乌克兰和德国内河航道的法律地位

G. Moshak, O. Ivanova
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The granting of the status of a sea lane on a particular river results in the attribution of transportation carried out on them to sea transportation. The share of cargo processing on inland waterways and ports located on them decreases accordingly. Persons involved in river transportation, in order to attract as many customers as possible, are trying to expand the range of their services by granting the port the status of a sea port. If it is able to accept sea vessels, despite the location on the river. This contributes to the reduction of both the volume of traffic on inland waterways and the reduction of funding for their development and legal support.\n\nAnalysis of recent researches and publications. The term inland waterway was used in the works of the pre-revolutionary scientist Kazansky P.E., in the works of contemporaries Kulko A.V., Efimenko A.P., Samoilenko G.V., Samoilenko E.A., but without its analysis in the context of German law.\n\nTarget of the research is a comparative analysis of the concept of waterway and its status in the law of inland navigation based on the materials of Ukraine and Germany, studying the possibilities of their improvement in the context of changes in the situation on inland water transport.\n\nArticle’s main body. The legal status of inland waterways develops along with the development of transport relations. We are talking about relations that arise in connection with the use of waterways, infrastructure and means of transport, as well as relations that exist in the process of preparation and regulation of transportation. The study of the problem of the status of the inland shipping route based only on the materials of Ukraine would be incomplete given the fact that our country does not occupy a leadership position in the specified mode of transport and, as a result, in the relevant law.\n\nIn Germany, there are thorough laws and extensive commentaries, monographs and scientific articles based on the results of the analysis of court cases, which are a consequence of the rapid development of inland shipping. In Germany, inland shipping relations are regulated by more than a dozen special laws, the most important of which is the law «On Private Law Relations of Inland Shipping (Binnenschiffahrtsgesetz)», which has been in operation for over 100 years - since January 1, 1896.\n\nConclusions and prospects for the development. This allowed to formulate conclusions on the concept and status of inland waterway and proposals for its improvement. 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引用次数: 0

