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Country Summary for Russia

Posted on: 26-11-07 12:19:32

International Accessions


Transport Related Conventions

Country's Position

Entry into Force of Convention/Treaty

Date of Entry into Force

Hague Visby Rules

The Russian Federation is a party to the Protocol amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading of 25 August 1924, as amended by the Protocol of 23 February 1968

29th July 1999

6th January 1999

International Convention for the Safety of Life at Sea 1974 as amended SOLAS ((Amended) 1974))

Accession

25th May 1980

9th January 1980

Convention on the International Regulations for Preventing Collisions at Sea, 1972 as amended (COLREG (amended) 1972)

Accession with declarations

15th July 1977

9th November 1973

Convention on Facilitation of International Maritime Traffic 1965 as amended (FAL (Amended) 1965)

Accession with reservation

5th March 1967

5th March 1967

International Convention of Loadline, 1966 (LL 1966)

Signature with declaration

22nd July 1968

4th July 1966

International Convention on Tonnage Measurement of ships, 1969 (TONNAGE 1969)

Accession with reservation

18th July 1982

20th November 1969

International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casualties 1969 (Intervention 1969)

Accession with reservations

6th May 1975

30th December 1974

1992 Protocol to Amend the 1969 International Convention on Civil Liability for Oil Pollution Damage, with Annex

Accession with reservation and declaration

22nd September1975

24th July 1975

Convention relating to Civil Liability in the field of Maritime Carriage of Nuclear Material, 1971 (NUCLEAR 1971)




1992 Protocol to Amend the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

Accession

Effective Date of Denunciation – 20th March 2001

25th May 1987

Athens Convention relating to the Carriage of Passengers and their luggage by Sea, 1974 (PAL 1974)

Accession

28th April 1987

27th April 1983

Convention Agreement on the International Maritime Satellite Organization (INMARSAT) as amended

Signature

16th July 1979

3rd September 1976

Convention on Limitation of Liability for Maritime Claims, 1976 (LMC 1976)




International Convention on Standards of Training Certification and Watch-keeping for Seafarers, 1978 (STCW 1978)

Signature with reservations

28th April 1984

9th October1979

International Convention on Maritime Search and Rescue, 1979 (SAR 1979).

Accession with reservation

25th April 1988

25th March 1988

Convention for suppression of Unlawful Acts against the Safety of Maritime Navigation (SWA 1988)

Accession with reservations

2th August 2001

4th May 2001

International Convention on Salvage 1989 (SALVAGE 1989)

Accession with reservations

25th May 2000

25th May 1999

International Convention on Oil Pollution Preparedness response and cooperation 1990 (OPRC 1990)




Special Trade Passenger Ships Agreement (STP) 1971




International Convention for Safe Containers (CSC), 1972

Accession

6th September 1977

24th August 1976

The Torremolinos International Convention for the Safety of the Fishing Vessels (SFV), 1977




International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel personnel (STCW-F), 1995




Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol)

Accession with declaration


2nd January 2000

International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)

Accession



Annex I/II




Annex III




Annex IV




Annex V




Annex VI




Convention on the prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC) 1972

Accession

29th January 1976

30th December 1975

International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001




International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004




International Convention on Liability and Compensation for Damages in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS) 1996




International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001




Convention Relating to the Limitation of the Liability of Owners of Inland Navigation Vessels 1973 (CLN 1973)

Accession

19th February 1981

19th February 1981

Convention Relating to the Limitation of the Liability of Owners of Inland Navigation Vessels 1973 (CLN 1973)

Accession

19th February 1981

19th February 1981

Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways 2001 (CMNI 2001)

Accession

8th March 2007

8th March 2007

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989

Accession

25th November 1994

1st May 1995

International Convention on Maritime Liens and Mortgages 1993

Accession

4th March 1999

5th September 2004

United Nations Convention on the Use of Electronic Communications in International Contracts 2005

