Klynchuk V. Administrative and Legal Basis of State Regulation in the Field of Transport in Ukraine.

The thesis is the first complex scientific research in Ukraine of administrative and legal basis of state regulation in the field of transport in Ukraine to outline the administrative and legal concept of state regulation in the field of transport with the use of modern methods of scientific knowledge, taking into account achievements of legal science, regulation in this field, and formulated scientifically sound conclusions and scientific and practical recommendations for improving the administrative and legal support of the state regulation in the field of transport. The thesis formulates the author 's definition of "state regulation in the field of transport" as a set of legal and economic tools by which the state through its authorities (specially created independent regulator) exerts the influence on the activities of natural monopolies in the field of transport and businesses operating in related markets in the field of transport in order to ensure the efficiency of the market in the field of transport. Based on the implementation of the comparative characteristics of the administrative and legal status of national regulatory authorities in the field of transport of EU member states, the author substantiates the feasibility of identifying institutional models of state regulation in the field of transport in the EU member states, namely: - by the criterion of the number and sectoral competence of regulators: sectoral model of state regulation, which creates separate regulators in various fields, including transport, energy, telecommunications and communications, or the creation of a single regulator, whose competence extends to all network industries; - by the criterion of the legal status of the state regulatory authority: state regulation can be carried out by an independent regulator, which has a special status and occupies a special place in the system of public authorities, or executive authorities endowed with certain regulatory functions; - by the criterion of formation of the regulator: the main subject in the process of formation of the regulator is the president, or parliament, or executive authorities; - by the criterion of sources of funding for regulators: the activities of the regulator are financed from the state budget, or through fees from transport companies operating in the transport market. The thesis research analyzes the activities of independent regulators in the field of transport in the United States, Canada and Australia, as well as the cooperation of international regulators in Europe. It is established that in the USA there are three separately created regulators, and in Canada and Australia the state regulation of various spheres of transport is carried out by one specially created body.