Owners whose vessels entered Ukrainian ports for the last 9 years may have faced impressive penalties levied by the Customs Service of Ukraine for misdeclaration of ship’s stores. The most severe check of the ship’s stores is performed by the officers of Nikolayev Customs Service. When the latter come onboard, they usually compare the actual quantity of the fuel oil, diesel oil, paint, thinners, hardeners, etc. with the quantity of these stores declared by the Master before arrival or departure of the vessel. If the Customs officers find any discrepancies…
The lawyers of Lex Marine law office successfully defended the interests of Owners in a case related to the misdeclaration of a ship’s supplies before the local Customs.
At the end of May 2018 mv Star Artemis called Nikolayev port. The master submitted to the Customs office the IMO ship’s store declaration where he indicated that there were 174,8 mt of diesel oil remaining on board. When the Customs officers performed a custom examination of the vessel, they found that there were 188,015 mt of diesel oil, which was 13,215mt more than was declared by the master. The Customs officers issued a protocol for violation of customs rules by the master for misdeclaration of 13,215 mt of diesel…
Right of the master of a seagoing vessel to have an interpreter in cases of administrative liability for violation of Ukrainian legislation
It is widely known that the master of a seagoing vessel is responsible for almost everything that happens in connection with operation of his vessel. In case of violation of customs rules on board the vessel, navigation safety regulations or rules on protection of marine environment on the territory of Ukraine, Ukrainian authorities will attempt to impose administrative liability on the master of such vessel, unless such acts are classified as a criminal offence. In such cases the master will have to deal with representatives of various Ukrainian authorities depending…
Compensation of damages related with wrongful arrest and detention of ships in Ukraine
There are numerous articles devoted to the procedure and problems related to arrest of ships in Ukraine, but the question of indemnification of damages which may be caused to Owners (beneficial owner, bareboat or time charterer) in connection with arrest or detention of their vessel has not been thoroughly covered yet. This article focuses on the main aspects that must be considered by the Owners, who decided to bring to Ukrainian court their claim for recovery of damages caused by a wrongful arrest or detention of their vessel on the…
The International Comparative Legal Guide to: Shipping Law 2013 – Ukrainian Chapter
This article was published in edition of The International Comparative Legal Guide to: Shipping Law 2013, published by Global Legal Group Ltd., London. You may download its PDF version. 1 Marine Casualty 1.1 In the event of a collision, grounding or other major casualty, what are the key provisions that will impact upon the liability and response of interested parties? In particular, the relevant law / conventions in force in relation to: i) Collision Chapter 3 of Section IX of the Merchant Shipping Code of Ukraine…