Derkach E. Legal regulation of economic activity in the field of transport: the theoretical and applied issues.

The thesis is devoted to the research of theoretical and applied problems of legal regulation of economic activity in the field of transport. The general provisions on transport activity as a type of economic activity are analyzed and prescribed. The concept of Transport Law as an element within the legal system of Ukraine has been considered and specified. The principles of Transport Law are determined: 1) unity of the transport system; 2) coordination of the interests of the state, business and society in the development of the transport system on the public-private partnership basis; 3) sustainable development of the transport system. The provisions on the legal basis of economic activity in the field of transport are investigated and the ways for developing current legislation are proposed. It is argued that currently the transport industry faces new challenges for national legislation: the introduction of modern logistics technologies for transportation and cargo handling, telecommunication systems for freight transportation, digitalization, uberization and platformization of transport activities. It is proposed to clarify the provisions of Chapter 32 of the Economic Code of Ukraine and adopt a corresponding statute - the Transport Code of Ukraine in order to unite the various legislative provisions of current transport codes, laws and other types of legislation. The structure of the Transport Code of Ukraine has been proposed. The proposals for improving the legal status of the participants in economic relations in the field of transport, as well as organizational forms of transport entities are substantiated. The proposal to include into the Economic Code of Ukraine the category of «transport organization» as a business entity that organizes and / or provides transport services is substantiated. Based on the analysis of current legislation the peculiarities of transport organizations’ legal status are determined. It is proposed to include the provisions on legal status of transport economic entities to the Economic Code of Ukraine (such as transport operator, multimodal freight operator, railway operator, transport infrastructure operator, maritime agent, charterer, freight forwarder, etc.). The classification of transport organizations has been developed using a number of criteria. It is established that the priority forms of business entities may be industrial transport and logistics parks, as well as startups as the innovative form of organizing transport activities. The provisions on economic-legal liability of business entities in the field of transport, as well as protection of their rights and interests have been specified. In addition, it is provide by the Economic Code of Ukraine the clause for resolving the disputes concerning transportation of goods using the alternative means of protection: 1) arbitration; 2) mediation; 3) other alternative ways for resolving disputes. The proposals for improving of the state and contractual regulation of economic activity in the field of transport as well as promoting of public-private partnership have been developed. The concept for improvement of economic-legal regulation of transport activity has been substantiated. The amendments for developing relevant legislation have been proposed.