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When claims become time barred under the Maritime law of Ukraine

24.10.2013

Limitation of action is the period of time within which a party must bring a claim. If you miss and do not file a claim within that time, you are "time barred" from filing unless extenuating circumstances exist. There are different limitation periods for different types of cause of actions under the Maritime law of Ukraine.

 

In order to know when a claim is time barred we made some project research. Moreover, the article gives information about when the duration of a limitation period shall begin.

 

In Ukraine the claims become time barred under the following conditions:


1. Collision with other ships 

 

Merchant Shipping Code of Ukraine

 

Article 389

A limitation of actions of two years shall be applied to claims arising from collision of vessels.

The limitation shall be counted off:

3) for claims on indemnification of damage caused due to vessels collision – from the day of the vessels collision;

 

2. Pollution risks


Merchant Shipping Code of Ukraine

Article 390

A limitation of actions of three years shall be applied to claims on indemnification of damage from pollution from vessels and nuclear damage.

The limitation specified in the first paragraph of this Article shall be counted off from the day when the victim learned or was supposed to learn that he incurred such damage, but not later than six years from the day of the event that caused the pollution, and fifteen years – from the day of the event that caused the nuclear damage. If responsibility of the nuclear vessel operator is insured or otherwise financially secured for a term exceeding fifteen years under the legislation of the state that issued the permission for operation of such vessel or under a special regulation of this state adopted in connection with the specific incident, then the claim on indemnification of the damage shall be satisfied after expiration of the term for which the responsibility was actually secured.

 

International Convention on Civil Liability for Oil Pollution Damage (CLC)

Article II

This Convention shall apply exclusively to pollution damage caused on the territory including the territorial sea of a Contracting State and to preventive measures taken to prevent or minimize such damage.

 

Article VIII

Rights of compensation under this Convention shall be extinguished unless an action is brought there under within three years from the date when the damage occurred. However, in no case hall an action be brought after six years from the date of the incident which caused the damage. Where this incident consists of a series of occurrences, the six years’ period shall run from the date of the first such occurrence.

 

3. Cargo matters

 

Merchant Shipping Code of Ukraine

Article 383

Prior to bringing a suit against the cargo carrier, arising from sea conveyance of cargo, it is possible to present a claim to him.

 

Article 386

The claims to a carrier arising from a contract of conveyance of cargo, passengers and luggage, may be presented within the first six month of the limitation of actions irrespective of whether the conveyance was carried out in cabotage or foreign communication.

 

Article 387

From the day of presentation of the claim to the carrier the course of the limitation of actions shall be stopped until reception of a response to the claim or expiration of the term established for the response.

 

Article 388

A limitation of actions of one year shall be applied to claims arising from a contract of conveyance of cargo irrespective of whether the conveyance was carried out in cabotage or foreign communication.

The indicated term shall be counted off:

1) for claims on indemnification of losses from loss of cargo – from expiration of thirty days from the day when the cargo was supposed to be given out, and in conveyance in intermodal connection – after expiration of four months from the day of acceptance of the cargo for conveyance;

2) for claims on indemnification of losses from shortage or damage of cargo, on delay of delivery or giving out the cargo and on return of overcharged or collection of undercharged conveyance fees – from the day of giving out the cargo, and if the cargo was not given out – from the day when it was supposed to be given out;

3) for claims on shortage of mass homogenous cargos conveyed in bulk, in the cases envisaged by the agreement of the parties – from the day of signature of the act of annual stocktaking;

4) for claims on indemnification of losses for failure to present the vessel or delay of presentation thereof, on payment for the vessel demurrage, as well as bonuses for early loading or unloading of cargo – from the ending day of the month after the month in which the conveyance started or was supposed to be started.;

5) in other cases - from the day of occurrence of the event which comprised the grounds for the presentation of a claim.

 

4. Removal of wreck and associated liabilities

 

Merchant Shipping Code of Ukraine

Article 291

The interested person may contest the average adjustment judicially within six months from the day of receiving the average adjustment with obligatory notification to the average adjuster by sending it a copy of the statement of claim.

 

Article 389

A limitation of actions of two years shall be applied to claims arising from carrying out rescuing operations.

