Derkach E. The Legal Regulation of Cargo Transit by а Rail Freightage

Object of research: the social relations arising during organization and proceeding of cargo transit by a railway freightage. The purpose of research: working out the new theoretical propositions on the legal regulation of cargo transit by a railway freightage and making the theses for improvement the legislation on these points. Methods of research: the abstraction, the modeling, the historical-legal, the analysis and synthesis, the formal-logical, the system, the comparative-legal, the statistical. Theoretical value is to extend and improve in the commercial law science the theoretical theses on the proceeding and organization cargo transit by a railway freightage and also the main directions of state regulation in this sphere. Practical value: the results of research can be used for the further developing and improvement the legislation in the cargo railway's transportation sphere; in practical activity of such subjects who fulfill cargo railway's transportation, for obtaining a license for rendering the services of cargo transit by a railway freightage and checking on performance; for teaching the subjects " Economical Law", "Transport Law"; on the basis of the theses the special subject " Legal regulation of cargo transit by a rail freightage" is prepared. Scientific novelty: the concept of cargo transit by a railway freightage as a type of economic activities is specified, the subjects of cargo transit by а rail freightage are classified. It is argued the suggestion to include a separate section into the Law of Ukraine concerning the railway transport. This section has to set the principles of legal status for those haulers which transit the goods by their own railway spur-tracks. The legal means of state regulation of cargo transit by a rail are described, in particular the price and tariff regulation, the licensing, the certification and standardization. It is reasoned that in current economic conditions there is a necessity to regulate the prices for all the rail hauler's services by the state. This mean of state regulation should be applied till the competition environment in this sphere is formed. The necessity to divide the functions of state regulation and the proceeding the economic activities which are carried out by the State administration of a railway transport is reasoned. Sphere of use: subjects of the legislative initiative, subjects who render the services of cargo transit by a railway freightage; higher educational institutions.