Legislative Regulation for Hoisting Ownerless Objects Sunk within Seaports

Ksenia V Golubkina

doi:10.1051/shsconf/202213400116

Abstract

Creating a legislative algorithm needed to regulate hoisting of sunken ownerless property is an illustration of existing gaps in national legislation. Legal relations regulated for objects sunk within seaports is touched upon in the Federal Law On Seaports and in the Merchant Shipping Code, but vague wording, lack of an exact algorithm in federal legislation and by-laws creates conditions allowing seaport authorities to stand still and ‘shift’ responsibility on someone else for resolving an issue of ownerless property. The author proposes a clear regulatory algorithm for recognizing objects sunk within seaports as ownerless, holding responsible for hoisting the said objects and mitigating environmental hazards on economic entities operating in seaports.

Highlights

Regulating relations within state territorial and seaport water areas has always caused a lot of controversy
According to FZ-261 On Seaports, seaport area is understood as “the water area within a seaport, which is under the jurisdiction of the seaport administration and the seaport captain. [3]” Sizable ownerless objects located in the seaport area, which are not properly monitored and maintained can pose a threat to safe navigation and to the ecology of the water area. [10]
Ownerless objects sunk in seaport water areas pose a serious threat to maritime safety and marine ecosystem

Summary

Introduction

Regulating relations within state territorial and seaport water areas has always caused a lot of controversy. Legal regulation to ensure hoisting of a sunken ownerless object within seaport areas has not been resolved by law. It seems reasonable to voice an existing gap in this type of legal regulation, as well as the problem of interdepartmental communications between the bodies regulating the activities of public and private entities in the port water area. Ownerless objects within seaports impede a safe use of transport infrastructure of seaports, pose a threat to the port ecosystem, there is currently no clarity in resolving this issue. [3]” Sizable ownerless objects located in the seaport area, which are not properly monitored and maintained can pose a threat to safe navigation and to the ecology of the water area. According to FZ-261 On Seaports, seaport area is understood as “the water area within a seaport, which is under the jurisdiction of the seaport administration and the seaport captain. [3]” Sizable ownerless objects located in the seaport area, which are not properly monitored and maintained can pose a threat to safe navigation and to the ecology of the water area. [10]

Results

Discussion

Conclusion