Today, perhaps, the most global problem on the Internet is the problem of Internet piracy, which is closely related to the accompanying problem - copyright infringement. Everything is “leaked” on the Internet: from music and pre-premiere screenings of films to unpublished scientific papers and confidential documents. The reason for this phenomenon is, first of all, imperfect and inefficient legislation, both at the level of global organizations and at the level of individual countries. About the types, methods and features of the fight against Internet piracy later in our article.

Types of Internet piracy

All types of Internet piracy are divided into 5 large categories:

1. Video piracy- implies the illegal distribution of copies of films or TV programs on external digital media (discs, cassettes). This happens by copying and uploading to the Internet.
2. Audio piracy– copying and distribution of copies of music albums and individual compositions.
3. Literary piracy is the most obvious example of copyright infringement, when electronic libraries appear on the Internet, providing the opportunity to download as yet unpublished books, essays and other literary works.
4. Software piracy- illegal "draining" of programs and software products that are still at the development stage. This type of piracy also implies the possibility of removing the protection system set up to prevent the illegal use of copyrighted products.
5. Piracy of computer games is one of the most widespread types of piracy on the Internet.

Existing legal problems
on the issue of Internet piracy in the world and in Ukraine

The main reason for Internet piracy is the imperfect legislation of the countries of the world that would regulate this issue. The lack of an effective mechanism for influencing violators, as a result of the failure of the legislative and regulatory framework in many countries of the world, has led to the fact that the problem has become global.

Today, the world community is trying by all means to develop an effective mechanism that would simplify and speed up the ability to control copyright protection on the Internet. The confirmation of the latter are:

• EU Directive on Electronic Commerce;
• HADOPI is a law passed in France in 2009;
• DMCA Law (USA);
• ACTA law.

As for Ukraine, in our country the issue of combating piracy until 2014 was not considered systematically with the further development of the legislative framework and its entry into force. It is precisely because of such a negligent attitude to a globally significant problem that the level of piracy in Ukraine has become massive.

The current Law of Ukraine "On Copyright and Related Rights", adopted back in 1993, provided only for the protection of property and non-property rights of copyright subjects, which did not deal with the protection of copyright and intellectual property rights on the Internet. And only at the end of October 2014, the Cabinet of Ministers approved the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Protection of Copyright and Related Rights on the Internet”, the purpose of which is to introduce existing mechanisms to counter Internet piracy.

According to the US Trade Mission, the Motion Picture Association of America and the International Intellectual Property Alliance, Ukraine has been a leading copyright infringer and distributor of unlicensed products on the Internet for several years. It is very important for Ukraine to get rid of the negative image regarding Internet piracy. This is the only way our country can attract existing business assets, and hence large-scale investments.

Until 2014, the fight against Internet piracy was discussed in the context of piracy as a phenomenon, with little attention paid to pirates as subjects. The new draft law provides not only for blocking pirated content (including the pre-trial possibility of its complete removal), but also sanctions against individuals (both Internet pirates themselves and those who publish their content on their web resources). So, for example, entities that refuse to remove pirated content from their resource are subject to a fine of 500 to 1000 tax-free minimum income for failure to comply with the requirement to block illegal content that violates copyright. Fines in similar amounts threaten those entities that refuse to identify a user of their site caught in piracy.

It is assumed that this draft law will help bring the legal framework of Ukraine closer to EU legislation, which will ensure a noticeable decrease in Internet piracy in our country, and as a result, not only improve our image in the eyes of the West, but also have a beneficial effect on domestic culture and economy, giving an opportunity to develop the Ukrainian TV market and cinematography.

Methods of combating Internet piracy

Undoubtedly, the most important method of combating Internet piracy is the reliable protection of proprietary products. However, as domestic and world practice shows, today hacking security software is rather a separate type of Internet piracy than a method of combating it.

To date, experts identify three main methods of combating virtual piracy:

1. Education. It implies holding seminars, conferences, organizing forums where lecturers would raise this issue on a larger scale. The purpose of such events is to convince a potential virtual "thief" of the negative side of appropriating someone else's property posted on the Internet without the permission of the owner.
2. Propaganda. Its purpose is a clear demonstration of the advantages of licensed products and the disadvantages of pirated copies. One of the effective options for such propaganda is the organization of PR campaigns in the media, focusing on the problems of copyright assignment, theft of intellectual property through illegal copying, downloading and using products on the Internet.
3. Power technique. Provides for the identification and bringing to criminal or administrative liability of manufacturers (distributors) of illegal products on the Internet. This method of struggle is the most effective, but also the most difficult.

The effectiveness of the fight against Internet piracy has already been proven by many countries. Among: USA, France, Netherlands, Denmark, Sweden, Japan. The effectiveness of their methods is not only in the legal regulatory framework that properly regulates this issue, but also in the personal responsibility that citizens themselves feel, which means that they do not risk breaking the law.

How they fight Internet piracy in different countries

The most loyal and at the same time effective way to combat Internet piracy was developed in France. Hadopi Law is a "three warnings" project. The violator receives the first warning about the imposition of sanctions by e-mail, the second warning is an official message about copyright infringement by the Internet user, the third warning (it is also the last one) is a reason for action: an authorized special agency is looking for the offender and deprives him of access to the Internet, for a period set by the commission. In addition, this agency fines an unlawful citizen for a very tidy sum.

The most confusing, but at the same time loyal to Internet users, is the anti-piracy bill developed in the Netherlands. So, for example, users are allowed to download movies and music, but only if they do not pursue commercial intent. However, downloading software is outside the scope of this right: copying and distributing any unlicensed software is punishable by a fine. All existing torrent trackers, whether with literature, music or cinema, are declared illegal and have no place on the World Wide Web, so the distribution of any audio, video or literary material (originally uploaded for non-commercial purposes) is punishable by the current legislation of the Netherlands.

Perhaps Japan took the fight against Internet piracy most seriously by adopting a radical law: any Internet user who illegally downloaded a file from the Internet (of any content) must pay a fine of 25 thousand dollars. An alternative to paying a fine is serving a sentence in a prison colony for a period of 2 years. If a Japanese citizen not only downloaded, but also downloaded a file from his personal computer illegally, then the fine that he will have to pay will already be 130 thousand dollars, or 10 years in prison in case of non-payment.

How they will fight Internet piracy in Ukraine

Back in October 2015, as part of the reform of the law enforcement system, the head of the Ministry of Internal Affairs, Arsen Avakov, announced the creation of a cyber police, a special additional body that regulates legal activities on the Internet. The main task of the cyber police will be the protection of property rights in the virtual space, the fight against all manifestations of Internet piracy and the help of online specialists.

At the moment, a new law enforcement agency is being recruited, which implies an attestation competition for those who decide to become a cyber police officer, retraining of personnel and the creation of new functionality for a future law enforcement agency in Ukraine.

The main goal of the Ukrainian cyber police will be to counteract cybercrime through the implemented state policy in the following areas:

• Payment systems;
• Ecommerce;
• Economic activity;
• Intellectual property (Internet piracy and cardsharing);
• Information security.

In addition, the competence of the cyber police will include: timely informing the population about crimes that have occurred on the Internet; analysis of information on cyber threats and possible cyber crimes; cooperation with foreign colleagues in this matter; introduction of advanced computer technologies to detect violations in the virtual space; round-the-clock work of contact points, through which any Internet user can report an offense or consult on an issue of interest to him.

Be that as it may, the amount of illegal content, and with it illegal downloads on the Internet, is steadily increasing throughout the world. Weak legal regulatory mechanisms and lack of personal responsibility of users are the main reasons for the growth of Internet piracy to this day. Meanwhile, a wave of protests and actions of "pirate" parties periodically sweeps around the world, advocating the possibility of free downloading of films, music and software. Their main slogan is the freedom and inviolability of the personal life of a person and a citizen.

