Inland sea waters are part of the state to whose coast they approach. They are subject to the sovereignty of a given state.
What applies to these waters?
So, in order. According to the Federal Law "On Inland Sea Waters …", theomin is used in relation to:
- To the ports of the Russian Federation, limited by a line passing through the most remote points of their permanent structures.
- To bays, bays, lips and estuaries, with full access to the coasts of the Russian Federation, to a straight line passing from coast to coast where there is the highest tide, with passages (or one) first formed from the sea side, while the width of each should not exceed 24 nautical miles.
- They are in excess of the width of a given width when they are historically owned by our state.
This provision of the Law "On Inland Sea Waters …" is consistent with the 1982 UN Convention.
Examples of objects in question
The internal sea waters of the Russian Federation include those of the Kara, Chukchi, East Siberian seas and the Laptev Sea.
Historic sites 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 committed on foreign vessels in inland waters should fall under the criminal jurisdiction of the state to which they belong. However, in most cases, the judicial authorities do not apply it in bilateral agreements unless such a request comes from the country on whose ship the crime was committed. There is also a policy of non-interference in the non-proliferation of the consequences of the crime in this territory, with unaffected security and 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 respect to civil jurisdiction against violators who invaded the state’s internal sea waters, measures may be taken to detain and arrest foreign vessels, but in practice civil claims against such vessels located in the coastal territory of a given country do not apply. The latter condition may be violated if the lawsuit is connected with the state, citizens or business entities to which the objects in question belong.
Foreign vessels must allow representatives of local authorities to carry out sanitary, immigration and customs control, who can determine the procedure for admitting foreign citizens to the territory controlled by these authorities, issues of safety and health of individuals. In case of violation of the rules, administrative responsibility may follow.
The concept
The Federal Law "On Inland Sea Waters …" introduces the concept of the territorial sea. The latter is understood to mean the sea belt, which is adjacent to the object in question 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 intersection of inland sea waters and the territorial sea without violating the peace, order and security of the state, to the sovereignty of which these entities belong.
Passage must be ensured by compliance with the rules established by the country. When passing 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 for the territorial sea
A foreign ship following this route is not subject to the criminal jurisdiction of a country whose sovereignty extends to the territorial sea, except for the following cases:
- if the committed crime on board spreads to a coastal country;
- in case of violation of calm in the state and order in this sea belt;
- if the consul or diplomatic representative of the country under whose flag the ship is sailing, or his captain does not make an official request for help;
- if necessary, to prevent the trade in drugs and drugs belonging to this group;
- in other cases provided for by international treaties.
When passing through this sea zone at the end of the exit from inland sea waters, the coastal country may take any measures to arrest and carry out an investigation on board this vessel. The latter actions cannot be carried out if the passage into territorial waters was made without entering into inland waters, except in cases concerning the protection of the marine environment and violations of the rules on the protection of the exceptional exon and continental shelf.
A ship of a foreign state passing through territorial waters cannot be stopped to exercise civil jurisdiction over any person on board. Penalties and seizures in the framework of these cases can be applied to a vessel that has docked in the territorial sea, or is making passage through it after the exit from the object under consideration of the article has been completed.
Legal regime of inland waters
Bays are recognized as historical if, because of their geographical location, they are of great importance for the economy and ensuring the safety of the coastal state.
Hudson Bay in Canada, Bristol in the UK, Monterey in the United States, and the West Fjord in Norway can serve as examples of historical inland marine waters in the world.
By the law of the Russian Federation of July 16, 1998, all seaports on the territory of the country are open for calling inco-ships, with the exception of the military and state ships, used for non-commercial purposes. Foreign vessels, together with the crew and passengers on board, while in 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 binding on all non-military foreign courts.
Research activities, various types of fisheries can be carried out by the latter, based on 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 vessels in ports is free and free. In case of using technical means, using lighthouses, warehouses, moorings, rendering any services, a fee is charged.
Features of the passage of inland sea waters by warships and their entry into ports
Duty is not taken from these vessels arriving at the port, and they are exempted from customs inspection. But in the case of unloading of goods ashore, it is carried out under the supervision of customs authorities, and they are already taxed. Warships in the facilities considered in this section are inviolable. No coercive actions against them can be used. But they must comply with the legal acts of the state into whose waters they entered. If they are not observed, the country with the established right over the objects under consideration has the right to invite these ships to leave inland waters.
Requirements for ships leaving the facilities in question
To ensure the safety of cargo, the safety of the crew and passengers on board, and the safety of navigation, such requirements are imposed on all ships that leave both ports and inland sea waters. They should be examined by coastal officials.
The equipment on the ship must be in such a condition that will ensure the safety of going out to sea both for the ship itself and for all crew members and passengers on board. If the requirements are not met, going beyond the limits of inland waters may be prohibited.
