INTRODUCTION. Modern maritime law is replete with a variety of legal acts of the interstate level, but the problems of ensuring security in this area remain relevant. At the international level, it is very difficult to establish a clear connection between the rules of law and actual legal relations. In order to strive to realize this, it is necessary to constantly analyze the real situation, trying to improve it or put it in order with the help of legal mechanisms, which is what this study is aimed at. This work is devoted to the analysis of relations in the field of merchant shipping from the point of view of ensuring security and stability in order to understand the possibility of improving international legal norms. As a territorial scope, interstate relations of Asian countries, including Russia, were considered as the most promising and interesting region from a scientific point of view, including in the context of increased measures of negative economic pressure on Russia from a number of states in North America and Europe. In the current political and economic conditions, not only the doctrine turns its attention to this direction, positioning the vector of domestic development as Eurasian, and sometimes completely Asian. MATERIALS AND METHODS. To prepare this work, an analysis of international legal acts, law enforcement practice was carried out, and expert assessments were monitored on various issues of ensuring the safety of navigation in the Asian region. The results obtained are based on the consideration of economic, political science, management and other literature in addition to the works of legal scholars. The comparative legal method was used, as well as deduction and synthesis. RESEARCH RESULTS. As a result, it is proposed to consider the possibility of taking additional measures aimed at expanding the functionality of the captain of the vessel to ensure the safety of maritime navigation, including countering illegal actions on board. At the level of the domestic legislation of the Russian Federation and the national legislations of other states of the region, establish clear rules for determining the law applicable on board a ship and extending the jurisdiction of the relevant state to relations arising on a ship. At the same time, the provisions of the domestic legislation of each state must comply with the rules of the United Nations Convention on the Law of the Sea (UNCLOS) of December 10, 1982. Grant broader powers to captains of ships in terms of implementing measures to prevent crimes on board the ship and transfer the person who committed the crime to representatives of foreign law enforcement agencies. DISCUSSION AND CONCLUSIONS. International merchant shipping is a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in the most diverse ways. The main threats to the implementation of these activities are piracy, offenses on board a ship in isolation from the mainland, and illegal extraction of biological resources. Fishing by residents of some states in the territorial waters of others is a topical issue. This work is devoted to the study of the main trends in the development of the system for ensuring the safety of international navigation from different points of view. As an object of research, legal relations in the Asian region are taken as the most diverse from social, economic, political and other points of view. Also, the countries of Asia, including Russia, are among the most rapidly developing, which demands new approaches to the relationship between subjects that require their own legal regulation. As a result, separate proposals have been developed, subject to the adoption of which it will be possible to optimize law enforcement practice on ensuring the safety of navigation.
This paper is an attempt to build a different paradigm of environmental law in the conditions of the planetary transformation of the Earth in the context of such civilizational paradigms as archaic — modern — postmodern — supermodern with the transition to the sixth technological order. These realities require both traditional and innovative legal regulation. The spectrum of transformations includes the initial parameters of the current order, the hierarchy of structures and the dynamics of their interaction, the level of fluctuation and bifurcation vectors, as well as attractors for exiting the turbulence zone. In order to answer these questions, the authors monitor previous and current environmental and historical trends in the world and the goal setting of what we are building in response to the challenges of the future on the basis of expanding interdisciplinary horizons, a systematic approach, a new range of methodologies and conceptual and categorical apparatus. Through the method of multidimensional didactics, legal topics are associatively connected to the consonant tasks of other subject areas with logical structuring and analysis of isomorphic meanings and semantic models for optimal synthesis of the developed legal systems with ensuring their applied effectiveness and practical application options. Interdisciplinary registers make it possible to build a new ecological and legal doctrine with the correction of the mutual importance of man and nature in the conditions of the global collapse of the capitalist system, based on impoverished natural resources and an increasing ecological catastrophe. Since it is necessary to go to the capital coordinates of the living cosmos for earthly problems to be solved, the «reasonable man» has completed a purely earthly cycle of evolution and must position himself as a «Universal Man» with access to a new ecological political and legal paradigm. These should include formulas (semantic images), integrals (keys of wholeness) and algorithms (methods of action, ways achievements) rule-making matrices.
