What is a home port. Change of port of registration of the vessel. Documents defining the legal status of the vessel

In accordance with the Merchant Shipping Code, a ship is understood to be a self-propelled or non-self-propelled floating structure used for merchant shipping purposes.
A sea vessel as a product of shipbuilding technology is property owned by the owner.

However, in some cases the ship is considered not only as property, but also as institution with rights and obligations(for example, the right to sail under the State flag of the Russian Federation or another state, the obligation to have a name, to have a proper crew on board). A ship as an institution, for example, can be found guilty and not guilty (for example, in a collision with another ship).

However the vessel is not a subject of civil law, it does not have the rights of a legal entity. Marine vessels do not bear independent property liability. On their own behalf, they cannot conclude contracts, enter into other transactions or otherwise participate in civil law (property) relations. Civil liability for the obligations of a sea vessel falls on the ship owner.

2. Vessel owner and shipowner

The owner of the ship is understood as the subject of the right of ownership, the person who exercises the powers of the owner in relation to the ship.

According to the KTM RF, ships can be owned by:
citizens and legal entities;
Russian Federation, subjects of the Russian Federation;
municipalities.

Ships with nuclear power plants can only be owned by the Russian Federation.

The owner of the ship has the right, at his own discretion, to take any actions in relation to the ship that do not contradict the law and other legal acts of the Russian Federation and do not violate the rights and legitimate interests of other persons, including alienating the ship into the ownership of other persons (alienation of property - transfer of property belonging to one person , in the ownership of another person; one of the ways for the owner to exercise the authority to dispose of property belonging to him). He may, while remaining the owner, transfer to other persons the rights of possession, use and disposal of the ship, and dispose of it in another way.

The owner of the vessel has the right to transfer it under a trust management agreement ship for a period not exceeding five years, to manage the ship for a fee in the interests of the owner.

As trustees, ship owners elect individual entrepreneurs or commercial organizations competent in the field of ship management and operation.

For the trustee, the economic term “disponsor” is also used - a person authorized by the company to deal with its affairs, dispose of the funds, property of the company.

The transfer of the ship to trust management does not entail the transfer of ownership of it to the trustee.

A vessel that is in economic or operational management cannot be transferred to trust management.

Widely used term "ship operator" means the owner of a ship, the trustee, the charterer of a bareboat charter, or any other natural or legal person who is formally held liable as the owner or charterer of a bareboat ship.

A ship owner is a person who operates a ship on his own behalf, regardless of whether he owns the ship or uses it on another legal basis.

Vessel operation is understood as a set of actions for the maintenance of the vessel, the organization of its insurance, financial planning and reporting, crew management, fuel supply, dispatching operations and chartering.

If the owner himself operates the ship on his own behalf, he is also the owner of the ship.

If an individual or legal entity operates a ship on the basis of economic management, operational management or trust management, then it is recognized as a shipowner.

The legal basis for the operation of the ship on its own behalf may also be an agreement on the provision of the ship by its owner or a person with the right of economic management, operational management or trust management, for temporary use to a third party on the terms of a bareboat charter (representation of a ship without a crew , not equipped and not having supplies - a "naked" vessel). A ship owner is also a person who actually owns the ship and uses it legally under a time charter contract for a ship with a crew (time charter).

3. Leasing of vessels

Leasing(financial lease) - a type of direct investment in which lessor undertakes to acquire ownership of the property indicated by the lessee from the seller determined by him to transfer this property lessee as a subject of leasing for a certain fee, for a certain period and under the conditions specified in the financial leasing agreement for temporary possession and use.

The lessor pays for the construction (or purchase) of a vessel for the lessee. Leasing legal relations, in addition to the lessor and the lessee, should include one more additional entity - the seller of leasing property (for a new ship - a shipyard). A leasing transaction consists of at least two binding agreements - the leasing agreement itself and the sale and purchase agreement (shipbuilding agreement). At the same time, in the shipbuilding contract, the customer of the ship - the lessor is obliged to provide for a provision that the ship is being built specifically for leasing. The lessee, as the user of the vessel, plays a decisive role in determining the technical characteristics of the vessel under construction - the subject of leasing. In relation to the vessel (its characteristics and quality), he has all the rights and obligations of the actual customer - the buyer of the property, although the legal (formal) customer of the vessel is the lessor.

Under a leasing agreement, the lessor becomes the owner of the built (or acquired) ship and undertakes to provide the lessee with a ship without a crew for a fee for a certain period. In this case, the lessee becomes the shipowner (but not the owner).

During the term of the leasing agreement, the lessee pays in stages the cost of the vessel stipulated by the agreement, which includes the cost of equipment, the costs of attracting credit funds from banks, and the commission of the leasing company.

An important feature of the leasing scheme for the acquisition of equipment is the allocation of the entire amount of lease payments to the cost of the lessee's products.

The term for which the subject of leasing is transferred to the lessee is commensurate in duration with the period of full depreciation of the subject of leasing or exceeds it.

In accordance with the current legislation, in relation to equipment transferred under a financial leasing agreement, accelerated depreciation mechanism, which allows the lessee to significantly reduce the amount of taxes paid and save a significant part of the financial resources.

Leasing does not require from the lessee a one-time diversion of significant working capital, except for the payment of advance payments during the construction period in a relatively small amount. At the same time, the built vessel can serve as sufficient security for the financial resources attracted by the lessor.

The leasing agreement usually provides that at the end of its term or before its expiration, the vessel becomes the property of the lessee, subject to payment by the lessee of the full amount stipulated by the leasing agreement, calculated taking into account the depreciation of equipment.

4. Registration of ships, its legal significance

Vessel registration there is a legal act of recognition by the state of the emergence, limitation, transfer or termination of rights to the ship and serves as the only evidence of the existence of registered rights. These rights can only be challenged in court.

The registration of a ship in the ship's register is regarded as one of the forms of state supervision of ships flying the national flag. Registration controls the moment when a particular ship has the right to sail under the flag of a given state, compliance with the legality and legitimacy of the alienation of ships and their transfer to pledge, as well as compliance with navigation safety measures. The registration of a vessel also means that the national maritime administration body has checked the legal aspects and the technical condition of the vessel, and made sure that they fully comply with the requirements of national legislation based on international standards, and this fact testifies to third parties.

The main conditions for registering a ship in the Register are confirmation of the cancellation of the previous registration, if any, and in the case of a bareboat charter (chartering a ship without a crew), confirmation that the right to sail under the flag of another state is suspended, as well as a certificate of the technical condition of the ship issued by one of the classification societies.

The ship is subject to registration in one of the registers of ships of the Russian Federation (hereinafter - the registers of ships):
State ship register;
ship's book;
bareboat charter registry;
Russian International Register of Ships.

