Статьи рубрики | Maritime Law

Scientific specialty:

5.1.5. International legal sciences (legal sciences)

Vitaly V. Kluyev. Development of legislation in the field of autonomous shipping in the Russian Federation

UDK: 347.79

Vitaly V. Kluyev - head of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The Russian Federation has adopted a comprehensive federal law in the field of autonomous shipping. Many provisions of this law are innovative in nature; there have appeared new concepts in the field of merchant shipping and navigation on inland waterways, new legal structures, new subjects of legal relations related to merchant shipping and shipping. These provisions require comprehensive analysis, discussion, and scientific evaluation. The adopted amendments to the legislation in the field of merchant shipping eliminate legal restrictions on the development and introduction into widespread use of autonomous ships, but at the same time create the need for a more detailed study of various aspects of the existing system of law in the area under consideration. The current paper has presented the study, based on the methods of modern hermeneutics and general scientific systematicity, which analyzed the process of preparing the law on autonomous navigation, the legal discussions that arose in this process, as well as an assessment of this law. The Law on Autonomous Shipping is the first regulatory legal act in the field of autonomous (unmanned) transport; its designs can be used in formulating the provisions of the relevant legal norms in road transport and aviation.

Статья целиком →

Hossam Hamid Shehab, Al Ali Naser Abdel Raheem, Vladimir Ev. Chebotarev. The principle of special circumstances and its applicability in the demarcation of maritime boundaries between Iraq and Kuwait

UDK: 341.61

Shehab Hossam Hamid - Prof. Dr., Ministry of Higher Education, University of Tikrit, College of Law (Iraq)

Al Ali Naser Abdel Raheem - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Vladimir Ev. Chebotarev - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)

Abstract. The process of defining maritime areas has always had a prominent place in disputes resulting from conflicts of interest in these important regions of the world and the importance of defining maritime boundaries stands out in narrow sea areas where countries with diverse interests meet. In order to ensure stability and peace in those maritime areas, it is necessary to search for the best ways and means to determine those boundaries to achieve justice in the determination. The current paper has analyzed the 1982 Convention, which created some principles and methods in determining maritime boundaries, and among those principles was the principle of special circumstances. The principle of the midline can be adopted in normal cases through which fair results can be achieved, but this principle may not be valid in other cases and if this principle was applied in those cases, it would show us unacceptable results. The maritime extensions of coastal states are connected with the supreme vital interests of the state in terms of economic, security and military aspects, which makes disputes resulting from the determination of maritime borders between opposite or neighboring countries not only characterized by their abundance and diversity, but also by their intertwining and complexity due to their relevance to economic, geographical and political issues in the area where maritime boundaries are determined, as well as the legal points raised by the delimitation process.

Статья целиком →

Marianna Yu. Filippova. International maritime labor law: legal nature and classification in the legal system

UDK: 341.225

Marianna Yu. Filippova - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT)

Abstract. The current paper has formulated the definition of international maritime labor law, analyzed its subject and method of legal regulation. There has been studied relationship between public international and private international law in the regulation of labor relations of sailors, the role and place of international maritime custom in labor regulation in maritime transport.

Статья целиком →

Ekaterina Al. Silacheva. Legal prerequisites for recognition of sea towing by rescuing

UDK: 656.61

Ekaterina Al. Silacheva - LLC “Nautilus-Insurance Consultants”

Abstract. The transition from simple sea towing to rescue is a debatable issue: whether towing will be recognized by the court/insurer/other organization as rescue or simple towing. The current paper has examined international conventions governing rescue issues and drawn parallels with Russian legislation. There has been identified the main criterion for recognizing towing as a rescue, it is the presence of danger. In the insurance process, the decision to recognize the existence of danger remains at the discretion of the insurance organization. At the same time, the position of the shipowner and rescuer often does not coincide with the opinion of the insurer, which leads to the need to resolve this issue in court.

Статья целиком →

Vitaly V. Klyuev. Legal status of maritime autonomous surface ships according to an autonomy degree

UDK: 347.79

Vitaly V. Klyuev - head of the Department of state policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The current paper has presented the analysis of the legal status of maritime autonomous surface ships (MASS) depending on the degree of their autonomy, and has considered the problem of their definition in Russian law, taking into account international standards. The author has analyzed various aspects of regulation, such as civil liability, maritime safety, and the development of appropriate legislation to ensure the safe operation of autonomous ships in seaports and on the high seas.

