This is an abstract Resolution of the Supreme Court of the Russian Federation of an explanatory nature. It dealt with the issue of the Russian courts' jurisdiction concerning claims for wages and other mandatory sums payable to vessels' master and other crew members, including obligatory social insurance contributions and damages caused to the master and crew on land or sea in connection with the vessel’s operation. This Resolution consists of two paragraphs.

The first para is general. The Supreme Court states that under art 1.4 of the Arrest Convention 1952, a person ‘having a claim’ is someone who argues that they have the maritime claim in their favour. The list of maritime claims includes claims for loss of life or personal injury caused by any ship or occurring in connection with its operation (art 1.1.b of the Arrest Convention 1952) and wages of masters, officers, or crew (art 1.1.m of the Arrest Convention 1952). The Converntion list of the maritime claims is included in the Merchant Shipping Code of the Russian Federation (the MSC RF), in turn, art 1.1.m consists of claims for wages and other sums due to the master, officers, and other members of the ship's complement in respect of their employment on the ship, including costs of repatriation and social insurance contributions payable on their behalf. Under these maritime claims, the vessel may be arrested in the country of its location (art 1.2 of the Arrest Convention 1952; art 388 of the MSC RF). The vessel is arrested by way of its detention ordered in judicial proceedings.

The second para deals with the jurisdiction of the Russian courts over maritime claims secured by ship arrest. Under art 7.1 of the Arrest Convention 1952, the courts of the country where the vessel has been arrested have the competence to consider the dispute if the law of this country gives the courts such competence. Articles 402.3.2 and 402.3.4 of the Civil Procedure Code of the Russian Federation (the CPC RF) give the Russian courts the competence to consider disputes involving foreign persons if:

• a defendant has property in Russia,
• a claim is brought for damages caused by personal injury or loss of the wage-earner's life resulting in the loss of dependency, which occurred in Russia, or if the domicile of the injured or deceased is Russia.

Taking into account the mentioned provisions of the Arrest Convention 1952 and the MSC RF, not only are the Russian courts competent to consider these disputes under the general procedural rules, but also the courts at the vessel’s location. It is established that the vessel’s location relates to the commercial ports, fishing, or other specialised ports in Russia.