LEGAL REGULATION OF NAVAL FORCES' ACTIVITIES IN NEW TIMES: THE EXAMPLE OF GREAT BRITAIN

Abstract

The article analyzes the legal regulation and organizational support of naval activities of European countries using the example of Great Britain. On the example of the Act of 1661 and the Act of 1749, the specifics of the legal support of naval activity in New Times are characterized, caused by the development of the social system and the specifics of the corresponding naval tactics, which began to bear the signs of a separate and independent form of warfare. The analysis of the evolution of the regulation of naval forces cannot be carried out without considering the relevant experience of previous historical conditions. Modern conflicts at sea, in particular the naval component of the large-scale Russian aggression against Ukraine, prove the need for constant development of the organizational support of the naval forces, taking into account the variety of historical developments, including historic naval disciplinary acts. The peculiarities of the use of the fleet are always determined by a number of factors, and therefore their historical forms are of exceptional importance. In addition, it was during the researched period that the maritime traditions of the leading European maritime states, which are partners of Ukraine, particularly Great Britain, were strengthened, which should definitely be studied by domestic scientists. Ukrainian historiography of the organizational and legal support of the naval forces of the period of the New Age is extremely limited, and there are no special, monographic studies not only in Ukraine, but also in the post-Soviet space; and existing, outdated and trending works relate exclusively to the development of the imperial fleet of the aggressor state. The steady development of the relevant European historic regulation, which has absorbed the statutory law and relevant customs, with gradual detailing and partial humanization of the relevant regulators has been proven. It is indicated that the main task of the Act of 1661 and especially the Act of 1749 on Great Britain was not simply to establish statutory rules and punishments for their violation, but to ensure special military justice, which was carried out by officers on board ships and in ports, under the leadership of the Admiralty. For example the Act of 1749 referred to the competence of the military court to investigate the death of ships or their capture by the enemy, and the fate, status and payments of crew members who survived under these circumstances depended on the courts’ decisions on the established circumstances of these events. It is noteworthy that the Act of 1749 established a statute of limitations for bringing crew members to justice. Provided that the person involved in the proceedings did not hide from justice, the military court could consider his case based on the application submitted to the person authorized to convene the military court, which was submitted no later than three years after the offense was committed. It is indicated that the corresponding statutory acts contain norms of criminal and tort law, both material and procedural, and gradually cover other service relations in the fleet.