Interlegal released the vessel within 3 working days

20 февраля : ru 2 18 декабря 2018 г.: ru 1 31 октября 2019 г.: ru 1 всего: 14 17.11.15

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.

Interlegal 24/7 support - 0038 (094) 931-32-17

  • Debt recovery under LMAA award. Act III: final stage2020.09.28

    We are glad to inform that Interlegal team has completed proceedings on debt recovery from the vessel owner who failed to refund to our Clie...

    show more
  • Interlegal team won GAFTA Arbitration under the dispute concerning short-payment for goods by the Swiss company2020.09.28

    Interlegal completed successfully GAFTA Arbitration under the dispute concerning short-payment for corn supplied on DAP terms, Chernomorsk S...

    show more
  • Interlegal lawyers succeeded in dispute settlement between the Shipowner and the Charterer2020.09.03

    The Client applied to Interlegal upon the issue of shipowner’s potential bringing to responsibility for non-performance of the Charter Party...

    show more
  • Interlegal won the court dispute against large state-owned stevedore2020.09.08

      The Client – port operator – applied to Interlegal for due diligence of one of state-owned stevedores. Such due dil...

    show more
  • Discharge of cargo residues and washwater: instruments of legal defense for Interlegal client2020.09.04

      Since the State Enterprise “Ukrainian Sea Ports Authority” (USPA), jointly with other governmental bodies (such as the State Borde...

    show more
  • Interlegal defended interests of “thyssenkrupp Materials Trading GmbH” in Court of Appeal of Donetsk2020.09.03

      Recently, in Court of Appeal of Donetsk there was a hearing of a case concerning an appeal against the ruling of Kramatorsk Town C...

    show more
  • Interlegal defended world freight forwarder`s interests in court, allowing no damages recover totaling up to UAH 15 million2020.09.01

    Interlegal got a request from a Client, one of the world's largest forwarders, to protect his interests in enforcement proceedings to recove...

    show more
  • Group of companies: structuring as a holding company2020.08.17

    The client – large foreign shipowner applied to Interlegal upon corporate issues regarding Liberian companies acting as nominal shipowners....

    show more
  • Interlegal lawyers refunded costs for a cancelled travel2020.08.11

    A Client apply to Interlegal for refund of costs on travel to exotic country – naturally being cancelled due to closing borders and cancelli...

    show more
  • Yacht Charter Parties 2020: what to stipulate in autumn?2020.08.06

    In the framework of regular services for one of our Client’s commercial yachts, Interlegal supported conclusion of Charter Parties in autumn...

    show more