Parliament intends to distribute the control functions of the SBGS in the surrounding area of Ukraine

Парламент намерен распространить контрольные функции ГПСУ на прилегающую зону Украины

The Verkhovna Rada has supported the bill No. 8361 on the area of Ukraine. Voted 238 deputies.

Online broadcast leads the TV channel “112 Ukraine”.

The draft law defines the surrounding area of Ukraine as a Maritime area adjacent to the territorial sea of Ukraine and the external boundary which is at a distance of 24 nautical miles from the baselines, and territorial sea of Ukraine.

According to the explanatory Memorandum, a separate legislative act on the adjacent area requires Ukraine ratified the UN Convention on the law of the sea 1982. The surrounding area is not a zone of sovereignty or the jurisdiction of the state, but the state may exercise limited control to prevent some of the violations or penalties for them.

The bill establishes the right of bodies of Sea protection of state frontier service to stop, to explore, to pursue without delay, to detain the ship and/or crew members for violations in the area. In the case of infringement of customs, fiscal, immigration and sanitary regulations to inspect the vessel must be experts of relevant state authorities. If the State border service decides that information on violations is sufficient for immediate action – the guards themselves can explore the ship, notifying the appropriate authorities of the state.

In the case of the arrest of the ship Ukraine shall immediately notify the state of its flag on the measures used. According to the draft law, the ship and crew are released immediately after prosecution and damages (unless otherwise provided by law).

It is noted that disabling the automatic identification system in the adjacent zone by all vessels is the basis for stopping and searching the vessel, or hot pursuit (with the exception of warships and boats of naval forces of VSU and organs gpsu).

The Main scientific and expert management insist on the finalization of the bill given the fact that the Convention provides for the right of the state to exercise control in the coastal zone to prevent violations within the territorial sea, and this law extends such a right, and violations committed within the coastal zone.

Expressed and other comments: in particular, the definition of “adjacent area” in the draft law contradicts the norms of the Convention, which implementeret (“sea area” in the Convention used to denote the bottom of the ponds and their depths).According to the report, some concepts are not enough legal certainty “sufficient grounds to believe”, “if sufficient information is available” and the like.

As reported in recent months significantly increased the activity of Russia in the Azov sea. The Russians do not allow trading ships to the Ukrainian ports or out of them easily pass through the Kerch Strait. In this regard, the President of Ukraine Petro Poroshenko instructed Minister of defense, the chief of the General staff and the Navy command of Ukraine to take measures to stop Russian provocations to block shipping in the Azov sea.

The European Parliament on 25 October passed a resolution condemning actions of Russia in the Azov sea.

On the eve of the NSDC Secretary Oleksandr Turchynov said that Ukraine will continue to expand its military presence in the sea of Azov to reflect the “possible aggression” by Russia. In particular the already established ship-boat group, plans to establish a naval base on the sea of Azov to the end of 2018. In September Ukrainian warships A500 “Donbass” and the sea tug A830 “koretz” arrived to Mariupol.

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