ENVIRONMENTAL SAFETY OF MARINE TRANSPORTATION: AN ISSUE OF ADMINISTRATIVE RESPONSIBILITY

Abstract

The purpose of the scientific work is to characterize the issue of environmental safety of maritime transport from the point of view of implementing regulatory aspects through the application of administrative liability measures. It has been established that one of the components of the environmental safety of the maritime space is a system of guarantees of its administrative and legal protection, among which the mechanism of administrative responsibility is important. It has been determined that the regulatory basis for the application of administrative liability measures in the field of pollution and littering of the maritime space of Ukraine is the provisions provided for in Art. 59-1, located in Chapter 7 “Administrative offenses in the field of nature conservation, use of natural resources, protection of cultural heritage.” It is emphasized that, along with this, the commission of offenses in the field of pollution and contamination of the sea by its object of harmful impact may have a violation of the established management procedure, in particular, provided for in Art. 188-5, consisting of “failure to comply with legal orders or instructions, other legal requirements of officials of bodies exercising state control in the field of environmental protection, use of natural resources, radiation safety or protection of natural resources, failure to provide them with the necessary information or provision of false information, committing other obstacles to the performance of their duties.” It has been established that offenses in the field of pollution and sea litter may be associated with corruption risks and manifestations, and therefore it is permissible to apply other norms provided for in Chapter 15 “Administrative offenses encroaching on the established management procedure.” It has been determined that an important element in the regulation of maritime relations are international agreements, such as the United Nations Convention on the Law of the Sea (UNCLOS), which establishes general principles and norms for the use of the World Ocean, including maritime navigation, ship rights, environmental protection and many other aspects of the sea rights.