PROBLEMS ISSUES ON THE RELEASE OF A SEA VESSEL UNDER ARREST IN THE EVENT OF A MODIFICATION OR DISCLAIMER OF MEASURES TO PROVIDE A CLAIM IN A CIVIL ORDER

Abstract

The article is devoted to the study of the peculiarities and problems of the release of a seagoing vessel in the event of the cancellation or modification of measures for securing a claim in civil proceedings.
The historical aspects of the formation of the lawsuit and the legal regulation of arrest of ships in civil lawsuit in Ukraine are analyzed, The problems of application of the rules of civil procedural legislation governing the replacement of a measure of securing a claim in the form of arrest of a ship by others, cancellation of the claim, formulated conclusions and recommendations for improvement of procedural law, and the practical application of the rules governing securing a claim by arresting a ship.
With the amendments to the Civil Procedure Code of Ukraine, it was supplemented by the rules on counterclaim in the event of the court taking measures to secure a claim on the claimant’s claim in the case. The issue of securing a claim by way of arrest of a ship was also settled in more detail.
However, the issue of the release of a seagoing ship from arrest has been left out of the legislature’s attention and, accordingly, is being carried out in a general manner.
At the same time, unlike the rulings on the taking of measures of the claim of the subject which are subject to immediate execution, the rulings on change or canceling of the measures of the lawsuit come into force only after the expiry of their appeal period, which causes, even in the absence of objections of all interested persons, idle time vessels within 15 days from the date of the ruling.
It is necessary to identify and take into account the peculiarities of the release of a seagoing vessel from arrest, imposed in order to secure a claim under the rules of civil procedure, and reflect them in the relevant procedural legislation.