Civil liability of an air carrier: certain aspects

Abstract

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. All mentioned above facts affect the development of infrastructure inUkraine. That is why the issues related to the legal regulation of air transportation activity, including civil responsibility of air carrier,are relevant.Having analyzed current doctrine of civil law, we can conclude that nowadays researchers are paying more attention to a deepunderstanding and study of the general provisions of civil liability of the air carrier in general and various aspects and problematic issuesof it in particular. Special attention is paid to responsibility for the delays in the departure of a passenger and violation of the estimateddelivery time, delays, loss or damage to baggage caused by improper performance of air carrier’s obligations under the contract.To our mind, one of the main problems of the air transportation disputes regarding indemnification refers to the legislationapplied. The fact is that courts tend to use legislation limiting legal opportunities for protection of rights and legally protected interests.The main approaches of judicial practice regarding certain problems of civil liability of an air carrier have been determined. Particularattention is paid to the issues of compensation for moral damage caused to a passenger as a consumer of transportation servicesas a result of improper performance by the air carrier of its obligations.It is important to stress that analysis of various court decisions gives ground to conclude that compensation for moral damagecaused to a passenger is an open question which should be answered. Nevertheless, court practice has been changed recently. Legalposition formed by the Supreme Court regarding the possibility of compensation for moral damage in case the absence of enshriningsuch a person’s right in special acts of civil law, in our opinion, is absolutely correct and progressive.