Signature

25th April 2007


United Nations Convention on Conditions for Registration of Ships 1985

Signature

12th February 1987


Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries 1982

Accession

3rd February 1982


Convention on a Code of Conduct for Liner Conferences 1974

Signature with reservation

28th June 1979

6th October 1983

Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts 1973

Accession

20th February 1974

28th July 1974

Convention on the Conduct of Fishing Operations in North Atlantic 1967

Signature with reservation

9th October 1967


Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage At Sea 1910

Accession

The Russian Federation did not sign a Protocol amending the Convention for 27th May 1967


27th August 1936


Convention on the Measurement of Inland Navigation Vessels 1966

Accession

19th February 1981


Convention on Transit Trade of Land-locked States 1965

Accession with declaration and reservation

21st July 1972


Convention No. 108 Concerning Seafarers' National Identity Documents 1958

Accession

4th November 1969


Convention on the Continental Shelf 1958

Accession

22nd November 1960

10th June 1964

Convention on the Territorial Sea and the Contiguous Zone 1958

Accession with reservations

22nd November 1960


Convention on the High Seas 1958

Accession with reservation and declaration

22nd November 1960

30th September 1962

International Convention on the Prevention of Pollution of the Sea by Oil 1954

Signature

12th May 1954

3rd December 1969

International Convention Relating to the Arrest of Seagoing Ships 1952

Accession with reservations

6th January 1999

29th October 1999

International Convention for the Regulation of Whaling 1946

Accession

11th September 1948

10th November 1948

Convention for the Regulation of the Meshes of Fishing Nets and the Size Limits of Fish 1946

Accession

12th March 1958


Convention on the Regime of the Straits 1936

Accession

9th November 1936

9th November 1936

Convention No. 27 Concerning the Marking of the Weight on Heavy Packages Transported by Vessels 1929

Accession

4th November 1969


Convention Respecting the Free Navigation of the Suez Maritime Canal 1888

Signature

29th October 1888

15th November 1888

Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels 1910

Accession

1st February 1913

27th August 1936

Convention on suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA); 1988

Accession with reservation

2nd March 1989

2nd August 2001

Budapest Convention on the Contract of transportation of cargoes on Internal Waterways 2001

Accession

8th March 2007

22nd June 2001

Convention on the Contract of the International Transportation of Passengers and Luggage on Internal Waterways 1976

Accession

19th February 1981


Convention on the Unification of some Rules Concerning the Responsibility following from Collision of Courts of Internal Navigation 1960

Accession

26th January 1962

13th September 1966

Convention on the Control over Transboundary Transportation of dangerous Waste and their removal (in Basel) 1989

Accession

25th November 1994

01st May 1995

The International Convention on safe ?ontainers (CSC) 1972

Ratification

24th August 1976

06th September 1977

Convention for Suppression of Unlawful acts against the safety of Civil Aviation 1971

Accession with reservations

27th December 1972

22nd March 1973

Convention for Suppression of Unlawful Seizure of Aircraft 1970

Accession

24th September 1971


European Convention for the Protection of Animals during International Transport 1968

Accession

13th November 1990

14th May 1991

Convention on Offences and certain other Acts committed on Aircraft 1963

Accession with declaration

3rd February 1988

3rd May 1988

Convention supplementary to the Warsaw Convention for the Unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier 1961

Accession with declaration

22nd September 1983

21st December 1983

Convention on Damage caused by foreign Aircraft to third parties on the surface 1952

Accession with declaration

21st April 1982

20th July 1982

Convention on international civil aviation 1944

Accession (without amendments of 1947, 1989, 1990, 1995, 1998)


14th November1970

Convention on unification of certain rules relating to international carriage by air 1929

Accession

20th August 1934


Convention on the International Automobile Transportations of Passengers and Luggage 1997

Accession

31st December 2004


Convention on Road traffic 1968

Accession with declaration and reservation

07th July 1974

21st May 1977

Convention on Traffic Signs and Signals 1968

Accession with declaration and reservation

29th April 1974

06th June 1978

Convention on the Contract of the International road Transportation of Cargoes 1956

