ПРАВОВІ АСПЕКТИ ПЕРЕДАЧІ В БЕРБОУТ-ЧАРТЕР МОРСЬКИХ СУДЕН, ЩО ПЛАВАЮТЬ ПІД ПРАПОРОМ УКРАЇНИ

Abstract

Balobanov О., Palchenko А. Legal aspects of transfer to bareboat charter of seagoing vessels flying the flag of Ukraine This scientific article deals with issues related to the legal aspects of the transfer of seagoing vessels in a boat charter, flying the flag of Ukraine. Bareboat charter as a contract under which the shipowner undertakes to transfer the vessel to the charterer for a certain period of time for a specified fee (freight) for the purpose of merchant shipping, the vessel is transferred to freight without equipment and not equipped with a crew. In the international maritime business, the standard bareboat charter proforma “Berkon-89” is most often used. The proforma contract “Berkon-89” clearly regulates the mutual obligations and rights of the primary (original) shipowner and the charterer, who for the period of the contract becomes the secondary shipowner. The parties have the right to make certain changes and additions to the standard proforma of the contract independently, by mutual consent. The difference between a time charter, as a purely lease agreement, and a bareboat charter is determined. During the time charter period, the chartered vessel continues to be entered in the State Ship Register of Ukraine and, accordingly, continues to operate under the flag of Ukraine and to bear its former name. Unlike a time charter, a bareboat charter provides for the obligation of the original shipowner to transfer to the charterer a vessel in seaworthy condition, which has the necessary register documents and corresponds to the established class of the Register. During the period of bareboat charter, the obligation to maintain the vessel, its mechanisms and equipment in proper technical condition, to supply the vessel with the necessary replacement parts, to carry out the necessary repairs lies with the charterer. Irrespective of the conclusion of the sublease agreement by the charterer, the charterer is fully responsible for the proper execution of the bareboat charter before the primary shipowner. Analysis of pro forma charters when concluding chartering contracts for a seagoing vessel