ORGANIZATIONAL AND LEGAL PROPOSALS TO IMPROVE THE ACTIVITIES OF PORT OPERATORS

O. Balobanov, A. Palchenko
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Abstract

The legal status of port stevedoring operators in the seaports of Ukraine is regulated by the Code of Merchant Shipping, the Law of Ukraine «On Seaports оf Ukraine» and the Rules for the provision of sea services in the ports of Ukraine. Port activity is an integral part of the sphere of merchant shipping and its legal regulation is associated with activities that are part of the concept of merchant shipping. The world transport system, which includes ports, operates in conditions of intensified competition between national systems, between different modes of transport, namely between sea and land. Both containerized and non-containerized lines operate in multimodal mode today. Working as part of a multimodal scheme requires seaports −stevedores to be competitive, both in relation to the subjects of movement of goods, and to the ports included in other logistics chains. Stevedoring activities are part of economic activities. Itshould be considered as the activity of business entities, which is associated with the loading and unloading of ships, aimed at generating income, is regular, permanent, significant, that is, it coincides with the definition of entrepreneurial activity. Stevedoring activities include a production and technological component and an organizational and economic component. As a reality on the grounds of modernization in the development of the world port distribution system, the process of attracting private capital not only in the development of port infrastructure, but also in the actual stevedoring activities. State stevedores operate on the territory of each seaport. The port operator, the terminal operator provide services for freight operations with goods transported by water, rail, road and pipeline modes of transport, as well as other related work at the request of the client. That is, there are two definitions regarding the executor of cargo operations. These are the port operator and the terminal operator. In the seaports of Ukraine, the list of port operators, terminal operators in each seaport, as well as the list of services provided is determined in the register of seaports of Ukraine. Based on this rule, the executor of cargo operations can be only port operators, terminal operators, whose range is limited to the register.Keywords: merchant shipping, stevedoring company, port operator, seaport, terminal operator
组织和法律建议,以改善港口经营者的活动
乌克兰海港港口装卸经营者的法律地位受《商船法典》、《乌克兰海港法典》和《乌克兰港口海上服务提供规则》的监管。港口活动是商船领域的一个组成部分,其法律法规与作为商船概念一部分的活动相关联。包括港口在内的世界运输系统是在国家系统之间、不同运输方式之间,即海陆之间竞争加剧的情况下运作的。如今,集装箱和非集装箱航线都采用多式联运模式。作为多式联运计划的一部分,海港装卸工人必须具有竞争力,无论是在货物运输主体方面,还是在其他物流链中的港口方面。装卸活动是经济活动的一部分。它应该被认为是商业实体的活动,它与船舶装卸有关,旨在产生收入,是经常的,永久的,重要的,也就是说,它符合企业活动的定义。装卸活动包括生产和技术组成部分以及组织和经济组成部分。作为世界港口集散体系现代化发展的现实基础,吸引民间资本的过程不仅存在于港口基础设施的发展中,也存在于实际的装卸活动中。国家装卸工人在每个海港的领土上作业。港口经营人、码头经营人根据客户的要求,提供以水路、铁路、公路、管道等运输方式运输货物的货运业务服务,以及其他相关工作。也就是说,关于货物操作的执行者有两种定义。他们是港口运营商和码头运营商。在乌克兰的海港,每个海港的港口运营商、码头运营商名单以及提供的服务清单在乌克兰海港登记册中确定。根据这一规则,货物作业的执行者只能是港口经营人、码头经营人,其范围仅限于登记人。关键词:商船,装卸公司,港口经营者,海港,码头经营者
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