Бекяшев Д.К. Международно-правовые вопросы финансового обеспечения в случае абандона, телесных повреждений или смерти моряков

Аннотация: The article notes that according to IMO’s information there are more than 50 large cases of abandonment of seafarers annually. In national legislation of states which have largest the tonnage of sea-ships (including Russia), there is no definition of abandonment. In IMO’s practice this term is understood as “abandonment without help.” Abandonment without help takes place when the ship-owner does not carry out certain basic obligations to the seafarers, concerning timely repatriation and payment of not paid compensation, granting of the articles of prime necessity, appropriate food, habitation and health services, and also in those cases, when masters of ships remain without any financial means intended for operation of a vessel. Guarantee of repatriation and the maintenance of seafarers in a case of abandonment without help, and also compensation payment should be a part of the rights provided by the work agreement, and-or the rights of seamen established by the legislation. When the shipowner does not carry out the obligations, seamen should have a possibility to apply about help to the flag state and, in certain cases, to the state whose citizen is the seafarer, or to the state in whose port vessel is found. The article analyzes the Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers (Resolution А.930(22)) and the Guidelines on Shipowners’ Responsibilities in Respect of Contractual Claims for Personal Injury to or Death of Seafarers (Resolution А.931(22)). Both Guidelines were accepted by IMO Assembly at 22 Session on November 29, 2001 and came in force since January 1, 2002. In connection with acceptance of the Maritime Labour Convention, 2006 the author carries out comparative legal analysis of a balance of provisions of the Convention and Guidelines concerning abandonment of seafarers. In conclusion recommendations are given about improving the international legal regulation of this problem.

Ключевые слова:

Abstract: The article notes that according to IMO’s information there are more than 50 large cases of abandonment of seafarers annually. In national legislation of states which have largest the tonnage of sea-ships (including Russia), there is no definition of abandonment. In IMO’s practice this term is understood as “abandonment without help.” Abandonment without help takes place when the ship-owner does not carry out certain basic obligations to the seafarers, concerning timely repatriation and payment of not paid compensation, granting of the articles of prime necessity, appropriate food, habitation and health services, and also in those cases, when masters of ships remain without any financial means intended for operation of a vessel. Guarantee of repatriation and the maintenance of seafarers in a case of abandonment without help, and also compensation payment should be a part of the rights provided by the work agreement, and-or the rights of seamen established by the legislation. When the shipowner does not carry out the obligations, seamen should have a possibility to apply about help to the flag state and, in certain cases, to the state whose citizen is the seafarer, or to the state in whose port vessel is found. The article analyzes the Guidelines on Provision of Financial Security in Case of Abandonment of Seafarers (Resolution А.930(22)) and the Guidelines on Shipowners’ Responsibilities in Respect of Contractual Claims for Personal Injury to or Death of Seafarers (Resolution А.931(22)). Both Guidelines were accepted by IMO Assembly at 22 Session on November 29, 2001 and came in force since January 1, 2002. In connection with acceptance of the Maritime Labour Convention, 2006 the author carries out comparative legal analysis of a balance of provisions of the Convention and Guidelines concerning abandonment of seafarers. In conclusion recommendations are given about improving the international legal regulation of this problem.

Keywords: