SUBJECT OF ADMINISTRATIVE RESPONSIBILITY FOR MARINE POLLUTION: THE NEED FOR A REVIEW OF THE LEGISLATIVE REGULATION

Abstract

Abstract. The article determines that the problem of pollution of the world’s oceans and marine space is an urgent problem of our time. It is emphasized that anthropogenic and urban-ecological human activities lead to daily pollution of the environment, including water space. It is emphasized that searching for ways to ensure the effectiveness of liability measures for environmental pollution is a necessary requirement of the modern world, without which the further functioning of humanity is impossible. It is noted that in Ukraine the problem of protecting water space at the level of scientific and practical developments remains fragmentarily studied and is characterized by a lack of comprehensiveness of approaches. The purpose of the article is to characterize the subject composition of administrative offenses in the field of protection of maritime space. It was determined that one of the trends in the normative consolidation of the content of the subject composition of the mechanism of administrative responsibility was the use of professional characteristics in the implementation of such characteristics. It is emphasized that within the framework of theoretical and legal research, there is a dominance of approaches, the content of which is the advisability of applying forms of multiple liability to subjects of marine pollution, correlated with existing international legal standards. It is concluded that the introduction of a revision of the legislative content to establish an expanded understanding of the scope of the subject composition of administrative offenses in the field of marine pollution, requiring amendments to administrative tort legislation, meets the requirements of the Law of Ukraine “On the National Program for Adaptation of the Legislation of Ukraine to the Legislation of the European Union” dated 18.03.2004 No. 1629-IV. It is substantiated that in order to ensure the effectiveness of the implementation of the Law of Ukraine “On the National Program for Adaptation of Ukrainian Legislation to the Legislation of the European Union,” an expanded interpretation of the range of subjects of administrative offenses in the field of protection of sea waters of Ukraine is necessary, a departure from the priority of applying such sanctions exclusively to officials of public authorities.