INTRODUCTION

CHAPTER 1

1 Modern piracy: concept, main characteristics and types

2 Characteristic features of piracy under the Criminal Code of the Russian Federation

CHAPTER 2. INTERNATIONAL LEGAL REGULATION OF PIRACY: PROBLEMS AND PROSPECTS

1 International anti-piracy system

2 Anti-piracy measures

CONCLUSION

LIST OF USED SOURCES

INTRODUCTION

The relevance of the research topic is predetermined by the high degree of public danger of such an act as piracy, as well as the rapid increase in the number of registered pirate attacks on aircraft and ships.

Freight companies are forced to develop routes, bypassing places where pirates often attack. This, of course, leads to an increase in the cost of freight.

It should be noted that the actions of pirates often lead to the death of crew members and passengers, causing property damage, material losses to the ship owner, and environmental pollution.

This situation urgently requires a timely and complete solution. The measures taken by the world community are currently insufficient and not fully effective.

This necessitates further study of this area and the development of new methods and ways to solve the problem under consideration.

In legal science, you can find quite a lot of works on the topic under consideration.

However, it should be noted that the aspect of the international problem of piracy was not touched upon in these works. They were devoted to the legal regulation of the fight against piracy in the Russian Federation. It is impossible to single out studies that consider the protection against piracy in international law as a whole.

The purpose of the work is to study the international legal problems of regulating the fight against piracy.

To achieve the goal, it is necessary to solve the following tasks:

1.Describe the basics of legal regulation of the fight against piracy, identifying the characteristic features of piracy.

2.To reveal problems and prospects of international legal regulation of piracy.

The object of the study is public relations in the field of international maritime piracy.

The subject of the study is international and domestic norms in the field of protection against piracy.

Various methods were used in the study. Among the main methods should be noted general for science, such as analysis and synthesis, induction and deduction, comparison, as well as special ones, which include structural-functional, system analysis, method, comparative legal method, formal legal.

The structure of the work is predetermined by the purpose and objectives of the study.

The work consists of an introduction, two chapters, a conclusion and a list of references.

CHAPTER 1

1.1 Modern piracy: concept, main characteristics and types

In international law, piracy is the illegal seizure, robbery or sinking of commercial or civilian ships on the high seas by privately owned or state-owned ships.

The history of the fight against maritime piracy dates back to antiquity. Many scholars say that piracy arose along with shipping. Even in ancient times, the Phoenicians were engaged in piracy. Later, the Greeks also became pirates. Over time, piracy in the Mediterranean reached such proportions that it began to threaten the existence of the Roman Empire. Not limited to sea robbery, pirates landed on the shore and robbed on the roads. Once, almost at the very gates of Rome, they captured for ransom two praetors, along with the lictors accompanying them.

During the reign of the dictator Sulla, Julius Caesar had to face pirates, be captured by them, stay in captivity for thirty-eight days, be ransomed for a large sum of money at that time and, most importantly, deal with his offenders, acting quickly, clearly, without even if he does not have the right to impose death sentences. Three hundred and fifty pirates captured by him were executed, and thirty leaders were crucified. After that, Caesar continued on his way to the island of Rhodes for exile on the orders of Sulla and managed in time to this magnificent tract of rhetoric.

With the fall of the Roman Empire, trade declined. Consequently, piracy also disappeared. It was only in the Middle Ages that trade revived and, along with it, sea robbery resumed.

Until the end of the XVIII century. the pirate fleet differed slightly from the merchant fleet. The merchant ship did not hesitate to board a merchant ship.

Over time, the attitude towards piracy has changed, the phrase appeared: "Pirata hostis humahi generis", which means: "A pirate is an enemy of the human race."

For a long time, piracy was considered an international criminal offense under customary law, and it was treated differently in different countries. For example, when the ship "Santa Maria" in Portugal in 1961 joined the rebels who seized the ship, they were declared pirates.

Currently, piracy is an extensive and dynamic system, with about 100 pirate groups. These groups are serviced by at least 20 large banks with branches in Asia and Africa. The ranks of pirates are replenished by persons recruited by large companies of international importance, the number of which is approaching 40 companies.

Piracy is a kind of criminal business, creating a danger to merchant shipping and air transportation.

It is believed that the most dangerous region, where attacks by sea pirates occur very often, is Southeast Asia, the Strait of Malacca and the coast of Africa. It is in this territory that piracy has the character of a real disaster. The prey of pirates are bulk carriers, small passenger ships, fishing boats, private yachts. In Malaysia, with the support of the International Maritime Organization at the UN, the Analytical Center on Piracy Problems was created.

In international law, the issues of piracy have been studied for a long time. But so far not a single special treaty on combating piracy has been worked out. These issues are considered directly in conjunction with other problems of the use of the high seas set out in the 1958 Geneva Convention on the High Seas and the 1982 UN Convention on the Law of the Sea.

Prior to the adoption of the Geneva Convention on the High Seas, piracy was a crime under customary international law. And the custom is easily amenable to contradictory interpretation, so in the legal literature there were a variety of definitions of piracy.

Article 101 of the 1982 United Nations Convention on the Law of the Sea is similar to the 1958 Convention on the High Seas definition of piracy, and describes it as “an unlawful act of violence and place outside the jurisdiction of any State."

The Rome Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in 1988, and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, have not fully addressed the identified shortcomings in the definition of piracy.

The Rome Convention does not extend its jurisdiction to the territorial waters of states out of respect for their sovereignty. The parties to the Rome Convention adopted the Protocol, which is only optional. He points out that platforms on the continental shelf may be the site of sea robbery.

If the piracy was committed in the territorial waters of the state or in another space to which its sovereignty extends, then the actions are evaluated according to national legislation.

Any state can adopt its own anti-piracy rule. At the same time, the norm should be universal in nature and realizing the possibility of prosecuting piracy committed anywhere and in any situation.

1.2 Characteristic features of piracy under the Criminal Code of the Russian Federation

Responsibility for piracy is provided for in Article 227 of the Criminal Code of the Russian Federation, enshrined in Chapter 24 “Crimes against public safety”.

The direct object of piracy are social relations that are developing in the field of ensuring the safety of sea and river navigation. Taking into account the mercenary orientation of this criminal encroachment, relations arising in the sphere of property act as an additional object. In addition, the violent nature of piracy obviously implies the presence of an additional object in the form of social relations that are developing regarding the protection of the right to life and health.

Piracy is defined in the Criminal Code of the Russian Federation as an attack on a sea or river vessel, committed with the use of violence or with the threat of its use. An attack as a socially dangerous act is a clearly expressed violent impact on a ship, its crew or passengers in order to take possession of other people's property.

It should be noted that the definition of piracy in the Criminal Code of the Russian Federation differs significantly from the interpretations of this action contained in international acts. If in international conventions piracy means any unlawful act of violence, detention or robbery committed for personal purposes by the crews of privately owned ships on the high seas or in any other place outside the jurisdiction of any state, then the Criminal Code of the Russian Federation defines piracy as “an attack on the sea or river vessel for the purpose of taking possession of other people's property, committed with the use of violence or with the threat of its use. The above definition, although based on the definition of piracy in international law, is narrower.

Article 227 of the Criminal Code of the Russian Federation lists only sea and river vessels as the subject of encroachment. It is not covered by the composition of piracy provided for by this rule, the mercenary attack on an aircraft located within the limits of national jurisdiction. The purpose of the piracy attack is overly narrowly defined.

In a piracy attack, the target of violence is not necessarily an individual. The attack may consist, for example, of shelling the ship, ramming it, boarding it, etc.

As ways of committing piracy, he named, for example, "the sinking of a ship, shelling, aerial bombardment, killing members of the crew or passengers of a ship under attack." The purpose of violence is always a mental impact on the crew and passengers of the attacked ship, in an effort to paralyze their will and desire to resist the actions of pirates to seize property.

Like robbery, banditry, the legislative structure of piracy is formulated according to the principle of a truncated composition, so piracy will be considered a completed crime from the moment the attack is committed. Thus, the very fact of forcible detention of the ship, not even considering the fact that it can be subsequently released, as well as the pursuit of the ship, accompanied by the use of physical or mental violence, should be considered a completed crime.

Piracy is committed with direct intent, in addition, the subjective side includes a special goal - taking possession of other people's property. The ship itself, its individual components and assemblies, including weapons and equipment, cargo, personal belongings of crew members and passengers can act as someone else's property. Attacks committed for other purposes, such as provoking hostilities, complicating relations between states, taking hostages, not involving the seizure of property, constitute other crimes. At the same time, it is possible to qualify for the totality of crimes.

The subject of piracy is a sane individual who has reached the age of 16. Taking into account the introduction in the Criminal Code of the real principle of the operation of the criminal law in space, persons who have committed piracy attacks on Russian ships are subject to liability under the Criminal Code of the Russian Federation. The real principle of the operation of the criminal law in space is for the first time enshrined in the criminal legislation of Russia (Part 3, Article 12 of the Criminal Code of the Russian Federation). It consists in the possibility of bringing any person, including a foreigner and a stateless person, to liability under the Criminal Code of the Russian Federation for a crime committed abroad, if it is directed against the interests of Russia, as well as in cases provided for by an international treaty of the Russian Federation. The interests of Russia should be understood not only as state interests, but also as the interests of Russian citizens.

Issues related to the content and application of the elements of piracy are not limited to the above. The very design of the specified corpus delicti is unsuccessful. First, the formulation of piracy as a form of robbery suggests that attacks are always carried out with the aim of taking possession of other people's property (the ship itself, its cargo, passengers' property, etc.). However, this Convention prescribes that attacks without the intention to take possession of another's property (for example, with the intention to sink a ship) also be classified as piracy. Taking into account the fact that international law takes precedence over national law, the fact that the domestic legislator limits the scope of Art. 227 of the Criminal Code of the Russian Federation.

Secondly, the essence of piracy as a type of criminal activity is not reflected in its composition. Based on the content of this provision, piracy can be carried out by one person, since the sign of an organized group is qualified. This approach is absurd. Piracy is a highly organized type of criminal activity that requires the involvement of a significant number of various people. In addition to those who attack, people are needed who will sell the stolen goods, negotiate a ransom, arm the pirates, supply them with information, and so on. That is why the 1982 Convention refers to piracy not only the attacks themselves, but also incitement to them, and the provision of any assistance in piracy. On this basis, we believe that piracy is a crime that is already initially related to organized crime. Therefore, piracy is possible only as part of an organized group or criminal community.

Thirdly, the content of the corpus delicti does not correspond to the goals of introducing Art. 227. When designating piracy as a chapter of crimes against public safety, the legislator took into account the fact that this type of criminal activity creates difficulties for maritime navigation. The purpose of this norm, it seems, was the fulfillment of Russia's international obligations to combat piracy as a phenomenon. And in this sense, the action of the norm should be aimed at combating the presence of pirate groups, and not at protecting specific ships from pirate attacks.

Based on the foregoing, it must be said that Art. 227 of the Criminal Code of the Russian Federation should contain a corpus delicti that describes piracy as a type of organized criminal activity aimed at carrying out armed attacks on ships. In this case, the composition of banditry (Article 209 of the Criminal Code of the Russian Federation) will be closest in structure and content to piracy. Thus, piracy is more appropriate to call "marine banditry", and not "piracy".

Conclusion: piracy criminal criminal business

The formulation of piracy similarly to banditry would eliminate all the previously indicated shortcomings of Art. 227 of the Criminal Code of the Russian Federation. In this case, the rule would take into account the organized nature of piracy, the intention to attack ships and would be aimed at combating the presence of piracy criminal groups. In addition, the proposed wording solves the problem of distinguishing between piracy and robbery. The composition of piracy would include the creation of a criminal group or membership in it, but not the piracy attack itself. Thus, in order to qualify piracy attacks, Art. 227 of the Criminal Code of the Russian Federation and Art. 162 of the Criminal Code of the Russian Federation.

It is also important to pay attention to the fact that in order to strengthen criminal repression for attacking ships, Art. 162 of the Criminal Code of the Russian Federation is a qualified sign providing for a robbery attack on these objects.

It should be noted that a project is currently being discussed in the State Duma to amend the Criminal Code of the Russian Federation, namely Art. 227.

However, in international law, acts that are committed on the high seas fall under the scope of piracy. In addition, the current law does not take into account the ownership of the ship's flag, form of ownership, type and type of ship.

CHAPTER 2. INTERNATIONAL LEGAL REGULATION OF PIRACY: PROBLEMS AND PROSPECTS

2.1 International anti-piracy system

The fight against piracy at sea is one of the main problems on a global scale, the solution of which directly depends on the system developed and implemented by states. International organizations occupy a special place in such a system.

Currently, the main organization created to strengthen peace and maintain security in the world is the United Nations (UN), which has representatives from 193 states.

The General Assembly was established in 1945 as an advisory, directive and representative body. Issues related to piracy increasingly began to appear on the agenda of the Assembly meetings. During the discussions, measures are being taken to combat it. It should be noted the adoption of the provisions of the Geneva Convention on the High Seas of 1958. and the 1982 UN Convention on the Law of the Sea.

It should be noted the Resolution adopted by the General Assembly in 1985, which recommends the International Maritime Organization to study in detail the issues related to terrorism and, as a result, take concrete measures. This act appeared as a result of a pirate attack on the Achille Laura liner. The more active the pirates become, the more actively international organizations begin to act, the more often proposals and projects are submitted for consideration by the General Assembly. Thus, at the 65th session of the Assembly, innovative provisions were discussed on the qualification of actions falling under the definition of maritime piracy, as well as the creation of a single international body.

Quite often they are reproached for the declarative nature and low efficiency of the UN measures taken. M. Voitenko said that "the best way to be captured by pirates is to follow the directions of the UN." Mikhail Dmitrievich Voitenko is a Russian journalist in the field of maritime topics. He played a significant role in the rescue of the crew of the motor ship Faina, the release of the dry cargo ship Lehmann Timber and the events associated with the capture of the Arctic Sea. This statement was born due to the fact that the UN does not encourage the use of weapons against pirates and welcomes the solution of problems with peaceful purposes, although practice shows that peace negotiations do not solve the problem of piracy. LEHMANN TIMBER is a German bulk carrier Lehmann Timber. Gained fame in connection with the capture by Somali pirates in the summer of 2008. According to Mikhail Voitenko, editor-in-chief of Marine Bulletin-Sovfrakht, this situation was out of the ordinary. This was the first time in the history of Somali piracy that, as a result of protracted negotiations, the ship's crew experienced shortages of fresh water, food and fuel.

"Arktik-Sea" (eng. Arctic Sea, "Arctic Sea") - a vessel of the "Uglegorsk" type, an ice-class timber carrier with a double hull. Gained great notoriety in connection with the kidnapping in July 2009.

Many have a negative attitude towards the practice of paying ransoms to pirates.

In the field of security, the UN Security Council implements the activities of the UN. It is this body that takes and develops specific measures aimed at combating piracy.

The Security Council resolutions condemn the actions of pirates and propose specific measures aimed at combating them. A particularly significant event was the adoption of UN Security Council Resolution No. 1816 dated June 2, 2008, which contained proposals for conducting anti-piracy operations against Somali pirates, and indicated measures to be taken against pirates. For example, freezing the accounts of those individuals who collaborated with pirates; to enter warships into the territorial sea of ​​Somalia with the permission of the government, the imposition of an embargo on the import of weapons into the territory of Somalia.

