ПРАВОВЕ РЕГУЛЮВАННЯ ПЕРЕВЕЗЕННЯ ПАСАЖИРIВ ПОВIТРЯНИМ ТРАНСПОРТОМ

Abstract

The article describes the legal regulation of the contractual relations of carriage of passengers by air transport, analyzes the protection of the rights of passengers in case of delay or cancellation of the flight according to the national legislation of Ukraine and according to the norms of international conventions and regulations, and the determination of the international law of delay.

Special civilistic literature has been analyzed and, on this basis, it is concluded that insufficient attention is paid to the protection of civil rights under the contract of carriage of passengers by air. As a rule, it is only the carrier's liability for non- compliance or improper performance of the terms of the contract of carriage of passengers by air. The conflict of law rules on the application of civil liability in the case of voluntary compensation is also indicated.

It is pointed out that the rules of air transportation of passengers and baggage should clearly state the consequences of non-compliance or improper fulfillment by the parties of the contract, admissible forms and methods of protection of both violated rights and the interests of the person (passenger) protected by law, among which the main should be compensation for damages (including moral (non-property) damages.) The position was maintained that since in a specific legal relationship for the carriage of passengers by air, it is impossible to determine all subjective rights and rights the legal obligations that would constitute the content of the contract of carriage, namely the interests protected by law of a person arising from its civil legal status, and are a link between the benefits and subjective rights, ensuring the complete protection of the rights of passengers in the broadest sense and possibility However, it is important to note that such a position must find its legal fixation at the level of law.