Процесуальний інститут арешту судна для забезпечення морської вимоги у господарському процесі в Україні

Abstract

This article describes genesis and features of the procedural institute for ship arrest to secure maritime claim under commercial proceedings in Ukraine. It investigates the process of establishing such institute in Ukraine and its implementation in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Determination of the Jurisdiction of Cases on Ship Arrest” dd. 20.12.2011 No. 4190-VI and the Law of Ukraine “On Joining Ukraine the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships” dd. 07.09.2011 No. 3702-VI. It is noted that all the coastal states have their own national rules governing relations concerning ship arrest. In different countries, these rules may vary significantly. In today world there is a clear trend to internationalization of law, which implies its unification. Certainly, full unification of the law, including maritime law, is impossible and unlikely to be necessary, but smoothing out such differences is an objective need which has been noted by the international maritime community for a long time. There are detached terms and evidence for ship arrest to secure maritime claim in accordance with commercial procedural legislation valid for 2012-2017, as well as amendments thereto in late 2017. Attention is drawn to the fact that court practice which took place after updating the procedural law makes it possible to conclude that the courts, while considering the aforesaid category of cases, reduced the number of additional evidence that was previously required in order to prove the possibility of vessel leaving Ukraine, as well as have a more progressive attitude to determining the amount of counterclaim due to ship arrest.