MARITIME ACTIVITY CONCEPT IN A CONTEXT OF LEGAL (MARITIME) DOCTRINE OF UKRAINE

Abstract

The article is devoted to the research of the concept of maritime activity in a context of legal (maritime) doctrine of Ukraine. Understanding of a ‘legal relations’ notion as a type of public relations that develop out of public life, in particular because of community service of subjects’ of such activity and that are regulated by legal means, has naturally led the author to a conclusion that meeting the overall objective of the study requires solving the problem of definition and meaning of ‘maritime activity’ notion. Herewith, availability of several legislative definitions and multiple researches of the problem and, as a result, lack of common understanding of its generally accepted solution, makes it impossible to form the concept of maritime activity in a context of legal (maritime) doctrine of Ukraine. The said above should be considered as lack of legal base, in other words, lack of general theoretical legal foundations for its forming and implementation, in particular conceptual laws, which determines the relevance of the study. According to the study, the author concludes, that definitions of particular notions, shown in the texts of the Maritime doctrine of Ukraine of 2009 and 2018 (approved by statutory regulations) do not meet the definitions given in the current legislation of Ukraine, including United Nations Convention on the Law of the Sea 1982, the international agreement of Ukraine; forms the definition of the notion that includes ‘maritime activity’ term as a type of purposeful, legitimate, socially useful community service in the field of marine environment, carried out on the basis, within the limits, by ways and in the manner defined by the maritime law, which creates its specific (varietal) legal type, as a result of transformation of the public relations between its subjects into ‘maritime legal relations’; defines the components of the definition included in the ‘maritime activity’ term as its subtypes; determines the need and scientific offer to include ‘maritime activity’ concept to the process of formation and implementation of the legal (maritime) doctrine of Ukraine.