Problems of legal regulation of transport activities on inland waterways of Ukraine

Abstract

The article examines the problems of legal regulation of transport activities on inland waterways of Ukraine. The current absence of legal framework governing the implementation of river transport and port infrastructure in Ukraine is indicated. The purpose of the article is to reveal the problematic aspects of legal regulation of transport activities on inland waterways of Ukraine, namely – the absence of the relevant Law of Ukraine «On Inland Water Transport» and the importance of its adoption for legal regulation of transport activities and development of shipping on the inland waterways of Ukraine. The state policy on river transport and the strategy for its implementation are currently only prescribed and approved in the bill on inland water transport, which has been underway since 2015. Currently, there is a situation in which the shortcomings in the legal regulation of legal relations arising in the field of inland navigation in Ukraine are clearly defined. The lack of a mechanism for resolving the problems of the industry is confirmed by the disputes faced by enterprises and institutions of the organization regarding the operation by inland water transport. The settlement of the above situation requires a clear definition of the legal status of the river port, delimitation of the functions of the river port in terms of economic activity and state control and supervision over shipping safety, determination of the water area status and river port territory, consolidation of legal relations with business entities of all ownership forms at the legislative level. Adoption of this bill will make it possible to regulate at the legislative level legal relations in the field of domestic navigation on inland waterways, i.e. activities related to the use of vessels for cargo, passengers, luggage, mail, operation of inland waterways, registration of vessels and river cargo terminals and the right to sail under the State flag of Ukraine, the legal status of the ship’s crew, its composition, the rights and responsibilities of the captain (commander) of the ship, the rules of navigation safety, regulation of ship traffic, etc.