Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION XI. Claims and Actions.

Chapter 2. Claims.

Clause 383. Declaring Claim.

Prior to bringing an action against the cargo carrier relating to the carriage of cargo by sea, it shall be necessary to declare a claim to the cargo carrier.

The claims shall be declared to the carrier who performed a cargo carriage by sea and, if said carriage has not been performed - to that carrier who, in accordance with the contract of sea carriage, had to perform said carriage.

The claims arising in connection with a carriage of baggage may be declared to the carrier or to the part of shipping or destination, on discretion of the Claimant.

Clause 384. Making Claims Referring to Mixed Modes of Carriage.

The claims arising out of the carriage of cargo by sea in a straight mixed and a straight water carriage mode shall be made to that carrier whose transport means were used or should have been used to deliver the cargo to the port of destination.

In case railway or truck station or an airport is a final point of carriage, the claim shall have to be made to the respective carrier in compliance with the rules established for a given mode of transport.

Clause 385. Form and Proof of Claim.

A claim shall be made in writing. A statement of the claim shall be supplemented with substantiating documents. The carnage documents shall be produced in writing.

A claim regarding the shortage of, damage to, or spoilage of cargo shall be supplemented, apart from the documents certifying the rights for making claim (Clause 379 of this Code) with a document certifying a value of the shipped cargo.

Clause 386. Term of Making Claims Regarding Carriage of Cargo, Passengers and Baggage.

The claims made to cargo carriers and arising out of carrying cargo, passengers and baggage may be declared, within first six months of the claim prescription term irrespective of whether the carriage was performed in coastal or international trade.

Clause 387. Term of Considering Claims Regarding Carriage of Cargo, Passengers and Baggage.

The Carrier shall undertake to consider the declared claim within three months and notify the Claimant of satisfying or declining said claim and, those regarding the carriage in a direct mixed mode, within six months.

From the day of declaring said claim to the Carrier the counting of claim prescription term shall be terminated until receiving a reply to said claim or expiration of the term established for said reply.