

-  Safety Requirements for ships of inland and mixed navigation and equipment of the ships (1980);

-  Recommendations for the reduction of noise on the sea-going ships (RD 31.81.81-90);

-  Regulations on service on vessels of maritime fleet of Ukraine;

-  Rules for the classification and construction of sea-going vessels of the register of the USSR (1990);

-  Criminal Code of Ukraine.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period from 1993 to 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. Please indicate whether privately owned vessels are within the jurisdiction of the Department of Maritime and River Transport of the Ministry of Transportation of Ukraine.

Article 1, subparagraph 3(d). Please indicate whether tugs in Ukraine are considered as vessels that do not have premises for stay of crew and passengers, for storage of reserve of food and fresh water, excluded by section 1.1.2 of the Sanitary Rules for sea-going vessels of the USSR, approved by the Chief Sanitary Doctor of the USSR (No. 2641-82, dated 25 December 1982 and No. 122-6/452-1 of 13 November 1984) (the "Sanitary Rules") from their scope.

Article 1, subparagraph 4(b). The Committee requests the Government to indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements"), are applicable to vessels engaged in whaling or in similar pursuits.

Article 3, subparagraph 2(a). The Committee requests the Government to provide any information about reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Ministry of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in Ukraine.

Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 3, subparagraph 2(e). Please indicate whether the legislation of Ukraine requires the competent authorities of Ukraine to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 4, paragraph 1. The Committee requests the Government to indicate what is the competent governmental authority of Ukraine that shall approve a plan of the ship from the point of view of its compliance with the Safety Requirements.

Article 5, subparagraph (a). Please indicate what provisions of the national legislation require the competent authority to inspect the ship on every occasion when it is registered or re-registered.

Article 5, subparagraph (c). Please indicate what provisions of the national legislation require the competent authority to inspect the ship upon the receipt of a complaint made by a recognized bona fide trade union.

Article 6, paragraph 2. Please indicate what provisions prohibit direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine deck and other bulk storerooms, drying rooms, communal wash places or water closets.

Article 6, paragraph 6. The Committee requests the Government to indicate whether subsection 3.1.2.6 of the Sanitary Rules is applicable to exhaust pipes for winches and similar gear.

Article 6, paragraph 8. Please indicate the extent to which fire-prevention or fire-retarding measures are required to be taken in the construction of the accommodation.

Article 6, paragraph 11. Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of decks.

Article 6, paragraph 12. Please indicate the specific provisions of the legislation of Ukraine that set forth the requirements in respect of the joinings with sides.

Article 7, paragraph 3. The Committee asks the Government to provide information: (i) whether in Ukraine there are ships regularly engaged on voyages in the Tropics and the Persian Gulf; (ii) whether only electric fans are provided for in spaces; (iii) whether this ensures satisfactory ventilation and, if not, whether the sleeping rooms and mess rooms are provided with both electric fans and mechanical means of ventilation.

Article 10, paragraphs 2, 3 and 10. Please indicate whether the competent authority makes use of the exception as provided for in these paragraphs.

Article 10, paragraph 17. Please indicate the specific provisions of the legislation of Ukraine that give effect to the requirement that the material of the berth shall not be likely to corrode or to harbour vermin.

Article 10, paragraph 19. Please indicate the specific provisions of the legislation of Ukraine requiring that each berth shall be fitted with a spring bottom or a spring mattress and that stuffing of straw or other material likely to harbour vermin shall not be used.

