Court of appeal confirmed the unlawfulness of untimely held radiological control in the portSeptember 6, 2018 · News
|Odessa Administrative Court of Appeal agreed with the position of Legrant and re-paid attention on the apparent violation of the 30-minute term for radiological control in the port.
In January 2018 Legrants' client — one of the freight forwarders — applied to the State Ecological Inspection for radiological monitoring of the vessel.
The legislation prescribes that radiological monitoring should be carried out within 30 minutes from the moment of submission of the documents. However, the State Ecological Inspection carried out radiological monitoring only after 9 days, referring to imaginary violations of the law on the part of the terminal, that resulted in significant demurrage.
The court of first instance fully supported the position of Legrants' lawyers and declared the inaction of the State Ecological Inspection to be unlawful. The State Ecological Inspection filed an appeal, disagreeing with this decision.
Having analyzed the arguments of the parties, the Odessa Appeal Administrative Court also agreed with the position of Legrant. The court again drew attention to the apparent violation of the 30-minute radiological monitoring term.
In addition, according to the results of control, the bill of lading was stamped "Radiological control import / export permitted", that confirms the absence of violation of environmental and radiological legislation. Therefore, the arguments of the defendant concerning violations on behalf of the terminal and the associated with this situation delay in cargo's control, were declared insolvent. The decision of the court of first instance was left unchanged.
The case was supported by Legrant senior lawyer Danil Hristich under the overall supervision of Tatyana Titarenko, managing partner. Earlier, Legrant proved the unlawfulness of the untimely radiological control in the port.