REGULATORY FRAMEWORK FOR THE ORGANIZATION OF THE TRANSPORTATION PROCESS

Abstract

The article is devoted to a comprehensive study of the normative regulation of the transportation process organization in Ukraine. The transportation process is considered as a complex system of social relations that arise in connection with the movement of cargo and passengers and are essential for the economic and social development of the state. The legal regulation of the transportation process is systematized according to three levels: the first level consists of the Commercial and Civil Codes of Ukraine with general provisions regarding transportation, the second level consists of transport codes and statutes that regulate transportation taking into account the peculiarities of each type of transport, the third level consists of rules for cargo transportation that develop the provisions of transport codes.

The significance of international treaties in the system of legal regulation of the transportation process organization is revealed, in particular the Convention on International Road Transport of Passengers and Luggage, the INTERBUS Agreement, and the Warsaw Convention, which are part of the national legislation of Ukraine in accordance with Article 9 of the Constitution. The sectoral legislation is analyzed, including the laws of Ukraine "On Transport," "On Road Transport," "On Railway Transport," the Air Code of Ukraine, the Merchant Shipping Code, and the Law "On Inland Water Transport," which establish the legal, economic, and organizational principles for the functioning of respective types of transport. Special importance is given to secondary legislation, in particular resolutions of the Cabinet of Ministers of Ukraine and orders of central executive authorities that ensure the formation and implementation of state policy in the field of transport.

Attention is paid to the analysis of methods of legal regulation of the transportation process organization, which include methods of prescriptions, prohibitions, permissions, and incentives used to ensure proper organization and implementation of transportation. The importance of contractual relations between participants in transport activities is emphasized, considering the peculiarities of contracts for the transportation of cargo and passengers, including the specifics of legal regulation of relations in urban and suburban connections. The influence of the Law of Ukraine "On Multimodal Transportation" on the modernization of the legal basis for the organization of the transportation process is studied, which creates prerequisites for increasing its efficiency, safety, and compliance with modern challenges and standards. The study also covers issues of transportation safety and risk management, including analysis of regulatory acts that regulate the transportation of dangerous goods and establish a system of standards and norms for preventing emergency situations.