BAIRAK V. Administrative and legal regulation of the organization of captain’s activities on water transport

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003835

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

27-09-2019

Specialized Academic Board

Д 41.884.04

Odessa State University of Internal Affairs

Essay

The thesis is dedicated to the theoretical and practical problems of the administrative and legal regulation of the organization of the captain’s activities on water transport. The analysis of the conceptual and categorical apparatus in this sphere of public relations has been carried out. The subjects of administrative and legal regulation of water transport relations, their powers, methods and ways of legal regulation have been characterized as well as the basic principles of the organization of the captain's functions on water transport. The means of administrative and legal regulation of the organization of water transport activities have been analyzed, including the elements of the system of administrative coercion. The legislation system of the organization of the water transport activities of a captain has been researched and the powers of the authorities in this sphere has been analyzed. Captain’s tasks, functions, rights and obligations on the organization of water transport activities have been examined. A number of the terms have been defined by the author: “captain of water transport”, “organization of water transport activities”, “administrative and organizational functions of a captain on water transport”, “rights of a captain in organization of water transport activities”, “obligations of a captain in organization of water transport activities”. Upon the research of the phenomenon of the managerial decision of a captain on water transport it has been concluded that it is the legal act of a captain issued in a specific way based on legislation or maritime customs, analysis and assessment of a situation reflecting the interests of numerous subjects, State, ship owner, crew members, passengers, cargo owners, etc., aimed at the organization and implementation of a set of organizational, operational, legal and other measures, that secure life, environment, safe functioning of water transport and adequate economic performance. The international and foreign legislation regulating the organization of the captain's functions on water transport, its genesis and formation of organizational and legal forms have been analyzed. The proposals for improval of the legislation regulating the organization of the captain's water transport activities and the law-making of water transport authorities have been made.

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