Shadow Crewing Scheme
In 2014, 10 sailors returned to Odessa, led by Captain Vasily Pariy. They worked for half a month on the vessel Vitoria7, owned by the Greek company Maritime Management Synergy (MMS).
The working conditions at the roads in the African port of Cotonou (Republic of Benin) were so difficult that they simply returned. Many believe that they were lucky … In his interview, upon the arrival of this captain in the Federation of Maritime Trade Unions of Ukraine (FMPSU), he spoke about the ordeals suffered by the team.In conclusion, he bitterly said that it was necessary to protect the Ukrainian market from the penetration of “black” shipowners. Thus, the “master” involuntarily presented bills to the entire system of intermediary employment of Ukrainian citizens abroad, or, as it is called in everyday life, to “crewing”.
In general, this system has long been regulated by more than 20 laws of Ukraine and the companies themselves are interested in following all the requirements. So, according to the Ministry of Labor and Social Policy of Ukraine, by January 1, 2008, 217 intermediary enterprises were registered in the Odessa region and they are constantly subjected to systematic checks.
So, in 2007, according to the results of 59 planned and unscheduled inspections of how intermediaries comply with licensing conditions, only 4 enterprises were deprived of their licenses for the named “shadow reasons”. The remaining 213 work honestly.
But there are also situations when law enforcement agencies have to pay attention to the activities of an intermediary. The resonance in this situation was created by the captain’s appeal to the Ministry of Foreign Affairs and the Federal State Medical Service, as well as a number of mass media. However, much remains to be seen.
First of all, the existence of a mysterious structure called FoxMarine caused bewilderment. The mystery is how it works if it is not listed in the list of intermediary enterprises holding licenses for this type of economic activity.
The Ministry of Labor and Social Policy has confirmed that there is no such structure at all in any of the official state accounting systems. But, nevertheless, according to the returning crew members, they went to sea with her assistance. Vasily Pariy even presented a leaflet on which the phones of the Greek MMS company in Athens were printed, hiring sailors on the Vitoria7 vehicle, 17 miles off the coast of Benin.
There were also phones “FoxMarina.” It turned out that her office is in Odessa. When the media began to call there, they stopped introducing themselves: FoxMarin, and they began to say: “Es A Marine is listening!” But what about FoxMarin? The same sweet voice said that there was no such company, and then followed by a refusal to explain where it went.
According to the Ministry of Labor and Social Policy, the intermediary company Es Ay Marin LLC really exists, and the “master” also confirmed that the identity card of the sailors who went with him on the ship had the seal of this particular intermediary enterprise.
It itself provided the original license for the type of activity and even agreed to remove photocopies from it. However, thanks to the vigilance and professionalism of the control bodies, which include the SBU and law enforcement agencies of the Odessa region, as well as the Commission for conducting inspections on compliance by business entities with license conditions for mediation in employment abroad, the regional state administration found out that under this formal cover the “gray ” scheme of work.
It turned out that by the decision of the Commission of the Ministry of Labor and Social Policy of Ukraine on licensing of mediation and the issue of permits for employment to foreigners in Ukraine (order No. 526 of October 1, 2007), the license for Es A Marine LLC was canceled.
How did this intermediary enterprise work? It turned out that she took the opportunity to appeal to the expert appellate council at the State Committee for Entrepreneurship in controversial situations, where they can give a delay of six months to eliminate violations. However, for all the time there was not a single notice from her that at least some attempts were made to correct the remarks, which only confirms that such a measure of restraint of activity, such as canceling the license, was taken fairly.
It is only unclear whether this LLC is going to eliminate the violations if the right to legally own the license is only a month and a half away?
Meanwhile, the scheme of his work is already clearly visible. First, the intermediary company provides the necessary package of start documents and legally obtains a license, but then begins to conclude cooperation agreements with foreign companies and does so in violation of the requirements of the law.