Legal characteristics of maritime safety

Abstract

The growing importance of international maritime shipping, and the complication of its operation conditions in modern times, necessitate the study of legal issues and improvement of its legal regulation with strict observance of the law in the area of countering negative manifestations in the field of maritime safety.The article examines the definitions of the concept and essence of security in general and with due regard for the specifics of maritime conditions. Maritime security is defined as a set of its types: technical, technological, telecommunication, and economic. The activities of its participants are determined by regulations. The legal regulation of maritime safety is characterized by the norms intended to define the rights and obligations of their participants by special provisions on combating offenses in this area, namely: Merchant Shipping Code, Code of Administrative Offenses, Civil Code, Criminal Code, Customs Code. Therefore, we can conclude that there is a special legal framework for maritime security. Legal security is ensured by the norms of international law and domestic legislation of Ukraine, which, according to the Constitution of Ukraine, cannot contradict the norms of international law.International legal norms on maritime safety are contained in maritime conventions. Maritime legislation is represented by the Merchant Shipping Code of Ukraine, which defines the rights and obligations of maritime navigation participants, and which creates the basis for criminological measures to prevent socially dangerous manifestations. Along with improving the regulatory framework for maritime security, the effectiveness of countering it depends on the special training of maritime security personnel. Employees of this industry undergo special training. They must receive it in special educational institutions and have two diplomas: a diploma of graduation from the relevant educational institution and a diploma of work experience in the field of navigation. In the course of their work, they are obliged to improve their knowledge of the application of the Law by undergoing retraining in the study of relevant regulations. Such retraining is mandatory and scheduled. Administrative authorities control its implementation. At the same time, measures are taken to ensure maritime safety, the nature of which is determined by the specific conditions of combating offenses. Thus, the effectiveness of ensuring maritime safety requires: first, continuous improvement of legal norms and, second, training of maritime workers in their application. Professional development of maritime transport workers is a necessary link in ensuring maritime safety.It is also concluded that it is necessary to intensify the scientific interpretation of the provisions of international conventions and domestic legislation in the field of maritime security in modern conditions. The development and in-depth study of problems in combating offenses in the field of maritime security will specify Ukraine’s practical participation in international maritime conventions and stabilize our State’s participation in ensuring maritime security