Pavel Figurov made a comment for RIA PrimaMedia on the bulk-carrier “Alexander” collapse
According to the lawyer, the case on the bulk-carrier “Alexander” collapse shall be managed by Russian Embassy in South Korea.
Captain of the container vessel that gave a stem to the Russian bulk-carrier “Alexander”, may be put on a criminal trial for violating marine propulsion safety rules that caused people death. If it’s proven that the captain could have started saving people’s lives without risk for his vessel but had not done it, he can be held liable also for failure to save people in distress. This information was presented to RIA PrimaMedia by Pavel Figurov, a lawyer of the Law Company Inmar Legal Ltd.
He states that decision on where and under jurisdiction of what country the captain and shipowner would be put on trial, depends on the flag of the container vessel and citizenship of its captain. Thereat the special importance shall be paid to international agreements on criminal liability that can be applied in this case concerning all its details.
If the captain is a Korean citizen, he shall be put on trial in Korea according to the Korean law. If it is defined that the vessels clash happened due to the captain of container vessel, rather than by an accident or force majeure, the whole amount of material damages to the captain of the wrecked ship shall be recovered by the owner of the container vessel.
In order to protect himself the wrecked ship owner shall initiate an arrest procedures of the container vessel in Korean port, sue the container vessel owner and either recover material damage from the vessel owner, or demand to sell the vessel.
In that respect, considering the deaths of Russian citizens, Russian embassy and Consulate in Korea shall take this case under their supervision to hold gilty people liable and provide a thorough investigation of the incident.
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