Article 11, paragraph 1. The Committee notes that under subsection 2.3.1 of the Sanitary Rules mess room accommodations shall be provided only in respect of ships of Category I and Category II, but not in respect of all ships, as it is required under the Convention. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 12, paragraph 1. The Committee notes that as distinct from section 55 of the previous version of the Sanitary Rules, approved on 22 July 1964, currently there is an explicit requirement to provide on an open deck a space or spaces to which the crew can have access when off duty only in respect of ships of Category I, and in the ships of Category II the arrangement of such space (spaces) is only recommended (subsection 2.6.1 of the Sanitary Rules). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 13, subparagraph 4(b). Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 13, paragraph 5. The Committee notes that subsections 2.9.1.1 and 2.9.1.5 of the Sanitary Rules authorize the reduction in the number of facilities required in ships of Category IV, i.e. in ships engaged on voyages of not more than eight hours' duration. On the other hand, Article 13, paragraph 5, of the Convention authorizes special arrangements or a reduction in the number of facilities required only for passenger vessels normally engaged on voyages of not more than four hours' duration (or when the total number of the crew exceeds 100). The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 13, paragraph 6. Please indicate whether the maximum amount of fresh water which the shipowner may be required to supply per man per day was fixed in consultation with the organizations of shipowners and/or shipowners and with the recognized bona fide trade unions of seafarers.

Article 13, paragraph 12. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, the facilities for washing and drying clothes are mandatory only in ships of Category I and Category II, but in ships of Category III and IV such arrangement is only recommended. On the contrary, in accordance with Article 13, paragraph 12, of the Convention, facilities for washing and drying clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to bring the above-mentioned provisions of the Sanitary Rules into conformity with the Convention.

Article 16, paragraph 3. The Committee requests the Government to indicate the provisions of the legislation of Ukraine that give effect to Article 16, paragraph 3, of the Convention.

Article 17, paragraph 2. Please indicate the specific provisions of the legislation of Ukraine that set forth the regularity of the inspections of crew accommodations.

The Committee also requests the Government to indicate specific provisions of the national legislation of Ukraine, that give effect to Article 7, paragraph 5; Article 8, paragraph 2; Article 10, paragraphs 1, 8, 11, 14, 24, 25 and 28; Article 11, paragraphs 3, 4, 7 and 10; Article 13, subparagraphs 2(a)-(d) and paragraph 7; Article 15, paragraph 2; Article 18, paragraphs 3 and 4, of the Convention.

Part III of the report form. The Committee requests the Government to supply information on the organization and working of inspection.

The Committee also requests the Government to provide copies of the following documents:

-- resolution of Supreme Soviet of Ukraine "On the regime of operation on the territory of Ukraine of certain acts of the legislation of Union of Soviet Socialist Republics", dated 12 September 1991;

-- full text of Law of Ukraine "On operation of international treaties on the territory of Ukraine", dated 10 December 1991;

-- Order No. 172-r of the Cabinet of Ministers of Ukraine, dated 6 March 1996;

-- Safety Requirements for ships of inland and mixed navigation and equipment of the ships (1980);

-- Recommendations for the reduction of noise on the sea-going ships (RD 31.81.81-90);

-- Regulations on service on vessels of maritime fleet of Ukraine;

-- Rules for the classification and construction of sea-going vessels of the register of the USSR (1990);

-- Criminal Code of Ukraine.

[The Government is requested to supply a detailed report in 2000.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's first and second reports covering the period up to 1997. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. Please indicate whether the Safety Requirements for sea-going vessels (RD 31.81.01-87), approved by joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements") apply to privately owned vessels.

Article 1, subparagraph 5(b). Please indicate whether the Safety Requirements are applicable to the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.

Article 4, subparagraph 2(a). See under Convention No. 92, Article 3, subparagraph 2(a), as follows:

Article 3, subparagraph 2(a). The Committee requests the Government to provide any information about reprints of the Sanitary Rules, the Rules of Accident Prevention on board sea-going vessels (RD 31.81.10-75), approved by Order No. 50 of the Ministry of the Maritime Fleet of the USSR, dated 13 March 1975 (the "Rules of Accident Prevention") and the Safety Requirements in Ukraine.

Article 4, subparagraph 2(d). See under Convention No. 92, Article 3, subparagraph 2(d), as follows:

Article 3, subparagraph 2(d). The Committee requests the Government to indicate how cooperation is organized between different inspection services and provide information on the working of the inspection.