Accession with reservation and declaration

02nd September 1983

30th September 1983

Convention on the Taxation of foreign motor vehicles 1931

Accession

23rd July 1935

23rd January 1936

National Laws


Carriage of Goods by Road

National carriage:

The Civil Code of the Russian Federation (part II, chapter 40), adopted in December 1995

The Regulations of automobile transport of the RSFSR, adopted in 1969

International carriage:

Convention on the contract for international carriage of goods by road (CMR) of 1956

Time Limit

In accordance with article 797 of the Civil code, an obligatory complaint must be sent to the carrier before submitting a claim against it to the court. The time limit for claims against the carrier is one year from the date specified by the special acts on types of transport.

Regulations provide that the claim may be submitted if no response has been received for the complaint or if the complaint has not been satisfied in full, so the time limit runs from the date when the response from the carrier with full or partial refusal to satisfy the complaint has been received or if no response has been received in 30 days.

For international carriage by road, provisions of the CMR Convention apply, with time limit of one year.

Limitations on Liability

Article 796 of the Civil code provides that the carrier shall be responsible for non-preservation (loss or damage) of the cargo unless it will prove that loss, waste or damage of cargo occurred due to the circumstance which the carrier could not prevent and elimination of which was not in its powers. The Regulations (in article 132) specify that such circumstances include: (a) consignor’s / consignee’s fault; (b) nature of the cargo, (c) defects of packaging (if those could not be noticed at the acceptance of cargo for carriage), (d) if the carrier has not been notified of the cargo’s special qualities which require special conditions of carriage; (e) if cargo moisture exceeded the standard level at acceptance. Article 133 of the Regulations additionally specifies that unless the claimant shall prove that loss or damage occurred due to the fault of the carrier, the carrier shall not be liable for such loss or damage in cases when: (a) the cargo has been delivered in a sound automobile / container with consignor’s seals and other safety markings intact, (b) loss or damage occurred due to natural causes in connection with carriage in open-top vehicles, (c) cargo was accompanied by consignor’s / consignee’s forwarding agent, (d) loss / deterioration of cargo was within the limits of standard natural loss/deterioration.

In case of loss of cargo or luggage, damages shall be paid in amount of value of the lost cargo or luggage. Such value is determined as invoiced or declared value of the cargo/luggage in question.

For international road carriage operations, limitations provided by article 23 of the CMR Convention shall apply (NB: Russia has not signed the 1978 Protocol), i.e. the carrier shall not be liable if it will succeed in proving that loss, damage or late delivery of cargo took place due to risks arising from: (a) use of open-top vehicles, if use of such vehicles has been agreed on and specified in the waybill; (b) absence, damage of packaging or unsatisfactory packaging when it is necessary; (c) removal, loading, placement or unloading of the cargo by consignor, consignee or their agents, (d) nature of certain kinds of cargo, (e) unsatisfactory markings, (f) carriage of animals. Limit of liability for cargo lost or damaged is 25 gold francs (10/31 g of 0.900 gold) per kilo of missing weight


Carriage of Goods by Rail

The Charter of Railway transport of the Russian Federation

Article 119. Circumstances, which serve grounds for the accrual of liability of the carrier consignor (sender), consignee (addressee), other legal persons or sole proprietors and the passenger upon the performance of carriage of passengers, cargo, luggage by rail are witnessed by commercial certificates, certificates of the general form and other certificates.

Article 120. Before filing a claim against the carrier in connection with the performance of carriage of cargo, a claim shall be at first addressed to the carrier.

The following have the right to bring a claim to the carrier in connection to the performance of transportation of a cargo:

consignee (addressee) or consignor (sender)

The right to bring a claim in connection to the performance of transportation of cargo is also granted to the insurer, who paid insurance compensation to the consignee (addressee) or consignor (sender) due to improper performance of obligations of transportation by the carrier. The procedure of bringing a claim by the insurer is similar to the procedure established in respect to bringing a claim by the consignor (sender) or consignee (addressee)

Article 124. The carrier is obliged to consider the received claim and notify in writing the applicant on the results of the consideration within thirty days from the date the claim is received.

