Tag: arrest of a marine ship

Arrest of a marine ship. Current state of this institute in Ukraine

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and . Arrest of a marine ship. Current state of this institute in Ukraine//Science online: International Scientific e-zine - 2018. - №12. - https://nauka-online.com/en/publications/jurisprudence/2018/12/arest-morskogo-sudna-sovremennoe-sostoyanie-dannogo-instituta-v-ukraine/

Annotation: The article is devoted to the coverage of one of the pressing problems of maritime law regarding the arrest of a seagoing ship in Ukraine, as well as an analysis of international norms, current Ukrainian legislation, certain issues of judicial practice, points of view of leading lawyers for analyzing the institute of seizure of seagoing ships in Ukraine. The arrest of a sea vessel is not only a procedural institute, but an institute of the law of the sea, in which norms of both material and procedural nature are encountered, that is, the main purpose of arresting a vessel is to encourage the person who must meet the maritime requirement to ensure compliance with the relevant obligation. However, in practice in Ukraine it turned out that by itself the arrest of a vessel is already considered an effective measure of restraint in the economic process, a means of securing a civil claim, but also a means of securing a civil liability. Coastal States have their own national rules that regulate relations with regard to the arrest of ships. In different countries, these rules can vary considerably, but they can have quite a lot in common. In the modern world there is a clear trend of unification of law. It is clear that the full unification of law, including maritime, is impossible and unlikely to be necessary, but the settlement of such differences is a necessary need that has long been practiced by the international maritime community.

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