UDK: 656.61

Ekaterina Al. Silacheva - LLC “Nautilus-Insurance Consultants”

Abstract. The transition from simple sea towing to rescue is a debatable issue: whether towing will be recognized by the court/insurer/other organization as rescue or simple towing. The current paper has examined international conventions governing rescue issues and drawn parallels with Russian legislation. There has been identified the main criterion for recognizing towing as a rescue, it is the presence of danger. In the insurance process, the decision to recognize the existence of danger remains at the discretion of the insurance organization. At the same time, the position of the shipowner and rescuer often does not coincide with the opinion of the insurer, which leads to the need to resolve this issue in court.

Keywords: water transport insurance; danger; insurance case; ship rescue; special compensation for rescuers; sea towing.

References:

1. Shutenko, V. V. Morskoye strakhovaniye. Seriya: Kommercheskaya rabota na morskom transporte (teoriya i praktika) [Marine insurance. Series: Commercial work in maritime transport (theory and practice)] / V. V. Shutenko. ― Vypusk 4. — Sankt-Peterburg : Informatsionnyy tsentr «VYBOR», 2004.
2. Gutsulyak, V. N. Rossiyskoye i mezhdunarodnoye morskoye pravo (publichnoye i chastnoye) [Russian and international maritime law (public and private)] / V. N. Gutsulyak. — Moskva : Granitsa, 2017.