До питання про арешт суден для забезпечення морських вимог в Україні

Abstract

The article defines the problems of current law enforcement practice in the sphere of ship arrests in Ukraine. It also highlights the necessity of forming a unified position of judicial authorities in order to eliminate ambiguous interpretation of legal norms in ship arrest practice. It is noted that very often in the practice of ship arrest within the framework of civil proceedings, the courts of Ukraine apply to the norms of international law. Among the international legal instruments for the arrest of vessels are the International Convention Relating to the Arrest of Sea-Going Ships of 1952 and the International Convention on Arrest of Ships of 1999. However, since Ukraine is not a party to the Convention of 1999, Ukraine is currently subject to the rules of law, which regulate the issues of ship arrest, provided by the Convention of 1952 and chapter 4 “Arrest of ships” of the Merchant Code of Ukraine. It is noted that with the adherence of Ukraine to the Convention of 1952, certain provisions of the Civil Procedural Code of Ukraine concerning exclusive jurisdiction, which were effective from May 16, 2012 until December 15, 2017, were subject to significant changes, and that the current legislation of Ukraine provides for a special procedure for the execution of a court decision on the arrest of a ship. The author also notes that in some cases on the arrest of ships flying a foreign flag, the courts of Ukraine referred to the norms of the Merchant Code of Ukraine, which cannot be applied due to the requirements of Article 14 of the Code. The lack of a general approach in court practice involving ship arrests in order to secure maritime claims indicates the need to form a unified position of the judicial authorities in order to eliminate the ambiguous interpretation of the applicable legal norms