Professional paper
Passing Protective Measure of Property of Craft Deprivation
Željko Dominis
; Ministarstvo financija, Carinska Uprava, Carinarnica Dubrovnik
Abstract
In the Section 11 of Maritime Code there are provisions relating to marine offences and in comparison to previous Code, the sanctions have become significantly stricter. Specific offences have been classified in accordance to the extent of damage of protected property and the amount of penalty. Some offences, according to Maritime Code are sanctioned by protective measures of capturing the craft. Thus, any unauthorized renting of craft i. e. “black charter” requires pecuniary penalty and measure of capturing the craft.
Specific Decisions of The Republic of Croatia have been made in the procedure on the occasion of Constitutional charges for the protection of constitutionally predicted right to the property, which gave rise to some very interesting questions, not only from point of view of maritime law, but from point of view of criminal and constitutional law. The paper has analysed critically specific legal provisions and special maritime sub-acts, maritime regulations, instructions and opinions, as well as their (non)compliance with the regulations of EU from this area with special attention to the standpoint of the majority and separated opinions of Constitutional Judges in the quoted decisions of The Constitution of The Republic of Croatia.
Keywords
passenger transport; black charter; property right; protectivw measure of capturing craft; Constitutional charges; Constitutional Tribunal; Constitutional Judges; decision of Constitutional Tribunal
Hrčak ID:
32216
URI
Publication date:
29.12.2008.
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