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TRANSPORT & LOGISTICS

Transportation of cargo by sea, rail, road and air transport

 

CARGO CLAIMS:

 

 

OTHER CLAIMS:

 

 

PORTS & TERMINALS

 

 

INSURANCE

 

 

CUSTOMS

 

 

FCR FIATA is a non-negotiable instrument that is documented by a freight forwarder undertaking the consignment under irrevocable shipping instructions. The rules of the FCR (forwarder’s Certificate of receipt) usage in Ukraine are contained in the internal documents of The Association of International Freight Forwarders of Ukraine which is a non-governmental organization. Its regulations are binding only to its members. So, FCR is a forwarder’s Certificate of receipt proving that the goods are accepted by the forwarder in due packaging and in proper quantity specified in the document. Thus, in Ukraine the forwarder confirms this way receiving the merchant’s irrevocable instructions, subject to the absence of disputes between the parties engaged.

 

Ukrainian law provides for the Detention of vessels and cargo by port administrative authorities, which is distinct from the Arrest of ships under the Brussels Convention 1952. Such Detention is considered the means of securing a Maritime claim (particularly one arising out of tort). However, the timeframe and grounds for Detention are limited and the provisions governing Detention constitute an exception to the general rules on ship Arrest under the Brussels Convention. A specific condition of Vessel or cargo Detention by the port authority is that the demand for securing the Maritime claim be brought by a party while the security itself be imposed by another party vested with public authority.

 

In most cases, the party seeking to detain the Vessel or cargo must simply file an application to the port authority declaring the existence of any of the above-mentioned Maritime claims, together with supporting documents. This party will be held liable for any damage caused by unreasonable Detention of the Vessel or cargo.


Publications


  • The extension of time period for transit passage in Turkish straits01.09.17

    One of the recent developments in Maritime section is most welcome by ship owners whereas the time period for awaiting before passing the Turkish straits such as Bosphorus and Dardanelles has been extended from 48 hrs to 168 hrs (almost 7 days)by an amended rule as a result of resolution approved by Cabinet Council dated 28/7/2017.more
  • Black Sea practice newsletter, April-June 201705.08.17

    Interlegal offers you an overview of the hot news from practice, with most useful information for the reporting period.more
  • Direct claim against liability insurer: is it real in Ukraine?17.04.17

    For a party suffering damage from a tort or breach of contract, it may be of key importance to sue not only the person liable, but also the liability insurer behind that person. This is obviously hot topic in transport law practice, and it is legally challenging.more
  • Black Sea practice newsletter, October-December 201623.01.17

    Interlegal offers you an overview of the hot news from practice, with most useful information for the reporting period.more
  • Caution: sanctions!21.12.16

    Today special sanctions are quite a serious institute of administrative governing foreign business entities and their foreign economic activity by the state. Similar intervention into the company business is not always lawful and is usually based on hasty making a decision under the principle “first sanctions, then consideration” which is certainly inadmissible.more
  • Newsletter, July-September01.10.16

    Interlegal offers you an overview of the hot news and publications, with most useful information for the reporting period.more
  • Interlegal LegalCare for the trader: calm in a few cents per ton of cargo20.09.16

    For several years we help our Clients to perform commercial contracts by means of Interlegal LegalCare program – a system of legal support of GAFTA/FOSFA contracts on FOB, СIF, СFR terms of supply for a fixed subscriber’s feemore
  • Ukrainian freight forwarder’s liability in international cargo transportation by road29.08.16

    FIATA states that freight forwarding companies get involved in nearly 80 % of international transportations by all types of vehicles. The official concept of “freight forwarding and logistic services” adopted on 29.10.2004 jointly by FIATA (International Federation of Freight Forwarders Association) and CLECAT (European Association for Forwarding, Transport, Logistic and Customs Service) includes...more
  • Once again on freight forwarding in Ukraine01.04.16

    Freight forwarding is commonly defined as a business activity on rendering freight forwarding services in respect of supply and carriage of export, import, transit and other cargoes. In this article we will deal with regulation of forwarder’s activity in Ukraine...more
  • EU-Ukraine Association Agreement -chase has started23.03.15

    On the 16th of September, 2014, Ukraine ratified its Association Agreement with the European Union and the European Atomic Energy Community as a clear sign of the country’s strive to put an end to the Iron Curtain’s heritage. By aligning Ukraine’s laws and practices with Western standards, the country strives to open its doors and establish a high-class transport & logistics sector.more