Brylyov O. Arrest of vessels on security of maritime claims (civil aspects).

The author examines methods of security of maritime claims and gives their classification. It should be noted that the system of security of maritime claims includes the methods non-existing in the system of enforceability. Methods of security of maritime claims include: a) bank and any other guarantees; b) maritime mortgage and «hypotheque»; c) detention of vessel and cargo; d) insurance; e) bank and other deposit. The author stresses the significance of the vessel in determining the methods of security of maritime claims. Arrest of vessel is not a security of maritime claims, its purpose – to obtain due security - guarantee, deposit, etc. One can not have both the vessel and security at a time. The author believes that security of maritime claims is non-identical to security of the claim. The author gives classification and concept of arrest of vessel on security of maritime claims. The author is the first in Ukraine who analyses court proceedings concerning arrest of vessels on security of maritimeclaims and points out substantial errors. The author criticizes the fact that Ukrainian courts do not use or misuse provisions of the Merchant Shipping Code of Ukraine that govern judicial procedure of arrest of vessels on security of maritime claims."