Problems of social protection of seafarers on ships under a foreign flag when leaving them Without the help of the shipowner
- Autores: Rosenko M.1, Skrebets E.1
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Afiliações:
- Sevastopol State University
- Edição: Nº 4 (2024)
- Páginas: 131-137
- Seção: Labor law and social security law
- URL: https://journals.rcsi.science/1026-9452/article/view/260979
- DOI: https://doi.org/10.31857/S1026945224040117
- ID: 260979
Resumo
The article analyzes the evolution of conventional norms dedicated to the fight against shipowners (ship operators) who abandon ship crews without assistance in ports of foreign states. The article examines the norms of International Law, which are an integral part of the Russian legal system, related to the problem of financial support for crew members who were abandoned by the shipowner. The shortcomings of the existing legal methods and methods of influencing foreign employers (shipowners) violating the rights of seafarers, which have a negative impact on the effectiveness of the implementation of the real provision of their labor rights, are revealed. It is predicted that the problem of social vulnerability of seafarers engaged in labor activities on ships of foreign shipowners or on ships of Russian shipowners who have been transferred to a foreign “convenient” flag will worsen, due to the fact that the protection of labor rights has a pronounced international emphasis, and difficulties in solving such issues in the mode of traditional diplomacy are possible. The article explores the search for ways and mechanisms aimed at protecting seafarers from the actions of unscrupulous shipowners, as well as preventive steps to minimize the cases of abandonment of seafarers without means of livelihood in a foreign port, taking into account the trends of the latest legislation and the needs of emerging practice.
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Sobre autores
Maria Rosenko
Sevastopol State University
Autor responsável pela correspondência
Email: Mariyair@mail.ru
Doctor of Political Sciences, Associate Professor, Professor of the Department of Constitutional and Administrative Law at the Law Institute, Sevastopol State University
Rússia, 33 Universitetskaya str., 299053 SevastopolElena Skrebets
Sevastopol State University
Email: l_skrebec@mail.ru
Doctor of Political Sciences, Associate Professor, Head of the Department of Civil Law and Process at the Law Institute, Sevastopol State University
Rússia, 33 Universitetskaya str., 299053 SevastopolBibliografia
- Cotton S. The Qaaswa crew was repatriated after 13 months of ordeal // ITF Marine Bulletin. 2020. No. 34. P. 5 (in Russ.).
- Melik-Shakhnazarova E. The trade union is concerned about the repatriation of Russian sailors from abandoned ships // Solidarity. The Central Trade Union newspaper. 2022. 11 Apr. [Electronic resource]. – Access mode: URL: https://www.solidarnost.org/news/profsoyuz-ozabochen-repatriatsiey-rossiyskih-moryakov-s-broshennyh-sudov.html (accessed: 10.12.2022) (in Russ.).
- Carballo Piñeiro L. 2020. Implementation challenges for seafarers’ social security protection: The case of the European Union // International Social Security Review. 2020. Vol. 73. No. 4. P. 17.