“Legal defense against illegal actions of governmental bodies is a unique phenomenon in the civilized world”, - Interlegal partner Artem Skorobogatov

On July, 31, Interlegal partner Artem Skorobogatov participated in the meeting managed by Maxim Stepanov, Governor of the Odessa Region, regarding the State Ecological Inspection for the Black Sea North-West Region functioning problems.

The meeting delegates, including sea port managers, freight forwarders, maritime agents and maritime society representatives, discussed the Ukrainian maritime business’s issues of concern, namely ecological inspectors’ unlawful and corruptive actions.

Artem Skorobogatov noted, “Interlegal has 6 offices in Black Sea Region and 29 associated offices in Europe, the USA and North Africa. But our clients apply to us for their interest defense against state authorities’ unlawful actions in Ukraine only. We have a unique experience in such law industry for over two decades of our firm’s practice. We cannot explain such legal assistance to our colleagues from other offices, while they do not understand us”.

“From the beginning of 2018, we received 12 requests from our clients concerning the problems of lawlessness, inactivity or unlawful actions committed by State Ecological Inspection for the Black Sea North-West Region. The number of foreign shipowners’ requests makes up 90% and is still growing. In most cases our attorneys arrive at sea ports in order to prevent unlawful actions of ecological inspectors or to fix the facts of violation, since the chance for inspectors to take segregated ballast water samples anyway will cause penalties. There is a sole advice for shipowners: not to let them come on board”.

Artem Skorobogatov added, “The obvious solution is to provide automatic monitoring of sea water compound at the sea ports in order to assess objectively changes in its status. It shall serve as sole grounds for investigation, detection of person liable for such violation and damage reimbursement. It shall be compared not with abstract maximum allowed values but with sea water actual compound in a certain water area, since ecological inspectors blackmail navigation and merchant shipping business on the pretext of water area safety”.

Under the conference results, delegates required the Ukrainian Sea Ports Authority to restrict access for ecological inspectors to the sea ports due to absence of powers and procedure on the grounds whereon such authority duplicates the USPA functions regarding sea port water area ecological control for the actual purpose of unlawful pressure against shipowners.