Regulation of the port services market in Ukraine and Law of EU: a comparative analysis

Keywords: port operator, sea terminal, port authority, competition, services of general economic interest, port services market

Abstract

The article provides a comparative analysis of the legislation of Ukraine and the law of EU, resulting in the formulation of the main differences in the methods and principles of regulation of the market of port services.

To this end, the provisions of the Regulation of the European Parliament and of the Council of 15 February 2017 No 2017/352, which sets out the framework for the provision of port services and the general rules on financial transparency of ports, which contain rules on the organization of the market for port services, including minimum requirements for provision of port services, limitation of the number of suppliers, public service obligations, restrictions related to internal operators. The provisions of this regulation are compared with the norms of the Law of Ukraine “On Seaports” and the Rules of rendering services in the seaports of Ukraine, approved by the Order of the Ministry of Infrastructure of Ukraine No. 348 of 05.06.2013.

It is noted that, given the state of the port services market in Ukraine, it also presents situations that require regulation and organizational influence. Such situations are: indefinite status of port operators, because of which, there are controversial issues and independent interpretation of the Laws of Ukraine "On Seaports" regarding its definition; competition arising from maritime operators in the context of reduced cargo flows and excess port capacity, taking into account the lack of organizational regulation of this issue, which is fixed at the legislative level, ultimately leads to unfair competition and corruption schemes;
lack of legislative regulation of public obligations in the maritime transport sector, which leads to the uncertainty of these obligations.

Thus, the peculiarities of the port services market in Ukraine and the need to consolidate at the legislative level the provisions on regulation of this market, taking into account the provisions of the law of EU on the regulation of the market of port services with differences stipulated by national legislation. Therefore, it is proposed that by amending the Law on Seaports of Ukraine, to determine the status of port operators, to establish criteria for obtaining this status, to formulate rules on the transparency of the selection of port operators for the provision of a particular port service in order to eliminate unfair competition corruption, identify public obligations in the maritime sector.

References

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How to Cite
Ayahut, N. (1). Regulation of the port services market in Ukraine and Law of EU: a comparative analysis. Law Review of Kyiv University of Law, (3), 265-269. https://doi.org/10.36695/2219-5521.3.2019.45
Section
The legal system of Ukraine and international law, comparative legal studies