The Concept of Inland Navigation Law and Related Issues (Based on the Materials of Germany and Ukraine)

Abstract

Problem setting. The article deals with the concept of inland navigation law and related issues based on the materials of Germany and Ukraine. The relevance of the study of the concept of inland navigation law is due to its importance for science and practice and its lack of research in Ukraine. The methods of analysis and comparison of theoretical concepts and legal norms, as well as the method of socio-economic statistics were used to argue proposals on the topic under study. Analysis of recent researches and publications. The connection between the concepts of inland navigation law and inland waterway is shown. The German-language works of W. Coriot, J.-H. Krumme, T. Wal-dstein, G. Holland. The subject and direction of the research of Ukrainian scientists P.E. Kazansky, A.V. Kulko, A.P. Efymenko, E.A. Samoilenko and G.V. Samoilenko were determined. Target of the research is to contribute to the improvement of the concept of inland navigation law. Article’s main body. The research was carried out in several stages: from a large number of sources, only those classified as essential by the Institute of Transport and Traffic Law of the University of Mannheim (Germany), one of the most authoritative specialized institutions in Europe, were selected and analyzed; then the commenting on the German law on private law relations of inland shipping and other sources, translated by us into Ukrainian, was completed; in conclusion, the results obtained in Ukraine are compared with the data of German authors. The study showed that the concept of «inland navigation law» is closely related to the definition of the terms inland navigation and inland waterway. The current legislation of Ukraine and the law do not provide an unambiguous formulation of the concept of inland shipping. The assumption that shipping is called inland because it uses inland waterways only partially captures the point. Inland waterways are actually used mainly by inland water transport, the activity of which is regulated by the law of inland navigation. Sea routes mostly serve maritime navigation, which is regulated by maritime law. However, the division of shipping into sea and inland based on the specified criterion (characteristics of the routes used) does not agree with the norms of domestic law and the conclusions of foreign studies. Conclusions and prospects for the development. The results of the study allowed to formulate the concept of inland navigation law as a set of mainly private law norms that regulate relations in the field of navigable use of inland waterways. The analysis of the theoretical and normative bases of the concept of inland waterway and indicators of the level of socioeconomic development of Ukraine and Germany, which affect the state and development of the concepts and norms of inland navigation law, is carried out. The volume of possible increase of cargo transportation, which can stimulate the development of the main issues of inland navigation law, is shown. It is proposed to apply the advanced German experience and temporary solution of the problem of deficiency of normative acts in the field of inland water transport of Ukraine.