On safety issues at water transport facilities

Sotnikova Yuliya Vasil'evna ORCID: 0009-0007-5340-1886 Postgraduate student; St. Petersburg University of the Ministry of Internal Affairs of Russia 191119, Russia, Saint Petersburg, 80 Marata str., sq. 6 tsvetkovaanna76@yandex.ru

Introduction

Transport infrastructure plays a key role in public life, which underlines the importance of issues related to ensuring protection on water bodies. With the increasing number and variety of navigable vehicles, there is a need to develop new methods to ensure their safe operation. The use of water transport involves the use of sea and river transport facilities, each of which has its own specific characteristics and functions in the transportation process. In this regard, the main task is to identify effective measures aimed at improving the safety of water transport infrastructure facilities.

The geographical location of our country is characterized by the presence of a large number of sea and river routes, which are used not only for cargo transportation, but also for tourist purposes. This necessitates the operation of infrastructure facilities located on the shores of reservoirs, as well as the development of water transport. These routes are of great importance for the economy of the regions, as they provide access to remote areas and contribute to the development of local businesses. Tourist routes along rivers and seas attract many tourists every year, which increases the level of tourism in the region and creates new jobs in related industries.

Activities related to the use of water transport facilities are also carried out in such areas as the use of small vessels as a means of transportation, as well as for commercial purposes, carrying out transportation, or for entertainment events of citizens. Some Russian citizens carry out fishing using small vessels. At the same time, such services can be provided to citizens without meeting proper security requirements. It is difficult to imagine the implementation of these types of activities for the use of water bodies outside the safety category.

Safety issues on water vehicles and structures for inland waterways in Russia are regulated by the Code of Inland Waterway Transport of the Russian Federation. This regulatory legal act sets standards for safe navigation, protection of citizens' health, protection of ports and reservoirs, as well as providing high-quality services on water resources. Supervision of small vessels operating for non-commercial purposes, as well as supervision of the safety of people in reservoirs and the organization of rescue operations is carried out by the Ministry of Emergency Situations of the Russian Federation.

Ensuring the safety of water transport, it is necessary to take into account many legal norms. The fundamental document is the Code of Inland Waterway Transport of the Russian Federation (hereinafter referred to as the KVVT of the Russian Federation).

Despite the lack of a clear definition of the term "water transport safety", many provisions of this Code address important aspects of this area. The analysis of these legal norms, depending on the objects of protection, allows them to be combined into groups, each of which corresponds to a certain type of security at the IWT. The first group ensures navigational safety and is described in one of the chapters of the KVVT of the Russian Federation; it covers all actions related to the operation of ships on inland waterways. The responsibility for maintaining safety lies with shipowners, infrastructure owners and the administration of inland waterway basins. Shipowners are obliged to develop and implement a ship safety management system and provide a crew that meets the requirements ^{[1, p. 68]}.

It is necessary to maintain the infrastructure in proper condition and timely inform about threats. Responsibility for the control of safe shipping operations rests with the administration of the basins of inland waterways. In addition to the provisions of the KVVT of the Russian Federation, there are additional rules regulated by the Ministry of Transport of the Russian Federation, which require shipowners to draw up plans of measures to ensure safety during navigation. These regulations contain measures to ensure the safety of navigation of the vessel along the entire route, allowing, taking into account the dimensions of the vessel, to pass through locks and under bridges. Captains are required to follow the instructions of the port captain regarding security measures. The departmental instructions also set out the requirements for technical standards for the safe operation of ships, emphasizing the relationship between shipping safety and maintenance.

It is worth noting the recommendations contained in the rules for creating a safety management system on board, which offer algorithms for responding to emergency situations. The responsibility for the implementation of this system is once again assigned to shipowners, and its availability is a prerequisite for obtaining a license to carry out transport operations. However, the practice of security management does not take into account the requirements regarding anti-terrorist measures for ships, which can significantly reduce the overall level of their security.

Materials and methods

When writing the article, we used statistical data from the Ministry of Emergency Situations of Russia, rules and recommendations for water safety, rules of conduct in extreme situations on the water, as well as regulatory documentation establishing legal instruments for regulating safety in water transport.

During the writing of the article, an analysis of existing studies on safety in water transport was carried out, as well as a review of the regulatory framework and international standards. In addition to theoretical research methods, statistical methods and generalization methods were used.

Results and their discussion

In the scientific legal literature, the issues of transport security have been studied in sufficient depth, but safety at water bodies remains an almost unexplored area. An analysis of the scientific literature has revealed some authors who are studying this topic.