A ship can only be registered in one of the ship registers.

The registration of a ship in the State Ship Register, the Russian International Register of Ships or the ship's book, the right of ownership and other real rights to the ship, as well as restrictions (encumbrances) of rights to it, is the only evidence of the existence of a registered right, which can only be challenged in court.

IN State ship register All ships subject to technical supervision by the Russian Maritime Register of Shipping are subject to entry: self-propelled ships with a main engine with a power of at least 55 kW and non-self-propelled ships with a capacity of at least 80 tons.

The registration of these vessels is carried out by the captain of the seaport.

Information about the registered vessels of the fishing fleet and the rights to them is quarterly submitted by the captain of the seaport to the federal executive body in the field of fisheries.

Sports and pleasure vessels, as well as other vessels that are not subject to the conditions of registration in the State Register of Ships, are registered in the ship's books. Registration of these ships is carried out by the bodies of technical supervision of such ships.

IN Russian International Register of Ships ships are registered that are used for the international transportation of goods, passengers and their luggage, as well as for the provision of other services related to the implementation of these transportations. The use of ships for the international transport of goods, passengers and their luggage also includes the leasing of ships for the provision of such services.

Registration of ships in the Russian International Register of Ships is carried out by seaport captains, the list of which is approved by the Government of the Russian Federation.

Registration of a vessel in the Russian International Register of Ships is subject to annual confirmation.

Registration of ships owned by the Russian Federation, owned by the constituent entities of the Russian Federation or operated by them and used only for governmental non-commercial service, with the exception of warships, military auxiliary ships and border ships, is carried out in the State Ship Register or ship book.

Vessels that are accessories of any vessel (boats, lighters transported on board a lighter carrier, small fishing vessels transported on board a floating base - motorboats, etc.) are not subject to entry into the register of ships.

A ship that is entered in the register or ship book must have Name assigned by the owner of the ship. The name of the ship must be distinct from the names of other registered ships.

The name of the vessel is applied on the bow on both sides and on the stern of the vessel. A new name may be affixed to a vessel only after an appropriate change has been made in the State Register of Ships or the Ship's Book.

The port of registry of the ship is the place of its registration. The ship's home port is indicated at the stern under the name of the ship.
A vessel equipped with means of communication is assigned an international call sign. Depending on the technical equipment of the ship, it is also assigned the identification number of the ship's satellite communications station and the number of the selective call of the ship's station.

Education and appropriation international call sign identification is carried out at the place of registration of the vessel by the enterprise of the Radio Frequency Center, which is part of the system of the RF Radio Frequency Service. Registration in the INMARSAT mobile satellite communication system of INMARSAT subscriber earth stations (including the assignment of identification numbers) owned by Russian legal entities and individuals, as well as the assignment of a selective call number to a ship station, is carried out by the Federal Unitary State Enterprise Morsviazsputnik.

When the ownership of a ship is transferred, appropriate changes are made to the State Ship Register or the ship's book.

Information about the obligations with which the ship is encumbered (transfer to trust management, pledge, mortgage, debt obligations) is entered into the register.
Ship registers are open to any person interested in obtaining the information contained in them. The interested person has the right to receive a duly executed extract from the ship's register for a fee.

A ship registered in the register of a foreign state may be registered in the State Register of Ships or the ship's book only after being excluded from the register of this state and providing a certificate certifying that the ship is excluded or will be immediately excluded from the register at the time of the new registration.

The registration of a Russian ship in the ship register of a foreign state is not legally valid unless the ship is excluded in the prescribed manner from the State ship register or ship book.

The initial registration of a built ship must be carried out within one month from the date of its launch, and a ship purchased outside the Russian Federation - within onemonths from the date of its arrival at the seaport of the Russian Federation.

5. Flag and nationality of the vessel

Vessels entered in one of the registers of ships of the Russian Federation shall be entitled to sail under the State Flag of the Russian Federation.

The entry of a ship into the register of ships of the Russian Federation is certified by the issuance of a certificate for the right to sail under the State Flag of the Russian Federation. After receiving the certificate, the state flag of the Russian Federation is hoisted on the vessel.

Vessel. purchased abroad, enjoys the right to sail under the State flag of the Russian Federation from the moment the consul of the Russian Federation issues a temporary certificate.

When a ship is provided for use and possession by a foreign charterer under a bareboat charter, such a ship may be temporarily transferred under the flag of a foreign state in the manner and under the conditions stipulated by the RF MLC.

The nationality of a ship is its state affiliation, indicating which state the ship is subordinate to and the laws of which state apply to it.

According to the 1982 United Nations Convention on the Law of the Sea, ships have the nationality of the State whose flag they are entitled to fly. Each state determines the conditions for granting its nationality to ships, the registration of ships in its territory and the right to fly its flag.

The Convention establishes that a ship must fly the flag of only one state and, except in exceptional cases expressly provided for in international treaties or in the Convention, submit to its exclusive jurisdiction on the high seas. A ship may not change her flag while sailing or when she is in port, except in the event of a valid transfer of ownership or change of registration. A ship flying the flags of two or more states, using them at its own discretion, cannot claim recognition of any of the respective nationalities by other states and may be equated with ships without a nationality.

The Convention provides for the obligations of the flag state for the registration of ships and the implementation of real communication: the obligation of each state to exercise its jurisdiction and control over ships flying its flag in administrative, technical and social matters (jurisdiction is the exclusive right to prosecute, resolve legal issues, etc. .).

Each State, in relation to ships flying its flag, is obliged to take the necessary measures to ensure safety at sea, in particular with regard to the construction, equipment and seaworthiness of ships, manning, working conditions and training of ship crews, use of signals, communication and collision avoidance. The flag is the determining factor in many legal relationships entered into by the owner, shipowner and captain of the ship. Information about the ship's flag also appears in contractual relations, in particular in a charter agreement. The third party with whom the captain enters into an agreement must be confident in the authority of the captain to enter into an agreement within the limits determined by the law of the flag. All contracts concluded on board the ship are considered as concluded in the flag country.

In the event of a collision or any other navigational incident on the high seas, no criminal or disciplinary action against the master or any other person serving on the ship may be brought except by the judicial or administrative authorities of the flag State or of the State of which he is a national. face is. Neither the arrest nor the detention of a ship on the high seas, other than in specific cases specified in international law, can be carried out even as a measure of investigation by order of any authority other than the flag state.

A ship registered in one of the registers of ships of the Russian Federation may be temporarily transferred to the flag of a foreign state on the basis of a decision of the federal executive authority in the field of transport or in the field of fisheries, taking into account the opinion of the all-Russian trade union of workers in the relevant industry with the suspension of the right to sail under the State flag of the Russian Federation. Federation.

