The definition of «ship» by international and national regulations

Abstract

The article analyzes the definition of «ship» by international and national regulations. It is noted that there are many examples of the legal definition of «ship». There are attempts in international law to define the term «ship».
 The definition of «ship» under the International Convention for the Prevention of Pollution from Ships contains a tautology, as the term «ship» is defined as «ship». Thus, for this Convention, a ship is understood to mean not only ships in the usual sense of the term but also «stationary or floating platforms». In other international legal acts, there is also no unambiguous (universal) interpretation of the concept of «ship». And in one of the most important sources of international maritime law - the comprehensive universal The United Nations Convention on the Law of the Sea 1982, although the term «ship» is often used, there is no norm-definition that should explain it. Based on the study, several features that are inherent in the vessel, namely: the concept of the vessel, is applied only to the Merchant shipping code of Ukraine, and the vessel is understood as a «self-propelled or non-self-propelled floating structure». However, the restriction of the vessel as a «floating structure» from other «floating objects» can be carried out for their intended purpose. Thus, «floating objects», in contrast to ships, are not intended for permanent stay in a floating state but are brought into such a state for their one-time movement or specific work. Therefore, they should not be considered as vessels - rafts, sealed tanks, which are towed to the place of their installation (pipes, tanks, pontoons), delivered on a tug in a floating state of metal structures (oil rigs, bridge spans, etc.).
 Based on the study, it was concluded that the Merchant shipping code of Ukraine uses concepts of the same meaning: ship (so-called section II Merchant shipping code of Ukraine and this concept is used in the title of many articles), merchant ship (Part 1 of Article 15 of the Merchant shipping code of Ukraine), sea vessel (Part 1 of Article 13 of the Merchant shipping code of Ukraine). Therefore, to improve the Merchant shipping code of Ukraine, it should be borne in mind that the concepts of «ship», «merchant ship», «sea vessel» are differentiated and have different meanings and relate to each other as general and special.