THE PROBLEM OF DETERMINING THE STATUS OF THE CAPTAIN OF THE SHIP (HISTORICALANALYSIS)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
The article is devoted to highlighting the problem of determining the legal status of the ship’s captain in the historical and legal retrospect. The notion and structure of the legal status of the ship’s captain. In particular, under the proposed status captain understood as defined in national legislation, international instruments and agreements, a system of rights and obligations, limits of liability arising master of the vessel during the voyage, as well as safeguards to protect its rights and interests. The author proves that the elements captain status must include: 1) requirements for the master of the vessel; 2) procedure for becoming a master of the vessel; 3) powers of the captain; 4) safeguards to protect the rights captain of the vessel; 5) responsibility of the captain of the ship. We consider the evolution of the legal status of captain in Ukraine and abroad; highlights the major issues determining the status of captain. The latter, in particular, include: 1) definition captain simultaneously subject to many types of relationships (employment, criminal procedural, economic, international, etc.). Without prioritize its powers in a given area, leading to the need for different rules and regulations regulation for different types of relationships; 2) regulation of the status of numerous international, national regulations and labor contracts and the economic and legal agreements that are sometimes not coordinated; 3) existence of international norms and standards ratified by Ukraine, but non-integrated in national legislation that gives rise to various conflicts in their application.
Authors and Affiliations
Ю. О. Ефіменко
Keywords
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