Attempt of annexation the Crimea and maritime administration: legal aspects of asymmetric response

Abstract

In this article the author analyzes certain systematic administration problems of the Ukrainian marine industry, which directly affect the ways and means of asymmetric response to challenges associated with the attempt of the annexation of the Crimea by the Russian Federation. The attention is focused on the uncertainty of subordination relations between respective Ukrainian state authorities, the transparency and effectiveness of state port control and the threat to lose the flag control functions. The issues of choice between Paris MoU and Black Sea MoU on port state control are discussed. Ukrainian maritime legislation and legislation in the field of inland water transport remain obsolete and ineffective, which leads to constant decreasing on number of ships under Ukrainian flag. It is also accompanied with the regulation gap for the territorial sea and continental shelf so that almost no measures have been taken for recent years to protect national interests in these naval zones. The attention is paid to the poor sufficiency of legislation approximation efforts in accordance with the Association Agreement between Ukraine and EU. The author erects the Azov Sea fishery issues. The emphasizes is made on negative consequences of the Agreement on Fisheries in the Azov Sea signed between Ukraine and Russian Federation in 1993 and unreasonable actions of Ukrainian authorities within its frameworks. The author concludes that the most of the administration problems of Ukrainian marine sector are still far from being resolved, which has poor effect upon handling the Crimean crisis consequences.