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

SECTION I. General Provisions.

Chapter 2. Jurisdiction of the Maritime Code of Ukraine.

Clause 13. Implementation of the Code Standards.

The rules of this Code shall apply to:

  • sea vessels - when they proceed by sea routes as well as by rivers, lakes, water basins and other waterways, if it is not otherwise provided by a special law or by an international treaty to which Ukraine is a party;
  • coastal vessels - when they proceed by sea routes as well as by rivers, lakes, water basins and other waterways in the process of carriage, when they call at a sea port of a foreign state in the instances provided for by Clauses 297 and 327 of this Code.

The rules of this Code, unless otherwise stipulated therein, shall not apply to vessels flying the flag of the Ukrainian Navy.

The rules of this Code shall apply to military carriage by sea in the part that is not covered by special legislation regulating such carriage.

The rules of this Code shall apply to direct mixed and direct water- borne carriage effected with a participation of sea transport in the instances directly stipulated by the Code and in the part that is not provided for by a special legislation regulating such carriage.

Clause 14. Collisional Norms.

The rules of this Code contained in the Section and Chapters listed below apply to:

  1. those contained in SECTION II "Vessel" (except Clause 40 of this Code) and in SECTION III" "Vessel's Crew" - to vessels registered in Ukraine;
  2. those contained in SECTION IV "Sea Port" - to sea and non -military ports of Ukraine;
  3. those contained in Chapter 3 "Sea Pilot Service" of SECTION IV - to the relations arising in connection with pilotage of vessels % the state sea pilots of Ukraine, within waters of these ports as well as between these ports;
  4. those contained in Chapter 6 "Property Lost at Sea" of SECTION IV - to the relations arising in connection with property lost the sea within territorial sea and inland sea waters of Ukraine;
  5. those contained in Chapter 7 "Sea Protests" of SECTION IX - in the instances when a sea protest is lodged with a notary or other authorized official;
  6. those contained in Chapter 11 "Limits of Shipowner's Liability" of SECTION X - to shipowners whose vessels fly the State flag of Ukraine. The limits of liability of shipowner and operator of nuclear powered vessel flying foreign flag shall be determined by the Law of the flag state. If these limits are below those provided for by this Code, then while considering a dispute over mutual liabilities in a court or an arbitration of Ukraine, the rules of this Code shall apply;
  7. those contained in Chapter 2 "Preferential claims" of SECTION X - in the instances when a dispute is considered in Ukraine;
  8. in SECTION XI "Claims and Actions" - in the instances when respective relations are provided for by this Code.

Relations arising out of the agreement on cargo carriage by sea, chartering a vessel for a certain period, bareboat chartering, leasing, towing, marine insurance, shall be regulated by the law of the state as agreed by the parties, and out of the agreements on sea carriage of passengers and sea cruises - by the provisions stated in the concerned passenger's ticket.

In case the parties of the dispute cannot reach a mutual consent on exercising the mles of Law, their relations shall be regulated by the legislation of the state wherein one of the parties is registered, has a permanent business address, this party being:

a) Carrier - in agreements/ contracts of sea carriage and sea cruise;

b) Shipowner - in agreements of chartering a vessel for a certain period and bareboat chartering;

c) Lessor - in leasing agreements;

d) Owner of the vessel effecting towage - in towage agreements;

e) Insurer - in marine insurance agreements.

Parties are free to depart from the regulations of this Code in the part pertaining to a given agreement, if it is not otherwise provided for by these regulations.