A ship may be transferred under the flag of a foreign state for a period not exceeding two years, with the right to subsequently renew it every two years, but if it is transferred under a bareboat charter, then not more than the duration of the bareboat charter. For the purposes of re-flagging, the duration of a bareboat charter may not be less than one year.

6. Ship's documents

International conventions, the Merchant Shipping Code of the Russian Federation and regulations issued in their development contain a number of requirements obliging a ship to have certain ship documents of great legal significance. The possibility of the ship going on a voyage depends on the availability of proper ship documents on the ship. According to the data specified in the ship's documents, the amount of dues collected from the ship is calculated. Only if the necessary documents are available, a sale is possible - the purchase of a vessel and the recognition of the legality of the transaction being made.

Ship documents, and especially the journals kept on board, are of great evidentiary value in judicial, administrative and departmental proceedings related to navigation incidents and disputes.

When checking the ship for compliance with the safety requirements of navigation, it is considered not to meet these requirements if the ship's documents provided for by international conventions are missing or their validity period has expired.

Documents defining the legal status of the vessel

Certificate of the right to sail under the State flag of the Russian Federation. Issued by the body that registers the vessel.
Certificate of ownership of the vessel(perpetual). Issued simultaneously with the certificate of ownership of the vessel. Serves as exceptional proof of ownership of the vessel. Issued to ships with a gross tonnage of more than 20 reg. t entered in the ship's register.

Documents certifying the condition of the vessel and its suitability for operation

Sailing certificate. Issued by the Russian Maritime Register of Shipping or a foreign classification society recognized by it for a period of five years with annual confirmation within three months before or after the expiration of one year from the date of its issue. It indicates in which areas the ship can navigate. It is one of the most important proofs of the ship's seaworthiness.

Measurement certificate. Issued by the Register Inspectorate. Contains information about the net and gross tonnage of the vessel, the dimensions of the vessel and its individual premises. According to the measuring certificate, ship and pilotage dues are charged, the possibility of a vessel passing through locks and channels is determined.
Vessels are measured in accordance with the rules of the International Convention on the Measurement of Ships, 1969.
For passage through the Suez and Panama Canals, special measuring certificates are issued.

Passenger certificate. Issued by the Register to ships carrying more than 12 passengers.

Load line certificate. Issued in accordance with the requirements of the International Convention on Load Lines, 1966. Issued by the Register to ships with a gross tonnage of over 150 Reg. t for a period of five years. Certifies that the load lines marked on the sides of the vessel and the minimum height of its freeboard meet the requirements for the safety of navigation.

Oil Pollution Prevention Certificate,
Sewage Pollution Prevention Certificate.
Garbage Pollution Prevention Certificate–
issued by bodies of technical supervision and classification of ships.

Ship sanitary certificate of the right to sail. Issued by the bodies of sanitary and epidemiological supervision in the water transport of the Russian Federation. Contains a conclusion on the suitability of the vessel for navigation in terms of its sanitary condition.

The Sanitary Service also issues certificate of deratization and certificate of exemption from deratization.

crew list- a list of the ship's crew members. Required for submission to port supervision, customs and border services.

Certificate of minimum crew.

Ship radio license and (if the ship has a ship's radio). The license is issued by the federal executive authority in the field of communications.

Documents reflecting the daily activities of the ship

Ship's journal. The main official document reflecting the continuous activity of the vessel in all its manifestations, as well as the objective conditions and circumstances accompanying this activity. Conducted by the captain's officers on duty under the daily supervision of the captain.

The legal significance of the logbook lies in the fact that the entries contained in it are one of the types of written evidence in the investigation of accidents and incidents related to marine pollution, in the consideration of litigation and arbitration disputes related to damage or shortage of cargo, in the evaluation of salvage actions. and in other cases.

The logbook shall be kept on board the ship for two years from the date of the last entry in it. Upon the expiration of the specified period, the ship's log shall be deposited with the body in which the ship is registered.

The ship's log is provided for review and making copies of it to persons entitled to receive relevant information.

In the event of a ship being sold outside the Russian Federation, the ship's logbook shall be provided for familiarization and making copies of it to persons entitled to receive relevant information for the period preceding the sale of the ship.

machine log(for power-driven ships). Conducted by the watch mechanic under the direct supervision of the chief (senior) mechanic. It reflects the operation of the main engine and other ship's mechanisms, the time of receipt and execution of orders from the bridge about speed, main engine reverses, water supply for various purposes, ballast reception and pumping, fuel and lubricant consumption.

Radio magazine. Conducted by the ship's radio operator.

Sanitary magazine.

Waste Water Operations Journal.

Garbage log.

Journal of Oil Operations for Ships other than Oil Tankers. Conducted on ships subject to the MARPOL 73/78 Convention.

Oil Operations Journal for oil tankers.

Trade journal. The main document that serves to record and analyze the fishery and the operation of the mining vessel. Records are kept by the officer on duty. The master of the vessel is responsible for the correct and timely keeping of the fishing log.

Entries in the log are kept from the moment the fishery begins to the moment it ends.

The journal records the serial number of trawling, sighting, setting, etc. fishing gear of this fishing trip, coordinates of the place of installation of fishing gear; names of fishing gear (trawls - bottom, near-bottom, mid-depth, purse seines, nets, longlines, traps, etc.), type of net material from which they are made, and the minimum mesh size in fishing gear; the duration of the descent of the fishing gear; the duration of the fishing gear being caught from the moment the descent ends until the moment it begins to rise; the duration of hauling the trawl or hauling other fishing gear; catch weight; the name of the species of caught fish and other seafood; courses, depths and speed of trawling; time spent looking for fish and moving from one square to another; loss of fishing time due to hydrometeorological and other reasons; time spent unloading fish and getting supplies.

The ship must have other documents provided for by the rules issued by the body exercising technical supervision of ships.

Classification certificate certifies that the ship's hull, its equipment and devices, main and auxiliary machinery, boilers and air retainers have been surveyed by the Russian Maritime Register of Shipping or another classification society and recognized as meeting the requirements of the Register Rules, as a result of which the ship is assigned the Register class. The class indicates that the vessel meets the requirements for its strength and seaworthiness, which provides the shipowner with more favorable conditions for insuring the vessel and its operation - the possibility of concluding contracts for the carriage of goods at higher rates.

Ships subject to international conventions must have the documents required by these conventions, which are issued by the Maritime Register of Shipping under the authorization of the Government of the Russian Federation.