Статья целиком →

Andrey V. Velichko. Legal problems of reducing the negative impact of grain dust on humans on maritime transport vessels

UDK: 656.61

Andrey V. Velichko - Far Eastern maritime agency “Fescontract International”

Abstract. According to the data presented for 2022, the share of sea transport of grain cargo is about 11% of the total number of goods transported by sea (data from the UN Statistics Division, United Nations Statistics Division). In accordance with the International Safety Management Code, shipowners are obliged to ensure the safety of life and health of ship crews. The International Maritime Organization has developed international guidelines and requirements for the transport of bulk cargo around the world. Based on data on the nature of chronic diseases of sailors associated with the negative impact of grain dust on their health, there has been concluded that shipowners and port services often neglect the threat posed by grain cargo to the life and health of sailors, which in turn aggravates the current condition the question under study.

Статья целиком →

Marianna Yu. Filippova. International maritime labor law: formation. Prerequisites for “master’s power” of the captain

UDK: 341.225

Marianna Yu. Filippova - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. International maritime law is deservedly considered one of the most interesting legal formations. Surrounded by a halo of romance, largely based on legal customs coming from the depths of centuries, bearing the spirit of freedom and sailor brotherhood since ancient times, maritime law, like the boundless sea itself, always leaves space for new discoveries. The current paper deals with the issues of the emergence of legal regulation of the labor of seamen in the early sources of maritime customs. There has been studied the evolution of the relationship between the captain and the ship’s crew. There has been formulated the content of the “master's power” of the captain in relation to the crew and its main features.

Статья целиком →

Sergey F. Legusha. Cyber problems in water transport concerning the efforts of the main players in the maritime industry and classification societies on the example of the Russian Maritime Shipping Register

UDK: 004.75:681.5:656.62(571.1.6)

Sergey F. Legusha - Association of International Maritime Law

Abstract. The amount of data in the modern world is constantly growing. Over the past ten years the amount of stored information has increased by more than 50 times. The value of information and the ability to manage it and its holders, which previously played a key role in business, industry, and other areas, has increased many times, especially considering the rapid development of information technology. Cybersecurity, being one of the branches of information security, includes, among other things, the protection of data of companies and organizations in any industry including a maritime industry. Leaks of information and its unpredictable change, loss of business process control because of external and internal cyber-attacks bring companies both direct financial losses and deferred ones, threatening reputational losses, unpredictable malfunctions, loss of confidential information and other assets of fundamental importance. The current paper has presented the discussion of the issues of strengthening cybersecurity in the shipping industry and the contribution of the main market players to their development.

Статья целиком →

Aleksey M. Zaikov. Modern concerns of legal regulation of preventing pollution from ships

UDK: 347.79:629.12.03

Aleksey M. Zaikov - Federal State Unitary Enterprise “Atomflot”

Abstract. The current paper has presented a chronological review of the development of the system of international legal regulation of the prevention of marine pollution from ships. The problems in this area historically arose and aggravated in different periods of the shipping development. There have been identified the key aspects of the Russian legal regulation of preventing pollution from ships, highlighted the urgent problems of preventing pollution of various natural environments from ships, and outlined the ways to solve them in the future, including within the framework of international rule-making cooperation.

Статья целиком →

Sergey An. Gandzioshin. Probative force of a Bill of Lading: possible ways to improve legislation

UDK: 347.795

Sergey An. Gandzioshin - Department of State Policy in the Field of Maritime and Inland Water Transport of the Ministry of Transport of the Russian Federation

Abstract. Cargo shipping is the most important component of world trade. Proper processing of cargo shipping documents allows ensuring the prompt and safe implementation of cargo turnover, reduce the risks of imposing penalties and litigation between carriers, shippers, and consignees. Bill of Lading has been used in maritime trade for more than one century, but due to the change in many forms of interaction between the subjects of international trade, the introduction of modern technologies in the document management process, there is a need for further development and improvement of the rules for processing and using this document. The current paper has presented the discussion of possible promising areas for improving the use of a Bill of Lading.

Статья целиком →