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

SECTION XI. Claims and Actions.

Chapter 1. General Rules.

Clause 379. Claimants.

The right to bring claims and actions shall have:

  • in case the vessel is not delivered or is delivered with a delay - the Shipper;
  • in case the cargo is lost - its Consignee or the Shipper providing the Bill of Lading is produced;
  • in case of a shortage or a damage to cargo - the Consignee or the Shipper providing the Bill of Lading and a commercial statement or other appropriate document made in conformity with the rules in force in a given foreign port are produced;
  • in case the cargo carriage or cargo delivery are delayed -the Consignee provided the Bill of Lading is produced;
  • in case the baggage is lost or its delivery delayed - the bearer of the baggage receipt and, in case of shortage of or damage to the baggage - the Bearer of the commercial statement;
  • in case the carriage charges are overrated - the Shipper or the Consignee of the cargo on producing the Bill of Lading.

When bringing claims arising out of a carriage of cargo by sea that was performed by a consignment note (a note), said note shall have to be produced instead of the Bill of Lading and, if the baggage carried by a note is lost - the receipt shall have to be produced.

The absence of the commercial statement shall not cancel the right to bring a claim or an action if it is proven that making of said statement was denied and that said denial was appealed.

Clause 380. Transfer of Right for Claim or Action.

A transfer of this right for bringing claims and actions to the other organization or persons shall not be allowed excluding the cases when said right is transferred from the Shipper to the Consignee or from the Shipper - to their higher authority, a transport-and-forwarding organization, or the Insurer.

A transfer of said right shall have to be certified by an endorsement made on the Bill of Lading, or on the note or on the receipt.

Clause 381. Commercial and Other Statements.

The circumstances that may be grounds for a property liability of the Carrier, Shipper or Consignees of cargo and passengers shall be certified by commercial statements or general statements. While in foreign port, said circumstances shall be certified in compliance with the rules existing in said port.

A commercial statement shall be made to certify:

  1. the discrepancies between the actual description, mass or quantity of cases or baggage and the data declared in the shipping document;
  2. damage to or spoilage of cargo or baggage;
  3. detection of the undocumented cargo or baggage as well as of the documents without cargo or baggage;
  4. return of the stolen cargo or baggage to the Carrier.

The form of said statements, a procedure of their compilation as well as a procedure of certifying the circumstances that do not require making statements shall be established by the regulations issued in accordance with Clause 3 of this Code.

Clause 382. Interest for Using Funds Belonging to Another Party.

When paying out the claims (demands) arising out of the relations stipulated by this Code, the sum payable shall be charged with an annual interest within the limits of average bank interest rate existing at the Creditor's location.

The interest shall be charged from the day of producing a written demand for payment of due sum to the day of payment.

The rules of this Clause shall not apply to claims for delays of vessels and for bonuses for loading vessels ahead of time, for losses incurred by non-delivery or late delivery of the vessel, non-supply or late supply of the cargo as well as for losses reimbursed following a procedure of general average distribution.

A right for preferential satisfaction shall expire in one year from the day of claim origination excluding the claims indicated in item 6 of Clause 358 of this Code, the right of their preferential satisfaction expiring in six months from the day of their origination.