Legal regulation of maritime agency in Ukraine

Abstract

The article analyzes the regulations governing maritime agency in Ukraine namely: Merchant Shipping Code of Ukraine, Сommercial Code of Ukraine, The Civil Code of Ukraine, Laws of Ukraine «On seaports of Ukraine», «On transit of goods», «On foreign economic activity», as well as the Order of the Ministry Infrastructure of Ukraine «On approval of the Rules for the provision of services in seaports of Ukraine». It is investigated that in almost every one of these regulations, regulation of maritime agents is enshrined only a few provisions mentioning a non-marine agent sufficient to settle such a complex maritime institution farms. Attention is drawn to the fact that in addition to laws and bylaws, agency relations between the parties are governed by their own regulations maritime agency agreements.
 It is investigated, that in most countries the legislation contains norms that relating to maritime agency, but they are all fragmentary, disparate in nature and regulate only some aspects of agency activities. In practice, there is usually a relationship between the shipowner and the shipping agent subject to the general provisions of civil or commercial law, devoted to the institution of representation, and fall under the concept of contract authorization.
 According to the content of the above highlighted, the main features of the maritime agency: it is a business activity; the subject of this activity is provision of services; services are provided exclusively to business entities; services are provided through mediation; services are provided exclusively in economic activity; mediation is carried out on behalf of, in the interests of under the control and at the expense of the entity represented.
 The study allows us to conclude, that the maritime agency as a separate type of activity, requires legal consolidation on levels of a special legislative act. Such a special legislative act may be the Law of Ukraine «On Agency Activities», in which, it is necessary to consolidate the regulatory framework for regulation maritime agency, organizational and legal status of the maritime agent and legal status of maritime agency companies; solution problems related to determining the limits of liability of maritime agents; recognition of the maritime agency agreement as a separate type of civil business agreements; establishing a standard form of maritime contract agency in accordance with national specifics.