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

















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.


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