So, cargo ships of foreign navigation in accordance with the SOLAS-74 Convention must have:
ship safety certificate by design;
ship safety certificate for equipment and supplies (life-saving appliances and fire protection);
safety certificate for radio equipment.

Ships covered by the MARPOL Convention must have International Oil Pollution Prevention Certificate.

fishing ticket issued to the captain of the fishing vessel by the fish protection authorities. It is valid for one year from the date of issue, and for the next four years after annual renewals. After five years of validity, the ticket must be replaced with a new one.

The ticket gives the right to enter the open sea for fishing and other water objects. In case of violation of the rules of fishing, the state inspector of fish protection has the right to withdraw the fishing ticket from the captain.

When fishing in the territorial waters, fishing or economic zones of other states, the captain must have a license or other permit.

The ship must carry the original

Approximate list of documents for change

port of registration of a ship registered with the RMRS

General information

The seaport of registration of a vessel may be changed on the basis of applications from the owner of the vessel (the Russian charterer of the vessel) sent to the captain of the seaport of registration and the captain of the new seaport of registration of the vessel.

When changing the seaport of registration of a vessel, the captain of the former seaport of registration of the vessel sends the register of the vessel and the case file to the captain of the new seaport of registration of the vessel in accordance with the established procedure. At the same time, a corresponding entry is made in the column "Special Marks" of the Russian International Register of Ships.

The owner of the ship must inform the pledgee of the registered mortgage or other encumbrance of the ship of the same nature about the upcoming change in the seaport of the ship's registration and obtain the appropriate consent.

The captain of the new seaport of registration, having received the ship register and the ship file, assigns the ship a new serial registration number and enters all the information contained in the Russian International Ship Register maintained at the former seaport of the ship’s registration into the Russian International Ship Register maintained at the new seaport vessel registration.

The captain of the new seaport of registration of the vessel must inform the captain of the former seaport of registration of the completion of the procedure for registering the vessel. Upon receipt of this message, the captain of the former seaport of registration of the vessel makes an entry in the Russian International Register of Ships indicating the new seaport of registration and the new serial registration number of the vessel.

Along with the application for changing the seaport of registration of a ship registered in the Russian International Register of Ships, the captain of the new seaport of registration of the ship is presented with a document confirming payment of the state fee for registering the ship and for issuing a Certificate of ownership of the ship and / or a Certificate of the right to sail under the State flag of the Russian Federation in the previous seaport of registration.

Changing the seaport of registration of a ship registered in the Russian International Register of Ships is allowed within the seaports, the list of which is approved by Order of the Government of the Russian Federation No. 583-r dated April 25, 2006.

List of documents

3. Identification document of the applicant

5. Documents confirming the authority of the representative of the owner (charterer) of the ship

6. Document confirming the payment of the state fee:

For the registration of the vessel in the Russian International Register of Ships

For the issuance of a Certificate of Ownership of the Vessel and/or

For the issuance of the Certificate of the right to sail under the State Flag of the Russian Federation

(in the previous seaport of the vessel's registration)

7. Written consent of the person in whose favor the corresponding restriction (encumbrance) of rights is established

8. Certificate of ownership of the ship (and its copy certified by the captain of the sea port) register of ships, by the Captain of the former seaport of registration of the ship).

What does the flag under which the yacht goes to sea mean? The flag at the stern of the yacht represents the state where the authorized executive body registers the yacht that complies with the Code of Rules and Regulations for Mariners adopted by this registrar. As a rule, the Code of Practice complies with the British Large Yacht Commercial Code and does not contradict the documents of the International Maritime Organization (IMO) on the safety of navigation and environmental protection. The registrar of the yacht under whose flag it sails controls compliance with its Code of Claims in the territorial waters of the home state and is responsible for the ships of its register that are in international territorial waters. The registered flag is the basis for issuing the necessary certificates and permits for seafarers.

The owner of the yacht is not limited in the choice of the registrar of the yacht, and, consequently, the flag and port of registry of the vessel. Therefore, it is important to choose the “correct flag” and the place of registration of the yacht.

There are several so-called "white lists" of yacht/flag registrars around the world. These lists include registrars with a good international reputation, acquired through their quality control of the navigational and environmental safety of ships and the control of compliance on ships with codes of practice for mariners, as well as through the provision of administrative and technical support by registrars to members of their registry.

"White lists" were adopted within the framework of memorandums of understanding regarding the control of ships assigned to the port of the state (Memorandum of Understanding on Port State Control). There are the Paris and Tokyo MoUs defining the new inspection regime, as well as the high standards of the United States Coast Guard (USCG Qualship 21).

However, there are also so-called "non-compliance flag" lists that have arisen due to violations in the industrial shipping environment. It is known that today a third of the tankers of the international oil flotilla have poor maritime safety indicators, as a result, the flags of the states under which they are registered fall into the lists of "flags of non-compliance", and they are under pressure from international organizations to protect the safety of navigation and the environmental environment.

The prestige of the flag guarantees high control over compliance with the standards and safety rules on the vessel by the registrar, and therefore increases the owner's confidence in his vessel. However, when choosing a registrar, you should not be influenced by myths, and be aware that: the ship's registrar does not provide tax benefits; the flag registrar necessarily finds out the ultimate beneficiary of the vessel and will not register the vessel for a dummy owner; the owner will not be able to register a vessel with technical aspects that do not meet the standards of navigational and environmental safety, as well as maintenance standards.

The requirements of all major yacht registries comply with the standards and rules generally accepted in international maritime practice: SOLAS, MARPOL, MLC 2006, COLREG, STCW - so the flag registration conditions for all registrars are very similar.

At the same time, there are nuances that you should pay attention to when choosing a yacht/flag registrar. If the yacht is owned by a company registered in an offshore territory where there is a flag registrar, then it is easier to register the yacht under the flag of this registrar, i.e. at the place of registration of the ultimate beneficiary. This will reduce costs by around €1,000 per year by saving on an intermediary representing the owner in another country where the owner would like to register his yacht without being a resident.

Since there is no formal difference between the registration conditions of various yacht/flag registrars, you can concentrate on the design of the flag and the choice of the home port, which will then eloquently emphasize the merits of your yacht under its name ...

Of all yacht registrars, it is preferable to choose one of three options: the British Merchant Navy (Red Ensign Group), the Marshall Islands and Malta.

Red Ensign Group (REG) is the largest yacht registrar. According to experts in the yachting industry, about 80% of the yacht fleet is registered under the flags of the Group. REG has gained its prestige through its commitment to deep seafaring traditions and high standards of quality and safety. The Group employs a large number of highly qualified inspectors who consistently follow the values of REG and the Large Yacht Commercial Code approved by the International Maritime Organization (IMO) as an equivalent substitute for some maritime conventions (Load Line Conventions, SOLAS and STCW) .