Article 125. Claims to the carriers, which arose in connection with performance of transportations of cargo, luggage, can be filed in case of full or partial refusal of a carrier to satisfy the claim or in case of non receipt of the answer from a carrier on the claim and not earlier than the expiry of the term provided by article 124 of the present Charter, or if the answer of a carrier on the claim is received, before the expiration of such term.

The specified claims are filed according to the established jurisdiction, within a year from the date of the events which have served grounds for presentation of a claim have occurred.

Article 95. The carrier bears the responsibility for safety of cargo, after the latter is accepted for transportation and storage and until the delivery to the consignee (addressee) unless the carrier proves that the loss, shortage or damage of a cargo have happened due to circumstances which the carrier could not prevent or eliminate due to circumstances beyond his control.

Article 96. The carrier, in the manner prescribed by the legislation of the Russian Federation, compensates the damage caused during the transportation in the following amounts:

At a rate of cost of the lost or missing cargo in case of its loss or shortage;

At a rate of the sum on which cost of a cargo has depreciated, in case of its damage or at a rate of its cost in the invent if it is impossible to restore the damaged cargo;

At a rate of the declared cost of the cargo which has been handed over for transportation with the announcement of its value, in case of its loss;

At a rate of the share of the declared cost of the cargo corresponding the missing or damaged (spoiled) part of a cargo, handed over for transportation with the announcement of its value, in case of shortage or damage of cargo.

Cost of a cargo is determined from the price specified in the invoice of the seller or as stipulated by the contract, and at absence of the invoice of the seller or the price in the contract the price is determined from the price which at analogous circumstances is usually charged for similar goods.

Alongside with compensation of damage in the amounts established by the present article, the carrier returns the payments charged for transportation of cargo and other payments due to the carrier proportionally to the quantity of lost, missing or damaged (spoiled) cargo, given the transport is not included into the cost of such cargo.


Carriage of Goods by Air

National carriage:

The Civil Code of the Russian Federation (part II, chapter 40), adopted in December 1995

The Air Code of the Russian Federation, adopted in 1997

International carriage:

Convention for the unification of certain rules relating to international carriage by air of 1929

Time Limit

In accordance with article 797 of the Civil code, an obligatory complaint must be sent to the carrier before submitting a claim against it to the court. The time limit for claims against the carrier is one year from the date specified by the special acts on types of transport.

The Air code provides that the limitation period shall start running from the day after the day of receipt from the carrier of a response to complaint, in case if the carrier refuses to settle the complaint fully or in part; in case if no response is received from the carrier, this period shall commence 45 days after the date of receipt of the complaint by the carrier.

For international air carriage provisions of Warsaw Convention of 1929 shall apply, with time limit of two years.

Limitations on Liability

Article 796 of the Civil code provides that the carrier shall be responsible for non-preservation (loss or damage) of the cargo unless it will prove that loss, waste or damage of cargo occurred due to the circumstance which the carrier could not prevent and elimination of which was not in its powers.

Article 118 of the Air code, the carrier shall be liable for loss, waste or damage of the cargo in case if it will not succeed in proving that it has taken all necessary measures to prevent such loss or damage or that it was impossible to take such measures (par. 1); par. 3 of art. 118 states as another condition for liability of the carrier for loss, waste or damage of the cargo that the carrier will not succeed in proving that such loss/damage did not occur as the result of its intentional action or omission that it did not occur in the course of carriage by air.

Limitation of liability for the loss or damage of cargo/luggage accepted with declared value will be such declared value; for cargo/luggage without declared value – not more then 200 roubles per kilo of such cargo.

For international carriage of goods by air, provisions of the Warsaw convention of 1929 shall apply. The carrier will be liable unless it will be able to prove that it has taken all necessary measures to avoid damage or that it was impossible to take such measures. Limitation of liability shall be 250 francs per kilo of cargo/luggage, unless the higher value was declared and the carrier will not succeed in proving that the declared value exceeds the true interest of the passenger/consignor in such cargo.


