Murzenko M. Arrest of a ship as a legal remedy of ensuring maritime claims (procedural aspects)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101233

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

25-04-2021

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

The dissertation is devoted to the legal relations arising in the process of arrest a seagoing ship to secure maritime claims in civil proceedings and releasing it from arrest. The development of the institution of arrest of a sea ship in the historical and legal aspect from ancient Rome to the present is studied. Taking into account the study, the classification of types of arrest of seagoing ships is proposed depending on various criteria. The place of the institute of arrest of a sea ship to provide sea claims in the legal system of Ukraine is analyzed and determined. The own definition of the concept of arrest of a sea ship for providing maritime claims is formulated. The study analyzed the current Ukrainian legislation governing the procedural aspects of arrest of a seagoing ship, providing general security for such a statement, release of the ship from arrest due to the provision of other types of security or in case of arrest on other grounds. As a result of the study, proposals were formulated to improve the legislative regulation of the institution of arrest of a ship in Ukraine by making appropriate amendments to the Code of Merchant Shipping and the Code of Civil Procedure of Ukraine. The legal regulation of the arrest of a seagoing ship in different countries is studied.

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