Maritime Crew Rights under the Georgian Maritime Code
The rights and status of a ship's crew in Georgia are defined directly by the Maritime Code of Georgia — specifically by its Articles 47, 48, 51 and 66. These provisions govern four areas: who may be hired for the posts of captain, officer or rating; the binding force of the master's lawful orders; the master's representative role; and the statutory standards for food, drinking water and living conditions.
Certification and the Grant of Rank — Article 47
Under Article 47, only appropriately ranked maritime specialists are hired for the posts of ship's captain, officer and rating. The requirement rests on the Georgian Law on Seafarers' Education and Certification and on the 1978 international convention on the training, certification and watchkeeping of seafarers, as amended. On fishing vessels, the posts of skipper, officer and rating are likewise reserved for appropriately ranked specialists under the Georgian Law on Fisher-Seafarers' Education and Certification.
A rank is granted by the agency after the person passes the appropriate examinations, confirmed by a certificate of competence and a qualification certificate, and is withdrawn under the procedure established by Georgian legislation. A stricter rule covers masters: the post of captain of a passenger ship flying the State flag of Georgia may be held only by a person holding the rank of captain with the appropriate competence under the 1978 convention.
The Master's Orders and the Priority of Safety — Article 48
Article 48 makes the master's order the foundation of on-board order: every person on board must meticulously execute the captain's order within the limits of his competence, and where an order is not executed the captain is obliged to take appropriate measures against that person. The captain also has the right to refuse to take the ship out to sea when he does not consider the ship safe; to refuse boarding to any person, except a state-authorized person performing a duty under the 1974 international convention on the protection of human life at sea; and to refuse the loading of any kind of cargo.
The conflict rule is equally important: if the captain, on the basis of professional judgment, considers that there is a conflict between a maritime security requirement imposed on the ship and a maritime safety requirement, he gives priority to the safety requirement, takes temporary security measures where necessary, and immediately notifies the agency.
The Captain as Representative — Article 51
Under Article 51, the ship's captain is deemed, by virtue of his official position, the representative of the shipowner and the cargo owner in all transactions connected with the ship, the cargo or the navigation, and in the settlement of a disputed issue concerning property entrusted to him, where their representative is not present on the spot.