Review of the Positions of the Ukrainian Supreme Court on Maritime Law Disputes (Administrative Jurisdiction)

Abstract

The present paper provides an overview of the legal positions of the Ukrainian Supreme Court on maritime disputes within the framework of administrative jurisdiction. In this class of cases, disputes arise about the performance or non-performance of public administration functions or the provision or non-provision of administrative services in matters related to navigation, fisheries, seaports functioning, environmental protection in the coastal waters, etc. Mainly, this paper focuses on the cases concerning prohibitions for ships to call out from a port, services provided by harbormasters, pollution of coastal waters, and fishing. In addition, special attention is paid to disputes related to the legal regime of seaports enforcement in terms of the performance of functions of port authorities and other agencies entitled to various types of controls in the port (in particular, environmental).