Problems of providing transport security of Ukraine: regulatory background

Naval Institute National University "Odessa Maritime Academy"

Problem setting. Despite the enormous number of human casualties in transport accidents, as well as the enormous human toll, it is important to recognize the importance of transport safety. Unfortunately, for the time being, neither the authorities nor the public have this understanding. In particular, this is evidenced by the fact that there are practically no regulatory acts that are directly aimed at solving the problem of transport safety. There is no transport safety law, no proper concept and strategy for transport safety. Regulations governing specific transport safety issues are flawed and often contain conflicting provisions. System work in this direction, too, is practically not conducted. Therefore, the creation of a single set of regulatory acts in the field of transport safety in Ukraine is one of the priority tasks today. The aforementioned regulations should be clear, internally consistent and in line with European transport safety standards. To achieve this goal, it is necessary to first develop basic, conceptual provisions, on the basis of which to form the entire subsequent system. The urgency of this problem is caused by the huge losses suffered daily by Ukraine due to the low level of transport safety.

In addition to the general legal documents in the form of law, concept, strategy and program, it is necessary to develop sectoral safety programs for individual modes of transport. A public transport development program and an aviation security program are urgently needed. The necessity of bringing national legislation in line with international standards is in particular due to the importance of active development of international transit in Ukraine. Imperfect regulation and a generally low level of transport security in Ukraine can be a major obstacle to making significant profits from international transit, as the security factor for European partners is crucial.

Revision, development and approval of a package of regulatory documents on transport safety should be carried out taking into account the current national and international standards, their certification, issuing licenses for the carriage of passengers and goods. Foreign experience in the development of national legislation governing relations in the field of transport safety should be used to create a mechanism for legal regulation of this problem in Ukraine.

Recent research and publications analysis. Issues of national security, political, legal, social and psychological aspects of terrorism in the works of V. Antipenko, V. Bogdanovich, V. Yemelyanov, V. Krutov, V. Lipkan, N. Nizhnik, D. Olshansky, M. Sahakyan are sufficiently thoroughly considered. G. Sytnik, Y. Kondratyev, V. Malison and S. Malison, B. Romanyuk, M. Sahakyan, S. Teleshun. Traffic safety, state regulation of transportation were considered by D. Zerkalov, O. Krupina, Y. Nekrasov, A. Tkachenko, O. Sokolov.

Highlighting previously unsettled parts of the general problemAlthough some of the issues addressed in this work have been addressed in the works of the aforementioned and other authors, the definition of the main areas of application of the regulatory and legal principles of transport safety has not been sufficiently considered. Today a whole set of problems (financial, logistical, social, informational, scientific and technical) of regulatory nature have accumulated, which has not been solved in time.

The situation is exacerbated by the lack of a well-established system of ensuring transport safety, insufficient performance of the tasks and functions assigned to it, reducing the level of scientific and technical support of the said activity. This is facilitated by the complexity and lack of study of the nature and peculiarities of the social interconnections that arise between different categories of participants in public relations in the process of functioning of different modes of transport, and especially their legal and regulatory background in ensuring transport safety.

Paper main body. The organization of transport security is entrusted to the heads of transport security entities. The subject of transport safety is the main authority in the field of transport safety, the authorities which are competent for transport safety issues, the owners of transport safety objects and persons who use them under other conditions in accordance with the legislation.

Structural units are created within the central bodies of executive power, which are responsible for transport safety issues.

For the purpose of accomplishing the tasks of ensuring transport safety, the formation of the provision of transport safety is created or contracts are concluded for services with other entities, which are legally entitled to provide transport safety services at other sites.

There are transport security actors in each mode of transport. Let’s briefly consider the role of the above entities in each mode of transport of Ukraine.

The central executive body, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Infrastructure, and which implements the state policy on safety on land transport is the State Transport Security Service of Ukraine (Ukrtransbezopa).

State Service for Maritime and River Transport of Ukraine (Maritime Administration), which is the central executive body, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Infrastructure and which implements state policy in the fields of maritime and inland waterway transport, merchant shipping, inland navigation, navigation and hydrographic support for maritime affairs, as well as in the field of maritime and inland waterway transport (except in the field of maritime safety of ships fleet fishing industry).

The State Aviation Service of Ukraine as the authorized body for civil aviation issues implements the state aviation policy and strategy of Ukraine, carries out state regulation of activities in the field of civil aviation.

The Cabinet of Ministers of Ukraine directs and coordinates the activity of this service through the Minister of Infrastructure of Ukraine, but not through regulations, but through regulations.

In November 2005, the “Regulation on aviation safety management system” was approved, which defines the order of organization of works on prevention of aviation events, tasks and functions of management, bodies, objects and subjects of management, establishes forms of control over the performance of works and applies to all civil aviation entities of Ukraine irrespective of vi safety in order to harmonize the rules governing transport safety issues for different modes of transport, as well as to bring Ukrainian transport safety legislation into line with Ukraine’s international obligations. Ultimately, it is necessary to create a new, unified legal framework for the effective provision of transport security, taking into account changes in ownership, as well as management approaches.

In addition to improving the regulatory aspect of transport safety, it also requires improving the interaction of all executive authorities responsible for transport safety.

Conclusions of the research and prospects for further studies.

  1. UkrTransport is responsible for safety only on land transport (road transport, urban electric transport and rail transport) therefore, water and air transport safety issues are not within its competence.
  2. The State Maritime and River Transport Service of Ukraine (Maritime Administration) performs separate functions for the implementation of the state policy in the field of maritime and inland waterway transport (except for the maritime safety of vessels of the fishing industry vessels).
  3. The State Aviation Service of Ukraine shall manage civil aviation safety and oversight of aviation security.
  4. The protection of the pipeline transport facilities shall be carried out by special departmental units of protection of the pipeline transport enterprises, as well as by the internal affairs bodies on a contractual basis.
  5. There are practically no legal acts that are directly aimed at solving the problem of transport safety of Ukraine and the interaction of the subjects of ensuring transport safety in different modes of transport among themselves.
  6. There is no single body for managing the transport safety of the state, and therefore there is no single overall coordination of the subjects of ensuring the transport safety of Ukraine.

We consider the prospects of further exploration to be a study of transport safety issues both in transport in general and in its main types in particular.

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