Article 4, subparagraph 2(e). See under Convention No. 92, Article 3, subparagraph 2(e), as follows:

Article 3, subparagraph 2(e). Please indicate whether the legislation of Ukraine requires the competent authorities of Ukraine to consult the organizations of shipowners and/or the shipowners and the recognized bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate with such parties in the administration thereof.

Article 7, paragraph 3. The Committee notes that under subsection 2.3.1 of the Sanitary Rules, the arrangement of smoking room or library room, hobby and games room is recommended but not required. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Article 8, paragraph 1. Please indicate whether under subsection 2.9.2.3 of the Sanitary Rules the ships are required to have a separate water closet for every eight persons or less.

Article 8, paragraph 6. The Committee notes that under subsection 2.8.1.1 of the Sanitary Rules, such facilities are mandatory only in ships of Categories I and II and for ships of Categories III and IV their arrangement is only recommended, while in accordance with Article 8, paragraph 6, of the Convention facilities for washing, drying and ironing clothes shall be provided in all ships. The Committee requests the Government to indicate what measures have been undertaken or are envisaged in order to put the above-mentioned provision of the Sanitary Rules into conformity with the Convention.

Please also indicate whether the legislation of Ukraine gives effect to Article 7, paragraph 2, and Article 13, paragraph 3, of the Convention.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending August 1998. It requests the Government to provide further information on the following points:

Article 1, paragraph 3, of the Convention. Please indicate whether the Convention is applicable to all seagoing tugs, or only to those tugs provided with crew accommodations, space for storage of food and fresh water.

Article 1, paragraph 4(a). Please indicate whether all oil rigs and drilling platforms or only certain types are considered under the legislation of Ukraine as "vessels" and whether the provisions of the Convention are applicable to them.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147, but not ratified by Ukraine). The Committee requests the Government to provide clarification on the application of the following provisions of the Conventions listed in the Appendix:

-- Convention No. 22. The Committee asks the Government to indicate: (i) whether the labour agreement in a written form shall be concluded on all seagoing vessels (Article 1, paragraph 1); (ii) whether the labour contract can be concluded on seagoing vessels instead of the labour agreement (Article 3, paragraph 1); (iii) how it is ensured that every seaman is given a document containing a record of his employment on board the vessel (Article 5, paragraph 1); (iv) how it is ensured that such a document does not contain any statements as to the quality of the seaman's work or as to his wages (Article 5, paragraph 2); (v) whether there is a general standard form of labour agreement or labour contract or a specific standard form of labour agreement or labour contract concluded between a shipowner and a seafarer (Article 6, paragraphs 2 and 3); (vi) whether the Disciplinary Statute of Employees of the Maritime Transport, approved by resolution No. 496 of the Council of Ministers of the USSR, dated 25 May 1984, is still applicable in Ukraine or whether Ukraine has already adopted its own similar document containing, among other things, any additional grounds for termination of employment of seafarers (including grounds for immediate discharge) (Article 10); (vii) how it is ensured that an entry made in the document issued to the seaman in accordance with Article 5 and the list of crew in case of the termination or rescission of the agreement states merely the fact that the seaman had been discharged and not the grounds for such discharge (Article 14, paragraph 1); and (viii) how it is ensured that the seaman at all times has the right, in addition to the record mentioned in Article 5, to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement (Article 14, paragraph 2).

