The article investigates the ways of applying the provisions of civil legislation to financial relations. It is pointed out that the main ways of applying civil legislation to financial relations are subsidiary application of civil legislation, including the use of civil law concepts and constructions in financial legislation, as well as the application of civil law provisions as a result of direct requirements formulated in blanket norms of financial law. It is also possible to apply civil legislation to financial relations by legal analogy. Subsidiary application of civil legislation differs from the legal analogy in the absence of gaps in the legislation, and from blanket norms of law, – in the absence of a direct reference to the application of the relevant provisions of civil law. The main condition for the correct application of civil law to financial relations is a clear distinction between civil and financial legal relations. Therefore, the author sees the prospects for further research on the problem of applying civil legislation to financial relations in the field of research of a wide range issues related to the differentiation of civil and financial law
INTRODUCTION. Modern maritime law is replete with a variety of legal acts of the interstate level, but the problems of ensuring security in this area remain relevant. At the international level, it is very difficult to establish a clear connection between the rules of law and actual legal relations. In order to strive to realize this, it is necessary to constantly analyze the real situation, trying to improve it or put it in order with the help of legal mechanisms, which is what this study is aimed at. This work is devoted to the analysis of relations in the field of merchant shipping from the point of view of ensuring security and stability in order to understand the possibility of improving international legal norms. As a territorial scope, interstate relations of Asian countries, including Russia, were considered as the most promising and interesting region from a scientific point of view, including in the context of increased measures of negative economic pressure on Russia from a number of states in North America and Europe. In the current political and economic conditions, not only the doctrine turns its attention to this direction, positioning the vector of domestic development as Eurasian, and sometimes completely Asian. MATERIALS AND METHODS. To prepare this work, an analysis of international legal acts, law enforcement practice was carried out, and expert assessments were monitored on various issues of ensuring the safety of navigation in the Asian region. The results obtained are based on the consideration of economic, political science, management and other literature in addition to the works of legal scholars. The comparative legal method was used, as well as deduction and synthesis. RESEARCH RESULTS. As a result, it is proposed to consider the possibility of taking additional measures aimed at expanding the functionality of the captain of the vessel to ensure the safety of maritime navigation, including countering illegal actions on board. At the level of the domestic legislation of the Russian Federation and the national legislations of other states of the region, establish clear rules for determining the law applicable on board a ship and extending the jurisdiction of the relevant state to relations arising on a ship. At the same time, the provisions of the domestic legislation of each state must comply with the rules of the United Nations Convention on the Law of the Sea (UNCLOS) of December 10, 1982. Grant broader powers to captains of ships in terms of implementing measures to prevent crimes on board the ship and transfer the person who committed the crime to representatives of foreign law enforcement agencies. DISCUSSION AND CONCLUSIONS. International merchant shipping is a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in the most diverse ways. The main threats to the implementation of these activities are piracy, offenses on board a ship in isolation from the mainland, and illegal extraction of biological resources. Fishing by residents of some states in the territorial waters of others is a topical issue. This work is devoted to the study of the main trends in the development of the system for ensuring the safety of international navigation from different points of view. As an object of research, legal relations in the Asian region are taken as the most diverse from social, economic, political and other points of view. Also, the countries of Asia, including Russia, are among the most rapidly developing, which demands new approaches to the relationship between subjects that require their own legal regulation. As a result, separate proposals have been developed, subject to the adoption of which it will be possible to optimize law enforcement practice on ensuring the safety of navigation.
The paper is devoted to the analysis of the place of absolute civil rights in the system of legal regulation of relations in merchant shipping. The main objectives of the study are to identify the role and general legal features of absolute civil rights exercised in the field of merchant shipping, as well as the search for optimal directions of improvement of civil legislation regulating the relevant relations.The paper characterizes the interaction between absolute and relative rights in the process of regulating relations in merchant shipping. It is established that property rights, due to their absolute nature, constitute the legal basis for the formation of legally binding relations under private and public law. In turn, the content of property rights is actively affected by public goals and tasks of legal regulation of relations arising in merchant shipping. For example, the extension of the status of an immovable property to a marine vessel is preconditioned due to the tasks of ensuring public policy in the field of commercial navigation. The author highlights the main material objects of property rights. Particular attention is paid to the peculiarities of the property law regime applied to the sea vessel and the objectives of establishing these peculiarities. The author summerizes the main normative and doctrinal approaches to the definition of the concept of a “vessel” and substantiates the necessity of a single normative consolidation of this concept in the legislation of the Russian Federation and international law instruments.The author differentiates between absolute and relative relations in the field of commercial navigation. The author substantiates the property and legal nature of the relationship arising with regard to sea vessel possession when the vessel is leased out, as well as possession of the cargo on board of the vessel. The author makes proposals concerning inclusion in the Civil Code of the Russian Federation of certain provisions on possession of a thing, as well as proposals on the development of special legal norms governing limited property rights to objects of merchant shipping.
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