Regulatory Provision of the Passenger's Rights in the System of Warranties of their Compliance and Realization
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.
Constitution of Ukraine. (1996). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.
Consumer Protection: Law of Ukraine of 01.12.2006. (2006). Verkhovna Rada (Ukrainian Parliament). Retrieved from https://zakon.rada.gov.ua/laws/show/ru/1023-12/ed20150103/sp:max15?sp=:max15&lang=uk.
Declaration des droits de l'homme et du citoyen du 26 août 1789. (1798). Conseil constitutionnel. Retrieved from http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/la-constitution/la-constitution-du-4-octobre-1958/declaration-des-droits-de-l-homme-et- du-citoyen-de-1789.5076.html
Grigoryan, B.T. (1982). Philosophical Anthropology: A Critical Essay. Thought Publishing.
Kharytonov, E., Kharytonova, O., Tolmachevska, Y., Fasii, B., & Tkalych, M. (2019). Information Security and Means of Its Legal Support. Amazonia Investiga, 8(19), 255-65.
Kot, O.O. (2017). Exercise and protection of subjective civil rights: problems of theory and jurisprudence. Allerta Publishing.
Lukasiewicz-Krutnik, I.S. (2019). Theoretical principles of legal regulation of contractual relations in the provision of transport services in the civil law of Ukraine. Palyanitsa Publishing.
Michurin, E.O. (2015). General Approaches to Restrictions in Law. Problems of the exercise of subjective rights. KhNUVS Publishing.
Nabrusko, I.Y. (2010). Consumption and advertising in the modern world: problems of institutionalization. Bulletin of the Taras Shevchenko National University of Kyiv, 1(2), 72-5.
Nabrusko, I.Y. (2012). Consumption as a mechanism of identity construction. Actual problems of sociology, psychology, pedagogy, 15, 6-12.
On approval of the Regulation on compulsory personal accident insurance on transport of the Cabinet of Ministers of Ukraine; Resolution, Regulation of August 14, 1996 No. 959. (1996). Verkhovna Rada (Ukrainian Parliament). Retrieved from http://zakon0.rada.gov.ua/laws/show/959-96-%D0%BF.
On approval of the Rules for the provision of passenger motor transport services: Resolution of the Cabinet of Ministers of Ukraine; Rules of February 18, 1997 No. 176. (1997). Verkhovna Rada (Ukrainian Parliament). Retrieved from https://zakon.rada.gov.ua/laws/show/176-97-%D0%BF/ed20041225.
Pogribniy, S.O. (2009). Mechanism and principles of regulation of contractual relations in civil law of Ukraine. Legal Unity Publishing.
Primak, V.D. (2005). Civil liability of legal entities. NAS of Ukraine Publishing.
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. (2007). ERA: Academy of European Law. Retrieved from http://www.era-comm.eu/UNCRPD/library_archive_3.html.
Regulation (EC) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in coach and coach transport and amending Regulation (EC) No 2006/2004. (2011). ERA: Academy of European Law. Retrieved from http://www.era-comm.eu/UNCRPD/library_archive_3.html.
Rules of air transportation and service of passengers and luggage: approved by the Order of the State Aviation Service of Ukraine No. 1239 of Nov 26, 2018. (2018). Verkhovna Rada (Ukrainian Parliament). Retrieved from https://zakon.rada.gov.ua/laws/show/z0141-19#n10.
Samoilenko, G.V. (2018). Passenger Carriage Agreement: Doctrinal and Utilitarian Issues for Passenger Rights. Problems of legality, 143, 63-76.
The European Consumer Organization. (2019). The official web-site. Retrieved from http://www.beuc.eu/about-beuc/who-we-are