Discharge of cargo residues and washwater: instruments of legal defense for Interlegal client
4 September, 2020
22
Since the State Enterprise “Ukrainian Sea Ports Authority” (USPA), jointly with other governmental bodies (such as the State Border Service, the State Environmental Inspection) regularly initiates increase of control over Black Sea water contamination by vessels discharging cargo residues and washwater outside 12-mile area (contiguous zone), the Client applied to Intelegal for explanations.
Interlegal lawyers performed a detailed and complex analysis of national and international law regarding legal status of respective waters, permissions and prohibitions, shipowner’s rights, obligations and liability, consequences of discharge and powers of governmental bodies both within and outside 12-mile area.
One of their statements means that governmental bodies act regularly in breach of Article 19 of the Constitution of Ukraine, i.e. act neither on the grounds nor within the powers prescribed by the Constitution and laws of Ukraine.
They also granted recommendations to the Client regarding behaviour model in specific situations, jointly with useful instruments of legal defense in case of filing groundless claims by governmental bodies.
Interlegal associate attorney Dmitri Ochkolias, lawyer Nikita Kocherba, managed by senior associate Karyna Gorovaya, drafted the legal opinion.
