ПОГІРШЕННЯ ПРАВОВОГО СТАНОВИЩА МОРЯКІВ, ПОВ’ЯЗАНЕ З ПАНДЕМІЄЮ COVID-19

Abstract

The article is devoted to the study of violations of the rights of seafarers, both workers and quarantined, caused by the COVID-19 coronavirus pandemic. Uncertainty related to the quarantine or state of emergency has only exacerbated the difficult situation for maritime workers, which has also affected the economic sector of our country and other countries. This justifies the importance of ensuring the work of the crews of the commercial fleet from the standpoint of protection of fundamental human rights. It also provides some examples of violations of seafarers’ rights and abuses by shipowners are also given. As a result of the analysis of the norms of the current legislation, it was concluded that the right to timely rotation / cancellation of a seafarer in quarantine conditions was not guaranteed, due to the absence of a special international document. Attention is paid to the question of the inability of the shipowner to ensure compliance with the terms of the employment contract with the employee. It is concluded that the restriction of a rotation of crew members established during the quarantine period is considered a means of protection against COVID-19, but to ensure that international requirements are properly met, the timely replacement of crew members is a necessary component of maritime safety and of a safe maritime transport process organization. The content of this article proves the limitations of the important need for personal contact with people for seafarers, as shipping companies tend to keep their employees away from the land. Another pressing problem today is that many countries require not just vaccinations but vaccinations with certain drugs, which deprives them of the right to choose and complicates the work of seafarers. In this case, the legal regulation of the activities of the subjects of maritime law in quarantine should be carried out from the standpoint of protection of both fundamental human rights and from the standpoint of ensuring the economic component of the activities of states. The introduction of restrictions for members of the commercial fleet in the future may lead to a crisis associated with the lack of necessary and critical cargo and goods in the country. The problem has become global and needs immediate and detailed research.