Pilot Administrative And Legal Status In The Russian Federation And Danish Legislation

In accordance with the rules of law, the master may waive the services of a pilot while pilotage is in progress, but then he has full control of the vessel in the channels and fairways, with imposed responsibility.It is, to say the least, a strange and inherently ambiguous recommendation, which does not allow the master to clearly formulate his decision and logically build a chain of his actions.Earlier, the text of the Code of Merchant Shipping recommended the master to follow "reasonable recommendations of the pilot" and, of course, to be responsible for everything.But, now the captain decides to refuse the services of a compulsory pilot and again takes over the management of the vessel, bears responsibility for it, which he had before.In order to accept responsibility from someone else, of course, someone else must have it before that moment.Therefore, analysing the practice, we can conclude that the captain first gives responsibility to the pilot and then returns it.But then the following question arises, why there is no clear procedure of delimitation of authority and responsibility between the captain and the pilot.In order to investigate the problem of delimitation of responsibility, as well as the relationship between the captain and pilot, it is necessary to consider the retrospective development of the above relations in Russia over the last hundred years.This problem became particularly pronounced after the adoption of the Code of Merchant Shipping.

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Publication Details

Journal
˜The œEuropean Proceedings of Social & Behavioural Sciences
Published
2024-10-31
DOI
https://doi.org/10.15405/epsbs.2024.10.28
Primary Topic
European and International Law Studies
Type
article
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article

Pilot Administrative And Legal Status In The Russian Federation And Danish Legislation

Natalia Nikolaevna Ksenzova
˜The œEuropean Proceedings of Social & Behavioural Sciences
European and International Law Studies
article

Pilot Administrative And Legal Status In The Russian Federation And Danish Legislation

Natalia Nikolaevna Ksenzova
article en

Abstract

In accordance with the rules of law, the master may waive the services of a pilot while pilotage is in progress, but then he has full control of the vessel in the channels and fairways, with imposed responsibility.It is, to say the least, a strange and inherently ambiguous recommendation, which does not allow the master to clearly formulate his decision and logically build a chain of his actions.Earlier, the text of the Code of Merchant Shipping recommended the master to follow "reasonable recommendations of the pilot" and, of course, to be responsible for everything.But, now the captain decides to refuse the services of a compulsory pilot and again takes over the management of the vessel, bears responsibility for it, which he had before.In order to accept responsibility from someone else, of course, someone else must have it before that moment.Therefore, analysing the practice, we can conclude that the captain first gives responsibility to the pilot and then returns it.But then the following question arises, why there is no clear procedure of delimitation of authority and responsibility between the captain and the pilot.In order to investigate the problem of delimitation of responsibility, as well as the relationship between the captain and pilot, it is necessary to consider the retrospective development of the above relations in Russia over the last hundred years.This problem became particularly pronounced after the adoption of the Code of Merchant Shipping.

˜The œEuropean Proceedings of Social & Behavioural SciencesVol. 134
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
European and International Law Studies
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Pilot Administrative And Legal Status In The Russian Federation And Danish Legislation — Natalia Nikolaevna Ksenzova · ˜The œEuropean Proceedings of Social & Behavioural Sciences (2024) | TGRS Research Map | TGRS