MARITIME DOCTRINE OF UKRAINE: A MEASURE OF GENERAL JURISPRUDENCE

Abstract

Considering the signifi cant update at the end of 2018 of the Maritime Doctrine for the period up to 2035 and the continuing need to improve existing maritime legislation, in the article it has been explored and analyzed the existing defi nitions of the concepts of “doctrine”, “legal doctrine”, “maritime legal doctrine”, “maritime doctrine of Ukraine”. The methodological basis of the study was constituted by the methods of analysis and synthesis. Those methods made it possible to defi ne the concepts of “doctrine”, “legal doctrine”, “maritime legal doctrine” and “maritime doctrine of Ukraine” because of the features that unite and separate them. The analysis of the terminological chain “doctrine – legal doctrine – maritime legal doctrine – maritime doctrine of Ukraine” was carried out using the methodological movement “from general to partial”. As the paradigm of the study, the study of the content and correlation of elements of the conceptual and terminological chain was chosen: “the cognition – the level of cognition – the process of cognition – the object / subject of cognition – the end result of the process of cognition – the forms of results of cognition – the objectifi cation (documentation, publication, testing) results of cognition – the level and forms of recognition (legitimation) of the results of cognition. As a result of the research, the author’s defi nitions of these concepts were formulated and the boundaries of their relation were defi ned. In particular, it was noted that the “maritime doctrine of Ukraine” is a “maritime” legal doctrine that was objectifi ed (documented, promulgated, tested) in the appropriate form and received offi cial state recognition in Ukraine, as a consolidated dominant system of governing conceptual provisions on identifi cation and resolution of issues of development (occurrence, transformation, disappearance) of manifestations of state-legal reality in the fi eld of maritime activity, in particular the legal regulation of public (“person – technology”, “person – environment”) and social (“person – person”) relations arising in this sphere. The practical value of the scientifi c search is manifested in the continued formation of the theoretical basis of the maritime legislation of Ukraine, serves as the basis for its further changes, the constitution of the maritime branch of law.