Sheluhin N. Legal Regulation of the Cargo Safety in Railway Transit

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U000249

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

24-12-2002

Specialized Academic Board

Д 11.170.01

Essay

Object of research: set of the economic and legal relations, which arise at maintenance of safety of cargoes, which are transported by rail road. The purpose of research: a legal regulation of work of a railroad transportation on security of safety of cargoes during rail transportation; perfection of the legislation and elaboration of the practical recommendations concerning regulation of the relations between shipper's, carrier's and consignees. A method of research: general scientific and special methods, in particular: comparative and analytical, chronological, method of the system analysis, formal-logic. The theoretical and practical meaning consists in a validation of necessity and expediency of such approach to legal regulation of safety of cargoes, at which to the analysis of the rights and duties of the parties under the contract of transportation are not limited, and the system of economic and legal connections is covered, which includes also property legal relation's of the enterprises of main transport with the enterprises of industrial transport, proprietors by access roads, divisions of military and fire protection of a railway transportation, transport militia. On the basis of the analysis of the current legislation on regulation of safety of cargoes transported by a railway transportation, theoretical and practical aspects of a problem of its realization, the mechanism of organizational and legal maintenance of safety of cargoes by rail transportation is elaborated. The results of research are used by refinement of the Recommendations on perfection commercial and pretension of work of safety of cargoes, which are transported by railway, at the enterprises of an metallurgical industry; the methodical instructions on organization of legal work directed on regulation to safety of cargoes, which are transported by railway, in system of the enterprises Uglepromtrans of Ministry of Fuel and Energetics of Ukraine, and also have found use in work act-pretension of a department of a Commercial service of the Donetsk railway. The scientific novelty of the received results is determined by that complex economic-legal research devoted to the analysis of organizational and economic-legal means of regulation of safety of cargoes which are transported by rail for the first time is executed, in presence development of terminological base of the economic legislation in a part of a regulation of traffic. Sphere of use are rule-making bodies of the central authority; Ministry of transport of Ukraine; Ministry of Home Affairs of Ukraine; departments of railways; higher educational institutions.

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