The Red Ensign Group consists of registrars from the United Kingdom, the Crown Territories (Isle of Man, Guernsey and Jersey) and the United Kingdom Overseas Territories (Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Saint Helena and Isles Turks & Caicos). Any vessel registered in these territories is a "British vessel" and is entitled to fly the REG flag.

There are two categories of REGs:

Category 2 - commercial ships and yachts with a tonnage up to 150 GRT are registered in it (this limit can be extended to 400GRT upon agreement with the UK); and ships that are not used for commercial purposes, with a tonnage up to 400 GRT.

According to Denis Perevoznikov, project manager of motor yachts, compiled on the basis of http://www.world-register.org/ , the picture of registration of yachts under various flags is as follows:

Flag Registrar: Bermuda

Home port: Hamilton. About 36 yachts over 24 meters long sail under the flag of Bermuda. The most famous are A and Eclipse.

Flag Registrar: British Virgin Islands

Homeports: Road Harbor, Gorda Sound and White Bay. There are 19 yachts in the British Virgin Islands registry that are over 24 meters long. The most famous yacht is Dynasty.

Flag Registrar: Cayman Islands

Home ports: George Town, The Creek, Bloody Bay. This is the most popular flag in the yachting environment. Under it, 597 yachts are registered, with a length of more than 24 meters.

Flag Registrar: Gibraltar

Home port: Gibraltar. There are 16 yachts on the Gibraltar registry, over 24 meters in length. Most of the yachts were built at the Kaiser Werft shipyard.

Flag Registrar: Isle of Man

Homeports: Douglas, Castletown, Peel, Ramsey. This is the second most important flag in the yachting environment, which flutters at the stern of 125 luxury yachts, from 24 meters in length. The most famous representatives are yachts Azteca, Baton Rouge.

Flag Registrar: Marshall Islands

The flag registrar's code of standards and regulations is in accordance with the Large Yacht Commercial Code.

Home ports: Bikini, Jaluit. About 70 yachts over 24 meters long sail under the flag of the Marshall Islands. The most famous yachts of the registry are Big Fish and Star Fish.

Flag Registrar: Malta

The own set of standards and rules of the registrar located in the EU complies with the Large Yacht Commercial Code. It is the largest flag registrar in the EU and is included in the "white list" of the Paris Memorandum.

Home port: Valetta. There are 92 yachts registered under the flag of Malta, over 24 meters long. Among them, the famous "Maltese Falcon", Zefira, Exuma.

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So, since you did not enter through the entrance for professionals, you honestly admitted to yourself and to us that you are a DON'T KNOW. It's not a problem, is it? We are all dummies - only in different areas :)

However, what kind of ignoramus are you? If you have a bicycle, then you are already familiar with the basic knowledge of mechanics - a wheel, a bearing, a shaft, a chain, a gear, a crank, a spring, what else is there? It remains to get acquainted with the purely MARINE features of our craft.

What is this page that you will find here. Let's try to help figure this out. Much found on the full page will rightly seem boring and uninteresting to you. Some purely professional ranting. But there is something for the curious.

To begin with, so that the words do not cut the ear and do not confuse, look into the small GLOSSARY. In addition to smart or comic explanations, you will find here quite childish and frivolous explanations - but we hope all of them are equally useful.

MINI DON'T-KNOWN DICTIONARY WITH NECESSARY ADDITIONS

To begin with, remember a couple of basic concepts, and then no one will immediately notice that you are a dunno.

First - VESSEL, is not SHIP. Because a ship is a "warship", and a ship is a "merchant, cargo ship". It's clear? In truth, sailors don't like the word "ship." Guessed why? Therefore, sailors say -. Although this is not always correct (see dictionary)

And the second - ships, ships and sailors do not SWIMMING, but WALK. So to the question "Do you swim?" such a rude answer may sound: "Shit swims, but a sailor walks!"

And yet - they always say "went to sea" or "went on a voyage"

CPU- central control post. Well, it's almost like in a spaceship :) Or rather, in it. His Majesty and all the rest, which is smaller, are governed from here.

Tokarka- this is a workshop in which there is a lathe and next to it there is a turner who sharpens on a lathe. Here it is absolutely necessary to clarify that round parts are sharpened on a LATHING machine, but knives and scissors are sharpened on a GRINDING MACHINE. Already confused?

smoking room- here they relax, smoke, joke and generally communicate. The smoking room is practically the center of communication for the crew, a club, a forum, if you like. This is one of the most useful places on the steamer for the development of dunno. But here they can play a joke.

If you want, you can get to know the authors a little closer.

You can chat with sailors and not only at one of the Forums.

The registration of a ship is a legal act of recognition by the state of the emergence, limitation, transfer or termination of rights to a ship and serves as the only evidence of the existence of registered rights. These rights can only be challenged in court.

The registration of a ship in the ship's register is regarded as one of the forms of state supervision of ships flying the national flag. Registration controls the moment when a particular ship has the right to sail under the flag of a given state, compliance with the legality and legitimacy of the alienation of ships and their transfer to pledge, as well as compliance with navigation safety measures. The registration of a vessel also means that the national maritime administration body has checked the legal aspects and the technical condition of the vessel, and made sure that they fully comply with the requirements of national legislation based on international standards, and this fact testifies to third parties.

The ship is subject to registration in one of the registers of ships of the Russian Federation (hereinafter referred to as the registers of ships):

- State ship register;
- ship's book;
- bareboat charter registry;
- Russian International Register of Vessels.

A ship can only be registered in one of the ship registers.

The registration of a ship in the State Ship Register, the Russian International Register of Ships or the ship's book, the right of ownership and other real rights to the ship, as well as restrictions (encumbrances) of rights to it, is the only evidence of the existence of a registered right, which can only be challenged in court.

All ships subject to technical supervision by the Russian Maritime Register of Shipping are subject to entry into the State Ship Register: self-propelled ships with a main engine with a capacity of at least 55 kW and non-self-propelled ships with a capacity of at least 80 tons. The registration of these ships is carried out by the Harbor Master.

Information about the registered vessels of the fishing fleet and the rights to them is quarterly submitted by the captain of the seaport to the federal executive body in the field of fisheries.

Sports and pleasure vessels, as well as other vessels that are not subject to the conditions of registration in the State Register of Ships, are registered in the ship's books. Registration of these ships is carried out by the bodies of technical supervision of such ships.

The Russian International Register of Ships registers ships that are used for the international transportation of goods, passengers and their luggage, as well as for the provision of other services related to the implementation of these transportations. The use of ships for the international transport of goods, passengers and their luggage also includes the leasing of ships for the provision of such services.

