N.G. Skachkov. Problems of Legal Methodology of Insurance of “Non-standard Vessels” (Substandard Shipping) In the International Transportations

Abstract: Evolution of concept “a non-standard vessel” occurs slowly enough. The thesis about infringement of conditions of traditional technology of shipment, arrangement of structurally not stipulated rooms, apertures in the case is forced to cooperate constantly with other distinctive attributes “substandard shipping,” the numerous engineering updatings presented, for example, altering technical properties of a vessel. The various innovative technical attributes, actually, also call for reference of similar vessels in the isolated register classifying them. Unfortunately, the considerable number “substandard shipping” is involved in transportation of oil, nocuous, dangerous substances. The international convention on approach of the responsibility and on compensation of damage in connection with sea transportation dangerous, and as nocuous substances (HNS Convention), operating in last edition from October, 20th, 2006, it is necessary to express only the proved anxiety in this plan. Whereas definition of criteria of seaworthiness of a non-standard vessel at all does not release from the sanction of diverse aspects of transboundary insurance. Thus stabilization of the sizes of insured risks hardly will occur. Though it is possible to count on an invariance of recommended franchises, or to hope for specific properties of a cargo. But the bottom rod of reinsurance of a nonstandard vessel in any case begins to support that limit, whose estimated level while is inaccessible to the insurer. The individualization of the insurer or the insurant, certainly, takes place and becomes one of probable variations of development of all insurance business, as a whole. The final specification of a vessel will necessarily specify probable restrictions in sphere of action of separate clubs P & I, to one these opposing itself to other clubs of a mutual insurance. On positions by way of formation of an insurance covering it is not necessary to be afraid of dissociation of clubs. To what policy P & I Clubs would not adhere, denying of rules of bonus payments, let alone trends of an estimation of got risk, concerns to a category of the drama decision. Objective complexities are necessary for investigating. Still it is necessary to consider as the burdening factor the legal nature of the conclusion about a physical condition of the case of a vessel where only technological innovations prevail. But such efficiency factor as amortisation deterioration, is rejected practically completely. Overcoming of a known dilemma, that, actually, is a subject to immutable insurance – integrity of structurally innovative vessel or its problem part – it is represented while very remote problem. Clubs P & I will choose, probably, the first variant as returning means under the insurance category in that case becomes simpler, and the bonus rate of this or that club correctly reveals a noncommercial component правоотношений. Far not everyone P & I association will really dare to act as the insurer of a becoming outdated vessel. It is necessary then cardinally to forget about returning insurance gathering. But also the aspiration to the novelty denying any beginnings, is unimportant, whether legal, or especially technological, will be poorly welcomed among followers of an insurance pool, participants of the big corporate game on considerable dividends. It is unable even basically to render essential influence on cost of reinsurance. Who, is asked, interested in the rate of the premium making as a whole zero: one, two percent a maximum? In this plan, exarticulation of a non-standard vessel in an independent qualifying subsystem can in what – to a measure to help, if the operator of a distance of movement will refrain from practice of the independent statement of rates of the insurance extra charge to the tariff under the freight.

Keywords: