SECTION IX. Marine Casualties and Emergencies.
Chapter 7. Sea Protests.
Clause 341. Statement of Sea Protest.
In case during the voyage, the vessel's anchorage or berthing an incident took place that may be grounds for bringing property claims to the Shipowner, the Master shall undertake, in order to provide an evidence for protecting the rights and lawful interests of the Shipowner, to state a sea protest following the established procedure.
A statement of sea protest shall have to contain a description of the circumstances of the incident and of actions taken by the Master to ensure the safety of the property entrusted to him.
Clause 342. Bodies Receiving Sea Protest.
A sea protest shall be lodged:
- in the Ukrainian port - with a notary or other official entrusted, in accordance with the Law of Ukraine, with a performance of notary acts;
- in a foreign port - with the Consul of Ukraine or with competent officials of the foreign state, following a procedure established by the Law of said state.
Clause 343. Term of Lodging Sea Protest.
In a port of Ukraine a statement of sea protest shall be made within twenty four hours from the moment of registering the vessel's entry in said port. If the incident that caused a necessity to lodge the sea protest has taken place in the port, the protest shall have to be lodged within twenty four hours from the moment of said incident.
Clause 344. Delayed Lodging of Sea Protest.
If a sea protest cannot be lodged within specified time, the causes thereof shall have to be indicated in the statement.
If there are grounds to presume that the incident that has taken place inflicted damage to cargo on board the vessel, a sea protest shall have to be made prior to opening the hatches. Unloading of the cargo prior to loading sea protest may be commenced in case of an urgent necessity only.
Clause 345. Evidences.
In confirmation of the circumstances described in the statement of a sea protest, the Master of the vessel shall have, either concurrently with the statement or not later than within seven days since the vessel's entry in the port or the moment of the incident if it took place in the port, to provide the vessel's Log-book and an extract from the Log-book certified by the Master, for examination to a notary or other official (Clause 342 of this Code).
Clause 346. Act of Sea Protest.
A notary or other official (Clause 342 of this Code) shall compile the act of a sea protest on the basis of the statement of the Master, the contents of the Logbook, of questioning the Master and, if necessary, other witnesses from members of the crew, and shall certify it with his signature and the official seal.
Clause 347. Making Act of Sea Protest by Foreign Consuls.
Acceptance of the statements of a sea protest from the Master of foreign vessels and compiling, in those cases, the acts of sea protest may be performed by the respective consular representatives of foreign states in Ukraine on the reciprocal basis.