Security Council Resolution 1373 established the Maritime Safety Committee (CTC) and the Executive Directorate of the Maritime Safety Committee. The supreme body of the organization is the Assembly of Member States. There is also the IMO Council, which consists of 40 states, including Russia. In addition to the Assembly, there are 5 committees within the IMO:

Maritime Safety Committee (MSC - KBM); Marine Environment Protection Committee (MEPC - MEPC); Legal Committee (LEG - YURCOM); Technical Cooperation Committee (CCC); Facilitation Committee formalities of shipping (FAL), as well as 9 subcommittees (as part of MSC or MEPC) and a secretariat headed by the Secretary General. These bodies took measures to counter international terrorism, which, as mentioned above, have a very close connection with piracy.

With the growing threat to shipping, it was decided to create the International Maritime Organization IMO (English International Maritime Organization, IMO) - an international intergovernmental organization, is a specialized agency of the UN, serves as an apparatus for cooperation and information exchange on technical issues related to international merchant shipping. It was formed on March 6, 1948 in Geneva with the adoption of the Convention on the Intergovernmental Maritime Consultative Organization (IMCO), which is a coordination center that unites the efforts of the world community in the struggle for the safety of maritime navigation.

The IMO is composed of a Council and five committees, one of which (the Maritime Safety Committee) deals directly with maritime security issues. The IMO is studying the causes of piracy and proposes measures to combat it.

So "Measures to prevent illegal acts against passenger ships" were adopted, and in March 1986 a meeting was held in San Jose, where specific measures against terrorism were developed. For example, the creation of a system in order to obtain information about impending terrorist attacks.

In 1988 Rome adopted the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. It qualified actions that encroach on the freedom of navigation. These include, for example, injuring a person, hijacking a ship, destroying maritime navigational equipment.

The most important IMO act is the International Convention for the Safety of Life at Sea (SOLAS-74), the main task is to determine the minimum standards that meet the safety requirements for ships.

If the ship does not meet the requirements, it may be detained or not allowed into the port.

Currently, the IMO coordinates the activities of its members in the development, adoption and implementation of measures and methods to combat acts that encroach on the freedom of navigation. The organization also maintains statistics.

Interpol, an international organization that unites national law enforcement agencies in the fight against crime at the international level, plays a special role in the system of bodies and institutions involved in combating piracy. In the field of combating piracy, Interpol builds its work in three areas:

1.Increasing the effectiveness of the mechanism for the formation of evidence base.

2.Accelerating and facilitating the exchange of information between states.

.Improving the quality of work of law enforcement agencies at the national level.

It should be noted that not only intergovernmental organizations, but also non-governmental organizations are involved in the fight against piracy.

Among the main such organizations, the International Maritime Bureau should be noted. Within the structure of this organization, a Piracy Center has been established. This center provides information about acts of piracy at sea, terrorism, and robbery. The activities of the Center will be discussed later in the work. The bureau has observer status with Interpol.

The International Chamber of Shipping unites the interests of representatives of all branches of shipping by sea. This Chamber cooperates with the IMO and other non-governmental organizations.

The International Association of Independent Tanker Owners Intertanco, whose opinion is quite weighty in resolving issues related to piracy. It is this Association that is the initiator of various measures against piracy (for example, blocking the coastal waters of Somalia by NATO forces).

The Baltic and International Maritime Council (BIMCO) deals with the uniformity of maritime policy, brings together ship owners, ship brokers and agents.

Dry cargo owners have created their own organization, Intercargo, which works closely with government and non-government organizations to address piracy issues. It is a member of the informal organization "Round Table", which in the most general form represents the position of non-governmental organizations in the fight against maritime crime.

Unique is the movement that brought together organizations, bodies and various structures of international and regional significance - "Save Our Seafarers". This organization focuses on the socio-economic essence of piracy and protects the rights of not only sailors, but also their families who have become victims of the actions of pirates. This movement is also engaged in propaganda work, sends petitions to the governments of states on the application of any measures to curb piracy.

Significant anti-piracy programs and activities are being developed at the regional level. Among the regional organizations that fight piracy are the Agency for Combating Piracy in the South China Sea (Thailand), the Asia-Pacific Council for Security Cooperation, the Liaison Group for Combating Piracy off the Coast of Somalia, the Regional Center for Combating Piracy (Malaysia), etc.

Particular attention should be paid to the measures taken by NATO, the largest military-political bloc, which is an active member in the fight against piracy.

NATO organizes warship patrols in areas affected by piracy.

It should be noted the main NATO operation "Ocean Shield", which began to operate in 2009. Navy warships, mainly the United States, take an active part in this operation and patrol the Horn of Africa region, providing assistance to those ships that have become victims of pirates.

Within the European part, Europol, which has 27 members, plays an important role in the fight against pirates. Europol recognizes as a priority those issues that are related to security. Together with Interpol, he developed the Sea Piracy program.

For Russia, piracy issues are also relevant. Russia takes an active position in solving problems. So the head of the Foreign Ministry, in order to combat piracy off the coast of Somalia, requested the status of a "cooperating state" from the government of Somalia. Russia and Ukraine are preparing a joint agreement on the joint fight against piracy. Moscow has offered Kiev to use its warships to host Ukrainian forces. This is due to the fact that very often Ukrainian sailors become victims of attacks by pirates.

Ships of the Russian Navy are also taking an active part in the international anti-piracy mission. The detachment under the command of Captain 1st Rank Ildar Akhmerov, who recently completed tasks off the coast of Africa, included the Admiral Panteleev large anti-submarine ship, the Izhora and Irkut tankers, and the MB-37 sea tug. In early 2009, a detachment consisting of the large anti-submarine ship Admiral Vinogradov, the tugboat Fotiy Krylov, the tankers Pechenga and Boris Butoma fought against pirates. And the first Russian combat unit, which since October last year, has been guarding merchant ships and operations against sea robbers in the Indian Ocean and the Gulf of Aden, both in single mode and in coordination with ships of other countries, was the Neustrashimy patrol ship of the Baltic Fleet. Russian sailors adequately carry out measures to protect themselves from attacks by pirates. The marines who were on our ships and solved the tasks of combating sea robbers were also highly appreciated.

2.2 Anti-piracy measures

The world's sea routes are still the main means of international trade. Statistics showing the increasing frequency of piracy attacks indicate the need to develop measures of a legal, organizational and technical nature to prevent piracy, so the governments of coastal states and shipping companies have developed various measures to combat piracy, such as:

legal measures.

Currently, international organizations consider piracy as an integral part of terrorism.

The protection of sea routes is becoming a priority for the law enforcement agencies of coastal states and, first of all, countries that control the activities of the main channels and straits. The most likely targets for terrorist attacks are the Somali region, the Suez and Panama canals, the Malacca, Singapore and Aden straits, and piracy attacks are classified as real preparation or cover for preparations for a large-scale terrorist attack. The basis for this is the following:

piracy has become a major threat to shipping in the straits and canals, making it difficult for the world trade system to function;

when attacking ships, it is impossible to immediately determine the goals pursued by the attackers;

it is possible that piracy attacks are undertaken to solve the material problems of terrorist organizations.

It should also be noted that the numerous resolutions of the UN Security Council, which, according to scientists, are usually referred to as political, are of increasing importance. Of great interest and relevance are those of the resolutions that relate to the events in the Gulf of Aden in 2008-2010. For example, the role of Resolution 1816 (2008) adopted by the UN Security Council at the 502nd meeting on June 2, 2008 is great. In this Resolution, the Security Council makes a revolutionary decision:

enter the territorial sea of ​​Somalia for the purpose of suppressing acts of piracy and armed robbery at sea in a manner consistent with that permitted on the high seas in relation to piracy under relevant international law, and

use all necessary means within the territorial sea of ​​Somalia to suppress acts of piracy and armed robbery.

The International Maritime Organization (IMO), established in 1948, has also contributed to the fight against maritime piracy.

The Maritime Safety Committee, established in 1998, has developed a model for national legislation to combat piracy and violent crime at sea.

International shipping organizations and mutual insurance clubs took part in the development of this document. The new legislation is based on:

draft law "Regional agreement on cooperation in combating piracy and armed robbery of ships";

code "Rules for Investigation of Cases of Piracy and Armed Robbery of Ships".

