Interlegal released the vessel within 3 working days
17 November, 2015
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Lawyers of Interlegal protected the foreign shipowner’s rights within three working days due to illegal vessel detention in water area of the Nikolaev Commercial Sea Port.
«Let us congratulate Mr. Sergey Sushko, Mr. Sergey Kalitenko, Mr.Mehmet Dogu and all InterLegal team who have spent time and effort in thiscase. We thank you all for all the efforts. We have read attached court rullingwith joy to be honest.»
On November 6, 2015, in the process of customs control and execution of the Maltese vessel’s arrival for loading, there was detected in the ceiling void a pack of plants which turned out to be a specially hazardous drug – cannabis, as stated by expertize. Due to the aforesaid fact, the criminal proceedings upon drug smuggling commenced immediately. Actual circumstances of detection did not state that the detected item belonged to any crew member. Both master and crew provided access to all the premises, property and documents on board of the vessel, participated voluntarily in finger-printing and medical tests for the purpose of urgent pretrial investigation. Despite obvious non-involvement of the shipowner’s company in the detected crime, the pretrial investigator of law enforcement body, having abused its powers and having violated the procedure of seizing the property (i.e. the foreign-company’s sea-going vessel), made an order on prohibition for the vessel’s movement in water area and leaving the port. Shipowner’s P&I Club nominated immediately lawyers of Interlegal for protection of Shipowner’s interests.
Applications of Shipowner’s defense attorney upon cancelling restrictions in vessel operation, submitted both to the investigator and to the prosecutor, were satisfied on the first working day after announcement of restrictions. Based on the position of law enforcement bodies registering the claims pursuant to the Law of Ukraine on Applications of Citizens, i.e. for the period of consideration up to one month, in order to prevent essential material losses, the appeal against illegal actions of law enforcement bodies was filed to the investigative judge. Under the results of claim consideration, the investigative judge cancelled the investigator’s order on prohibition for the vessel’s movement and leaving the port, having treated it as illegal. After making the aforesaid court decision which entered into force immediately, the investigator released the vessel from all the restrictions. The vessel left the port on the same day.
Operative response and interaction of P&I Club’s representatives and attorneys of Interlegal upon protection of the client’s interests facilitated the vessel release from detention as soon as possible – on the second day after discharge.
Shipowner’s interests were represented by Sergey Sushko, the lawyer, and Sergey Kalitenko, senior lawyer and attorney-at-law.
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