Registration of ships in the Russian International Register of Ships is carried out by seaport captains, the list of which is approved by the Government of the Russian Federation.

Registration of a vessel in the Russian International Register of Ships is subject to annual confirmation.

Registration of ships owned by the Russian Federation, owned by the constituent entities of the Russian Federation or operated by them and used only for governmental non-commercial service, with the exception of warships, military auxiliary ships and border ships, is carried out in the State Ship Register or ship book.

Vessels that are accessories of any vessel (boats, lighters transported on board a lighter carrier, small fishing vessels transported on board a floating base - motorboats, etc.) are not subject to entry into the register of ships. A ship that is entered in the register or ship book must have a name assigned by the owner of the ship. The name of the ship must be distinct from the names of other registered ships.

The name of the vessel is applied on the bow on both sides and on the stern of the vessel. A new name may be affixed to a vessel only after an appropriate change has been made in the State Register of Ships or the Ship's Book.

The port of registry of the vessel is the place of its registration. The ship's home port is indicated at the stern under the name of the ship.

A vessel equipped with means of communication is assigned an international call sign. Depending on the technical equipment of the ship, it is also assigned the identification number of the ship's satellite communications station and the number of the selective call of the ship's station.

The formation and assignment of an international identification call sign is carried out at the place of registration of the vessel by the enterprise of the Radio Frequency Center, which is part of the system of the Radio Frequency Service of the Russian Federation. Registration in the INMARSAT mobile satellite communication system of INMARSAT subscriber earth stations (including the assignment of identification numbers) owned by Russian legal entities and individuals, as well as the assignment of a selective call number to a ship station, is carried out by the Federal Unitary State Enterprise Morsviazsputnik.

When the ownership of a ship is transferred, appropriate changes are made to the State Ship Register or the ship's book.

Information about the obligations with which the ship is encumbered (transfer to trust management, pledge, mortgage, debt obligations) is entered into the register.

Ship registers are open to any person interested in obtaining the information contained in them. The interested person has the right to receive a duly executed extract from the ship's register for a fee.

A ship registered in the register of a foreign state may be registered in the State Register of Ships or the ship's book only after being excluded from the register of this state and providing a certificate certifying that the ship is excluded or will be immediately excluded from the register at the time of the new registration.

The registration of a Russian ship in the ship register of a foreign state is not legally valid unless the ship is excluded in the prescribed manner from the State ship register or ship book.

The initial registration of a built vessel must be carried out within one month from the date of its launching, and a vessel acquired outside the Russian Federation - within one month from the date of its arrival at the seaport of the Russian Federation.

Vessels entered in one of the registers of ships of the Russian Federation shall be entitled to sail under the State Flag of the Russian Federation.

The entry of a ship into the register of ships of the Russian Federation is certified by the issuance of a certificate for the right to sail under the State Flag of the Russian Federation. After receiving the certificate, the state flag of the Russian Federation is hoisted on the vessel.

Vessel. purchased abroad, enjoys the right to sail under the State flag of the Russian Federation from the moment the consul of the Russian Federation issues a temporary certificate.

When a ship is provided for use and possession by a foreign charterer under a bareboat charter, such a ship may be temporarily transferred under the flag of a foreign state in the manner and under the conditions stipulated by the RF MLC.

The nationality of a vessel is its state affiliation, indicating which state the ship is subordinate to and the laws of which state apply to it.

In accordance with the 1982 UN Convention on the Law of the Sea, ships have the nationality of the state whose flag they are entitled to fly. Each state determines the conditions for granting its nationality to ships, the registration of ships in its territory and the right to fly its flag.

The Convention establishes that a ship must fly the flag of only one state and, except in exceptional cases expressly provided for in international treaties or in the Convention, submit to its exclusive jurisdiction on the high seas. A ship may not change her flag while sailing or when she is in port, except in the event of a valid transfer of ownership or change of registration. A ship flying the flags of two or more states, using them at its own discretion, cannot claim recognition of any of the respective nationalities by other states and may be equated with ships without a nationality.

The Convention provides for the obligations of the flag state for the registration of ships and the implementation of real communication: the obligation of each state to exercise its jurisdiction and control over ships flying its flag in administrative, technical and social matters (jurisdiction is the exclusive right to prosecute, resolve legal issues, etc. .).

Each State, in relation to ships flying its flag, is obliged to take the necessary measures to ensure safety at sea, in particular with regard to the construction, equipment and seaworthiness of ships, manning, working conditions and training of ship crews, use of signals, communication and collision avoidance. The flag is the determining factor in many legal relationships entered into by the owner, shipowner and captain of the ship. Information about the ship's flag also appears in contractual relations, in particular in a charter agreement. The third party with whom the captain enters into an agreement must be confident in the authority of the captain to enter into an agreement within the limits determined by the law of the flag. All contracts concluded on board the ship are considered as concluded in the flag country.

In the event of a collision or any other navigational incident on the high seas, no criminal or disciplinary action against the master or any other person serving on the ship may be brought except by the judicial or administrative authorities of the flag State or of the State of which he is a national. face is. Neither the arrest nor the detention of a ship on the high seas, other than in specific cases specified in international law, can be carried out even as a measure of investigation by order of any authority other than the flag state.

A ship registered in one of the registers of ships of the Russian Federation may be temporarily transferred to the flag of a foreign state on the basis of a decision of the federal executive authority in the field of transport or in the field of fisheries, taking into account the opinion of the all-Russian trade union of workers in the relevant industry with the suspension of the right to sail under the State flag of the Russian Federation. Federation. A ship may be transferred under the flag of a foreign state for a period not exceeding two years, with the right to subsequently renew it every two years, but if it is transferred under a bareboat charter, then not more than the duration of the bareboat charter. For the purposes of re-flagging, the duration of a bareboat charter may not be less than one year.

International conventions, the Merchant Shipping Code of the Russian Federation and regulations issued in their development contain a number of requirements obliging a ship to have certain ship documents of great legal significance. The possibility of the ship going on a voyage depends on the availability of proper ship documents on the ship. According to the data specified in the ship's documents, the amount of dues collected from the ship is calculated. Only if the necessary documents are available, the sale - purchase of the vessel and recognition of the legality of the transaction is possible.

Ship documents, and especially the journals kept on board, are of great evidentiary value in judicial, administrative and departmental proceedings related to navigation incidents and disputes.

When checking the ship for compliance with the safety requirements of navigation, it is considered not to meet these requirements if the ship's documents provided for by international conventions are missing or their validity period has expired.

Documents defining the legal status of the vessel

Certificate of the right to sail under the State flag of the Russian Federation. Issued by the body that registers the vessel.