Dissatisfied with the effectiveness of measures to counter pirates in the waters of Malaysia, Indonesia and Singapore, shipowners issued a statement that these states should implement cooperation agreements in this area as soon as possible, if it is impossible to resolve the contradictions, seek international assistance. However, officials from the governments of Malaysia and Indonesia categorically refused any foreign military presence in the strait zones, with the exception of the navies of coastal states, and expressed their readiness to accept assistance in the following main areas:

funding for joint exercises of the Malaysian, Indonesian and Singaporean navies to patrol the straits;

modernization of navigation aids in the straits;

training of qualified specialists in the fight against piracy and terrorism.

The final declaration of the forum noted that the introduction in 2004 of joint patrolling of the strait zones by the navies of Singapore, Malaysia and Indonesia proved to be ineffective and did not lead to a reduction in the number of incidents at sea.

In addition to legal measures, the countries of the region also apply forceful measures.

Force measures.

The most effective means of combating piracy is the navy.

However, over the past fifteen years, the Russian Navy has practically curtailed its presence in the region of Southeast Asia and is not involved in the fight against piracy. At the same time, the US and British navies have reduced the number of their military campaigns in this region by 50%.

The Maritime Doctrine of the Russian Federation explicitly states that "activation of cooperation with the countries of the Asia-Pacific region to ensure the safety of navigation, the fight against piracy" is one of the activities of the state. In fact, Russia only declares its participation in this struggle, believing that this threat is not significant for it today. Moreover, it is not even trying to indicate its interest in the activities of already existing international structures to combat piracy.

In the Philippines, the coast guard has begun to quite successfully counter pirate attacks on ships in the country's territorial waters and its ports. Efforts are being made to work more closely with seafarers' associations. In November 2003, a cooperation agreement was signed with the South Korean maritime police. Within its framework, it is planned to carry out an exchange of personnel, which should increase the level of its training.

The possibility of closer coordination of the efforts of the armed forces and the maritime police is being considered.

The leaders of the security services of the Southeast Asian countries speak out for the need to strengthen cooperation in the region to combat international piracy. In this regard, the exchange of intelligence data and the organization of border water patrols can play an important role. These measures can prevent the movement of bandits, as well as the smuggling of weapons and drugs.

In Malaysia, a new coast guard service was created - with a personnel strength of about 500 people. On November 30, 2005, the forces of the new unit began patrolling the waters of the Strait of Malacca along a route with a total length of 885 km. Until 2010, 72 ships belonging to the fleet of police and the Navy were supposed to be transferred to the new service, the number of personnel to be increased to 4,000 people, and funding should be 154 million US dollars. Currently, ships patrol the waters only of the Malacca Strait (between the Malaysian mainland and the island of Sumatra).

Shipping companies measures.

Due to the ineffectiveness of the fight against piracy by a number of coastal states, some shipowners began to take their own security measures. Including:

shipping companies escorting cargo barges in the Malacca Strait turn to private security agencies. However, Malaysia and Indonesia strongly opposed the use of such security measures. In late April 2005, the Malaysian Chief of Internal Security and Public Order ordered all NCIS ships to detain armed escorts and arrest their crew members for using heavy weapons if found in Malaysian waters. Merchant ship escort services in this region are provided by the private company Background Asia Risk Solutions. The executive director of the company stated that they will continue to escort merchant ships in the Strait of Malacca and other areas dangerous from pirates, since the provision of such services is based on the right to safe passage through the strait and the right to carry weapons for self-defense;

The Dutch shipping company Smit has begun deploying armed guards on board its ships. In addition, technical facilities for detecting objects and night vision devices are issued to ships, and high-voltage fencing is installed along the side. These measures were taken by the company's management after an attack in the Strait of Malacca on one of its tugs, when the crew had to defend themselves from pirates with rocket launchers.

Among the general industrial ones used to account for products and raw materials, commodity, automobile, wagon, trolley, etc. are common. Technological ones are used to weigh products during production in technologically continuous and periodic processes. Laboratory ones are used to determine the moisture content of materials and semi-finished products, to conduct a physicochemical analysis of raw materials, and for other purposes. There are technical, exemplary, analytical and microanalytical.

It can be divided into a number of types depending on the physical phenomena on which the principle of their operation is based. The most common devices are magnetoelectric, electromagnetic, electrodynamic, ferrodynamic and induction systems.

The scheme of the device of the magnetoelectric system is shown in fig. one.

The fixed part consists of a magnet 6 and a magnetic circuit 4 with pole pieces 11 and 15 between which a strictly centered steel cylinder 13 is installed.

The frame is fixed on two axes with cores 10 and 14, resting against thrust bearings 1 and 8. Opposing springs 9 and 17 serve as current leads connecting the frame winding with the electrical circuit and input terminals of the device. Arrow 3 with balance weights 16 and an opposing spring 17 connected to the corrector lever 2 are fixed on the axis 4.

01.04.2019

1. The principle of active radar.
2. Pulse radar. Principle of operation.
3. Basic timing of the operation of a pulsed radar.
4. Types of radar orientation.
5. Formation of a sweep on the PPI radar.
6. The principle of operation of the induction log.
7. Types of absolute lags. Hydroacoustic Doppler log.
8. Flight data recorder. Work description.
9. Purpose and principle of AIS operation.
10.Transmitted and received AIS information.
11. Organization of radio communication in AIS.
12. The composition of the AIS ship equipment.
13. Structural diagram of the ship's AIS.
14. The principle of operation of the GPS SNS.
15. Essence of GPS differential mode.
16.Sources of errors in GNSS.
17. Structural diagram of the GPS receiver.
18. The concept of ECDIS.
19. ENC classification.
20. Appointment and properties of the gyroscope.
21. The principle of operation of the gyrocompass.
22. The principle of operation of a magnetic compass.

Connecting cables- a technological process for obtaining an electrical connection of two cable segments with restoration at the junction of all protective and insulating sheaths of the cable and screen braids.

Before connecting the cables, measure the insulation resistance. For unshielded cables, for ease of measurement, one output of the megohmmeter is connected in turn to each core, and the second to the remaining cores connected to each other. The insulation resistance of each shielded core is measured when the leads are connected to the core and its screen. , obtained as a result of measurements, should not be less than the normalized value established for this brand of cable.

Having measured the insulation resistance, they proceed to the establishment or numbering of the cores, or the directions of the lay, which are indicated by arrows on the temporarily fixed tags (Fig. 1).

Having finished the preparatory work, you can start cutting the cables. The geometry of the cutting of the connections of the ends of the cables is modified in order to ensure the convenience of restoring the insulation of the cores and the sheath, and for multi-core cables, also to obtain acceptable dimensions for the junction of the cables.

METHODOLOGICAL AID FOR PRACTICAL WORK: "OPERATION OF SPP COOLING SYSTEMS"

BY DISCIPLINE: " OPERATION OF POWER PLANTS AND SAFE WATCHING IN THE ENGINE ROOM»

COOLING SYSTEM OPERATION

Purpose of the cooling system:

• heat removal from the main engine;
• heat removal from auxiliary equipment;
• heat supply to the Shelter and other equipment (GD before start-up, VDG maintained in "hot" reserve, etc.);
• receiving and filtering outboard water;
• blowing out kingston boxes in summer from clogging with jellyfish, algae, mud, in winter - from ice;
• ensuring the operation of ice boxes, etc.

Rice. 1. Diesel cooling system

23.03.2019

During operation, its winding gradually fails, taking on the impact of various negative factors. You can restore the engine to work by rewinding. You need to perform the procedure if there are signs of breakdowns.

Causes and signs of winding wear

• the impact of natural phenomena, including high humidity, temperature fluctuations;
• ingress of engine oil, dust and other contaminants;
• improper operation of the power unit;
• impact on the motor vibration loads.

