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

SECTION IX. Marine Casualties and Emergencies.

Chapter 5. Indemnity for Nuclear Damage.

Clause 313. Definition of Nuclear Damage.

The operator of the nuclear powered vessel shall be liable for a nuclear damage inflicted as a result of a nuclear incident with the nuclear vessel excluding the cases mentioned in the first part of Clause 317 of this Code.

A nuclear damage means losses caused to a person or property by radioactive properties or a combination of radioactive properties with toxic, explosive or other dangerous properties of nuclear fuel, radioactive products of said vessel or their wastes as well as expenses made for preventing said damage or reducing its extent.

If, along with nuclear damage, another damage has been inflicted and said damage may be separated from nuclear damage, all inflicted damage shall be considered as nuclear damage. The damage suffered by the nuclear vessel herself, her equipment, fuel and food stores shall not be considered a nuclear damage.

The nuclear incident shall be an emergency or a series of emergencies having a common cause and inflicting the losses that are subject to the second and third parts of this Clause.

Clause 314. Application of Law at Nuclear Damage.

The rules of this Chapter shall apply to nuclear damage inflicted by the vessel with nuclear power plant (hereinafter called "a nuclear vessel" at the territory of Ukraine, including the territorial sea, as well as to nuclear damage inflicted by the nuclear vessel flying the State Flag of Ukraine within the exclusive sea economic zone of Ukraine.

Clause 315. Liability of Nuclear Vessel Operator.

The operator of the nuclear vessel shall bear an exclusive liability for inflicting nuclear damage, except the cases indicated in Clause 321 of this Code. The operator of the nuclear vessel shall be a legal or physical person (entity) that has been authorized by the flag state to operate said vessel or the state directly operating said vessel.

Clause 316. Exemption from Liability.

The nuclear vessel operator shall undertake to reimburse a nuclear damage unless he proves it to be a result of military actions, unfriendly acts, civil commotions or natural calamities (Acts of God).

If said operator proves that said damage was caused completely or partially by the victim's fault, the operator shall be exempted, completely or partially, from the liability to said victim.

Clause 317. Regression Claim.

The operator of the nuclear vessel who has reimbursed the nuclear damage shall have the right to bring a regression claim:

  1. to the person who has inflicted said damage;
  2. to the person who undertook salving (raising) of sunk nuclear vessel without a consent of the operator or the state whose flag the vessel was flying, if said damage resulted from the faulty actions of said person.

The regression claim may be brought also against the person who assumed a duty to reimburse the nuclear damage following his agreement with said operator. In the instances stipulated by this Clause, the regression claim may be also brought by the person who has reimbursed nuclear damage to the victims thereof in accordance with Clause 323 of this Code.

Clause 318. Liability Limitation.

A liability of the nuclear vessel operator related to a nuclear damage resulting from one nuclear incident including said vessel shall be limited by 99.75 million payment units (of the International Monetary Fund) including court charges.

If, as a result of nuclear incident, the claims of reimbursement of damage inflicted both to a person and property are brought, out of the sum mentioned in the first part of this Clause in the amount of 69,825 million payment units shall be paid to said persons, while the other part of the sum in the amount of 29,925 million shall be paid on claims regarding the property. If said first part of the sum is insufficient for satisfying damage claims concerning said persons, the balance shall be paid in proportion out of the second part of the sum, concurrently with claims concerning said property.

The sums intended for satisfying said claims shall be distributed among the plaintiffs in proportion to the proven amounts of their claims.

Clause 319. Joint and Several Liability.

Several operators of nuclear vessels who have jointly inflicted a nuclear damage shall bear joint and several liability. However, the liability of that operator to whom the claim on reimbursing said nuclear damage in full volume has been brought, shall not exceed the limit set in the first part of Clause 318 of this Code.

The nuclear vessel operator who has reimbursed said damage in accordance with the first part of this Clause shall have the right to receive due reimbursement from the other operators in proportion to the extent of damage inflicted by each of them and, if said extent is impossible to determine, in equal shares.

Clause 320. Liability of Nuclear Vessel Owner.

In case a nuclear damage is inflicted by the nuclear vessel having at the moment of said incident, no permission for operation from the flag state, the liability shall be borne by the owner of the nuclear vessel. In such an instance the limitation of liability of the nuclear vessel operator in accordance with Clause 318 of this Code shall not apply.

Clause 321. Social Security Guaranties.

In case a nuclear incident results in damage to said operator's employer in connection with execution by the latter of his work (service) duties, the liability, in accordance with the rules of this Clause, shall be borne by said operator. He shall also pay social insurance instilments for the victim. Paying said reimbursement to the person getting due allowance or special insurance pension shall be made following a procedure established by the acting Law of Ukraine.

Clause 322. Nuclear Vessel Operator Security Certificate.

A nuclear vessel shall have an appropriate and valid certificate confirming that said vessel operator's liability is, in case of a nuclear accident, provided for in accordance with Clause 318 of this Code.

Conditions and procedure of issuance, checking and recognizing said certificate shall be established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport on the basis of Clause 3 of this Code.

Clause 323. Claim for Nuclear Damage Reimbursement.

A claim for nuclear damage reimbursement may be brought directly against the Insurer or other person/party who provided a financial security to nuclear vessel operator.

When bringing a claim for nuclear damage reimbursement against said operator, the Insurer or other person who provided a financial security thereto shall have the right to participate in court proceedings.

Clause 324. Liability Limitation Fund.

In those cases when an extent of the incurred nuclear damage exceeds the nuclear vessel operator's liability limit established by the first part of Clause 318 of this Code, a fund shall be established while the claim is considered in court, on demand of said operator, the plaintiff or the body that issued a permission for operating the nuclear vessel, in order to secure the limited liability and amounting to said limit; to this end, the operator shall deposit with the court cash (deposit) or provide other security that is recognized as acceptable and sufficient by the court.

Clause 325. Shipowners' Liability Limits.

A liability of the nuclear vessel operator for nuclear damage stipulated by this Chapter shall be subject to the second part of Clause 352 as well as Clauses 354 and 357 of this Code.