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12:21 Vessel arrest in accordance with russian legislation |
| In accordance with Russian Legislation a ship may be arrested on the ground of maritime claim occurring from the circumstances listed in the Article 389 of Merchant Shipping Code of Russian Federation dated 30/04/1999 including towage and fuel provision for vessel operation. According to the Article 389 of Merchant Shipping Code of Russian Federation a "Maritime Claim” means any claim in connection with: - the infliction of damage during the operation of a ship; - the redress of injury to the life or health of an individual on land or at sea in direct connection with the operation of a ship; - a salvage operation or any salvage agreement; - expenses on the adoption by any person of measures for the prevention or minimization of damage, including environmental damage, if such a claim arises from the international treaty or agreement of the Russian Federation, the law or any agreement, and also in connection with the damage caused or may be caused by such measures; - the expenses on the salvaging, removal or destruction of sunken ship or its cargo; - any contract for the use of a ship; - any contract of sea carriage of cargo or a contract of sea carriage of passengers aboard a ship; - the loss of, or damage to, cargo, including luggage carried by a ship; - general average; - pilotage; - towage; - the provision of foodstuffs, materials, fuel, stocks, equipment, including containers, for the operation of a ship or its maintenance; - the building, repair, modernization or re-equipment of a ship; - port and canal dues and dues on other navigable waterways; - wages and salaries and other sums of money due to the ship master and other crew members for their work aboard the ship, including the expenses on repatriation and social insurance contributions paid on behalf of the ship master and other crew members; - disbursement expenses made in respect of a ship; - the insurance premium which includes mutual insurance contributions and which is paid by the owner of a ship or its charterer under the bare-boat charter or on their behalf; - the commission, brokerage or agent's fee paid by the owner of a ship or its charterer under the bare-boat charter or in their behalf; - any dispute over the right of ownership of a ship or of its possession; - any dispute between two or several ship owners over the use of a ship and the distribution of profit; - the registered mortgage of a ship or the registered encumbrance of a ship of the same character; - any dispute that arises from a contract of purchase and sale of a ship. The same provisions are stipulated by pp. "i” and "k” Article 1 of International Convention "for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships” dated 10/05/1952, which Russia has joined in 1999 (as follows by text – the Convention). The Convention fortifies that "Maritime Claim" means a claim arising out of one or more of the following: a) damage caused by any ship either in collision or otherwise; b) loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship; c) salvage; d) agreement relating to the use or hire of any ship whether by charter party or otherwise; e) agreement relating to the carriage of goods in any ship whether by charter party or otherwise; f) loss of or damage to goods including baggage carried in any ship; g) general average; h) bottomry; i) towage; j) pilotage; k) goods or materials wherever supplied to a ship for her operation or maintenance; l) construction, repair or equipment of any ship or dock charges and dues; m) wages of Masters, Officers, or crew; n) Master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owned; o) disputes as to the title to or ownership of any ship; p) disputes between co-owners of any ship as to the ownership, possession employment or earnings of that ship; q) the mortgage of hypothecation of any ship. As you can see from the above-stated that the Merchant Shipping Code fortifies more circumstances in connection with which the maritime claim arises. The Russian Legislation covers a wider variety of relations in connection with which the maritime claim arises. For example, the Merchant Shipping Code fortifies that a maritime claim means any claim in connection with expenses on the adoption by any person of measures for the prevention or minimization of damage, including environmental damage, if such a claim arises from the international treaty or agreement of the Russian Federation, the law or any agreement, and also in connection with the damage caused or may be caused by such measures; port and canal dues and dues on other navigable waterways; the insurance premium. The same Convention fortifies that its provisions shall apply to any ship, sailing under the flag of Contracting States, within the jurisdiction of Contracting States. Moreover, p. 2 Article 8 of above-mentioned Convention says that a ship sailing under the flag of State, which is not the Contracting State, can be arrested within the jurisdiction of any Contracting State by any maritime claim, listed in Article 1 of the Convention, including the claims mentioned in pp. "i” and "k” in p 1 Article 1 of the same Convention. This means that independently from the ship flag, in respect of which the maritime claim arises, the above-mentioned Convention will be applied to these relations. According to the p. 1 Article 388 of Merchant Shipping Code of Russian Federation and Article 4 of the Convention, the arrest of a ship during its location within the jurisdiction of the Russian Federation is realized on the ground of a decision of a court of law, a court of arbitration or a maritime arbitration tribunal authorized to put a ship under arrest for the satisfaction of a maritime claim. A ship, in respect of which a maritime claim has arisen, may be arrested, if the person who holds the ship by ownership right at the time of the arise of the maritime claim is liable for such claim and its holder at the time of the started procedure associated with the arrest of the ship, or the charterer of the ship under a bare-boat charter at the time of the rise of the maritime claim is liable and at the time of the started procedure of the arrest of the ship is its charterer under bare-boat charter or its owner (sub p. 4 p. 1 Article 390 Merchant Shipping Code of Russian Federation). The Convention (P.4 Article 3), which has a higher power in respect to Russian normative-legal acts, fortifies that "when in the case of a charter by demise of a ship the charterer and not the registered owner is liable in respect of a maritime claim relating to that ship, the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, subject to the provisions of this Convention, but no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claims”. In the same paragraph of the same Article Convention fortifies that "the provisions of this paragraph shall apply to any case in which a person other than the registered owner of a ship is liable in respect of a maritime claim relating to that ship”. Hence, we may judge that in this case everything depends on circumstances: to make a maritime claim of a charterer or any other possessor of a ship would be more difficult because the possessor has changed, such claim can be made only of the ship owner. Necessary to draw the attention to that in accordance with p. 4 Article 388 of Merchant Shipping Code "a ship may be arrested for the receipt of security, regardless of the fact that in accordance with the jurisdiction clause or the arbitration clause, provided for by the relevant agreement or in any other way, the maritime claim under which the ship is put under arrest is subject to examination by a court of justice or a court of arbitration of another State”. From the above-stated we can make the conclusion that with the reference to corresponding clauses of Merchant Shipping Code and International Convention "for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships” dated 10/05/1952, you can state the maritime claim, on the ground of which in above-stated order an arrest of a ship would be made. |
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