of November 20, 2003 No. 18
About cognizance of the cases following from sea requirements
Due to the arising questions of cognizance of the cases following from sea requirements on salary payment and other amounts which are due to crew members of the vessel for work onboard the vessel, including expenses on repatriation and fees on social insurance and also about indemnification, the citizen caused to life or health on the land or on water in connection with operation of the vessel, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. According to item 4 of article 1 of the International convention about standardization of some rules concerning arrest of ocean ships of May 10, 1952 (further - the Convention of 1952) which the Russian Federation joined (The Federal Law of January 6, 1999 of N13-FZ), person who declares availability of the sea requirement in its advantage is understood as "person having the requirement".
In the called Convention the requirements arising in connection with damnification of life or to health of person by the vessel or in connection with its operation, in particular, belong to sea requirements (the subitem of "b" of Item 1 of Article 1), and also about collection of the salary which is due to the captain, faces of command structure or other crew members (the subitem "t" of Item 1 of Article 1).
According to article 389 of the Maritime Code of the Russian Federation (further - KTM Russian Federation) the requirement about indemnification caused to life and health of the citizen on the land or on water in direct link with operation of the vessel and also about salary payment and other amounts which are due to the ship master and other crew members of the vessel for their work onboard the vessel, including expenses on repatriation and paid on behalf of the ship master and other crew members of fees on social insurance, is the sea requirement.
According to these sea requirements it can be seized the ocean ship in the country of its stay by the detention performed according to the procedure of judicial proceedings for providing the sea requirement (Item 2 of the Convention of 1952, article 388 KTM Russian Federation).
2. According to part 1 of article 7 of the Convention of 1952 courts of the country in which it was seized are competent to consider the merits of the case if the law of the country in which it was seized provides to courts such competence or if the requirement arose in the country in which it was seized.
Owing to Items 2 and 4 of part 3 of article 402 CCP of the Russian Federation courts of the Russian Federation have the right to consider cases with participation of foreign persons if the defendant has the property which is in the territory of the Russian Federation, and also the case on indemnification caused by mutilation, other damage of health or the death of the supporter if harm is done in the territory of the Russian Federation or if the claimant takes the residence in the Russian Federation. At the same time cognizance of such cases according to part 1 of article 402 CCP of the Russian Federation is determined by rules of Chapter 3 of the CCP of the Russian Federation as Chapter 44 of the CCP of the Russian Federation regulating cognizance of cases with participation of foreign persons to courts in the Russian Federation does not provide other.
Proceeding from it courts of the Russian Federation have the right to resolve in essence the cases on the disputes following from sea requirements as well in the location in the territory of the Russian Federation the vessel registered in the register of courts of foreign state and floating under National flag of the Russian Federation called above; the vessel registered in the State ship register or the ship book and temporarily translated under national flag of foreign state with right to use and ownership of the foreign freighter; the vessel having nationality of foreign state and floating under national flag of this state.
In the specified case it is necessary to understand its stay as the location of the vessel in sea trade, fish and specialized the ports located in the Russian Federation.
Chairman of the Supreme Court
judge of the Supreme Court
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