Inland sea waters are part of the state, to the coast of which they approach. They are subject to the sovereignty of this state.
What are these waters?
So, in order. According to the Federal Law "On inland sea waters …", theomin is used in relation to:
- Ports of the Russian Federation, limited by the line passing through the most remote points of their permanent facilities.
- Bays, bays, bays and estuaries, with full ownership of the coast of the Russian Federation, up to a straight line passing from coast to coast where the highest ebb is observed, with passages (or one) first formed from the sea, while the width each must not exceed 24 nautical miles.
- They are the same if the width of the specified width is exceeded when they historically belong to our state.
This provision of the Law “On Inland Waters…” corresponds to the provision of the UN Convention of 1982.
Examples of objects under consideration
To inland seaThe waters of the Russian Federation include the following: the Kara, Chukchi, East Siberian Seas and the Laptev Sea.
Historical properties include Peter the Great Bay, located in the Far East, with an entrance width exceeding 100 miles.
Jurisdiction in the objects in question
All crimes that are committed on foreign ships in internal maritime waters should be subject to the criminal jurisdiction of the state to which they belong. However, in most cases, in bilateral agreements, the judicial authorities do not apply it, unless such a request comes from the country on whose ship the crime was committed. Also, the policy of non-intervention is also present when the consequences of the committed crime do not spread to the given territory, with unaffected security and ensuring public order in the country, without affecting the interests of any persons other than crew members, and also in the absence of an international obligation of the state to intervene in this situation.
With regard to civil jurisdiction against violators intruding into the internal sea waters of a state, measures to detain and arrest foreign ships may be applied, but in practice civil claims against such ships located in the coastal territory of this country are not applied. The last condition may be violated if the claim is related to the state, citizens or business entities, which includeobjects in question.
Foreign ships must allow representatives of local authorities to conduct sanitary, immigration and customs controls, which can determine the procedure for admitting foreign citizens to the territory controlled by these authorities, issues of safety and he alth protection of individuals. If the rules are violated, administrative liability may follow.
Concept
The federal law "On internal maritime waters …" introduces the concept of the territorial sea. The latter is understood as the sea belt, which is adjacent to the object under consideration or to the land territory, having a width not exceeding 12 miles. Some maritime states have a 3 mile limit.
The territorial sea itself, the subsoil, the bottom and the air above it are the sovereign territory of the coastal state, but non-military foreign ships have the right to pass through this formation. This passage is called peaceful. It is understood as the crossing of internal sea waters and the territorial sea without violating the peace, order and security of the state, whose sovereignty these formations belong to.
Passage must be subject to the rules set by the country. During the passage of ships, a special navigation regime is provided for the Northern Sea Route. It is considered as a single transport communication of our country, and therefore its passage is carried out according to the rules established by Russia.
Jurisdiction forterritorial sea
A foreign vessel following this route is not subject to the criminal jurisdiction of a country whose sovereignty extends over the territorial sea, except in the following cases:
- if a crime committed on board extends to a coastal country;
- in case of violation of peace in the state and order in this sea belt;
- if the consul or diplomatic representative of the country under whose flag the ship sails, or its captain does not make an official request for help;
- if it is necessary to suppress the trade in drugs and drugs belonging to this group;
- in other cases stipulated by international treaties.
When passing through this sea belt, at the end of the exit from internal sea waters, the coastal country can take any measures to arrest and investigate on board this vessel. The latter actions cannot be carried out if the passage into territorial waters was made without entering internal waters, except in cases related to the protection of the marine environment and violations of the rules on the protection of the exclusive exon and the continental shelf.
A ship of a foreign state passing through territorial waters cannot be stopped to exercise civil jurisdiction over any person on board. Pen alty measures and arrest in the framework of these cases can be applied to a ship that has made a stop in the territorial sea,or passing through it after exiting the object of consideration of the article.
Legal regime of inland maritime waters
Bays are recognized as historical if, due to their geographical location, they are of great importance for the economy and security of the coastal state.
Hudson Bay in Canada, Bristol Bay in the UK, Monterey in the US, West Fjord in Norway are examples of historical inland waters in the world.
By the Law of the Russian Federation of 1998-16-07, all seaports in the country are open for the entry of inships, with the exception of military and government vessels used for non-commercial purposes. Foreign vessels, together with the crew and passengers on board, while in the port, are subject to the jurisdiction of the country to which the port belongs.
The legal regime of the object in question is determined by the national legislation of the state, whose sovereignty over them is established. It is mandatory for all non-military foreign vessels.
Research activities, various types of fisheries can be carried out by the latter on the basis of special international agreements or with the permission of the relevant authorities of the state to which these waters belong. At the same time, the entry and stay of foreign ships in ports is free and free. In case of using technical means,the use of lighthouses, warehouses, berths, the provision of any services will be charged.
Features of the passage of internal sea waters by warships and their entry into ports
No duties are taken from these ships arriving at the port, and they are exempt from customs inspection. But in the case of unloading cargo ashore, it is carried out under the supervision of the customs authorities, and they are already subject to duty. Warships in the objects considered in this section have inviolability. No forced actions can be used on them. But they must comply with the regulatory legal acts of the state into whose waters they entered. If they are not observed, the country with the established right over the objects in question has the right to offer these ships to leave internal waters.
Requirements for ships leaving the objects in question
To ensure the safety of cargo, the safety of the crew and passengers on board, the safety of navigation, such requirements are imposed on all ships that leave both ports and inland sea waters. They must be witnessed by officials of the coastal country.
The equipment on the ship must be in such a condition that it will ensure the safety of going to sea both for the ship itself and for all crew members and passengers on it. If the requirements are not met, entry outside the internal waters may be prohibited.
In closing
Thus, inland sea waters aresuch waters that are adjacent to the coastline of a particular state; their sovereignty extends to them. The width of the entrance to bays, estuaries, bays, bays should be no more than 24 nautical miles. This ban can be lifted when the territory is attributed to the historical belonging of a certain country.
