Концептуальні основи адміністративної юрисдикції України у прибережних водних просторах

Abstract

The article investigates the main principles of implementation of administrative jurisdiction of Ukraine in coastal water areas. It is stressed that the basis for such jurisdiction is either the sovereignty of the state or its sovereign rights, recognized and enshrined in international agreements. Based on the norms of the United Nations Convention on the Law of Sea 1982, as well as the practice of implementing its norms, the possibility of identifying the categories of «administrative jurisdiction» and «jurisdiction» was noted, under the «broad» approach to the interpretation of the categories «jurisdiction» and «public administration». It is proved that the concept of administrative jurisdiction of Ukraine organically combines the general principles of international public and national administrative law in coastal water spaces with the prevailing importance of the latter, which fully apply the sovereignty and the jurisdiction of the coastal state, and the first – in the expanses, in which coastal state exercises only jurisdiction and sovereign rights. Within the framework of the concept, the legal norms belonging to the above-mentioned branches are organically combined and the practice of their application, which allowed identifying gaps and possible directions for the improvement of the national legislation in the area of ​​administrative jurisdiction in the coastal waters in order to fully implement the international obligations assumed by Ukraine, full participation in the circle of the developed sea states of the world and the resolution of urgent issues of the renewal of rights of Ukraine as a coastal state under conditions of the temporary occupation of the Crimean peninsula, coastlines around the Operations of joint forces in Eastern Ukraine by the Russian Federation.