On the issue of legal principles of control over the activities of business entities engaged in the transportation of passengers by road transport

Abstract

The article emphasises that the legal basis for exercising control over the activities of business entities engaged in the transportation of passengers by road includes several main elements. First, these are the principles of law – fundamental ideas and provisions that underlie the legal system, such as the principles of justice, legality, and legal certainty, which guarantee law and order and stability in society. Second, the legal basis includes regulatory legal acts – laws and by-laws that establish specific rules of conduct and regulation of social relations. Third, the legal doctrine, which is scientific concepts and theories that influence the development and interpretation of law, is also an integral part of the legal basis. It helps to form a broad understanding, based on an interdisciplinary vision and leading foreign experience, of legal norms and directions of their application. Fourth, judicial practice is court decisions that form legal positions and establish certain approaches to the interpretation of legal norms.

It is argued that control over the activities of business entities that transport passengers by road in Ukraine is based on a number of legal principles that determine the procedure for regulating this activity. This ensures the safety of passengers, compliance with their rights as consumers, as well as compliance by carriers with the requirements of current legislation. Among the main regulatory acts that regulate this area, the Commercial Code of Ukraine, the Law of Ukraine “On Road Transport,” and the Law of Ukraine “On Licensing of Types of Economic Activities” should be mentioned.

It is determined that administrative and legal norms occupy an important place in regulating the activities of entities that transport passengers. They determine the procedure for conducting inspections, imposing fines, and administering sanctions on carriers in case of violation of legislative requirements. Administrative and legal norms play a significant role in ensuring law and order and control in the field of road transportation. They determine the procedure for carrying out control, as well as the grounds for conducting inspections.

References

  1. Provision of road safety by the National Police: legal and organizational aspects: method. recommendations. / V.I. Varivoda, D.A. Evdokimov, V.G. Syuravchyk, O.M. Zhuk; I.I. Ryndyuk. Kyiv: National Academy of the Internal Relations, 2019. 110 p.
  2. Derkach E. M. Legal regulation of economic activity in the field of transport: theoretical and applied problems: thesis for a Doctor of Juridical Science : 12.00.04. Kyiv, 2021. 499 p.
  3. Matchuk S. V. Administrative-legal means of ensuring road traffic safety by bodies and units of the National Police: concepts and types. Law and Society. 2023. № 3. Pp. 219-224.
  4. Petkov S. V. Theory of Administrative Law: Textbook. Kyiv: KNT, 2014. 304 p.
  5. Vazhynskyi S. E., Shcherbak T. I. Methods and organization of scientific research: textbook. Sumy: Sumy A. S. Makarenko State Pedagogical University, 2016. 260 p.
  6. Theory of State and Law. Manual. / [E. V. Bilozyorov, V. P. Vlasenko, O. B. Gorova, A. M. Zavalnyi, N. V. Zayats et al.] ; for general. Ed. S. D. Gusareva, O. D. Tikhomirova. Kyiv: NAIAU, Education of Ukraine, 2017. 320 p.
  7. Semenikhin I. V. Legal Doctrine: Concept, Signs, Structure. Problems of legality. 2016. Vol. 132. Pp. 26-36.
  8. Golodnyk Yu. A. Mechanism for ensuring the protection of citizens’ rights and freedoms in the activities of state authorities. Scientific Bulletin of Uzhhorod National University. 2023. Vol. 78. Pp. 32-37.
  9. Kostromina O. G. Experience of building the National Guard of Latvia // Adaptation of the legal system of Ukraine to the law of the European Union: theoretical and practical aspects: materials of the II All-Ukrainian scientific and practical conference (Poltava, November 23, 2017): in second part Poltava: Rossava, 2017. Part 1. Pp. 65-66.
  10. On Amendments to Certain Legislative Acts of Ukraine on State Regulation and Management in the Field of Transport and Road Facilities: Law of Ukraine of November 20, 2012 № 5502-VI. URL: https://zakon.rada.gov.ua/laws/show/5502-17#Text.
  11. Kryskov A. A. Lecture Notes on the Discipline “Legal Foundations of Entrepreneurial Activity in Motor Transport”. Ternopil: “Sole proprietor Palyanytsia V. A.”, 2015. 56 p.