-- Convention No. 53. The Committee notes that in accordance with part 1 of section 5 of the Regulations on Ranks of Command Personnel of Sea-Going Ships, approved by Order No. 276 of the Ministry of Maritime Fleet of the USSR, dated 29 December 1983 (the "Regulations on Ranks"), a privileged permit may be granted, in exceptional cases, to a person holding a diploma to perform the duties of one grade higher than the grade corresponding to his diploma. If the person does not have a diploma, a privileged permit may be granted to perform the duties of the lowest grade for which a certificate is required (part 2 of section 5 of the Regulations on Ranks). Such a permit is granted for a period not exceeding six months, on the condition that the person has qualifications and experience sufficient for ensuring the safety of navigation (part 3 of section 5 of the Regulations on Ranks). While for the functions of master and chief engineer, a privileged permit may only be granted in cases of force majeure and for the shortest possible period (part 4 of section 5 of the Regulations on Ranks), it appears that under parts 1, 2 and 3 of section 5 of the Regulations on Ranks a privileged permit may be granted to a navigating officer in charge of a watch and an engineer officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided in Article 3, paragraph 2. Referring to paragraphs 85 to 87 of its 1990 General Survey on Convention No. 147, the Committee requests the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3.

The Committee also requests the Government to indicate what are the requirements for the minimum composition of the crew allowing the vessel to go to sea.

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to provide the following information:

1. As concerns Convention No. 55: Whether the Regulations on the procedure of provision of state social insurance allowances, approved by Resolution of the Presidium of the All-Union Central Council of Trade Unions, dated 12 November 1984, are still effective in Ukraine.

2. As concerns Convention No. 56: Whether under the legislation: (i) the insured person is entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the granting of the sickness benefit expires, to medical treatment by a fully qualified medical practitioner and to the supply of proper and sufficient medicines and appliances (Article 3, paragraph 1); (ii) the insured person may be required to pay part of the cost of medical benefit (Article 3, paragraph 2); (iii) whenever the circumstances so require, the insurance institution provides for the treatment of the sick person in a hospital and in such case grants him full maintenance together with the necessary medical attention and care (Article 3, paragraph 4); (iv) the insured person who is abroad and by reason of sickness has lost his right to wages, whether previously payable in whole or in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in whole or in part to his family until his return to the territory of Ukraine (Article 4, paragraph 1); (v) the right to insurance benefit continues in respect of sickness occurring during a definite period after the termination of the last engagement, fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements (Article 7); (vi) the insured person has a right of appeal in case of dispute concerning his right to benefit (Article 10, paragraph 1). The Committee requests the Government to indicate the corresponding provisions of the legislation which would be applicable in each case.

3. As concerns Convention No. 130: Whether under the legislation: (i) the contingencies covered under the system of mandatory medical insurance include the need for medical care of a curative nature and, under prescribed conditions, need for medical care of a preventive nature (Article 7(a)); (ii) whether effect is given to Articles 8, 9, 13, 16, paragraph 1, and 17. Please indicate what is the current minimum amount of allowance for temporary inability to work (Article 21); and whether under the legislation the claimant has a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity (Article 29, paragraph 1). Please indicate the corresponding provisions of the legislation which would be applicable in each case.

The Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

Article 2(b). Please indicate how cooperation is organized between different inspection services.

Article 2(c). The Committee asks the Government to indicate: (i) which conditions of employment and shipboard living arrangements are outside the scope of the jurisdiction of the Government; (ii) whether any measures for the effective control of such shipboard conditions of employment and living arrangements have been agreed between shipowners or their organizations and seafarers' organizations constituted in accordance with the substantive provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); and (iii) what are the criteria for delimitating the control exercised by the State Labour Inspection and other bodies and the control established by respective agreements between shipowners or their organizations and seafarers' organizations.

Article 2(d)(ii). Please indicate: (i) whether the procedure for examination of complaints made in connection with the engagement in Ukraine of seafarers who are Ukrainian citizens for vessels registered in foreign countries has been adopted; and (ii) what arrangements have been made by Ukraine for reporting complaints in connection with the engagement in Ukraine of seafarers on ships registered in a foreign country to the competent authority of such country.

Article 2(e). The Committee asks the Government to indicate the measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f). The Committee would be grateful if the Government could provide details of the functioning of the various inspection services such as size of inspection staff, numbers and results of inspections and investigation of complaints and penalties imposed.

