Foreword

Work on this translation began in 2021 but was suspended and only resumed in late 2022 – early 2023. In the meantime, translations of the Claims Manual and two other guidelines were published on the IOPC Funds’ website in cooperation with the Oil Spill Preparedness Regional Initiative (OSPRI) and the UN Environment Programme (UNEP)¹.

At the same time, the above translation of the Claims Manual contains numerous errors and inaccuracies, both in terms of the Russian literary language and on its merits. Some phrases of the translation do not correspond to the official text of the relevant international conventions in Russian and the according provisions of the Russian Merchant Shipping Code.

For example, it seems critical that the term «судовладелец» is used in relation to the party liable under the 1992 Civil Liability Convention² (CLC 1992; see § 1.1.2 ff. of the translation). Despite the fact that the ambiguous term “shipowner” is exploited in the original text of the Manual, it is explained at the outset that the party liable under the Convention is the registered owner of the vessel. It is the registered owner of the ship that is referred to further on in the English language text of the Manual as the “shipowner”. Considering the ambiguity of the term «судовладелец» in Russian law (see Art. 8 of the Russian MSC), and taking into account the text of the CLC 1992 / Russian MSC (Articles 316–325), it seems more appropriate to use the term «собственник судна» (“registered owner”) rather than «судовладелец» (which, in the context of Russian legal terminology, can mean any entity who operates a ship in its own name, whether it is the owner of the ship or exploits the ship on some other legal basis). Otherwise, the substantially different liability regimes under the 1992 CLC and the 2001 Bunkers Convention would be confused³.

It is also important to ensure that the translation is correct and appropriate for use by Russian courts, lawyers, industry professionals and other interested parties. In this light, many of the lexical constructions used in the previously published translation are not quite adequate. Unfortunately, the according examples would only be understandable to readers who speak Russian.

It should be noted that the Claims Manual has already received a kind of recognition in the Russian legal literature. For instance, V. Mednikov recites (mostly verbatim) to a large extent the provisions of the Manual in his commentary to Art. 316 of the Russian MSC – though without any reference to the Manual itself⁴. In particular, it can be seen when comparing the text of the following paragraphs of the commentary and the Manual accordingly:

• 8 and 1.5.1;

• 9 and 3.1.1–3.1.3, 3.1.5–3.1.6, 3.1.11, 3.1.13;

• 10 and 3.1.15;

• 11 and 3.1.12;

• 12 and 3.2.1;

• 13 and 1.4.12;

• 14 and 3.1.14;

• 16 and 1.4.8–1.4.9, 3.3.1, 3.3.4, 3.4.4, 3.3.11/3.4.5;

• 17 and 3.5.1;

• 18 and 3.3.9–3.3.10⁵.

Hopefully, this translation will contribute to the widespread use of the Manual by Russian courts and legal scholars. ■

Notes