Also, a common cause of failure of the windings of electric motors is the breakdown of bearings, which, due to overloads or due to temporary wear, can scatter into small pieces, which leads to the burning of the windings.

Legal means of combating piracy are closely intertwined with organizational means.

Anti-piracy authorities include the police (including the port); naval and air forces; Border Service; coast guard (USA, Canada, Australia, etc.); Maritime Security Administration (Japan); border, customs and migration authorities; Interpol, Europol and other bodies. All of them cooperate with each other, as well as with similar bodies of other countries and international organizations.

An analysis of the measures taken by states in the field of combating maritime piracy shows that the effectiveness of this fight is currently significantly reduced by the following factors:

• 1) the lack of common approaches in the implementation of measures in this area at the international and state levels;
• 2) a legal framework that does not meet the modern needs of combating maritime piracy;
• 3) insufficient level of interaction between the competent authorities of states in the fight against piracy, both at the national and international levels;
• 4) the absence in many coastal states of specific national programs to combat piracy;
• 5) the lack of a clear delineation of competence in this area between law enforcement agencies;
• 6) the low level of scientific and technical cooperation between states in the creation of a unified system for monitoring the surface situation at sea;
• 7) insufficient technical equipment of law enforcement agencies, the absence in most states of modern courts and technical means of communication and detection that ensure effective opposition to the modern criminal world at sea;
• 8) the absence of a generally recognized legal framework for the self-defense of ships and the protection of maritime navigation from armed attacks by pirates;
• 9) poor educational and material base for the training of law enforcement and other government officials who are called upon to combat these crimes at sea, as well as the low level of training of ship crew members on issues within their competence;
• 10) a small amount of fundamental research in this area;
• 11) insufficient participation of some international organizations in maintaining law and order at sea.

At the same time, there are international organizations, especially the IMO, which are striving in every possible way to coordinate the actions of states in the field of combating piracy and terrorism at sea. The IMO plays a prominent role in developing recommendations for the prevention and suppression of piracy and armed robbery of ships. The provisions of such recommendations are reflected in departmental regulations, implemented in practice by ship owners and ship captains, taken into account in the activities of state bodies involved in ensuring the safety of maritime navigation and protecting other interests of our state at sea.

But many coastal states do not take appropriate measures to ensure the safety of navigation along their coasts and prevent pirate attacks. In this regard, shipowners and ship crews are forced to take organizational and preventive measures and self-defense measures themselves. An element of the fight against piracy is the timely notification of the IMO, the authorities of the flag state, the coastal state and the shipowner of cases of attack by pirates or the threat of such an attack. The IMO recommended that States use the communication systems provided for by the International Convention on Maritime Search and Rescue (INMARSAT and other communication systems), the Global Maritime Distress and Safety System, including emergency buoys, for such notification. The activities of the IMO in the field of combating piracy, developing recommendations for the protection of ships and aircraft from armed attacks at sea, in investigating cases of piracy, in organizing regional cooperation between states in anti-piracy activities were approved in Resolution 54/31 of the UN General Assembly.

The fight against piracy is carried out to one degree or another by a number of other international organizations. These include Interpol and Europol, various regional international organizations, including the Association of Southeast Asian Nations (ASEAN), the League of Arab States (LAS), the Organization of African Unity (OAS), United Cooperation (OAU), United Cooperation IMO with the ISF (International Shipping Federation, which unites shipowners of 32 coastal states). Team work

The IMO and IF began after the IF issued a manual for seafarers with recommendations on how to behave in the event of an attack on a ship by armed criminals. The fight against piracy is also carried out by the World Health Organization (WHO), the International Labor Organization (ILO), the Customs Cooperation Council (CCC) and others, among which the International Maritime Bureau (IMB) occupies a special place, established by the International Chamber of Shipping, which was based on the Assembly Resolution IMO A. 504 (II) of December 20, 1981 "Baratria, illegal seizure of ships and their cargo and other forms of maritime fraud". Since then, the IMB has been involved in various aspects of the prevention and investigation of illegal acts, including piracy, committed against ships. IMB has prepared and published a number of studies on combating piracy and barratry. Such a close interweaving of the problems of piracy and baratry is due to the fact that pirates sometimes collude with ship crew members, especially in cases where the purpose of such joint activity is to seize valuable cargo and then sink the ship and receive insurance compensation.

The Italian journalist Luciano Filippi wrote a long article about the mechanism of activity of pirates and their accomplices on the shore and on ships entitled "Pirates in the service of big business" in the newspaper "Express" (Rome), and the weekly "Abroad" reprinted it in No. 19 for 1980 Mr. L. Filippi writes: "Morgans" and "drakes" returned from oblivion, and the cry "Help! Pirates! again spreads over the waves of the Aegean Sea. Piracy is on the rise. And if, as they say, over the past three years, about a hundred ships have “raised the black flag”, then almost 5 of them ply in the Cyprus-Liva-Suez triangle. However, these are not the beggar pirates of Malaysia, but a completely new phenomenon: a well-organized robbery.

It all started with the rapid growth of oil-producing Arab countries. The port of Jeddah in Saudi Arabia is suffocating - ships waiting for unloading are in the roadstead for 5-6 months. Freight costs reach fantastic proportions. The situation was taken advantage of by Greek and Cypriot shipowners, who hastened to put their ships on the line in order, as Peter Fielding, a representative of the Lloyd insurance company in Genoa, "to board profitable charters." The freight rates they offered were, of course, significantly lower than the freight rates set by other shipping companies. A tidbit is attractive to everyone, so many export firms, tempted by the opportunity to save on shipping, rushed to meet them with open arms. But soon amazing things began to happen: it was noticed that not all of these ships arrived at their destination. As a result, the losses significantly exceeded the amounts that the shippers planned to save on transportation. It seems unlikely that so many ships, albeit very obsolete, could sink in such a small area. It should be noted that the Greeks and Cypriots offered ships that had previously been parked in the so-called "ship cemeteries" and were waiting to be sent for scrapping or, perhaps, a random charterer. The age of such ships is usually much higher than the so-called "critical" age, which is 15 years in the world. Old ships, i.e. built more than 15 years ago, are not in demand in the freight market, because they are less reliable, their insurance is expensive, and they are usually unprofitable in operation. It is cheaper to sell them for scrap and build or buy new ships. In the practice of insurance and navigation, old ships are usually called "floating coffins".

Fraud at sea is a crime that is almost impossible to solve, says Eric Ellen, Commissioner of the Port of London and President of the International Port Police Association, who, on his own initiative, organized a bureau to coordinate the actions of interested countries in the fight against piracy. If, relatively recently, losses associated with the disappearance of cargo of 2 or 3 thousand tons could be classified as limited, today we are talking about amounts that do not fit in with the composure still demonstrated by the gentlemen from Lloyd's. It is estimated that for those who have been piracy in the Mediterranean over the past three years, it has brought in at least 500 billion lire.

The favorite operation of modern filibusters is the repurchase of cargo, which is then sent to another address. A few strokes of the brush are enough, and a repurchased vessel with a new name and a new name of the shipowner in the ship's documents can set sail again. Some shipowners, whose ships were in poor condition but heavily insured, could even sink them after the operation was over. For example, in 1979, the old tanker Seagate was deliberately planted on the rocks, long outdated, but insured for a large sum. The ship sailed under the Liberian flag. The coast of North America was chosen as the site of the "planned disaster".

In another case, the M/V Averilla, which on August 10, 1979, left Singapore for Bombay with a cargo of 10 billion lire, became the object of piracy. It sank on September 5, 1979. The rescued crew, delivered in full strength to Colombo, refused to testify. During an investigation launched by the insurance company Lloyd, a special plane helped the sailors out of their predicament, transferring them to Bangkok, where the crew completely disappeared, like snow in the sun. The Averilla case was no doubt a big win for the mysterious businessmen. In addition to the insurance indemnity for the vessel and cargo, they received money for who knows where and to whom the cargo was sold.

