АКТУАЛЬНІ ПОРІВНЯЛЬНО-ПРАВОВІ АСПЕКТИ НОРМАТИВНОГО ЗАБЕЗПЕЧЕННЯ ОХОРОНИ ЖИТТЯ ТА ЗДОРОВ’Я ЛЮДИНИ В МІЖНАРОДНОМУ МОРСЬКОМУ ПРАВІ

Abstract

The article is devoted to the generalized results of the study of current comparative legal aspects of the normative provision of the protection of life and human health in international maritime law. The relevant provisions of international conventions and national laws are analyzed. Proposals have been made to improve the legal and regulatory support for the protection of life and human health in the event of an emergency at sea.

Every year, several thousand accidents occur in the sea, during which more than 200 large vessels with a total gross tonnage of up to 1,500,000 tons are killed. Annually more than 2 thousand people die in the sea, more than 1 million tons of cargo disappears, a large amount of petroleum products and other  pollutants enter the marine environment. Therefore, the problem of maintaining the life and health of man during maritime transport without exaggeration is a major one.

Accidental maritime accidents include many events that disrupt normal operations on or off the ship while sailing or moored in inland waters, swimming or parking within inland waterways, causing anyone harm or damage to property.

Convention on the Law of the Sea UNCLOS 82 in Part 3, Article 4 94 obliges each flag State to take the necessary measures to ensure safety at sea. In addition, the said Convention unifies the recommendations and standards of competence for those in charge of medical care on board, as reflected in the latest version of the IMGS Training Manual, which takes into account all the requirements of the STCW Code for officers' knowledge and professional skills.

Of the Convention, which includes practical training and training in life-saving techniques such as intravenous therapy. Compliance with these requirements enables such persons to effectively participate in coordinated on-board medical assistance systems and to provide patients or injured persons with a satisfactory level of medical assistance during their probable stay on board.

In the disposition of Art. 60 KTM of Ukraine the legislator regulates the duties of the captain to render assistance, but in the event of a collision of ships. A separate article of KTM of Ukraine is devoted to the regulation of medical care - Art. 61, which is referred to as the "Duty to Emergency Care".

Therefore, the author proposes to amend, in particular, Art. 61 KTM of Ukraine.