Carriage of Goods by Ship

National carriage:

The Civil Code of the Russian Federation (part II, chapter 40), adopted in December 1995

The Regulations of automobile transport of the RSFSR, adopted in 1969

International carriage:

Convention on the contract for international carriage of goods by road (CMR) of 1956

Time Limit

In accordance with article 797 of the Civil code, an obligatory complaint must be sent to the carrier before submitting a claim against it to the court. The time limit for claims against the carrier is one year from the date specified by the special acts on types of transport.

Regulations provide that the claim may be submitted if no response has been received for the complaint or if the complaint has not been satisfied in full, so the time limit runs from the date when the response from the carrier with full or partial refusal to satisfy the complaint has been received or if no response has been received in 30 days.

For international carriage by road, provisions of the CMR Convention apply, with time limit of one year.

Limitations on Liability

Article 796 of the Civil code provides that the carrier shall be responsible for non-preservation (loss or damage) of the cargo unless it will prove that loss, waste or damage of cargo occurred due to the circumstance which the carrier could not prevent and elimination of which was not in its powers. The Regulations (in article 132) specify that such circumstances include: (a) consignor’s / consignee’s fault; (b) nature of the cargo, (c) defects of packaging (if those could not be noticed at the acceptance of cargo for carriage), (d) if the carrier has not been notified of the cargo’s special qualities which require special conditions of carriage; (e) if cargo moisture exceeded the standard level at acceptance. Article 133 of the Regulations additionally specifies that unless the claimant shall prove that loss or damage occurred due to the fault of the carrier, the carrier shall not be liable for such loss or damage in cases when: (a) the cargo has been delivered in a sound automobile / container with consignor’s seals and other safety markings intact, (b) loss or damage occurred due to natural causes in connection with carriage in open-top vehicles, (c) cargo was accompanied by consignor’s / consignee’s forwarding agent, (d) loss / deterioration of cargo was within the limits of standard natural loss/deterioration.

In case of loss of cargo or luggage, damages shall be paid in amount of value of the lost cargo or luggage. Such value is determined as invoiced or declared value of the cargo/luggage in question.

For international road carriage operations, limitations provided by article 23 of the CMR Convention shall apply (NB: Russia has not signed the 1978 Protocol), i.e. the carrier shall not be liable if it will succeed in proving that loss, damage or late delivery of cargo took place due to risks arising from: (a) use of open-top vehicles, if use of such vehicles has been agreed on and specified in the waybill; (b) absence, damage of packaging or unsatisfactory packaging when it is necessary; (c) removal, loading, placement or unloading of the cargo by consignor, consignee or their agents, (d) nature of certain kinds of cargo, (e) unsatisfactory markings, (f) carriage of animals. Limit of liability for cargo lost or damaged is 25 gold francs (10/31 g of 0.900 gold) per kilo of missing weight


Cabotage

Under article 122 of Merchant Shipping code release of carrier from liability in case of navigation mistake (article 167, see above) and limitation of liability (article 170, see above) do not apply to cabotage carriage.

Carriage of Persons by Road

The Civil Code of the Russian Federation (part I adopted in 1994, part II adopted in 1995)

The Regulations of automobile transport of the RSFSR, adopted in 1969

Time limit

Requirement for obligatory complaint to be sent to the carrier prior to filing a claim does not apply. The general time limit of three years applies (article 196 of the Civil code).

Limitations on liability

Carrier shall be liable unless it shall prove that damages have been incurred not at its fault. Damages incurred due to the intention of the sufferer also must not be compensated. Income of the sufferer not received due to damage sustained, as well as expenses connected with deterioration of health (medical treatment, etc.) is to be compensated. In case of death, dependants of the passenger shall be entitled to compensation of funeral expenses, as well as to receipt of the portion of sufferer’s income which would have been spent on them.