Certificate of ownership of the vessel (unlimited). Issued simultaneously with the certificate of ownership of the vessel. Serves as exceptional proof of ownership of the vessel. Issued to ships with a gross tonnage of more than 20 tons, entered in the ship's register.

Documents certifying the condition of the vessel and its suitability for operation:

- Certificate of fitness for sailing. Issued by the Russian Maritime Register of Shipping or a foreign classification society recognized by it for a period of five years with annual confirmation within three months before or after the expiration of one year from the date of its issue. It indicates in which areas the ship can navigate. It is one of the most important proofs of the ship's seaworthiness.
- Measuring certificate. Issued by the Register Inspectorate. Contains information about the net and gross tonnage of the vessel, the dimensions of the vessel and its individual premises. According to the measuring certificate, ship and pilotage dues are charged, the possibility of a vessel passing through locks and channels is determined.

Vessels are measured in accordance with the rules of the International Convention on the Measurement of Ships, 1969.

For passage through the Suez and Panama Canals, special measuring certificates are issued.

- Passenger certificate. Issued by the Register to ships carrying more than 12 passengers.
- Certificate of load line. Issued in accordance with the requirements of the International Convention on Load Lines, 1966. Issued by the Register to ships with a gross tonnage of over 150 Reg. t for a period of five years. Certifies that the load lines marked on the sides of the vessel and the minimum height of its freeboard meet the requirements for the safety of navigation.
- Oil Pollution Prevention Certificate,
- Certificate of prevention of pollution by sewage.
- Garbage Pollution Prevention Certificate -

issued by bodies of technical supervision and classification of ships.

Ship sanitary certificate of the right to sail. Issued by the bodies of sanitary and epidemiological supervision in the water transport of the Russian Federation. Contains a conclusion on the suitability of the vessel for navigation in terms of its sanitary condition.

The Sanitary Service also issues a certificate of deratization and a certificate of exemption from deratization.

- Crew list - a list of ship's crew members. Required for submission to port supervision, customs and border services.
- Certificate of minimum crew.
- License of the ship's radio station and (if the ship has a ship's radio station). The license is issued by the federal executive authority in the field of communications.

Documents reflecting the daily activities of the ship

Ship's journal. The main official document reflecting the continuous activity of the vessel in all its manifestations, as well as the objective conditions and circumstances accompanying this activity. Conducted by the captain's officers on duty under the daily supervision of the captain.

The legal significance of the logbook lies in the fact that the entries contained in it are one of the types of written evidence in the investigation of accidents and incidents related to marine pollution, in the consideration of litigation and arbitration disputes related to damage or shortage of cargo, in the evaluation of salvage actions. and in other cases.

The logbook shall be kept on board the ship for two years from the date of the last entry in it. Upon the expiration of the specified period, the ship's log shall be deposited with the body in which the ship is registered.

The ship's log is provided for review and making copies of it to persons entitled to receive relevant information.

In the event of a ship being sold outside the Russian Federation, the ship's logbook shall be provided for familiarization and making copies of it to persons entitled to receive relevant information for the period preceding the sale of the ship.

Engine log (for power-driven ships). Conducted by the watch mechanic under the direct supervision of the chief (senior) mechanic. It reflects the operation of the main engine and other ship's mechanisms, the time of receipt and execution of orders from the bridge about speed, main engine reverses, water supply for various purposes, ballast reception and pumping, fuel and lubricant consumption.

In accordance with Russian law, neither a bareboat charter agreement nor a management agreement in respect of a sea vessel requires state registration. Consequently, a charterer under a bareboat charter agreement and a manager can become subjects of the ISM Code from the moment this agreement enters into force and cease to be such from the moment the agreement is terminated.

Thus, two loan agreements were concluded between the company AS "Akciju komercbanka "Baltikums" (hereinafter - the Bank) and the company "Rostman Ltd". As one of the means of securing the fulfillment of obligations, the company "Larson Shipping Limited" pledged the marine vessel "YAMBURG" (flag - Georgia, port of registry - Batumi), which was formalized by an agreement on obligations.

The pledge of the vessel is registered in the Georgian State Ship Register, the corresponding entry is contained in the certificate of ownership of the sea vessel.

The loan agreements provide that all disputes, disagreements or claims arising from these agreements and related to changes in agreements, their violation, termination, legality, validity or interpretation, will be resolved in the Arbitration Court of the Association of Commercial Banks of Latvia in Riga in accordance with the statute, the regulations and rules on expenses of this arbitration court.

In turn, the agreements on obligations establish that each dispute related to these agreements is resolved at the discretion of the creditor (the Bank) in the specified arbitration court, or in other courts of Riga, or in the courts of any country in which the ship may from time to time be, provided that these courts have jurisdiction to hear and decide each such suit or proceeding.

The bank, based on the maritime claim arising from the pledge of the vessel, applied to the arbitration court with an application for interim measures in the form of arrest of the vessel.

It should be noted that this vessel has already been arrested twice by a court of general jurisdiction and an arbitration court in other cases and maritime claims and with the participation of other persons (for the recovery of wages and debts for bunkering (fuel supply) of the vessel, respectively).

When considering this case, the following questions arose before the courts: is the arbitration court competent in relation to this dispute? And is it also possible to arrest a vessel if it has already been arrested on another case and grounds?

The arrest of a sea vessel is a special form of securing a claim, regulated by Ch. XXIII of the Merchant Shipping Code of the Russian Federation (hereinafter referred to as the RF CTM), Ch. 8 of the Arbitration Procedure Code of the Russian Federation, as well as the provisions of the International Convention on the Unification of Certain Rules Concerning the Arrest of Sea Vessels, concluded in Brussels on May 10, 1952 (hereinafter referred to as the Brussels Convention).

In the present case, the disputed vessel was under the flag of Georgia. This state does not participate in the Brussels Convention. However, the Presidium of the Supreme Arbitration Court of the Russian Federation pointed out that when deciding on the arrest of a ship, one should be guided by the Brussels Convention, despite the fact that the ship sails under the flag of Georgia, which is not a party to such a Convention (clause 2, article 8 of the Brussels Convention).

You should also pay attention to the explanations of the highest judicial instances regarding the pledge of a sea vessel. These clarifications are contained in the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 13.08.2004 N 81 "Review of the Practice of Application by Arbitration Courts of the Code of Merchant Shipping of the Russian Federation" (hereinafter referred to as the Information Letter N 81) and in the Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.11.2003 N 18 "On cognizance of cases arising from maritime claims".

