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  1. 3 Prawo Morskie

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  1. 3 Luczywek C.

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  1. 2 2005

  2. 1 2004

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1

Polish and British criminal regulations for captains of sea vessels (Part 2)

100%
Luczywek C.
Prawo Morskie
|
2005
|
vol. 21
183-217
EN
The comparison of the criminal code in Polish maritime law with that of the British M SA '95 is problematic for several reasons. Firstly, there are far fewer such regulations in the Polish law. Of the five maritime statutes analyzed, only fifteen regulations relate directly to captains. Secondly, the way in which they are regulated is completely different. Polish statutes are often formulated very generally and are wide ranging, while British statutes describe penalties in detail. Legal proceedings in the two systems are also incomparable. According to British law, all proceedings regarding cases of illegal acts must be held in the courts. Illegal acts committed by the captain of a Polish vessel or the foreign captain of a vessel in Polish inner or territorial waters are subject to investigation by the maritime administrative body (director of the Maritime Office). Thus, it is a state administrative body that has jurisdiction in determining guilt and issuing a penalty for a vessel captain according to its own criteria. Of all the maritime regulations, only with regard to regulations based on the Labor Code concerning employment on merchant marine vessels can a vessel captain be held responsible in front of a court of law. Despite the differences presented with regard to illegal acts that vessel captains can commit, there are many analogies and similar regulations in both of these legal systems. They are most similar with regard to international agreements that have been ratified by both countries. A total of fifty criminal acts in the British MSA '95 were analyzed in this work. The penalties captains face are described in the acts and range from a Ł500 fine to two years in prison.
2

Criminal regulations for ship captains in Polish and English law (Part 1)

100%
Luczywek C.
Prawo Morskie
|
2004
|
vol. 20
55-87
EN
The comparative study of legislation from two different legal systems is difficult. Further complications are encountered when the legislation in question comes from such different legal systems as common law and continental law. The author analyzes and compares the regulations of the English Merchant Shipping Act from 1995 with the Polish maritime code and the four main marine acts: on Polish marine areas and maritime administration; on maritime safety; on the prevention of marine pollution by vessels; on employment on merchant vessels. These acts are discussed from the position of the responsibility of the merchant vessel captain who violates them. One of the basic features of the English criminal code is that every punishable act is regarded in a strict sense as a crime. English law does not recognize the division into crimes and offences. The classification of all punishable acts as crimes in the strict sense means that all of them fall within the jurisdiction of the common criminal courts.The author analyzes crimes against vessel nationality, the flag, and the credibility of documents. Violations in regulations regarding safety are also addressed.
3

Maritime law in the USA - contemporary systematics, sources and description of selected legal acts

100%
Luczywek C.
Prawo Morskie
|
2005
|
vol. 21
115-172
EN
This paper presents a short description of about two hundred selected regulations from the broad field of maritime law. For the purpose of simplicity, they were categorized according to current trends in maritime law theory. The author created several groups of acts, the rules of which belong to the same legal branch, i.e., maritime administrative law, maritime civil law, maritime labor law, maritime criminal law, regulations on marine fisheries and the protection of marine resources, international maritime law. The tasks of the American Coastguard, the body responsible for executing maritime law in the USA, are also discussed. For over a century and a half maritime law only regulated relationships within marine sailing. The vessel, as a transporter of cargo, constituted the central point in this approach, which led maritime law to come to be viewed as a segment of shipping law. It was not until the second half of the twentieth century that legislation began to regulate aspects other than sailing. This was in response to the broadening of human activity in the marine environment and led to changes in the understanding of maritime law. However, the advantage of statutory law over common law is clear. An example of this is the total revision of American maritime law in 1983 and the introduction of United States Code Title 46 Shipping to statutory law. It should also be emphasized that these changes left only skeletons of many of the older maritime laws. This should be borne in mind when researching original congressional documents especially since there is no practice of issuing standardizing legislation in the American legal system. American law is comprised of a collection of legislation that is difficult to navigate for those unaccustomed to working with a legal system that originated from common law. The content of this paper, thanks to its original, up-to-date, and reliable information, constitutes a compendium of knowledge regarding the contemporary regulations of the statutory maritime law of the USA.
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