Carriage of Persons by Rail

The Charter of Railway transport of the Russian Federation

Article 107. The carrier bears the responsibility for safety of luggage, after the latter is accepted for transportation and storage and until the delivery to the passenger unless the carrier proves that the loss, shortage or damage of a cargo have happened due to circumstances which the carrier could not prevent or eliminate due to circumstances beyond his control, including the circumstances specified in article 95 of the present Charter.

The damage caused by transportation of luggage, is compensated by a carrier in case of:

Loss or shortage of luggage at a rate of cost of the lost or missing luggage;

Damage of luggage at a rate of the sum on which its value has depreciated, at impossibility of restoration of the damaged luggage at a rate of its cost;

Loss of luggage which was handed over for transportation with the announcement of its value at a rate of the announced value of luggage.

Cost of luggage is determined from its price specified in the invoice of the seller or stipulated by the contract, and at absence of the invoice of the seller or the price in the contract the price is determined from the price which at analogous circumstances is usually charged for similar goods.

The carrier alongside with compensation of the damage caused by loss, shortage or damage of luggage, returns to the passenger, the addressee the payment for transportation of luggage, and also other payments due to the passenger, the addressee which were paid for transportation of lost, missing or damaged (spoiled) luggage.

Article 110. For a delay of departure of a train or for delay of a train on railway station of destination, except for transportation in the suburban communications, the carrier pays to the passenger a penalty at a rate of three percent of a fare for each hour of a delay, but no more than the full amount of fare unless he douse not prove that the delay or delay of a train has happened due to force majeure circumstances, elimination of a danger to the life or health of the passenger, malfunction of vehicles, which have arisen not by the fault of the carrier, or other circumstances independent from the carrier.

The passenger also has the right to demand compensation for other losses caused to him in accordance with the legislation of the Russian Federation.

Article 113. The carrier bears the responsibility for the harm, caused lives or to health of the passenger, in accordance with the legislation of the Russian Federation. Obligatory and voluntary life insurance and health of the passenger for the period of travel on railway transportation is carried out in accordance with the legislation of the Russian Federation.


Carriage of Persons by Air

National carriage:

The Civil Code of the Russian Federation (part II, chapter 40), adopted in December 1995

The Air Code of the Russian Federation, adopted in 1997

International carriage:

Convention for the unification of certain rules relating to international carriage by air of 1929

Time Limit

Article 124 of the Air code requires a complaint to be submitted to the carrier prior to filing a claim. Complaint may be submitted within six months from the date of event which caused the complaint to be submitted. For rules on commencement and currency of the limitation period, please see the section for carriage of cargo by air.

Rules of 1929 Warsaw convention, which provide for the two year limitation period shall apply in case of international carriage.

Limitations on Liability

Carrier shall be liable unless it shall prove that damages have been incurred not at its fault. Damages incurred due to the intention of the sufferer also must not be compensated. Income of the sufferer not received due to damage sustained, as well as expenses connected with deterioration of health (medical treatment, etc.) is to be compensated. In case of death, dependants of the passenger shall be entitled to compensation of funeral expenses, as well as to receipt of the portion of sufferer’s income which would have been spent on them.

In case of international carriage, Warsaw convention of 1929 shall apply, which provide that the carrier shall not be liable in case if it will prove that it has taken all necessary measures to avoid damage or that it was not possible to take such measures. A limit of 250,000 francs (each of 0,0655 g of 0.900 gold) per passenger is also provided for by the Convention.


Carriage of Persons by Ship

The Civil Code of the Russian Federation (part I adopted in 1994, part II adopted in 1995)

The Regulations of automobile transport of the RSFSR, adopted in 1969

Time limit

Requirement for obligatory complaint to be sent to the carrier prior to filing a claim does not apply. The general time limit of three years applies (article 196 of the Civil code).

Limitations on liability

Carrier shall be liable unless it shall prove that damages have been incurred not at its fault. Damages incurred due to the intention of the sufferer also must not be compensated. Income of the sufferer not received due to damage sustained, as well as expenses connected with deterioration of health (medical treatment, etc.) is to be compensated. In case of death, dependants of the passenger shall be entitled to compensation of funeral expenses, as well as to receipt of the portion of sufferer’s income which would have been spent on them.

