European Union standards for Ukrainian inland waterways: Council Directive 87/540/EEC (Part III)

Abstract

The article is devoted to the study of the provisions of the current legislation of Ukraine and the provisions of Council Directive 87/540/ЄEC with a view to determining the conditions for its implementation and realization of its provisions in Ukraine. The effect of the norms of the Council Directive 87/540/ЕЕС on the circle of persons was investigated. Moreover, the authors proposed a classification of the range of persons for whom the Directive is in force. So, this is: physical persons-entrepreneurs carrying out cargo transportation directly (individually); enterprises transporting goods directly (individually); groups or co-operatives of operators acting as agents in relation to their members; natural persons-entrepreneurs and / or enterprises operating as "subcontractors". Furthermore, the conceptual and terminological apparatus, namely the notions "shipping company", "association of enterprises", "legal status of a legal entity", "legal personality of a business entity", "subcontractor", "management of transport operations on permanent basis" are analyzed. Moreover, the concepts have been investigated by comparing their meanings in the Directive, the Ukrainian legislation and legal dictionaries. Finally, the comparison of the provisions on the terms of professional competence in the Directive with the provisions of the current legislation of Ukraine is made. The authors have proved that the qualification characteristic "Manager on water transport (by fleet)" regarding the definition of tasks, responsibilities and scope of knowledge to a certain extent coincides with the requirements of Council Directive 87/540 / EEC. However, qualification requirements are considerably higher because they require a complete higher education of the corresponding field of study (master, specialist), experience of work on the organization and operation of the fleet -not less than 3 years, and knowledge of English in the framework of their duties (provided that the company carries out international transportation).