Article 3. Please indicate whether the set of measures in respect of informing the citizens of Ukraine in connection with their employment on vessels registered in States which have not ratified the Convention, mentioned in the report, has been adopted.

Article 4, paragraph 1. The Committee asks the Government to provide information on the number and nature of cases considered and the nature of any action taken; and to indicate whether the set of measures to provide for a mechanism and a procedure for the preparation of a report to the Government of the country of registration of the vessel that does not comply with the requirements of Convention No. 147 and to the Director-General of the International Labour Office, as well as the procedure for the adoption of necessary measures for rectifying any conditions on board such vessel that obviously threaten the safety or health, mentioned in the report, have been adopted.

Article 4, paragraph 2. The Committee asks the Government to describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

Part III of the report form. Please provide information whether courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, the texts of these decisions.

Part V of the report form. Please indicate whether any observations of employers' or workers' organizations regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention have been received.

The Committee also asks the Government to provide copies of the following documents:

-- Fundamentals of the legislation of Ukraine on the protection of health;

-- Law of Ukraine on the Prosecutor's Office;

-- Law of Ukraine "on transport";

-- Law of Ukraine "on fire safety";

-- Law of Ukraine "on professional-technical education";

-- Law of Ukraine "on the legal succession of Ukraine";

-- Law of Ukraine "on education";

-- texts of laws and regulations governing mandatory medical insurance of citizens in Ukraine;

-- Resolution of the Supreme Soviet of Ukraine "on the regime of operation on the territory of Ukraine of certain acts of the legislation of the Union of Soviet Socialist Republics", dated 12 September 1991;

-- Resolution No. 25 of the Council of Ministers of Ukrainian SSR and the Council of Federation of Independent Trade Unions on the approval of the Regulations on Social Insurance Fund, dated 11 February 1991 and the Regulations on Social Insurance Fund;

-- Resolution No. 623 of the Cabinet of Ministers of Ukraine on the approval of the regulations on the investigation and accounting of accidents, occupational diseases and crashes in enterprises, institutions and organizations, dated 10 August 1993;

-- Order No. 172-r of the Cabinet of Ministers of Ukraine, dated 6 March 1996;

-- Resolution No. 65 of the Cabinet of Ministers of Ukraine "Regulations on educational-qualification levels (multi-stage education)", dated 20 January 1998.

-- Regulations on service on vessels of the maritime fleet of Ukraine;

-- Regulations on the minimum composition of crew, allowing the vessel to go to sea;

-- Recommendations for the reduction of noise on the seagoing vessels (RD 31.81.81.90);

-- Safety requirements for ships of inland navigation and mixed navigation and equipment of the ships (1980);

-- Rules for the classification and construction of seagoing vessels of the Register of the USSR (1990);

-- text of actual collective agreement of the lease enterprise "Azov Sea Shipping Company".

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the adoption of the regulations concerning seafarers' identity documents.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons are to be considered as seafarers are decided and whether shipowners' and seafarers' organizations have been consulted.

Article 4. Please provide a specimen of the seafarers' identity document.

Article 4, paragraph 2. Please indicate whether space for the place of issuance of the document is provided for.

Article 4, paragraph 6. Please indicate whether shipowners' and seafarers' organizations have been consulted before the contents of the document were decided upon.

Article 5, paragraph 2. Please indicate how effect is given to the requirement of this Article that a seafarer be readmitted during a period of at least one year after any date of expiry indicated in the document.

Article 6, paragraph 2(b). Please indicate how effect is given to the requirements of this Article that permission be given to a holder of a valid seafarer's identity document containing space for appropriate entries, to enter the country for the purpose of repatriation and other purpose approved by the authorities.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's report that in November 1994 the Supreme Soviet of Ukraine has adopted the Merchant Marine Code on its first reading, that section 55 dealing with repatriation of seamen fully takes account of the requirements of the Convention and that the text will be transmitted after the final adoption of the Code. The Committee requests the Government to provide a copy of the Code when adopted.