SECTION XI. Claims and Actions.
Chapter 3. Claim Prescription (Team).
Clause 388. Term of Prescription on Claims Regarding Contract of Carriage by Sea.
One year prescription shall apply to claims (demands) arising out of a contract of a carriage by sea irrespective of whether said carriage was performed in coastal or international trade.
Said prescription term shall be counted as follows:
- for claims relative to reimbursing losses from the loss of cargo - within thirty days from the day when said cargo should have been delivered and, with the carriage in a mixed mode - within four months from the day of receiving said cargo for carriage;
- for claims relative to reimbursing losses from the shortage or spoilage of cargo, delay in carriage or delay in delivery of the baggage as well as from recovery of the sum paid for carriage in excess or reimbursement of the additional sum due for carriage - from the day of cargo delivery and, if said cargo has not been delivered - from the day when it should have been delivered;
- for claims regarding the shortage of gomogenous mass cargoes carried in bulk in cases mentioned in the agreement of the parties - from the day of signing a yearly inventory statement thereby;
- for claims regarding reimbursement of losses for non-delivery or late delivery of the vessel, payment for the vessel's delay as well as bonuses for loading or unloading the cargo ahead of time - from the last day of the month following the month when said carriage commenced or should have commenced;
- in all other cases - from the day of an incident that has become the grounds for declaring said claim.
Clause 389. Prescription Term for other Claims.
Two years' prescription shall apply to claims (demands) arising out of the contract for carrying cargoes, passengers and baggage, freighting the vessel on the basis of a bareboat charter, chartering for a definite period, leasing the vessel, towage, rendering pilot's services, marine insurance as well as agreements concluded by the Master of the vessel by virtue of his office, and, besides, of collision of Vessels or salvage operations.
The term of prescription shall be counted as follows:
- for the demands arising out of the contract for carriage of passengers and baggage, in the part relative to a passenger - from the day when said passenger left or should have left the vessel and, if said claim is made in connection with inflicting, during the voyage, an injury to the passenger's health that resulted in his death - since the day of said passenger's death but not later than three years since said passenger left the vessel and, relative to the baggage - since the day when it was delivered or should have been delivered;
- for claims arising out of bareboat chartering, chartering the vessel for a definite period, leasing the vessel, towage, rendering the pilot's services, marine insurance as well as the agreements concluded by the Master by virtue of his office (Clauses 58, 68, 69 of this Code) - since the day when the right for a claim has originated;
- for claims connected with reimbursing losses incurred by collision of vessels - since the day of collision;
- for claims arising out of salvage operations - since the day of terminating said salvage.
For regression claims stipulated by Clause 302 of this Code, a year's claim prescription term shall apply, it being counted since the day of paying a corresponding sum.
Clause 390. Prescription Term for Claims Regarding Losses from Pollution and Nuclear Damage.
Three years' prescription term shall apply to claims concerned with reimbursing losses from environment pollution and nuclear damage.
The term indicated in the first part of this Clause shall be counted since the day when the victim came to know or should have come to know of the losses inflicted to him, but not later than six years since the day of the incident that caused the pollution, and not later than fifteen years since the day of the incident that caused a nuclear damage. If, in compliance with the Law of the state that issued a permit for operation of said vessel, said vessel operator's liability is insured or otherwise secured financially for the term exceeding 15 years, a claim for reimbursing said losses shall be satisfied on expiration of the term for which the liability was actually secured.
Clause 391. General Prescription Terms.
General prescription terms established by the Civil Law of Ukraine shall apply to claims for which this Code does not provide prescriptions, unless other prescription terms regarding said claims are not provided for by the international agreements to which Ukraine is a party.
Clause 392. Interruption of Prescription Term.
If the determination of the amount of the claim depends on a general average calculation, the prescription term shall be suspended since the day when the general average adjuster issued the general average statement till the day when the party concerned received said statement.
Clause 393. Prolongation of Prescription Term.
The prescription terms established for claims provided for by this Code shall be prolonged to three years in those cases when the vessel to which said claims refer could not be reached in the waters of Ukraine within a prescription term.