The persons entitled to the

compensation for the death of a seafarer during his employment

Maxim Kocherzhenko

       Most collective agreements which cover sea-going vessels and contain the working conditions of seafarers, their social and material guarantees contain the provision stating that the payment of a compensation for the death of a seafarer is made to the beneficiary ( "next of kin"), which is appointed by a seafarer before leaving on a voyage. This is secured by putting the name of the next of kin into the employment contract or into the application form, which is filled by the seafarer in a crewing agency. As a rule, the correct filling of "next of kin" column allows to avoid disputes between the relatives of the deceased seafarer on who is entitled to receive compensation for his death. Also, it brings in the distinctness for the ship owner and his P&I Club to whom they have to make the relevant payment.

Exercising of the Lien on the Cargo by the Shipowners

 

 Maxim Kocherzhenko

            Various voyage charter proformas , for example, Synacomex 2000 and Gencon 1994, provide for  the right of the lien on the cargo by the shipowner at the port of discharge in the case of non-payment of freight, demurrage and other payments (may vary depending of type of the charter proforma). However, despite the direct indication of such right in the charter the shipowners must be careful using this method of the claim’s security as not  all states’ local legislation allows to retain the cargo without a court order.  In case of contradiction of a charter and laws of the country where the lien on the cargo is exercised, the court will be guided by local regulations. Therefore, before one decides to exercise the lien on the cargo he should seek for an advice from a lawyer in the country where he is going to retain the cargo, even if the charter is governed by the law of another state. If this precaution is not observed, the shipowner runs the risk that the consignee will file the claim to the court against him for the recovery of the goods and the claim for damages due to delayed unloading of the cargo. Also the consignee may initiate the ship arrest.

How a foreign company can obtain the urgent legal assistance in Ukraine?

 

Viktoria Kondakova

Often foreign shipowners, operators, managers and other maritime business companies need urgent legal support and protection in the Ukrainian courts and other state authorities. This may be connected with the representation of the foreign company's interests in a court hearing, for example, in order to release a sea-going vessel from the arrest.

In accordance with the general provisions of the current Ukrainian legislation the person may act as the representative of the company in court in case his authorities are confirmed by the relevant power of attorney. The power of attorney shall be signed by the head of the company or another authorized person and certified with a seal of the company. In order to have the legal force in Ukraine the power of attorney which was issued by the foreign company must be translated into Ukrainian language and legalized or apostilled. Moreover, in order to participate in the court hearing the representative must provide the court with the original of the power of attorney. Thus, it takes al lot of time to arrange and deliver the power of attorney to the representative, what, in its turn, makes it hardly possible for foreign companies to receive the urgent legal assistance in Ukraine.

Ship arrest in Ukraine

Maxim Kocherzhenko

        On May 16, 2012 International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships of 1952 entered into legal force in Ukraine. With coming of the Convention into force Verkhovna Rada (the Ukrainian parliament) amended certain regulations to bring them in line with the Convention, as well as to ensure their use by the Ukrainian courts (during a trial Ukrainian courts are guided primarily by the Ukrainian procedural laws). Thus, changes were made in the Civil Procedural and the Commercial Procedural Codes regarding establishing of the jurisdiction over the cases on ship arrest in respect of the maritime claim. According to the new editions of these codes statement about the arrest of the vessel in respect of the maritime claim must be considered by the court at the location of the port in Ukraine, where the ship is situated, or at the location of the port of her registration.

Masters’ criminal liability for marine pollution in Ukraine

 

Viktoria Kondakova

Violations of environmental laws and the failure of environmental regulations is extremely dangerous, that is why the law of Ukraine for these offenses prescribes disciplinary, economic, administrative and criminal liability, depending on the fault, environmental risk, the degree of environmental hazards of the person’s  acts.

The greatest danger is represented by the pollution of the sea in the result of the violation of the international maritime safety rules that is constituted in crime under Art. 243 of the Criminal Code of Ukraine. Implementation of the crime is possible in three ways:

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