The paper analyzes the concept of a civil contract consolidated in the current legislation of the Russian Federation, which allowed the author to conclude that this concept constitutes an established legal phenomenon that has been set out in regulatory acts. The author separately outlines some aspects of state contracts, since similar agreements for the carriage of sea cargo form an independent institution of law stemming from the specified legal institute. The paper also discusses the peculiarities of a private law contract with due regard to doctrinal studies, including the studies conducted in connection with the adoption of the Merchant Shipping Code of the Russian Federation. The author determines the main trends in studying the private law contract as a method of regulation in international maritime law in general theoretical and practical aspects. The paper considers both general theoretical trends aimed at examining global issues and individual issues concerning separate and highly specialized problems, including new problems that have emerged in connection with the development of society, completely new forms of interaction, e.g., the digitalization of public relations. The author analyzes the practice of applying a private law contract in international maritime law, as well as the judicial practice of considering disputes on the designated topic. The author has examined the Russian legislation regulating relations under consideration, taking into account amendments both at the federal level and at the departmental level. The paper also provides for the classification of the indicated amendments and alterations regarding the level of the actors who have initiated them. As a result of the study, it is determined that we can observe the process of formation of absolutely new legal relations that develop in the process of applying a private law contract as one of the ways of regulation in international maritime law, taking into account the geopolitical realities, namely, imposed sanctions, restrictions and contradictions and difficulties created with their help. It is concluded that the current legislation is currently being reformed, and the author suggests improvements.
The article deals with the main principles of protecting digital rights – a new legal category – in the digital environment. In the context of the rapid development of information and communication technologies when cyberspace becomes the platform for interaction between citizens, society, and the state, there is a need to re-evaluate traditional approaches to rights exercised through digital communications on the Internet. The purpose of the study is to examine the legal features and properties of digital rights and identify the principles for protecting digital rights online. The authors employ the general scientific dialectical method as well as the formal legal, systemic structural, and formal logical cognition methods. The synergetic method is used to identify the features and properties of digital rights, this method helps to highlight new rules and new realities in the creative potential of chaos. The authors conclude that the scope of digital legal relations has the characteristics of cross-border and virtuality, thus ensuring the protection of digital rights should be carried out considering the special properties of this environment in which subjects cannot always be identified, and objects are characterized as simulations. Digital rights are obligations and other rights, the content and the exercise of which are determined by their specific features according to the rules and functioning principles of the information and telecommunication system. The holder of a digital right can be a person who can exercise the right. The authors identify the basic principles of protecting digital rights: the digital equality principle; the digital self-determination principle; the anonymous communication principle; the principle of confidentiality of private communications; the principle of privacy in the digital environment; the principle of secrecy of digital identification; the principle of security of data obtained through facial recognition technologies; the principle of erasure of digitalized personal information.
INTRODUCTION. The article analyzes the content of the main legislative acts regulating the activities of pilots and pilot societies in pre-revolutionary Russia. The relevance of the research is provided by the lack of knowledge in domestic science of the specifics of legal regulation of the pilot service in the Russian state in the pre-revolutionary period.MATERIALS AND METHODS. Th main sources of the research were normative documents, first of all, legislative acts of national significance, dedicated to commercial navigation and published in The Complete Collection of Laws of the Russian Empire and Code of Laws of the Russian Empire, which regulated the issues of financial security and social status of pilots in the Russian Empire, their responsibility. The methodology consists of the principles used in legal research, as well as general scientific and special methods of legal research (comparative legal, system, formal legal methods, historical and legal analysis).RESEARCH RESULTS. The Russian experience of regulatory regulation of pilotage is studied: The Maritime Regulations of 1722, the Regulations on Sea Pilots of 1890, the Charter of the Society of Saint Petersburg Pilots of 1896 and other legal acts of this period are considered. The specifics of legal regulation of the pilot service in pre-revolutionary Russia are established.DISCUSSION AND CONCLUSIONS. It is noted that the regulation of pilot companies as one of the trade unions was carried out under the control of the state. It is stated that the legislation of the Russian Empire, which determines the status of a pilot in the period of the XVIII–XIX century, was, in comparison with the legislation of European States, secondary and in many respects lagging behind the latter. The author focuses on how the structural organization of the pilot service and its legal status changed with the development of legislation.
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