Thus, V. V. Karetnikov, K. I. Efimov, A. A. Sikarev, considering the risks in inland waterway transport, associate the concept of "risk" with accidents in water transport. According to the authors, in order to ensure safety in water transport and prevent accidents, it is necessary to "identify potential hazards before they develop into real events (accidents, incidents), and take the necessary measures to eliminate them, i.e. timely create protective "barriers" to the development of those events that can cause transport accidents, injury or death of people, environmental pollution, causing material damage" ^[2].

According to V. L. Mikheev, transport security should be considered as "a complex concept covering not only maritime transport and its infrastructure, but also other parts of the complex" ^[3].

Lyashenko E.A., exploring the legal aspects of safety in water transport, focuses on the need to develop standards and regulations in the field of maritime and river navigation ^[4].

Thus, the scientific research discussed above is aimed at replenishing the science of administrative law with provisions on methods, tactics and forms of ensuring safety at water bodies.

The statistics of accidents on water bodies in 2023 are characterized by the following data. The number of incidents on water bodies in 2023 decreased by 4% compared to 2022 (in 2022 – 3,639). The number of deaths at water bodies in 2023 decreased by 4.1% compared to 2022 (in 2022 – 3,189 people). The number of injured at water bodies in 2023 increased by 3% compared to 2022 (in 2022 – 5,696 people). The number of rescued at water bodies in In 2023, compared with 2022, it increased by 20.1% (in 2022 – 1,556 people). In 2023, 31,845 administrative incidents were registered on the water bodies of the Russian Federation, which is 2.31% higher than in the same period last year (in 2022 – 31,125), of which 26,936 c bringing to administrative responsibility in the form of imposing administrative fines on citizens (an increase of 6.25% (in 2022 – 25,352)) ^[5].

Figure 1 shows the dynamics of incidents on water bodies in the context of the subjects of the Russian Federation.

Fig. 1 – Dynamics of incidents on water bodies in the federal districts of the Russian Federation for 2022-2023.

Compiled by the author according to ^[5]

Having analyzed the dynamics of incidents at water bodies in the federal districts of the Russian Federation for 2022-2023, the following can be noted. First of all, there is a general decline in the number of incidents in most regions. Thus, in the Far Eastern Federal District, there was a slight decrease in cases from 383 in 2022 to 375 in 2023. In the Ural Federal District, there was an even more significant decline – from 320 to 294 cases over the same period. A similar positive trend is also observed in the Southern and North Caucasian Federal Districts.

At the same time, there are regions where the number of incidents has not only not decreased, but also increased. In the Siberian Federal District, the number of incidents increased from 380 to 390 cases. The Volga Federal District maintains a consistently high level of incidents – 829 cases in 2022 and 833 in 2023. Special attention is drawn to the Central Federal District, where there was a significant decrease from 619 in 2022 to 497 in 2023, which shows a significant improvement in the situation.

Table 1 shows the data of the Ministry of Emergency Situations of the Russian Federation on the number of injured, injured and dead as a result of accidents at water bodies.

Table 1 - The number of injured, injured and dead as a result of accidents at water bodies in the subjects of the Russian Federation in 2022-2023

Compiled by the author according to ^[5]

The analysis of data on the number of dead, injured and rescued people on water bodies in different federal districts of Russia for 2022 and 2023 shows various trends that require analysis and measures to improve safety. In some regions, the death toll has decreased, such as in the Far Eastern and Central Federal Districts, which indicates possible improvements in the field of water safety and emergency measures. However, in other districts, such as Privolzhsky and Yuzhny, the numbers remain high, which requires further attention and additional preventive measures.

Special attention should be paid to the noticeable increase in the number of rescued people in such districts as the Far East and North-West, which indicates more efficient work of rescue services or improved rescue infrastructure. The introduction of such successful practices in other regions of the country, especially where the number of dead and injured people remains high, can significantly reduce risks.

It is also noteworthy that the new territories – Donetsk and Luhansk People's Republics, Zaporizhia and Kherson regions – began to provide such statistics only in 2023, which is important for a full understanding of the situation on water bodies throughout the country. In a short time, a valuable data set was collected, which will become the basis for further efforts to ensure security in these regions.

Thus, the data indicate the need for a long-term and comprehensive approach to analyzing incidents at water bodies and improving safety. Preventive measures, adequate funding for rescue services and effective educational campaigns can significantly reduce the number of tragic accidents and make water recreation safer for all Russians.