Around the same time, on January 12, 1979, the Salem tanker sank off the coast of Senegal, having unloaded 194 thousand tons of Kuwaiti oil destined for Italy a few days earlier in Durban (South Africa). This time, the organizers of the fraud were exposed. They lost 20 billion lira - the insurance compensation for the vessel, which cost only 9 billion lira, and, of course, the amount for which the cargo was insured. However, the money received for the 194,000 tons of crude oil sold to South Africa in defiance of the embargo eventually ended up in their pockets. The Salem case is an example of a brilliant "international collaboration" between pirates and scammers that only Lloyd's could afford to pay for. Tanker

The Salem, launched in Sweden, sailed under the Liberian flag, was owned by an American company controlled from Switzerland, and was insured in England. The captain of the tanker was Greek, the crew consisted of Tunisians recruited by a person of West German origin. In the end, the tanker was sunk in the territorial waters of Senegal. This whole adventure was carried out under the cover of 12 flags, to which, with good reason, one could add an ominous, but the only "legal" one - a black flag with a skull and crossbones.

The geniuses of criminal operations, however, are Chinese rogue pirates from Hong Kong. Lloyd's found that over 9 years, 16 Gulf of Hong Kong ships carrying high-value cargo managed to sink in calm seas, and, needless to say, without losing a single crew member.

And yet, more often than not, ships remain afloat, undergoing only “cosmetic” processing. So, on the ship "Denis M." 5,000 tons of cement destined for Nigeria were loaded in Greece. During the voyage, the ship changed its name to "Rigoletto" and the cement was sold in Sudan. Then "Denis M.", aka "Rigoletto", headed to Romania under the Cypriot flag and a new name - "Ocean Glory". In Romania, the ship was loaded with cement, but was identified in Port Said. However, the ship managed to escape. Who knows where it has gone now, under what name and under whose flag, for whom it makes flights!

Approximately the same was the fate of the m / v "Swift Seagall" - a vessel under the Greek flag, owned by a Panamanian company. Having loaded a consignment worth 2 billion lire into the holds in Livorno, the Swift Seagull headed for the Red Sea and disappeared without a trace. Also, with a cargo of 5 thousand tons, the m/v "Atensdey", the fully loaded m/v "Yansey" and others disappeared.

After the disappearance of the first ships, many began to think about “legal” piracy, the essence of which boiled down to the following: Greek shipowners, having sheltered a ship in some small port of the Aegean Sea, managed to get a decision from judicial officials to arrest their cargo with simultaneous recognition of their insolvency. As a result of such an operation, the value of the arrested cargo ended up in the pocket of the "legal" pirate shipowners.

Then new tricks appeared, which were resorted to, in particular, by the owners of the ship "Betty". On August 16, 1979, the ship "Betty" weighed anchor in the Yugoslav port of Fiume (Rijeka) and headed for Jeddah, carrying steel blanks and valuable wood species on board. The total cost of timber was estimated at 12 billion lire. At the time of shipment, "Betty" belonged to the Cypriot company "Pero Shipping". On August 26, the captain of the Betty radioed that he was refueling at Pylos. But already on August 28, a message was received that the Betty had crashed. The ship, which was in a “deplorable” state, was acquired by another Cypriot company, Tanales Shipping, after which the Betty turned into Five Stars and again went to sea. Someone interested in billets of steel and valuable timber, apparently sold as "remnants of a sea wreck," was waiting for the ship in Jounieh, a small Lebanese port.

Such a turn of events did not suit the sender of the cargo. From Trieste, Captain Ampich went on a search in order to trace the chain of fantastic transformations that had taken place with Betty - Five Stars. Ampich overtook the cargo ship at the moment when it was under unloading. And although Ampich was unable to return the cargo, he photographed the ship and demanded that the local authorities seize it. But at night, when the guards were fast asleep, the Five Stars gave up the moorings, left the port and appeared in the Greek port of Piraeus. At the same time, the ship already had a new owner and a new name - "Ares" and, in addition, the Spanish flag. Based on the photographs taken by Ampich, the Greek police launched an investigation, as a result of which the new names of the ship surfaced - "Malaga" and "Black Eagle". “The pirates forced us to change the route,” the captain of the Betty explained with a wry smile. According to him, they also forced him to unload in Lebanon.

In an attempt to bring to an end the "case of the disappearance of" Betty "", Captain Ampich, along with agents of the FBI, attacked the trail of the organization that led this dark scam. Her soul turned out to be a certain Genevieve Stewart MacDonald, a Canadian by nationality, who, according to the Lebanese newspaper As-Safir, was detained at the end of September 1979 in one of the Beirut hotels at the moment when she was handed 200 million lire - a share for participation in the "case". Her accomplices were three Greeks.

Newly-born pirates do not limp on wooden prostheses on the decks of ships. They prefer cozy, secretive Piraeus offices or subscribed mailboxes in Geneva, manipulating the paperwork needed to get bank advances. Indeed, one in two shipping piracy scams is the work of international gangster organizations infiltrating shipping companies, especially those on the brink of bankruptcy. Apparently, there is a kind of "Mediterranean syndicate", which has its representatives in 17 Lebanese ports. Naturally, rogue pirates maintain excellent relations with local authorities.

With this scheme of capturing ships and cargoes, sometimes there is even no need to ferry a ship from one port to another. This is evidenced by the history of the ship "Cool Girl".

A group of businessmen undertook to sell a thousand tons of palm oil to an Angolan merchant. The documents were, of course, in perfect order. They claimed that the oil actually existed and was in a warehouse in Copenhagen. As payment for the oil, the Angolan transferred several million dollars to a Swiss bank, which were received by scammers. In return, they handed over to the captain of the Cool Girl a waybill for the cargo, which, of course, did not exist. The ship was anchored in Rotterdam with empty holds for a very long time, waiting for the start of loading, until it became clear to everyone that there would be no loading. Naturally, in this case, the buyer did not show the necessary caution and did not check in advance whether the goods were actually in the warehouse. He could also contact the English "Lloyd" who would confirm to him whether the palm oil was delivered to Denmark and whether it was insured, since cargo of this kind, as a rule, is always insured.

One of the conditions that scammers skillfully use is that from time immemorial there has been complete trust between shipowners and banks, which, however, has been fundamentally undermined in recent decades. As long as large insurance associations consider it more important for them to maintain confidence in their insured clients that they are guaranteed to receive their insurance compensation if an insured event occurs with a ship, shipowners and other insurers, including cargo insurers, will not always show due care in concluding contracts of carriage by sea, determining the ports of loading and unloading, the route of the vessel, ports of call, making advance payments, hiring crew, etc. As already mentioned E. Ellen noted, insurers “traditionally consider themselves obliged to pay for all losses , compensating for losses by increasing insurance rates. Of course, they make a lot of noise about the spread of “piracy” at sea and on land, nevertheless they refrain from helping to combat this evil. Despite numerous pirate actions, insurance companies only occasionally take measures to search for criminals, including through Interpol. So, in 1978, they only in eight cases out of many dozens turned to Interpol with a request for help.

Such an attitude of insurers to their own finances clearly does not correspond to the principles of insurance and the norms of insurance laws of specific countries. Thus, in Russia, Chapter XV (“Maritime Insurance Contract”) of the Merchant Shipping Code of the Russian Federation of 1999 is devoted to the regulation of marine insurance, which clearly indicates the rights and obligations of the parties in cases where there has been a change in the risk against which the ship and cargo are insured, up to until the termination of the insurance contract and the obligation of the insurer to pay the insurance indemnity. No self-respecting insurer will disregard information about the change in risk, especially if it is about pirates, unless he is planning to go bankrupt.

