ЦИВІЛЬНО-ПРАВОВИЙ ЗАХИСТ ПРАВ ПАСАЖИРА ЯК УЧАСНИКА ПРАВОВІДНОСИН ІЗ ПЕРЕВЕЗЕННЯ ПАСАЖИРІВ У МІСЬКОМУ ТА ПРИМІСЬКОМУ СПОЛУЧЕННІ

Abstract

Стаття присвячена вирішенню проблемних питань цивільно-правового захисту прав пасажира при перевезенні у міському та приміському сполученні. На переконання автора, особливості досліджуваних правовідносин, їх правового регулювання зумовленіспецифікою цивільно-правового захисту прав пасажира при перевезенні різними видами транспорту у міському та приміському сполученні. The article is devoted to the solution of problematic issues of civil legal protection of passenger rights during transportation in urban and suburban traffic. According to the author, the peculiarities of the investigated legal relations, their legal regulation, predetermine the peculiarities of civil law protection of the rights of the passenger in the transport of various types of transport in urban and suburban areas. The author has expanded the scope of contractual regulation of the legal relations of passenger transportation and, accordingly, protection of his rights, since, for the most part, the legal regulation of the investigated legal relationship is carried out at the level of acts of civil law. However, the author acknowledges that the requirements of acts of civil law should be recognized by the terms of the contract of carriage of the passenger. In this case, the contract of carriage is simultaneously a legal fact that generates a relationship, transaction, and commitment. In addition, the subject matter of the relationship of passenger transportation is somewhat wider than the contract of carriage. So, if in the contract of carriage there are only two parties – the carrier and the passenger, then in the transport relationship they are more. These are the parties themselves (carrier and passenger); bodies of local self-government, which perform the role of the organizer of providing transport services to the population, which coordinates the routes, the fare, determines the competitive conditions for the election of the carrier, establishes rules for the carriage of passengers in a given settlement (which must be textually in accordance with the Regulations for the carriage of passengers by various modes of transport); the subject of entrepreneurial activity, which accepts payments, or serves an automated system of payment of fares, etc. The point is that, in fact, local authorities are the organizer, which defines the terms of a public contract for passenger transportation. The peculiarity of this contract, as an agreement, which by way of conclusion can be called an agreement on accession, predetermines the feature that the passenger or concludes an agreement on the conditions determined by such an organizer or not. These conditions are defined by the Civil Code of Ukraine, the Law of Ukraine “On Transport”, the Law of Ukraine “On Urban Electric Transport”, transport codes and statutes, rules for carriage of passengers by various means of transport, the contract between the organizer or the customer of transportation and the carrier. Their requirements are in the terms of the relevant transportation agreements and are an integral part of them and make up the contents. Accordingly, the protection of the rights of the passenger is due to the content of the terms of such an agreement. The view on the contract of carriage of a passenger as a means of realizing the right of a person to freedom of movement allows to realize that the improper performance of their powers by local self-government bodies in terms of addressing the needs of the population of a territorial community by transport services is a violation of natural human rights. However, unfortunately, the issue of protection of violated rights and protected by law interests of citizens (potential passengers) is not resolved either at the level of positive law, nor at the level of practice of law. Analysis of legislative acts and jurisprudence allows us to conclude that neither carriers nor transport organizers (local self-government bodies) are not civilly responsible for the inadequate organization and operation of public transport. Exceptions include cases of injury or death of users of public transport services in urban and suburban traffic. But in this case the protection does not come from the passenger transportation agreement, but on the basis of acts of civil legislation on the fact of causing damage to a person’s health or death on the basis of the construction of a non-contractual obligation.