LEGAL REGULATIONS GOVERNING THE PREVENTION OF MARINE POLLUTION FROM SHIPS AND THE ROLE OF INSPECTION AUTHORITIES

Abstract

This study is devoted to the theoretical and legal justification and the development of practical proposals for modernizing the legal mechanisms for preventing pollution of marine waters from ships as part of the process of harmonizing domestic legislation with international legal norms and European Union standards. The methodological foundation of the study is a comprehensive approach employing formal-dogmatic, comparative-legal, systemic-structural, and historical-legal methods, which made it possible to assess the status of the implementation of treaty requirements into the national legal framework. As a result of the research, a comprehensive analysis of the regulatory framework for ensuring environmental safety in Ukraine’s maritime sector was conducted, revealing that the key barrier to fulfilling international obligations is the institutional lack of coordination of powers between regulatory authorities and port administrations. Significant gaps were identified between inspection procedures and judicial standards of proof of guilt, which leads to the exclusion of primary inspection materials as inadmissible evidence during court proceedings or criminal investigations. Particular attention is paid to the specifics of supervising the transport of hazardous cargo and ensuring the civil liability of shipowners, and a classification model of the functional activities of inspection bodies across five main areas is proposed. The analysis demonstrates the need for a qualitative shift in the doctrinal understanding of maritime inspection oversight – from a narrowly sector-specific regulatory tool to a strategic element of the national security system. The paper justifies strategic directions for optimizing Ukrainian legislation through the digitization of vessel traffic monitoring, the introduction of a risk-based approach during inspections, and the automation of waste accounting in ports, in line with the country’s European integration agenda.