内河航运法的概念及相关问题(基于德国、乌克兰的资料)

G. Moshak
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引用次数: 0

摘要

问题设置。本文以德国和乌克兰的资料为基础,对内河航运法的概念及相关问题进行了探讨。内陆航运法概念研究的相关性是由于其对科学和实践的重要性以及乌克兰缺乏研究。对理论概念和法律规范进行分析和比较的方法以及社会经济统计的方法被用来就所研究的专题提出建议。分析最近的研究和出版物。揭示了内河航运法与内河航道概念之间的联系。W. Coriot, J.-H.。克鲁姆,T. Wal-dstein, G. Holland。确定了乌克兰科学家P.E. Kazansky、A.V. Kulko、A.P. Efymenko、E.A. Samoilenko和G.V. Samoilenko的研究课题和方向。本文的研究目的在于促进内河航运法概念的完善。文章的主体。研究分几个阶段进行:从大量来源中,只选择和分析了欧洲最权威的专门机构之一曼海姆大学(德国)运输和交通法研究所归类为必要的资料;然后完成了对德国内河航运私法关系法和其他来源的评论,由我们翻译成乌克兰文;最后,将乌克兰获得的结果与德国作者的数据进行了比较。研究表明,“内河航行法”的概念与内河航行和内河航道的定义密切相关。乌克兰目前的立法和法律没有对内河航运的概念提供明确的表述。航运之所以被称为内陆,是因为它使用内陆水道的假设只是部分地抓住了问题的关键。内河航道实际上主要用于内河运输,其活动受内河航运法的管制。海上航线主要为海上航行服务,受海商法管制。但是,根据规定的标准(所使用航线的特征)将航运分为海上和内陆,与国内法律规范和国外研究的结论并不一致。结论及发展展望。这项研究的结果使内河航运法的概念得以形成,作为一套主要是私法的规范,规范内河航道通航使用领域的关系。对乌克兰和德国内河航道概念的理论和规范基础以及影响内河航运法概念和规范现状和发展的社会经济发展水平指标进行了分析。指出了货物运输量的可能增加,从而刺激内河航运法的主要问题的发展。建议借鉴德国的先进经验,暂时解决乌克兰内河运输领域规范行为不足的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Concept of Inland Navigation Law and Related Issues (Based on the Materials of Germany and Ukraine)
Problem setting. The article deals with the concept of inland navigation law and related issues based on the materials of Germany and Ukraine. The relevance of the study of the concept of inland navigation law is due to its importance for science and practice and its lack of research in Ukraine. The methods of analysis and comparison of theoretical concepts and legal norms, as well as the method of socio-economic statistics were used to argue proposals on the topic under study. Analysis of recent researches and publications. The connection between the concepts of inland navigation law and inland waterway is shown. The German-language works of W. Coriot, J.-H. Krumme, T. Wal-dstein, G. Holland. The subject and direction of the research of Ukrainian scientists P.E. Kazansky, A.V. Kulko, A.P. Efymenko, E.A. Samoilenko and G.V. Samoilenko were determined. Target of the research is to contribute to the improvement of the concept of inland navigation law. Article’s main body. The research was carried out in several stages: from a large number of sources, only those classified as essential by the Institute of Transport and Traffic Law of the University of Mannheim (Germany), one of the most authoritative specialized institutions in Europe, were selected and analyzed; then the commenting on the German law on private law relations of inland shipping and other sources, translated by us into Ukrainian, was completed; in conclusion, the results obtained in Ukraine are compared with the data of German authors. The study showed that the concept of «inland navigation law» is closely related to the definition of the terms inland navigation and inland waterway. The current legislation of Ukraine and the law do not provide an unambiguous formulation of the concept of inland shipping. The assumption that shipping is called inland because it uses inland waterways only partially captures the point. Inland waterways are actually used mainly by inland water transport, the activity of which is regulated by the law of inland navigation. Sea routes mostly serve maritime navigation, which is regulated by maritime law. However, the division of shipping into sea and inland based on the specified criterion (characteristics of the routes used) does not agree with the norms of domestic law and the conclusions of foreign studies. Conclusions and prospects for the development. The results of the study allowed to formulate the concept of inland navigation law as a set of mainly private law norms that regulate relations in the field of navigable use of inland waterways. The analysis of the theoretical and normative bases of the concept of inland waterway and indicators of the level of socioeconomic development of Ukraine and Germany, which affect the state and development of the concepts and norms of inland navigation law, is carried out. The volume of possible increase of cargo transportation, which can stimulate the development of the main issues of inland navigation law, is shown. It is proposed to apply the advanced German experience and temporary solution of the problem of deficiency of normative acts in the field of inland water transport of Ukraine.
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