The safety of the population at water bodies is the required level of protection of the population achieved by the effective implementation of a set of measures for the prevention (prevention) of accidents with people at water bodies and the performance of search and rescue and (or) emergency rescue operations in the event of the occurrence and elimination of the consequences of natural or man-made emergencies at water bodies.

The control and supervision of the use and protection of water bodies requires clarification of the powers and responsibilities of the authorities of the subjects. This includes conducting regular inspections and inspections, assessing the ecological condition of water bodies and taking measures to prevent their pollution. It is also important to develop a system of sanctions for violations of water legislation in order to ensure proper compliance with the rules by all users of water bodies.

Finally, participation in state monitoring of water bodies allows regions to receive timely data on the state of water resources and make informed management decisions. The creation of an integrated monitoring system providing for the exchange of information between federal and regional authorities will allow for a more effective response to environmental and social challenges related to water resources. Joint efforts in the field of protection of water bodies contribute to the sustainable development of regions, maintaining their natural and economic potential ^{[6, p. 136]}

It is worth noting that water transport in Russia plays a key role in providing various sectors of the economy, such as trade, industry and agriculture. For many settlements in Russia, waterways are the main, and sometimes the only means of communication with the outside world. Therefore, even minor violations in the field of water transport safety can lead to serious consequences for both the economy and the social sphere.

Modern realities put before us the need for an integrated approach to safety issues in water transport. It is important to take into account not only engineering and technical aspects, but also to integrate them with a clearly defined legal framework. Technical measures such as monitoring, alarm and communication systems can significantly improve safety, but only if they are supported by laws and regulations governing their use and control.

Organizational measures covering staff training, development and implementation of plans for the prevention of offenses and emergencies are a key element of an integrated security system. Coordination of the actions of all actors involved in the process, from ship captains to representatives of law enforcement agencies and rescue services, should be structured in such a way as to ensure prompt and effective response to any threats. Special attention should be paid to the training of personnel who must be proficient in modern methods and means of ensuring security.

International cooperation is also an important aspect. Water transport, by its nature, is not limited to national borders, and the creation of a global security system requires coordinated efforts by various States. The introduction of common standards, the exchange of information and experience will improve the overall security indicators at the international level. Cooperation with international organizations, such as the International Maritime Organization (IMO), should be maintained and strengthened in order to develop and implement best practices in the field of safety in water transport ^{[7, p. 36]}.

Thus, an effective water transport safety system should be based on the integration of engineering, organizational and legal measures supported by international cooperation. Only such an integrated approach will be able to ensure high standards of safety and sustainable operation of water transport in modern conditions.

Despite the conducted research, to date there is no comprehensive study determining the place of transport safety in the structure of water transport safety, their correlation and features of legal regulation. The issues of uniform interpretation of terminology used in regulatory legal acts in the field of transport industry and in the field of ensuring transport security remain relevant; establishing interaction between entities engaged in the protection and protection of river transport facilities; improving the current administrative and legal mechanism for protection against acts of unlawful interference.

The Code of Inland Waterway Transport of the Russian Federation pays special attention to the safety of navigation. The developed norms and rules are aimed at preventing accidents and incidents, which is achieved, among other things, through strict control over the technical condition of ships and the professional training of crews. It is important to note that safety in water transport includes not only the protection of passengers and cargo, but also environmental protection, which is becoming increasingly important in the context of modern environmental challenges.

Mandatory requirements for the operational and technical operation of ships, as well as for the qualification and medical control of their crews, are regularly reviewed and updated in accordance with international standards and best practices of other countries. The introduction of monitoring technologies and traffic management systems has significantly reduced the number of navigation accidents. An important component is also effective interaction between various government services and authorities responsible for ensuring safety on waterways ^{[8, p. 206]}.

In addition, the role of information support and informing the management of shipping organizations about possible threats and risks is being updated. The establishment of clear communication and timely dissemination of information makes it possible to take preventive measures and respond promptly to emerging emergencies ^[6]. Effective interaction with the public, including regular informative campaigns, training in the rules of behavior on the water and training of rescue services, serves as an important element of the overall system for ensuring the safety of water transport.

Thus, the safety of water transport in the Russian Federation is based on an integrated approach that combines legislative and practical measures. Continuous improvement of the regulatory framework and technical means, as well as the involvement of advanced technologies and international cooperation, make it possible to achieve a high level of protection and safety that meets modern requirements and standards.

