New Procedure of Ship-Arrest in Ukraine


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The new procedure of ship-arrest in Ukraine came into force since 15/12/2017.

On December 15, 2017, changes to the Commercial and Civil Procedural Codes of Ukraine, which significantly changed the procedure of imposing and cancelling shiparrest in Ukraine, came into effect.

In general, the adopted changes made the procedure of imposing and cancelling shiparrest more effective.

Hereby we are providing the summary of the most essential changes in shiparrest
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procedure in Ukraine (since 15/12/2017):

1. Term of preliminary arrest for the term of 30 days (instead of 5 days), until the law suit is started.

2. Principle of proportionality of the maritime claim and possible losses of the shipowner due to arrest/ vessel price does not apply (was applied previously). Note: the possibility to arrest the vessel does not depend on the amount of the maritime claim and the losses of the shipowner due to arrest/ vessel price. Thus, the vessel may be arrested on the basis of any amount of the maritime claim.

3. Moment of filing an application for arrest of the vessel may be filed when the vessel is on the route to the particular Ukrainian port, or when the vessel already stays in the particular Ukrainian port (previously it could be filed when the vessel already was in the particular Ukrainian port).

4. Moment of court consideration of the application for arrest of the vessel may be considered when the vessel is on the route to the particular Ukrainian port, or when the vessel already stays in the particular Ukrainian port (previously it could be considered when the vessel already was in the particular Ukrainian port).

5. Participation of the parties in consideration of the application for arrest of the vessel the court hearing is not appointed, it is prescribed to consider application without summons to the court and participation of both parties (previously appointment of the court hearing, summons to the court and participation of both parties were prescribed). In exceptional cases, the application can be considered in the court hearing with summons to the court and participation of both parties.

6. Possibility to provide security to prevent arrest or cancel of the imposed arrest (in case of a monetary claim) without a separate court decision it is allowed to provide a deposit on the court account in the amount of 100% of the maritime claim or provide a bank guarantee for the noted amount in order to prevent arrest or to cancel already imposed arrest of the vessel (previously a separate court decision for providing a deposit was necessary).

7. Body executing the court decision on arrest of the vessel the State Executive Service of Ukraine, the Harbour Master of the sea port, the Administration of the sea port, the State Border Guard Service of Ukraine, the Customs (previously only the State Executive Service of Ukraine was official bode to execute arrest decision).

AUTHOR: Sergey Sushko and Sergey Kalitenko

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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