of November 20, 2003 No. 18
About cognizance of the cases following from sea requirements
Due to the arising questions of cognizance of the cases following from sea requirements on salary payment and other amounts which are due to crew members of the vessel for work onboard the vessel, including expenses on repatriation and fees on social insurance and also about indemnification, the citizen caused to life or health on the land or on water in connection with operation of the vessel, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. According to item 4 of article 1 of the International convention about standardization of some rules concerning arrest of ocean ships of May 10, 1952 (further - the Convention of 1952) which the Russian Federation joined (The Federal Law of January 6, 1999 of N13-FZ), person who declares availability of the sea requirement in its advantage is understood as "person having the requirement".
In the called Convention the requirements arising in connection with damnification of life or to health of person by the vessel or in connection with its operation, in particular, belong to sea requirements (the subitem of "b" of Item 1 of Article 1), and also about collection of the salary which is due to the captain, faces of command structure or other crew members (the subitem "t" of Item 1 of Article 1).
According to article 389 of the Maritime Code of the Russian Federation (further - KTM Russian Federation) the requirement about indemnification caused to life and health of the citizen on the land or on water in direct link with operation of the vessel and also about salary payment and other amounts which are due to the ship master and other crew members of the vessel for their work onboard the vessel, including expenses on repatriation and paid on behalf of the ship master and other crew members of fees on social insurance, is the sea requirement.
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