The dissertation is the first in the domestic science of civil law comprehensive research of theoretical and practical problems of passenger rights under the contract of passenger transportation in the context of globalization and European integration processes, on the basis of which the concept of their civil law is developed.
The dissertation defines the methodological principles and provides a general description of the legal regulation of contractual relations for the carriage of passengers as one of the ways to exercise the right to freedom of movement, ensuring the rights of passengers in modern civilization.
Systematic violations of passengers ‘rights, lack of an effective mechanism for protection of passengers’ rights in accordance with Ukrainian legislation in contrast to the EU, which implements the idea of protection of human rights in all spheres of human life (including transport); the lack of systemic regulatory guarantees for the rights of passengers on all modes of transport - necessitated: a comprehensive study of theoretical and applied problems of legal support for the rights of passengers under the contract of carriage under the laws of Ukraine and the EU; developing a unified approach to solving their problems of ensuring the rights of the passenger on modern ideas of private law.
The legal characteristic of legal relations on passenger transportation is given and their structure is defined. The consumer nature of the legal relationship for passenger transportation, the representative nature of the relationship between the carrier and other participants in the legal relationship for passenger transportation are argued. The legal characteristics of legal relations based on the use of mobile applications based on Uber and BlaBlaCar platforms are provided. The peculiarities of the mechanism of legal regulation of passenger transportation are established and the characteristics of its elements, normative-legal and contractual regulation of passenger transportation, ratio of acts of civil, transport and consumer legislation in regulation of these relations and provision of passenger rights are given.
It is determined that the transport legislation of Ukraine in the field of protection of passenger rights in the light of modern civilizational achievements does not meet the needs of passengers (in the context of human rights, passenger rights). Transport legislation focuses more on the interests of the carrier than the passenger.
Peculiarities of legal regulation of relations on passenger transportation in the EU are established. The legal status of the passenger as a party to the contract and the consumer of transport services in the concept of the right to safety is determined.
The rights of the passenger that are recognized and those that need recognition and legal protection are defined. A holistic approach to the formation of an effective mechanism for ensuring passenger rights is proposed. Particular attention is paid to guarantees of ensuring the rights of the passenger, the consequences of violation of his rights, their civil protection, civil liability of the carrier as one of the ways to protect the rights of the passenger. The concept and legal nature are defined, the civil-legal characteristic of the contract of transportation of the passenger is given, its author’s definition is offered. The author’s definition of the contract of transportation of the passenger, which is offered to fix in h. 1 Art. 910 of the Civil Code of Ukraine in the following wording: «1. Under the contract of carriage of a passenger, one party (carrier) undertakes to transport the other party (passenger) to the destination or to move it along a certain route in accordance with the conditions specified by the parties, established by transport codes and statutes, rules of passenger transportation, in case of baggage delivery - also to deliver luggage to the destination and hand it over to the person who has the right to receive luggage, and the passenger undertakes to pay the fare, and in case of baggage delivery - also for its delivery».
The parties, the procedure for concluding and the content of the passenger transportation contract, the features and consequences of termination are determined. The legal consequences of the violation of the passenger transportation contract are determined, their legal characteristics and place in the mechanism of ensuring the rights of the passenger are given.
Theoretically substantiated proposals for improving civil and transport legislation on the basis of the developed paradigm of legal regulation of passenger transportation under the contract, focused on ensuring the rights of the passenger, the exercise of the right to freedom of movement on a security basis. On the basis of the conducted research the project of the Law of Ukraine “About transportation of passengers” is developed.
