Статьи рубрики | Maritime Law

Scientific specialty:

5.1.5. International legal sciences (legal sciences)

Vitaly V. Klyuev, Sergey D. Ayzinov, Yuriy S. Melenas, Aleksandr S. Pinsky, Viktor G. Senchenko, Nataliya N. Kharchenko, Albert V. Chernyshov. Participation of the Russian Federation in the development of international legal instruments in the autonomous shipping

UDK: 656.61

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, Moscow, Russia

Sergey D. Ayzinov - head of the Institute of additional professional education ― head of the Maritime Training Center of the Admiral Makarov State University of Maritime and Inland Shipping, St. Petersburg, Russia

Yuriy S. Melenas - permanent representative of the Russian Federation in the International Maritime Organization, London, UK

Aleksandr S. Pinsky - chairman of Supervisory Board of the MARINET Industry Association, Moscow, Russia

Viktor G. Senchenko - scientific supervisor of the research laboratory “Navigation automation” of the Admiral Ushakov State Maritime University, Novorossiysk, Russia

Nataliya N. Kharchenko - deputy head of the Center for Promotion of Autonomous Shipping Technologies MARINET of the Russian University of Transport (RUT (MIIT)), Moscow, Russia

Albert V. Chernyshov - deputy head of the expertise and engineering department of the Main directorate of the Russian Maritime Register of Shipping, St. Petersburg, Russia

Abstract. The current paper has presented the analysis of the composition and content of documents sent by the Russian Federation to the International Maritime Organization as part of the development of international legal instruments regulating the operation of maritime autonomous surface vessels. There have been provided the full texts of all documents of the Russian Federation and given a brief thematic analysis of Russian proposals and information materials.

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Dmitry Al. Filippov. The Caspian Sea: history of the legal regime formation and development

UDK: 349.6

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper has considered the stages of legal regulation of the use of the Caspian Sea by the states belonging to the Caspian basin in various historical periods. There has been conducted a retrospective review of regulatory legal acts regulating relations in the Caspian Sea since the beginning of the twentieth century to the present time. There have been identified the legal consequences of the lack of uniformity of approaches to the legal status of the Caspian Sea for relations regarding the use of its natural resources. There have been considered the prerequisites for various approaches to the legal regime of the Caspian Sea. There has been studied the significance of the development of shipping on the Caspian Sea for the implementation of the goals of the Transport Strategy of the Russian Federation for the period until 2030 with a forecast until 2035. There have been established the key factors influencing changes in the volume of cargo transshipment through the ports of the Caspian Basin.

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Sergey An. Sinitsyn, Pavel P. Kabytov. On the issue of criteria for the unbreakable link among port infrastructure facilities

UDK: 627.09

Sergey An. Sinitsyn - Doctor of Law, professor, Russian Academy of Sciences, chief researcher at the Private Law Center, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Pavel P. Kabytov - Candidate of Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. Transport legislation, as part of the regulation of relations arising among water transport organizations, shippers, consignees, passengers, and other individuals and/or legal entities during shipping, has carried out the legal identification of river and seaports, determined the elements of the property and legal status of ports and property located in ports, and fixed the features of the legal regulation of property relations, the object of which is the property located in the port. These features include the establishment of a special procedure for leasing port property that is federally owned by persons who own port infrastructure facilities that are “unbreakably linked” with the leased property. The current paper, based on a systematic interpretation of legal norms, has identified the content of the category “unbreakable link” in relation to port infrastructure facilities. While examining the current legislation, there has been concluded that there are certain contradictions in it. The paper has also formulated recommendations for public authorities on the interpretation of criteria for the unbreakable link of port infrastructure facilities within the framework of law enforcement activities.

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Hlali Arbia, Vladimir Ev. Chebotarev, Naser Abdel Raheem Al Ali. Autonomous Shipping challenge between Sustainable Value Creation and Cybersecurity Risk

UDK: 656.61

Hlali Arbia - Department of Economics, University of Sfax, Tunisia

Vladimir Ev. Chebotarev - Russian University of Transport (MIIT)

Naser Abdel Raheem Al Ali - Russian University of Transport (MIIT)

Abstract. The integration of autonomous shipping introduces several transformations in the maritime sector, mainly the sustainable value creation. However, this technology adoption provokes some challenges. The purpose of the current paper was to study the complicated balance between two critical aspects of autonomous shipping, such as sustainable value creation and cybersecurity risks. In addition, there has been considered how autonomous shipping creates sustainable value while at the same time establishes a robust cybersecurity system. There have been also studied various advantages created by autonomous ships and underlined the cybersecurity threats, also stated the solution of different challenges. The conclusions have highlighted the importance of autonomous shipping value creation and the necessity of current regulations’ correction.

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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.

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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.

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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.

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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.

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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.

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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.

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