The limitation shall be counted off:

4) for claims arising from carrying out rescuing operations – from the day of the rescuing operation completion

 

5. Liability to stevedores, inspectors and other visitors on board, either in respect of injury or death

 

Civil Code of Ukraine

Article 268

Limitation does not apply:

3) On demand for reimbursement of damage, which caused by injury, other health damage or death, except such damage as a result of the of goods defects which are movable property, including such that are part of other movable or immovable property, including electricity;

 

6. Damage to entered ship by wrong handling of stevedores

 

Civil Code of Ukraine

Article 1211

1) Damage caused by defects of the goods that are real estate, works (services), is refundable if it is done within a specified lifetime (validity) of goods, the results of works (services), and if not installed - for ten years date of manufacture of goods, performance of work (service).

 

7. Stowaways

 

Code of Ukraine on Administrative Offences

Article 135

Ticketless travel passenger, as well as ticket allowance without child from seven to sixteen years:

on water transport ships - punishable by a fine of five times the amount of fare

 

Civil Code of Ukraine

Article 258

2. Limitation of one year applies in particular to the requirements of:

(1)    recovery of a forfeiture (fine, penalty)

 

Article 261

The limitation period starts from the day when the person found out or could find out about the breach of his rights or of any person who has infringed them.

 

The Law Act of Ukraine “On the liability of carriers during international passenger transportation”

Article 1

Enterprises (their associations), institutions, organizations, individuals - entrepreneurs engaged in international transport of passengers (hereinafter - the carriers), for failure to verify before international passenger transport availability in passenger documents required for entry to State of destination, transit, leading to transport or attempt to transport passengers across the state border of Ukraine without required documents shall be liable to a fine from five hundred to one thousand untaxed minimum incomes for each of the passenger, but not more than twenty thousand times the income citizens in one shipment.

By order of the authorized official subdivision of the state border protection of Ukraine, carriers are obliged to take out a passenger, who, due to the lack of the necessary documents is denied to entry to Ukraine, to the State from which the passenger was brought, or to the State which issued him a passport, or find another way to export a passenger outside the territory of Ukraine.

Filing an application of the passenger, who is a foreigner or a stateless person, for refugee status or asylum in the manner prescribed by law does not exempt the carrier from liability provided by this Law for the transportation or attempted transportation of the passenger across the state border of Ukraine without appropriate documents.

 

Article 12

The official organ of the state border protection of Ukraine is authorized to impose fines, take appropriate action within fifteen days after receipt of protocol violation and other case materials. The decision is made by Resolution of the corresponding person.

 

Article 13

Resolution on the penalty, which can be appealed within ten days after its passing to the local court at the location of the corresponding body of the state border protection of Ukraine, whose decisions are final.

The complaint is filled to the Chief of State Border Protection of Ukraine, who passed a resolution in the case of an offense. Complaint, which is received within three day, is being sent with the matter to the local court.

 

8. Fines for failing to comply with regulations or declaration of goods or any infringement of any Customs law

 

Customs Code of Ukraine

Article 467

1) If the cases about the breach of customs regulations are considered by the revenue and duties authorities, administrative penalty (fines) for violation of customs rules may be imposed no later than six months from the date of the offense, and if the revenue and duties authorities consider the cases about the continuing infringement of customs rules - not later than six months from the date of detection of these offenses.

2) If the cases about the breach of customs regulations are considered by the courts (judges), administrative penalty for violation of customs rules may be imposed no later than six months from the date of the offense, and if courts (judges) consider the cases about the continuing infringement of customs rules - not later than three months after the detection of these offenses.

3) In case of refusal of the institution or termination of criminal proceedings, but if the actions of the offender have features of violation of customs rules, administrative penalties may be imposed no later than three months after the decision not to institute criminal proceedings or to close it, but not later than two years from the date of the offense.

 

Code of Administrative Procedure of Ukraine

Article 99

2) The term of six months is established for an appeal to the administrative court to protect rights, freedoms and interests of persons, which, if otherwise, is calculated from the day when the person knew or has to know of the violation of their rights, freedoms and interests.

...

5) The term of one month is established for an appeal to the administrative court concerning the subject of powers’ decision, under which it may be the claim for the recovery of money.

 

Civil Code of Ukraine

Article 258

Limitation of one year applies in particular to the requirements of:

2)    recovery of a forfeiture (fine, penalty).

 

Article 261

The limitation period starts from the day when the person found out or could find out about the breach of his rights or of any person who has infringed them.

 

 

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