Abstract

The article deals with topical issues of securing the rights of the passenger. As violations of this kind of rights are frequent and the means of protection of their rights, except for air transport, are virtually absent under the transport law of Ukraine, except for the possibility of compensation for non-pecuniary damage, the presence and amount of which is determined by court procedure, there is an urgent need to determine and regulate this civil rights, how it is under EU law on new civilizational approaches; securing regulatory safeguards to enforce and exercise their rights. The authors conclude that according to the legislation of Ukraine there are practically no guarantees for the exercise of the rights of the passenger, which is unacceptable at this stage of civilization development. As the mechanism for securing this kind of civil rights under EU law, which is based on the concept of creating a competitive environment, regulating and securing the rights of passengers, establishing negative consequences for the carrier in the event of a violation of the passenger's rights in the form of compensation amounts, despite the fact that he is debatable and imperfect, however, it can be implemented into the national legislation of Ukraine. In addition to the right to require the carrier to deliver it to its destination, the basic rights of the passenger must be legally enshrined and guaranteed: security, human rights, mobility, non-discrimination, assistance in transportation, accessibility, full and reliable information, on the use of remedies, on compensation in case of violation of rights, etc.

Highlights

  • The relevance of the topic is related to the transformation of the legal system, due to the globalization and anthropological processes of modern civilization

  • The legal relationship that arises on the basis of its conclusion has a deeper meaning, content, than the fixing of the obligation to transport the passenger to the destination and the passenger to pay the fare

  • In the civil literature, the object of the legal relationship for the carriage of http:// www.amazoniainvestiga.info passengers was recognized as a transport service as an intangible good that the passenger consumes in the process of providing it (Lukasiewicz-Krutnik, 2019)

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Summary

Introduction

The relevance of the topic is related to the transformation of the legal system, due to the globalization and anthropological processes of modern civilization. The contract of carriage of passengers, traditionally considered to be a design capable of regulating one of the spheres of private life, is beginning to rethink. The approach formalized in the outdated transportation legislation of Ukraine in the second half of the twentieth century, which provided for the functioning of the transport system as an element of defense capacity of a country, sphere or branch of the economy, which, inter alia, relied on the function of meeting the needs of the population in transportation, no longer meets the modern requirements. Transport is no longer perceived as a "great good" where the passenger is satisfied with the mere fact of moving it in space by means of a vehicle. Transport must meet the needs of a person according to his or her conceptions of safety, comfort and quality

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