摘要

问题设置。欧洲联盟内河运输的发展得到了大量投资、立法和创新的支持。国外的研究结果表明,内河航道是水运发展的重要组成部分,需要在科学和立法上完善内河航道的概念。根据乌克兰内阁2022年2月9日第136号决议。根据1996年6月12日乌克兰部长内阁第640号决议(不再有效)和“关于核准内海水域和可通航内河水道清单”,多瑙河乌克兰部分被授予海道地位。因此,多瑙河上的港口不叫河港,而叫海港。在某条河流上授予海上航道的地位,就意味着在该河流上进行的运输属于海上运输。内河航道和内河港口的货物处理量也相应减少。从事内河运输的人,为了吸引尽可能多的顾客,正试图通过赋予港口海港的地位来扩大他们的服务范围。如果它能接受海上船只,不管位置在河上。这有助于减少内河航道的交通量,也有助于减少用于内河航道发展和法律支助的资金。分析最近的研究和出版物。在革命前的科学家Kazansky p.e.的著作中,以及同时代的Kulko a.v.、Efimenko a.p.、Samoilenko g.v.、Samoilenko e.a.的著作中,都使用了“内河”一词,但没有在德国法律的背景下对其进行分析。本研究的目的是以乌克兰和德国的资料为基础,对水路概念及其在内河航运法中的地位进行比较分析,研究在内河运输形势变化的背景下,水路概念及其在内河航运法中的地位改进的可能性。文章的主体。内河航道的法律地位是随着运输关系的发展而发展的。我们讨论的是与水道、基础设施和运输工具的使用有关的关系,以及在准备和管理运输过程中存在的关系。仅仅根据乌克兰的材料来研究内陆航线的地位问题是不完整的,因为我国在具体的运输方式方面并没有占据领导地位,因此在有关法律方面也没有占据领导地位。在德国,有详尽的法律和广泛的评论,专著和科学文章基于法院案件的分析结果,这是内陆航运迅速发展的结果。在德国,内河航运关系受到十几个专门法律的规范,其中最重要的是《内河航运私法关系法》(Binnenschiffahrtsgesetz),该法律自1896年1月1日起已经实施了100多年。结论及发展展望。这使我们能够就内河航道的概念和现状以及改善内河航道的建议得出结论。在德国有许多来源-彻底的法律和广泛的评论,专著和科学文章写在法庭案件的基础上,这创造了借鉴积极经验的理由。对“内河航道”概念的比较思考揭示了存在的差异,这些差异对航行产生了负面影响。它们间接影响到法律管制的限度,从而影响到某些运输方式所承担的运输份额的确定。分歧无助于法律和航运的发展。乌克兰是许多多边和双边国际公约、条约和方案的缔约国,这创造了一个信息库,并有望制定统一的理论和立法定义
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Status of Inland Waterways in Ukraine and Germany
Problem setting. The development of inland water transport in the European Union is supported by significant investments, legislation and innovations. The results of foreign studies indicate the need to improve the concept of inland waterway in science and legislation, as these are important components of water transport development. By the Resolution of the Cabinet of Ministers of Ukraine No. 136 dated 09.02.2022. "On Approval of the List of Inland Sea Waters and Inland Waterways Categorized as Navigable" and Resolution of the Cabinet of Ministers of Ukraine No. 640 of 12.06.1996 (no longer in force), the Ukrainian part of the Danube River was granted the status of a sea lane. Accordingly, the ports on the Danube River are called not river ports, but sea ports. The granting of the status of a sea lane on a particular river results in the attribution of transportation carried out on them to sea transportation. The share of cargo processing on inland waterways and ports located on them decreases accordingly. Persons involved in river transportation, in order to attract as many customers as possible, are trying to expand the range of their services by granting the port the status of a sea port. If it is able to accept sea vessels, despite the location on the river. This contributes to the reduction of both the volume of traffic on inland waterways and the reduction of funding for their development and legal support. Analysis of recent researches and publications. The term inland waterway was used in the works of the pre-revolutionary scientist Kazansky P.E., in the works of contemporaries Kulko A.V., Efimenko A.P., Samoilenko G.V., Samoilenko E.A., but without its analysis in the context of German law. Target of the research is a comparative analysis of the concept of waterway and its status in the law of inland navigation based on the materials of Ukraine and Germany, studying the possibilities of their improvement in the context of changes in the situation on inland water transport. Article’s main body. The legal status of inland waterways develops along with the development of transport relations. We are talking about relations that arise in connection with the use of waterways, infrastructure and means of transport, as well as relations that exist in the process of preparation and regulation of transportation. The study of the problem of the status of the inland shipping route based only on the materials of Ukraine would be incomplete given the fact that our country does not occupy a leadership position in the specified mode of transport and, as a result, in the relevant law. In Germany, there are thorough laws and extensive commentaries, monographs and scientific articles based on the results of the analysis of court cases, which are a consequence of the rapid development of inland shipping. In Germany, inland shipping relations are regulated by more than a dozen special laws, the most important of which is the law «On Private Law Relations of Inland Shipping (Binnenschiffahrtsgesetz)», which has been in operation for over 100 years - since January 1, 1896. Conclusions and prospects for the development. This allowed to formulate conclusions on the concept and status of inland waterway and proposals for its improvement. There are numerous sources in Germany - thorough laws and extensive commentaries, monographs and scientific articles written on the basis of court cases, which creates grounds for borrowing positive experience. Comparative consideration of the concept of "inland waterway" has revealed the existence of differences that have a negative impact on navigation. They indirectly affect the limits of legal regulation and, as a result, the determination of the share of traffic carried out by certain modes of transport. Differences do not contribute to the development of law or shipping. Ukraine is a party to a number of multilateral and bilateral international conventions, treaties, programs - which creates an information base and the prospect of developing a unified doctrinal and legislative definition of the
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