Капітани та служби капітанів морських портів України: законодавча та інституційна криза

Abstract

The duties of harbour masters and their offices in Ukraine are provided by the national legislation and international agreements. Their activities are necessary to grant the proper functioning of seaports, including the implementation of state security controls and performing procedures for ships to call in, out and stay in ports. The powers of a harbour masters and harbour masters’ offices in Ukraine which are defined by the national and international laws, covers not just the leading role in controlling the safety of navigation in ports, but also the fulfillment of a wide range of state public services for the maritime transport. At the same time, significant innovations, which are being implemented recently in the public administration of the sea and river transport in Ukraine, often do not justify themselves, leaving the status quo unchanged or even worsening it, creating controversial, conflict precedents, which do not have unambiguous solution in the absence/insufficiency of systemic changes to the current legislation. This is precisely the situation concerning the redistribution of powers for the appointment of harbour masters and the release of officers of harbour masters’ offices. The author notes that the current legislation of Ukraine does not contain a direct indication as to the organizational form for harbor masters and harbour masters’ offices functioning. At the same time, the regulations contain certain rules for the delimitation of the functions to grant a port security and to supervise the respective security issues, however not determining the need for organizational separation between these institutions. The article states that the transitional situation in which two harbour masters in a number of Ukrainian ports are actually operating at the same time is unacceptable from the point of view of management and ensuring proper oversight of maritime safety. It is also important to protect labor rights of staff of harbour masters’ offices while implementing the decisions of the Ministry of Infrastructure of Ukraine.