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ВІДПОВІДАЛЬНІСТЬ СУДНОВЛАСНИКА ЗА ШКОДУ, ЗАПОДІЯНУ ЖИТТЮ ТА ЗДОРОВ'Ю МОРЯКА

Authors :
І., Данилова
О., Кузніченко
В., Рибальченко
Source :
Uzhhorod National University Herald Series Law; 2024, Vol. 82 Issue 3, p202-206, 5p
Publication Year :
2024

Abstract

More and more often, food issues arise due to concerns about the reduction of compensation for the time spent by the seafarer during the voyage on the ship. An important aspect of the possibility of obtaining compensation for damages to a healthy seafarer is the presence of obligatory contortions - the contingency may arise in connection with the compulsory medical conditions on the ship, and one of the compulsory documents for compulsory medical clearance, codes as a result of the time-consuming or repeated inconvenience Apparently, the Medical-Social Expert Commission, in which it was determined that Skoda was healthy on the ship at the hour when the sailor finished his obligations. In such a situation, the ship's owner carried a financial burden of expenses, which resulted from a connection with painful celebrations, trival or complete unavailability. One of the important factors is the reduction of compensation in the event of the death of a seafarer or the situation if the seafarer became unavailable during the voyage. In a situation where, as a result of the loss of labor obligations on a ship, a sailor dies on a ship due to a damaged health condition, his closest relatives are entitled to financial compensation. The donation is intended to support the level of life of the members of the sailor's family, which they had before their death. Regardless of the fact that such payments are usually transferred to seafarers' employment contracts and collective agreements, the shipowner never pays them voluntarily. In such a situation, the sailor's relatives are trying to claim the right to animal husbandry until the trial. In addition, if the shipmaster was found to be guilty of an accident that caused the death of a seaman, then the seaman's relatives have the right to a reduction in compensation under the contract and under the contract in view of the seaman's earnings, which he would have had to take away, and bring moral harm. Regarding the problem of insurance of seafarers, the basic practice of insurance is that of a shipowner, but seafarers who are on a ship at the end of their work obligations are not covered by this insurance. Most often, the shipowner insures not the seaman himself, but his responsibility to the crew (P&I insurance). This means that if an injury occurs on a ship, a seafarer may seek compensation from the ship's owner, rather than from the insurance company. If the shipowner pays the same compensation to the seaman, then the insurance company will pay the shipowner the same costs. In connection with the provision of assistance to sailors who suffered harm during the voyage, and their families are often faced with this type of security such as the arrest of a ship. The arrest of a ship often leads to the beginning of the judicial process on the right, and in some cases it can lead to the arrest of the ship's master by the sailors of their families and by reaching consensus on the basis of an effective mediation tool. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
23073322
Volume :
82
Issue :
3
Database :
Complementary Index
Journal :
Uzhhorod National University Herald Series Law
Publication Type :
Academic Journal
Accession number :
177827839
Full Text :
https://doi.org/10.24144/2307-3322.2024.82.3.32