National Standard Trade Association Conditions


Freight Forwarders Federation

Ship Arrest


Arrest of Ships

Arrest of sea-going ship is specially regulated by Russian Merchant Shipping Code (articles 388 – 392) Russia is a party to International Convention relating to arrest of sea-going ships of 1952, which is also in force in Russian Federation, subject to several reservations.

Also sea-going ship can be arrested in accordance with general rules of arrest of property to secure a claim or enforcement of decision of court in accordance with rules of arrest, provided for by Russian Arbitration procedural code or Civil procedural code.

Any foreign vessel can be arrested when she is within the limits of jurisdiction of the Russian Federation in accordance with Merchant Shipping code (article 388)and 1952 Convention, on the ground of respective ruling of entitled court or arbitration to secure maritime claim. In practice a vessel which is on the territory of the Russian Federation can be arrested.

If a decision of court or arbitrage has entered into legal force, Merchant Shipping code and Convention shall not apply to the arrest.


Cases in which a Ship may be Arrested

Cargo Recourse

In accordance with article 388 of Merchant Shipping Code a vessel can be arrested on maritime claim. In accordance with article 389 any claim connected with any contract on carriage of cargo by sea or contract of carriage of a passenger by sea on a vessel shall be deemed maritime claim.

Any other ship or ships, owners, bareboat-, time- or voyage charterers of which at the same time owners of the vessel, in respect of which maritime claim arisen, can be arrested on such a claim.


Power of the Courts to Arrest in support of Foreign Proceedings

In accordance with article 388 of Merchant Shipping code a ship can be arrested on the ground of decision of a court, an arbitration court or of arbitration on maritime cases, entitled by the law to arrest vessels.

A court is Russian court of general jurisdiction.

Arbitration courts are another branch of judicial system – courts, which consider disputes between legal persons.

Russian arbitration on maritime cases, entitled to arrest vessels is in accordance with Russian law ‘On international commercial arbitration’ (annex II) is Maritime arbitration commission, situated in Moscow.

A person is entitled to file application to the court or the arbitration court, in which territory of jurisdiction the port is situated, where the vessel is located at the moment of application.


Procedure to Obtain An Arrest

Arrest in respect of maritime claim.

The application to arrest the vessel shall be submitted to the court or arbitration court 9in case if both claimant and shipowner are legal persons or physical persons - registered entrepreneurs) by the person who has maritime claim.

The application shall be filed with the court/ Arbitration court of the region in which the vessel is situated (For example, if the vessel is in the port of Novorossiysk, the application shall be filed with the Arbitration court of Krasnodar region, etc.).

We will further describe procedure in arbitration court as most probable situation.

The documents requested by the law shall be attached to the application (Charter of claimant, Power of attorney, etc). State fee for the application in the amount of 1000 rubles (about US$ 40) shall be paid.

Arbitration court shall consider the application not later than the day succeeded the day of submitting of application to the Arbitration court without noticing the parties. Russian Merchant Shipping Code and 1952 Convention do not contain any other requirements to the claimant than to evidence presence of maritime claim.

Upon consideration of the application Arbitrage court is entitled to deliver the ruling to arrest the vessel or to reject the application.

Written copies of the ruling shall be issued by court not later than the day succeeded the day of consideration of the application and sent to the parties.

In case if the applicant considers that the ruling, rejecting the application was taken is breach of the law, the applicant is entitled to appellate against the ruling to the Appellation instance (Appellation court) within 10 days, and further to the Cassation instance (Federal Cassation court).

In case if the ruling to arrest the vessel was delivered, the writ of execution shall be issued by the court immediately after the delivery of arrest ruling.

Upon the receipt of copy of arrest ruling and writ of execution the applicant shall submit the documents together with respective application to the Federal Service of Bailiffs (FSSP).