However, the very content of the concept of "safety of inland waterway transport" in the KVVT of the Russian Federation is not disclosed, but many legal norms are devoted to issues of its provision: safety of navigation (paragraph 4 of Article 1), navigation of vessels (paragraph 4 of Article 1, paragraph 2 of Article 30, paragraph 12 of paragraph 1 of Article 34.1, Article 41), their approach and parking (Articles 3, 56), technical operation (paragraph 3 of Article 31, paragraph 1 of Article 61), navigable (paragraph 4 of Article 4) and hydraulic structures (paragraph 1 of paragraph 2 of Article 4.1), loading and unloading operations (paragraph 2 of Article 56), inland waterways (paragraph 4, Article 4), occupational safety (paragraph 4, Article 28), fire (paragraph 1, paragraph 2, Article 4.1), environmental (Articles 34, 39, 40), sanitary (Article 34) and other types of safety (paragraph 3, paragraph 4, Article 34.1, Article 69).

The importance of systematization of legal norms on objects of protection is due to the need to ensure an integrated approach to safety in water transport. The first step in this direction involves the allocation of a group of norms aimed at protecting human life and health. These standards include requirements for the qualifications of the crew, standards of conduct on board, the mandatory availability of rescue equipment and equipment, as well as regular safety exercises and trainings. The safety of passengers and crew is a priority aspect in the water transport safety system, and relevant legal acts are required to take into account both international standards and national peculiarities.

The next group of norms is focused on the preservation of material values and the protection of property. This includes rules for the technical operation of ships, requirements for their condition and regular maintenance. Certain legal norms combine elements of monitoring and control over compliance with technical regulations, which minimizes the risk of accidents and damage to the vessel. Insurance is also an important aspect here, including both mandatory liability of shipowners and additional forms of insurance of risks associated with the operation of water transport.

The third key group is environmental norms and standards aimed at protecting the environment. It is important to note that water transport can have a significant impact on ecosystems, so legal acts include measures to prevent water pollution, prevent oil spills and other harmful substances, and regulate waste disposal and recycling. This category of norms is formed taking into account international conventions and agreements, such asThe International Convention for the Prevention of Pollution from Ships, which establish common standards and obligations for the participating countries. Meeting these requirements not only ensures the protection of natural resources, but also contributes to the long-term sustainable development of the marine industry ^[9].

Contradictions in legislation often relate to personnel qualifications and training requirements. For example, at the moment there are discrepancies in regulations regarding the requirements for the level of education and professional experience of transport security personnel. This leads to a situation where different departments and companies impose different requirements on their employees, which, in turn, creates chaos and does not contribute to improving overall safety in water transport.

In addition, an urgent problem is the imperfection of the monitoring and control system for compliance with transport security. Technical controls used on ships and in ports are often outdated or require modernization. This leads to the fact that many incidents and violations go unnoticed or do not receive proper assessment and response. It is necessary to strengthen control and upgrade technical equipment, which will help improve the efficiency of transport security services.

The work on a safety culture among court personnel and service personnel also plays an important role in improving the level of safety. Do not forget that even the most modern technical means will not be able to replace the care and responsibility of people. In this regard, it is important to pay special attention to education and training aimed at forming a correct perception of risks and developing skills for rapid and adequate emergency response.

The need to establish interaction between transport entities and public authorities to prevent emergencies has been repeatedly noted in scientific publications ^[10]. Some authors even propose to create monitoring centers in ports to coordinate all security services that ensure transport security ^{[11, p. 58]}. It is quite difficult to support such a proposal, since the uncertainty of the administrative and legal status of such centers will not allow them to regulate the activities of law enforcement agencies.

Thus, the safety of IWT navigation correlates with the transport safety of ships as a whole and frequent.

Conclusion

In conclusion, it should be emphasized the need for an integrated approach to solving the problem of ensuring safety in water transport. This requires both the improvement of legislation and the modernization of technical controls, as well as systematic work with personnel.

To improve legislation, as well as the modernization of technical controls in the field of transport security at water bodies, the following measures can be proposed:

- Development and adoption of a single standard and safety standards for water transport, including small vessels.

- Updating legislation in the field of training and certification of captains and crew members, including mandatory courses on navigation safety.

- Introduction of compulsory civil liability insurance for all types of water transport.

- The introduction of blockchain technologies to increase transparency and track the status of ships and cargo.

- The use of artificial intelligence to predict and prevent emergencies.

Only such measures together can significantly reduce the number of accidents and incidents on water transport, and therefore protect people's lives and property.