Klepikova O. Theoretical problems of legal organization of the transport system in Ukraine

The thesis is an independent, completed scientific paper dedicated to the study of legal relationships that arise in connection with the formation and development of the transport system in Ukraine. It analyzes the stages of formation of the transport system in Ukraine and identifies the qualification features according to which it operates. The objective feature allowed identifying the sectoral role of the transport system in the economy and its functional direction associated with the implementation of transport activities. The subjective feature allowed identifying the categories of entities that provide the operation of the transport system and the nature of interaction between them. According to the legal feature, the transport system is considered an object of legal regulation. The thesis proves that the transport system in Ukraine is not a subject of law; its sectoral operation is provided by organizational and economic entities and subjects of transport activity. Therefore, it is proposed to identify the subjects of transport infrastructure (transport infrastructure operators) separately. The legal nature of transport activity as a type of economic activity is identified by delimitation of general (generic) and special (sectoral) features. It is proved that the implementation of transport activities, just as the operation of the transport system in general, is always connected with the use of transport infrastructure. The thesis concludes on the formation of an institution of infrastructural law in Ukraine, its role and place in the legislation governing the transport system.