Changed by D.G. Ensuring and protecting the rights of persons with disabilities under the passenger transportation contract. – Qualifying scientific work on manuscript rights.
Dissertation for the Doctor of Philosophy degree in specialty 081 "Law". – Zaporizhia National University, Zaporizhia, 2023.
The concept of modern private law is based on the recognition of human rights and freedoms, ensuring their implementation and protection in all spheres of human existence. One of its fundamental principles is the principle of equality and non-discrimination, which is currently meaningfully filled with the provisions of equality of human rights and freedoms, as well as equal opportunities to exercise them. In the field of ensuring the rights of persons with disabilities, this principle was transformed into the concept of inclusion, which is based on the social model of disability and provides for the support of a person with a disability, his involvement in all spheres of human existence, and in the field of transport, it was concretized into a paradigm of barrier-free and accessible transport services for such passengers. Unfortunately, its implementation in the acts of transport legislation is slow, mostly under the influence of European integration processes and adaptation of national transport legislation to EU legislation in the field of transport activities and protection of the rights of passengers on various types of transport, moreover, mostly selectively. This worsened with the Russian Federation's war against Ukraine.
A priori, the transportation of passengers by various modes of transport is one of the ways in which a person can exercise the right to freedom of movement. These transportations are carried out on the basis of the passenger transportation contract and the obligation of the state as a component of its social policy. Since the carriers are entrepreneurs and the state does not always fulfill its obligations, the legal position of the passenger as a weak party to such a contract requires detailed regulatory support for him as an equal participant in civil relations, at least at the level of guaranteed seats for such passengers. The problem of the passenger's legal position with inclusiveness is that the need to ensure their rights and opportunities to exercise them conflicts with the rights of other passengers. At the very least, refusing to indicate priority places for them is extremely unreasonable. Although the principles of barrier-free and accessibility were formulated in the National Strategy for the Creation of a Barrier-Free Space in Ukraine for the Period Until 2030, approved by the Decree of the CMU of April 14, 2021, No. 366, the provision of the accessibility of the transport infrastructure was omitted , information about the specifics of such a transport service and the assistance provided in its implementation; availability of priority for persons with inclusivity (not only with disabilities of movement, sight and hearing), and not only the population with reduced mobility. Positivism, inherent in the national legal system, in determining and ensuring the protection of the rights of passengers with disabilities requires not only the recognition of their rights, but also their normative consolidation at the level of elements of the mechanism of their legal regulation, balancing with public ways and means of securing guarantees of the exercise of rights, their protection and protection Currently, the subjective rights of passengers with disabilities and reduced mobility under the transport legislation of Ukraine are specific to different types of transport and contain gaps and inconsistencies with the relevant EU law and the rule of law. These rights are declarative and even populist and are not provided with guarantees of their implementation. The selective provision of them by the carrier's obligations does not foresee effective negative consequences for it, in particular regarding non-fulfillment or improper fulfillment of its licensing obligations, as evidenced by numerous conflicts in their interpretation by representatives of such carriers. The protection and protection of the rights of inclusive passengers, despite the determination of their legal status at the general level (based on the principles of equality and non-discrimination enshrined in the Constitution of Ukraine and international acts), is focused on the restrictions detailed in the current transport legislation, which is extremely anachronistic. Therefore, almost the only way to protect the rights of passengers with disabilities and limited mobility is compensation for moral damage on the basis of the Law of Ukraine "On the Protection of Consumer Rights" and exclusively for issues not regulated by acts of transport legislation, which is an evaluative category and is arbitrarily determined by the court.
Such a state of ensuring and protecting the rights of passengers with disabilities and limited...
