RISK FACTORS ON WATER TRANSPORT
Authors:   National University «Odessa Law Academy», Ukraine, Slatvinskaia Valeriia , Vasilenko Nikolai ,   National University «Odessa Law Academy», Ukraine
Published: May 2021

The subject of the study is transportation by waterways, in particular, the activity of sea and river transport in conditions of occurrence of unfavorable conditions, the interaction of the ship's crew and the behavior of ship personnel when making decisions on water transport, manifestations of risky events and negative consequences on waterways, decision-making by the boat master in stressful, force majeure, regular and emergency situations. Methodology. The activity of water transport is inherently a complex system. At the same time, it is even more complex than the organization of IT technologies. Given this, the methodology for studying water transport risk factors is comprehensive. Among the constituent elements, we note: An interdisciplinary approach using the methods of risk theory, Probability Theory, risk management theory, transport law theory, IT law theory, psychology, etc. The aim of the study is to find out the risk factors inherent in the water transport industry. Risks in water transport are difficult to predict since foresight is not always an objective category. The objective side of risk in this case is manifested in the fact that it reflects real-life phenomena, processes, and aspects of life. The objective side of risk is since the risk exists regardless of how it is realized, considered, or ignored. The objective side is determined by the probabilistic nature of many processes, and the multivariance of relations. In addition, the risk remains associated with the choice of certain alternatives, calculating the probabilities of their outcome. So, from this understanding it follows that its nature is broader and is associated with the laws of development of the external and internal environment of the organization, as well as with the presence of contradictory trends, imperfection, spontaneity and randomness of events and phenomena. This means that there is and manifests another side of risk – the subjective one. It is obvious because people perceive the same state of risk differently due to different psychological, moral, ideological, religious principles and attitudes. Here, the manifestation of the subjective side is also not in doubt. At the same time, the operation of water transport in a modern economic format requires anticipating and preventing crisis phenomena, reducing the negative consequences of internal and external factors. For an objective assessment of the risks of water transport activities, it makes it necessary to choose effective methods of managing them and requires an adequate scientifically based classification of risks, taking into account the specifics of the functioning of water transport enterprises. The scientific novelty is as follows: for the first time, risk factors in water transport are analyzed; for the first time, it is proposed to consider the behavior and necessary competencies of a ship operator when operating a ship in an emergency situation from the point of view of social engineering; the previously proposed indicative risk factors associated with maritime navigation are supplemented; it is proved that the risks that arise during navigation are fundamentally related to unfavorable living conditions (functioning of the team organization under the sole chairmanship of the captain, as well as his ability and the ability of ship officers to make the right decisions not only in regular situations but also in force majeure conditions (emergency situations). Risks in navigation in emergency situations are caused by dangerous phenomena (force majeure) in the natural, man-made and social environment caused by negative trends in the development of events that lead to dangerous crisis situations when it becomes necessary to take the right actions to overcome the danger.