MECHANISM FOR MONITORING CONTRACTUAL ACTIVITIES IN THE TRANSPORT SECTOR: ORGANIZATIONAL AND LEGAL ASPECTS

Abstract

The article is devoted to scientific and legal research on the organization of a mechanism for controlling contractual activities in the field of transport in the context of the transformation of the national legal system and the establishment of a civil law model for regulating contractual obligations. The author substantiates the thesis that control over the performance of transport contracts is a rather complex legal phenomenon, which is formed at the intersection of private law principles of freedom of contract, good faith, and binding obligations, and public law instruments of state regulation, determined by the social significance of transport activities.

The study analyzes the provisions of the current civil legislation of Ukraine and special regulatory acts in the field of transport through the prism of the principles of legal certainty, proportionality, and balance of private and public interests. The author pays particular attention to the practice of the European Court of Human Rights (hereinafter – the ECHR) regarding the permissible limits of state interference in property and contractual legal relations, as well as its significance for the formation of effective mechanisms for monitoring the fulfillment of transport obligations. Based on a critical analysis of the doctrinal approaches of domestic and foreign scholars, it is proven that reducing control exclusively to administrative supervision or, conversely, to contractual self-regulation of the parties does not meet the modern challenges of the functioning of the transport market.

Taking into account European experience and the Roman law principles of contract law, the author substantiates the expediency of forming a multi-level model of control over contractual activities in the field of transport, capable of ensuring the stability of transport legal relations, the necessary and effective protection of the rights of their participants, and the predictability of legal regulation. The author has formulated proposals for improving national legislation with the aim of increasing the effectiveness of control over the performance of transport contracts and bringing Ukraine’s law enforcement practice closer to European standards.