PECULIARITIES AND PROBLEMS OF THE APPLICATION OF COUNTERPART SECURITY IN THE CONSIDERATION OF APPLICATIONS FOR THE ARREST OF A SEAGOING VESSEL FOR SECURING A CLAIM IN CIVIL PROCEEDINGS

Abstract

The article is devoted to the study of the peculiarities and problems of the application of Counterpart security in the consideration of applications for the arrest of a seagoing vessel for securing a claim in civil proceedings.The practice of local courts is analyzed in the context of observance of the basic principles of civil justice and the provisions of the International Convention Relating to the Arrest of Sea-Going Ships dated 1952, May 10, identified the problems of the use of counterpart security in the consideration of relevant applications, formulated conclusions and recommendations for improvement of procedural law, and the practical application of the rules governing securing a claim by arresting a ship.In connection with the changes that were made to the Civil Procedure Code of Ukraine, it was supplemented by the rules on counterclaim in the event of the court taking measures to secure a claim on the claimant’s claim in the case. The issue of securing a claim by way of arrest of a ship was also settled in more detail.The case-law analysis shows that there is no uniform approach to the use of counterpart security when considering applications for securing a claim by arresting a ship. Therefore, it is necessary to determine the peculiarities of the use of counterpart security when taking measures to secure a claim in the form of arrest of a ship to secure a maritime claim and to reflect them in the relevant procedural legislation.The purpose of the article is to analyze the rules of civil procedural law governing the counterpart security in the context of its application in the event of a ship arrest, analysis of local courts in the context of compliance with the basic principles of civil justice and the provisions of the International Convention Relating to the Arrest of Sea-Going Ships dated 1952, May 10, the identification of problems with the use of counterpart security in the hearings of relevant applications, formulation of conclusions and recommendations on the improvement of civil procedural law, and practical application of the rules governing the securing of a claim by arrest of a seagoing vessel.