The arrest of a seagoing ship, as a measure to ensure the claim doesn’t imply its removal and transfer to custody

During the seizure of the vessel by the executive production could deal with the question of the need to transfer the ship for safekeeping. According to some bailiffs, based on the provisions h. 4-6 Art. 80 of the law on enforcement proceedings, during the arrest arrested ship must be transferred to the custody of one of the parties to the enforcement proceedings or a third person (guardian). It’s difficult to accept this approach because arrest taken as a (provisional) interim measure, not as a means of debt collection is aimed at ensuring the ship's location in a particular port, its travel ban in order to fulfill the future judgment and can not be the basis for the transfer the vessel to anyone because the basis for such transfer may only be a judicial act. Thus, if in the executive document by the court indicated exclusively for the arrest of the vessel, the bailiff executor must arrest the vessel to ensure its location in the port of arrest, applying further, if necessary, limit use. Withdrawal and transfer vessel for safekeeping is possible only if it is specified in the executive document or arrest is used as a measure for the implementation of the executive document for the recovery of funds.

Managing Partner Kirill Maslov

Law Office of St. Petersburg "Inmarin" 2016