So, according to Article 271 of the RF MLC (the article is called “Consequences of a change in risk”):

• 1) the policyholder or the beneficiary is obliged immediately, as soon as he becomes aware of this, to inform the insurer of any significant change that has occurred with the object of insurance or in relation to the object of insurance;
• 2) any change that increases the risk, unless it is caused by the rescue of people, ships or cargo or the need for the safe continuation of the voyage, gives the insurer the right to revise the terms of the marine insurance contract or require payment of an additional insurance premium. If the policyholder does not agree with this, the contract of marine insurance is terminated from the moment of such a change;
• 3) failure by the policyholder or the beneficiary to fulfill the obligation established by clause 1 of this article releases the insurer from the performance of the contract of marine insurance from the moment of a significant change that has occurred with the object of insurance or in relation to the object of insurance.

The insurance premium remains entirely with the insurers, unless the insured or the beneficiary proves that the fulfillment of the specified obligation was not due to his fault.

Consequently, insurance organizations have sufficient legal capacity to influence policyholders in a timely manner when any additional risks arise for the insured ships and cargoes. Failure to use these opportunities is equally unprofitable for all participants in the insurance, but it is beneficial for scammers.

To combat this kind of crime, at the end of February 1992, the International Maritime Bureau (IMB) held a seminar in Kuala Lumpur (Malaysia) for representatives of law enforcement agencies and maritime transport organizations of Singapore, Indonesia, Great Britain, Japan and Malaysia, as well as the Association of Asian States on Shipping, the Shipowners Association in Singapore and the International Maritime Organization. The main issue on the agenda of the seminar was the fight against piracy and fraud on the seas of the Far East. On the basis of the decisions taken and the policy pursued by the states in this area, on October 1, 1992, within the framework of the IMB, with the financial support of the International Chamber of Commerce and the participation of the maritime transport organizations of the ASEAN states, the first regional center for combating armed robbery and piracy was established in Kuala Lumpur.

The center is staffed mainly by local staff, including law enforcement officials, lawyers and other professionals. In addition to preventing fraud, piracy, armed robbery against ships, their detection and investigation, the center's tasks include identifying cases of dumping toxic substances into the sea, hijacking ships, acts of terrorism against large passenger ships and other types of crimes. To perform these tasks, the center is equipped with communication facilities, computers, and detailed maps of the region.

The center in Kuala Lumpur works closely with the region's coast guard and police services. The center operates around the clock and collects reports on the location and movement of all suspicious and unidentified ships, receives reports of piracy attacks, and informs the coast guard and ships in the area on these facts. The Center transmits reports on the actions of pirates through various communication channels, including by telephone, draws up generalized reports for interested organizations and services, declares certain areas dangerous for navigation in connection with the activities of pirates, assists victims in preparing statements about acts of piracy and other crimes, etc.

The Malaysian maritime organizations that supported the idea of ​​creating this center believe that the best and most effective way to combat acts of piracy and armed robbery against ships is to involve the police and naval forces of coastal states to regularly patrol the most dangerous areas of the sea. These plans are being put into practice. Based on an agreement between Indonesia, Malaysia and Singapore, joint patrol services were established in the Straits of Malacca and Singapore to protect merchant ships from pirates. Agreements were reached on the allocation of single radio frequencies to the police patrol boats of these states for more active receipt of information about these acts of piracy directly from the captains of the ships, as well as in the search and prosecution of criminal groups. Such forces are the prototype of the future regional forces to combat international crimes committed at sea. Malaysian organizations also supported proposals by the Indonesian and Malaysian governments to introduce fees for the passage of ships through the Strait of Malacca, so that part of it would be used to finance the counter-piracy operations of the police and navies of these states. Of all the information provided about the activities of the anti-piracy center, only the establishment of a fee for the passage of ships through the Strait of Malacca is objectionable, because such a provision contradicts the norms of Part III of the UN Convention on the Law of the Sea of ​​1982, establishing freedom of navigation in international straits.

Since its inception, IMB has done a great job of organizing the fight against piracy in various parts of the oceans. In addition to the creation of regional centers and special anti-piracy organizations, the IMB is investigating specific cases of piracy, although success is not always achieved. For example, the search for the ship Ling Star, which disappeared in June 1995 on a voyage to Singapore, proved fruitless. Its crew was fully staffed by the sailors of the Amur Shipping Company. The last time "Ling Star", owned by a Russian-Korean enterprise, made itself felt four weeks before the disappearance. His search was conducted by the IMB, the Association for the search for dead and missing ships, the International Committee for the Fight against Piracy. The version of the possible death of the ship was rejected. It has been suggested that the ship, along with its cargo and crew, has been taken over by pirates.

Nevertheless, despite some failures, if we compare the IMB information on the fight against piracy for 15 years (from 1988 to 2003), we can see the success of such a fight in certain regions of the world. So, at the beginning of 1988, some data of the bureau stationed here were published in London. In its review, the IMB again warned of an increase in piracy, resulting in an estimate of $7 billion in port production in 1987. In order to properly assess this figure, it should be remembered that the total amount of freight from shipowners around the world in recent years has been in the order of 100 billion US dollars per year.

A serious obstacle to the fight against "silent" pirates (fraudsters) was the concealment of information related to the fraud of pirates, including by the affected party. It is believed that no more than 5% of cases of offenses become known to the authorities. Only 2% of cases, worth $157 million, were actually reported to IMB. Of the 93 reported cases, 30 involved forgery ($105 million), 11 for charter fraud ($16 million), 15 for insurance ($6 million), and 3 for drowning ($3 million).

Simultaneously with the appearance of these sad statistics, the Western press was circulated by a sensational report about the escape from prison in the United States of Frederick Soudan, who was sentenced in 1985 to a 35-year prison term in the aforementioned famous case of the sinking of the tanker "Salem". As the Lloyd List newspaper recalled, the tanker "Salem" loaded crude oil in Kuwait for one of the European subsidiaries of the multinational corporation "Shell". However, most of the cargo was unloaded in South Africa, after which the tanker was sunk off the coast of Senegal on January 18, 1980. The amount of damage to the injured party amounted to $ 26 million. According to the FBI, after his successful escape, the “businessman from Houston” immediately left the United States.

In January 2003, IMB published in Kuala Lumpur, where the regional office of this organization is located, a regular report on the situation in the field of combating piracy. The report shows that the waters off the coasts of Indonesia, Bangladesh and Nigeria remain favorite areas for piracy, and in 2003 there were 445 reported attacks on ships by pirates, up 20.3% from 2002. In addition to the waters off coasts of Indonesia, Bangladesh and Nigeria, the document notes, a large number of piracy acts have been noted in the Strait of Malacca, India and the Gulf of Aden, as well as in areas adjacent to Vietnam, Venezuela and the Philippines. Unlike previous years, Somalia is not included in this list, although earlier the situation off its coast was considered the most dangerous in the world. However, this "improvement" is due only to the fact that in the north-east of Africa in the waters of this country, due to constant attacks, shipping has practically ceased.

As a result of attacks by sea pirates in 2002, according to the IMB alone, dozens of people were killed and hundreds were injured, not to mention many hundreds taken hostage. IMB is seeing an increase in well-planned pirate attacks on large tankers, especially in the busy Strait of Malacca, the main route for shipping oil from the Middle East to the Pacific. According to experts, pirates attack these gigantic vessels from different directions on speed boats, actively using automatic weapons. Against the backdrop of a general increase in pirate attacks, the situation, according to IMB, has significantly improved in the waters of Thailand, Singapore and Malaysia, as well as in Ecuador, Cameroon, Gabon and Guyana, where the authorities actively fought against sea pirates last year.

• Romashev Yu.S. On the problem of developing a strategy for combating crimes of an international nature at sea // Crime: strategy of struggle. M., 1997. pp. 203-208. Merchant Shipping Code of the Russian Federation. Comment / ed. G. G. Ivanova. M., 2000. S. 457-458. Maritime law. United Nations Convention on the Law of the Sea. pp. 16-21.
• Disappearance // Today. 1995. July 29.
• For whom the prison cries // Marine Fleet. 1988. No. 6. S. 56; Pirates of the 21st century // St. Petersburg Vedomosti. Jan 29, 2004