As follows from paragraph 1 of Art. 388 of the CTM RF, the arrest of a ship is any detention or restriction in the movement of a ship while it is within the jurisdiction of the Russian Federation, carried out on the basis of a court order, arbitration court or an arbitration court authorized by law to impose an arrest on maritime affairs to secure a maritime claim, with the exception of detention vessel carried out to enforce the decision of a court, arbitration court or arbitral tribunal that has entered into legal force.

A similar definition of arrest is contained in the Brussels Convention, in accordance with paragraph 2 of Art. 1 of which "arrest" means the detention of a ship carried out in the course of judicial proceedings to secure a maritime claim, but does not include the detention of a ship for the enforcement of a judgment.

Accordingly, if the application for the arrest of the vessel is not based on a maritime claim, then this application will be denied.

At the same time, as noted by the Presidium of the Supreme Arbitration Court of the Russian Federation in paragraph 16 of Information Letter No. 81, the arrest of a sea vessel in the sense of the rules of the MCC RF is a special interim measure regulated not only by the MCC RF, but also Ch. 8 APC RF.

Therefore, when submitting a claim for the arrest of the ship, the applicant must prove that failure to take this measure may make it difficult or impossible to enforce the judicial act, as well as lead to significant losses.

In addition, the applicant must provide counter security under the rules of Art. 94 of the Arbitration Procedure Code of the Russian Federation, that is, by depositing funds into the deposit account of the court in the amount proposed by the court, or by providing a bank guarantee, guarantee or other financial security for the same amount.

With regard to the arrest of a sea vessel, judicial practice classifies as acceptable methods of "other financial security" a guarantee of compensation for losses if it is issued by one of the largest insurance organizations (mutual insurance clubs) that insure the liability of shipowners (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated 06/30/2009).

Also in judicial practice, there are the following conditions for satisfying an application for the arrest of a vessel (along with compliance with the requirements of part 2 of article 90 of the Arbitration Procedure Code of the Russian Federation):

- providing evidence of "proportionality and adequacy of the declared property claims to the possible negative consequences of the application of interim measures" (Resolutions of the FAS of the Far Eastern District of November 10, 2010, FAS of the North-Western District of November 27, 2008);
- providing evidence of "the proportionality and adequacy of the declared property claims to the possible negative consequences of the non-application of preliminary interim measures" (Resolutions of the Federal Antimonopoly Service of the North-Western District of November 27, 2008);
- substantiation of the relationship between a specific method of security in the form of arrest of a sea vessel and claims, which should be direct and immediate (Resolution of the Ninth Arbitration Court of Appeal dated 12/29/2008).

As for the jurisdiction to resolve disputes about the arrest of a ship, the practice of both arbitration courts and courts of general jurisdiction proceeds from the fact that such a dispute is considered by the court at the location of the ship. As a rule, this is the location of the seaport at which the ship called (see, for example, paragraph 18 of Information Letter No. 81). This is directly indicated by the Plenum of the Armed Forces of the Russian Federation. According to par. 4 paragraph 2 of its Decree of November 20, 2003 N 18 "On the jurisdiction of cases arising from maritime claims", the location of the vessel should be understood as its location in the sea trade, fishing and specialized ports located in the Russian Federation. At the same time, as noted by the courts of general jurisdiction, there is no other procedure for determining the territorial jurisdiction of cases arising from maritime claims (Decree of the Presidium of the St. Petersburg City Court of July 21, Determination of the Primorsky Regional Court of May 25, 2010).

The foregoing complies with the norms of the Brussels Convention, since in accordance with Part 2 of Art. 6 of this Convention, all procedural issues arising in connection with the arrest are governed by the law of the state in which the arrest was made or the application for arrest was made.

The court of first instance, in its ruling, left the application for interim measures unsatisfied, which was upheld by the courts of appeal and cassation.

The courts proceeded from the fact that the ship had already been arrested twice, and in accordance with paragraph 1 of Art. 392 of the CTM RF, as a general rule, if an arrest has already been made to secure a maritime claim, then such a ship cannot be arrested again.

The Supreme Arbitration Court of the Russian Federation, in the Ruling adopted in this case, came to the conclusion that it is necessary to review, in the order of supervision, judicial acts of lower instances "in order to determine a uniform approach to the issue of applying interim measures in the form of seizure of property in the presence of previously taken interim measures in the form of seizure of property upon another request for the same object."

The panel of judges of the Supreme Arbitration Court of the Russian Federation came to the conclusion that the court was competent to seize the disputed vessel. Regarding the argument that this ship was previously arrested, therefore subsequent arrest is impossible, in its Ruling of the Supreme Arbitration Court of the Russian Federation stated the following: Art. 392 KTM allows the arrest of a ship, even if this ship has already been arrested, provided that these arrests were imposed on different grounds (marine requirements).

Please note that the Determination of the Supreme Arbitration Court of the Russian Federation is a procedural act and does not contain the legal position of the Supreme Arbitration Court of the Russian Federation, since it does not resolve the dispute on the merits.

However, in this case, the Presidium of the Supreme Arbitration Court of the Russian Federation generally supported the conclusions reached by the panel of judges of the Supreme Arbitration Court of the Russian Federation.

The Presidium of the Supreme Arbitration Court of the Russian Federation adheres to the following position:

The Presidium of the Supreme Arbitration Court of the Russian Federation canceled the judicial acts of the lower instances and sent the case for a new trial. At the same time, the highest judicial instance formulated the following legal position.

If there is a maritime claim, the arbitration court in whose jurisdiction the ship is located is entitled to arrest this ship, assessing the application of the party in terms of the existence of procedural grounds for the application of interim measures - ensuring the actual execution of a future judgment or maintaining the status quo, including in order to prevent causing significant damage to the applicant.

The arrest of a ship is possible even if the ship is under the flag of a foreign state and belongs to a foreign organization.

Also, the arrest of the ship is possible even when the ship has already been arrested, but on a different maritime requirement. That is, the arbitration court has the right to apply interim measures in the form of arrest of a sea vessel in the presence of previously taken interim measures in the form of arrest of the same vessel at the request of other persons and on other grounds.

The Presidium of the Supreme Arbitration Court of the Russian Federation pointed out that the interpretation of legal norms contained in the Resolution under consideration is mandatory and is subject to application when considering similar cases by arbitration courts.

We inform you that based on clause 5.1 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 12, 2007 N 17 "On the application of the Arbitration Procedure Code of the Russian Federation when reviewing judicial acts that have entered into force due to newly discovered circumstances" and clause 1 of the operative part of the Decree of the Constitutional Court of the Russian Federation dated 01/21/2010 N 1-P, the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation under consideration is not a basis for reviewing cases due to newly discovered circumstances, since it does not contain a direct indication that the legal positions set forth in it are retroactive.