俄罗斯海上自主水面船舶法律与监管体系

    Innovation in the legal and regulatory framework for Russian maritime autonomous surface ships

    • 摘要: 随着海上自主水面船舶(MASS)技术的快速发展,智能航运已成为全球海事技术前沿与国际竞争的焦点。然而,既有法律法规体系滞后于技术迭代,严重制约了MASS的规模化应用与商业推广。为应对这一挑战,俄罗斯自2020年起率先构建了全球首个系统性、可操作的MASS国家法律与监管框架。本文采用规范性文本分析和比较制度分析方法,系统梳理了俄罗斯MASS立法体系的核心构成与实施机制。研究重点包括:战略与立法的衔接路径,分析总统国家科技倡议如何通过《改进立法与消除行政壁垒行动计划》转化为具体法律修订;关键制度设计,追踪《商船航运法》《内河运输法》《港口法》等核心法律修订中对MASS定义分级、人员资质、运营规范、责任划分及安全标准等要素的制度安排;实施推进策略,考察“有限水域试点—沿海逐步推广”的分段式立法实施模式。研究表明,俄罗斯立法进程呈现“战略引领、立法协同、试点先行、安全托底、国际对接”的鲜明特征,体系兼具前瞻性与适应性。这一实践为我国提供了重要借鉴,对构建既保障安全又促进创新的智能航运治理体系具有重要参考价值。

       

      Abstract: The technology of Maritime Autonomous Surface Ships (MASS) has developed rapidly. Intelligent shipping has become the frontier of global maritime technology. It has also become the focus of international competition. However,existing laws and regulations systems lag behind technological iterations. This severely restricts the large-scale application of MASS. It also hinders the commercial promotion of MASS. To address this challenge,Russia took the lead in building the world's first systematic and operational national legal and regulatory framework for MASS starting in 2020. Normative text analysis and comparative institutional analysis methods were adopted in this paper. The core composition of Russia's MASS legislative system was systematically reviewed. Its implementation mechanisms were also examined. The research focus included the connection path between strategy and legislation. It was analyzed how the Presidential National Technology Initiative was translated into specific legal revisions through the " Action Plan to Improve Legislation and Eliminate Administrative Barriers. " Key institutional design was tracked. Revisions to core laws such as the " Merchant Shipping Code," the " Inland Water Transport Code," and the " Port Law" were examined. Institutional arrangements for MASS definition and classification,personnel qualifications,operational norms,liability allocation,and safety standards were analyzed. The implementation promotion strategy was investigated. Its phased legislative implementation model of " limited water area pilot-gradual coastal promotion " was examined. Research shows that Russia' s legislative process presents distinctive characteristics. These characteristics are " strategy-led,legislative coordination,pilot-first,safety-backed,and international alignment. " These features make the system both forward-looking and adaptable. This practice provides important reference for China. It holds significant reference value for building an intelligent shipping governance system that ensures safety while promoting innovation.

       

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