Обеспечение безопасности дорожного движения перевозчиком как условие надлежащего оказания услуг по перевозке пассажиров

Abstract

Certain aspects of bringing the carrier to administrative responsibility for violation of requirements in the field of road safety in the provision of services of inadequate quality for the carriage of passengers are considered. Based on the analysis of legislation and judicial practice, the possibility of simultaneously bringing the carrier to administrative responsibility for violations in the field of road safety and liability for improper provision of services within the framework of administrative and civil law legislation is being investigated. It is stated that the fulfillment of public obligations to comply with road safety requirements is usually the requirements for the provision of passenger transportation services. It is proved that the simultaneous application of several liability measures to the carrier and its employees does not contradict the principle of inadmissibility of bringing twice to responsibility for the same act (non bis in idem), because the subjects of responsibility have different legal status, and legislation is aimed at protecting different protected interests. It is concluded that such an approach makes it possible to distinguish the administrative-legal consequences of violations of road safety requirements by drivers engaged in professional activities and drivers engaged in transportation for their own needs. Consideration of an administrative offense as the basis of civil liability in the field of passenger transportation makes it possible to guarantee road safety when transporting passengers simultaneously by public and private legal means.