In the dissertation, a comprehensive scientific study of administrative responsibility for pollution and littering of the marine space of Ukraine was conducted.
It was determined that, taking into account the natural characteristics of the Black and Azov Sea basins, the specifics of the development of their mineral resources in modern conditions, sea pollution occurs by: carrying out reconnaissance works and equipment of wells, geological exploration works; mining; construction of underground structures for various purposes; Russian aggression and chemical pollution of the sea as a result of bombing. Taking into account the provisions of the current legislation of Ukraine, the admissibility of a combination of several types of legal responsibility, in particular, measures of disciplinary and administrative responsibility, measures of property and criminal responsibility, for pollution and littering of the sea space has been established.
It was established that the specificity of the damage caused to the maritime space of Ukraine is its probable manifestation after significant intervals of time, which should be reflected in the method of its calculation, and not only be related to the determination of the size of real losses from certain actions, as is the case in the Methodology for determining losses. caused to the surrounding natural environment within the territorial sea, exclusive maritime (economic) zone and internal sea waters of Ukraine in the Azov and Black Seas, approved by the order of the Ministry of Environmental Protection and Natural Resources of Ukraine. This approach complicates the implementation of the compensatory function of civil liability for offenses in the sphere of maritime space protection, including those caused by Russian military aggression, and therefore reduces the level of its legal effectiveness.
Features of administrative responsibility for pollution and littering of the marine space of Ukraine are highlighted, which include: 1) regulatory and legal grounds established both by the norms of current national legislation and international acts and treaties, maritime customs, customs of ports and mandatory resolutions, statutory documents of administrations seaports, their officials, service instructions and orders; 2) a specific list of circumstances that exclude administrative responsibility for pollution and littering of the maritime space of Ukraine, in particular, it includes force majeure and other force majeure circumstances; 3) the grounds for administrative liability for pollution and littering of the marine space of Ukraine, which are violations of norms establishing the limit sizes of pollution of the marine space of Ukraine; 4) a special circle of subjects of administrative responsibility, which are officials of sea vessels, state environmental control bodies, etc.; 5) a diverse list of sources of pollution and clogging of the marine space (including as a result of economic and research activities on the continental shelf and adjacent waters of Ukraine, where the sovereign rights of exploration, development and protection of living and non-living (mineral) natural resources are exercised, in including on the seabed and in its subsoil, as well as exercising jurisdiction over the creation and use of installations and structures, conducting marine scientific research and protection of the marine environment); 6) application of a number of assessment categories and failure to take into account in the methods of assessment of damage to the maritime space damages that may occur from illegal activities in the future).
It is substantiated that the general object of administrative offenses related to ensuring the safety of the maritime space is the violation of the regime of use of natural objects and natural resources, ensuring their rational use, compliance with the requirements of national and regional environmental safety during the exploitation of sources of increased danger (up to which also includes sea vessels).
It has been established that legal relations in the sphere of protection of the maritime space of Ukraine as an object of administrative offenses are regulated by the Code of Criminal Procedure in an unsystematic manner, without applying a structural and logical approach to the location of the relevant tort warehouses. The idea of combining administrative offenses in the sphere of protection of the marine space of Ukraine into a separate section called "Liability for environmental offenses" is supported, where all norms relating to the sphere of environmental pollution and, in particular, pollution and littering of the marine space of Ukraine, will be placed.
The expediency of the expanded interpretation of the concept of "subject of administrative responsibility for pollution and littering of the sea space" is substantiated, to which it is proposed to include..
