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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


  • 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
  • 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
  • Force majeure with regard to service providers’ liability (Ukrainian practice)04.11.14

    Ukrainian Law does not contain specific provisions as for the service providers’ liability. Such is regulated by general provisions stipulated by the law for the liability of the forwarders and/or the carriers and/or the warehouse operators as the case may be.more
  • General view on service providers’ liability in Ukraine02.09.14

    Ukrainian Law does not contain specific provisions as for the service providers’ liability. Such is regulated by general provisions stipulated by the law for the liability of the forwarders and/or the carriers and/or the warehouse operators as the case may be.more
  • Forwarder’s Liability as a Consignee under Bill of Lading - a Ukrainian Perspective16.02.14

    What is the legal status of a consignee as the person in whose favour a contract of carriage is made? Should it be substantially different if this role is played by a forwarder?

    more
  • Freight-forwarder liability at a glance29.05.13

    In modern practice, the organisation of the transport process often necessitates direct international multimodal transportation, in which case the freight forwarder carries out the contract of carriage as a multimodal transport operator, even if...

    more
  • Out-of-gauge adventures26.07.13

    The problem of handling the out-of-gauge cargo in Black Sea has been arisen by the organizers of Maritime Days in Odessa for several times. It is transportation of such cargo which detects weak points of transport infrastructure of the region, the country in general and even peculiarities of local bureaucracy.

    more
  • IBA Real Estate newsletter10.07.09

    The Ukrainian land law is undergoing signi?cant changes due to the constant development of land transactions in Ukraine. In autumn 2008 one could observe an unprecedented number of amendments to the laws covering real estate issues in Ukraine.more