The Bailiff is the Russian official entitled to impose arrest on vessels. Upon receipt of the writ of execution Bailiff commence execution proceedings. The Bailiff arrives to the port and issues act of arrest of the vessel. From this moment the Master of port shall not permit the vessel leave the port until the moment when the arrest is removed. Russian law “On execution procedure” provides only maximum term within which the arrest shall be effected by the Bailiff – two months. (the expiry of this term does not affect the validity of the writ of execution). It is specially provided for by the said law however that if the act of the court states that it shall be executed immediately (the ruling to arrest a vessel shall contain such clause) it shall than be executed immediately by the Bailiff. In practice term of execution of arrest depends mainly upon position of Bailiff.

Considering our practice, the whole procedure time may range from 24 hours from the beginning (submitting of application to court) to the end (arrest) (ideally) to several days (24 hours for court ruling, another day for receipt of execution writ, time to bring execution writ from the city where court is situated to the port, waiting for reception days of Bailiff’s service (which usually are Mondays and Thursdays only), other possible delays).

Arrest as security measure as a part of procedure of court consideration on the merits of the case.

If a person decides to submit the dispute to the jurisdiction of Russian court and, therefore, to file the claim on the merits of the case to Russian arbitration court, it is possible to seek arrest of the vessel as a security of the claim.

In order to take measures for securing execution of arbitral decision it is required that the arbitration proceeding of consideration on the merits of the case have been already commenced by the Russian arbitration court.

As soon as the court accepts statement of claim and commence proceedings or simultaneously with filing of such statement of claim the claimants may file with the same court an application for securing the claim, in particular to arrest defendants’ vessel or vessels.

The application shall be considered by Arbitration court not later than the day succeeded the day of submitting of application to the Arbitration court without noticing the parties. Upon consideration of the application Arbitrage court is entitled to deliver the ruling to arrest the vessel or to reject the application.

If the court finds that one of following grounds for applying arrest of the vessel are present:A.

failure to take these measures may impede or make impossible the execution of a judicial act; or B.

arrest of the vessel can prevent the infliction of extensive harm to the applicant,

the court shall deliver a ruling of arrest of the vessel.

Russian arbitration courts takes measures on the basis of its own assessment of circumstances of the case and there are no circumstances under which the court will be obliged by law to satisfy an application for securing the claim. If the court finds that the grounds specified in A and B above do not exist the application for securing the claim will be rejected. According to our practice courts are inclined to reject application for securing claims more often than not.

Counter security.

The only circumstance whereunder the application for security of claim may not be rejected in accordance with Russian law and court practice is providing by the applicant of a counter security for possible damages of the defendant.

A counter security is provided either on demand of the court or on the applicant’s own initiative.

If in the event of considering the application for securing the claim the court demands that the applicant shall provide a counter security, then without providing the same the application will be rejected.

The amount of counter security established by the court may not exceed amount of claim. The amount of counter security requested by the court may not be less than half the amount of property claims.

A counter security shall be provided by way of entering into a deposit account of the court monetary assets in the amount suggested by the court or by way of providing a bank guarantee, pledge or other financial guarantee in the same amount.

Further procedure and estimated time of the arrest of vessel as security of claim is similar to the procedure of arrest of vessel on maritime claim, described above


Release of Ship

A ship arrested on maritime claim can be released only on the ground of decision of court, arbitration court or competent arbitration (see above) on condition of providing sufficient security by defendant in the form, acceptable for court. In the absence of agreement between parties regarding amount and form of security it is

In absence of such an agreement court/arbitration is entitled to determine form and amount of security, which shall not exceed value of the arrested vessel.

Maritime Attachment & Garnishment


Attachment of Property


When Available


Property Subject to Attachment


Procedure to Obtain An Attachment


Service of the PMAG and Attachment of Property


Notice of the Attachment


Release of Assets

A ship arrested on maritime claim can be released only on the ground of decision of court, arbitration court or competent arbitration (see above) on condition of providing sufficient security by defendant in the form, acceptable for court. In the absence of agreement between parties regarding amount and form of security it is

In absence of such an agreement court/arbitration is entitled to determine form and amount of security, which shall not exceed value of the arrested vessel.


Countersecurity