Traffic safety organization and transportation process

Subject 1.1.

Federal sources road transport rights

Transport belongs important role V development economy states. He serves: – ensuring production; – circulation products industry And rural farms; – ensuring needs capital construction; – satisfaction needs citizens V transportation. Main activity transport is V transportation cargo, passengers luggage And mail. Regulation transport relations is carried out by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, transport statutes And codes. System norms, contained V specified laws, and also in other normative legal sources, which regulate transport activities related to transportation, can be interpreted as one of the branches of law, called transport right. Among legal scholars met different interpretations concepts transport law, its role and place in the general system of law. Most justified is the approach to transport law as a complex industries rights. Her subject are public relationship different types:

1) legal relationship, related With organization And implementation transportation, based on contractual beginnings;

2) relationship administrative and legal character, caused necessity strict compliance rules use transport means, ensure measures security, implementation control behind activities V transport area, technical oversight behind him;

3) labor legal relations on transport;

4) legal relationship, emerging between parties V connections With pretentious in order consideration disputes those. procedural legal relations. Other important factor giving base attributed transport law to a complex industry, is the fact that its norms Not connected unified method legal regulation.

Main method legal regulation transport contractual legal relations is method equality sides. However with regard to To administrative legal relations on transport used method powerful orders. procedural legal relations inherent dispositive-imperative method.

It is the complex branches of law that are inherent as a subject public relationship Not one kind, A V quality method – different ways, facilities their regulation.

Thus, transport law is a set of legal norms, regulating relationship contractual, managerial, labor And procedural character V areas transport activities By organizations and implementation transportation.

The principles of transport law are fundamental, guiding beginnings, provisions that determine its essential aspects. To the number principles transport law Can include the following:

1. Principle free displacement cargo, baggage, movement passengers means What subjects RF, municipal education Not entitled install any barriers restrictions movement By to their territories. It is not allowed to establish customs borders between regions Russian federation, introduction duties, fees, other obstacles to the free movement of goods, the creation of artificial obstacles for the movement of citizens (part 1 of article 7, part 1 of article 74 of the Constitution of the Russian Federation). Exceptions from principle free displacement cargo, baggage, movement passengers constitute questions, concerning security transportation, protection of nature and cultural values (part 2 of article 74 of the Constitution RF).

2. Principle freedom transport agreements conditioned fixed V Art. 421 GC provisions O freedom contracts, which spread on contracts, concluded at organizations And implementation transportation:

а) Liberty legal persons And citizens V acceptance solutions O imprisonment or non-conclusion transport contracts;

b) Liberty participants contractual relations choose counterparty By transport contract;

c) the freedom of the parties to develop the terms of the transport contract, on which it will be concluded, which means that the freedom to determine the participants their civil rights and responsibilities.

3. The principle of combining national interests with the interests transport companies and customers due to the fact that transport is one from constituents effective development state economy. It is interested in optimizing transport processes, expansion of the network of transport arteries, etc. Transport enterprises interested V maximum extraction arrived, What achieved through intensification displacement objects transportation, acceleration turnover mobile composition, use most contemporary And economical transport funds. All This salutary affects on development economy states And answers interests clients.

4. The principle of combining centralized regulation of transportation with departmental regulation order her implementation. Along With centralized regulation transport statutes And codes transportation individual types transport required regulation departmental normative legal acts concrete technical legal issues of organization and implementation of transportation. to them first queue relate rules transportation cargo, passengers luggage relevant types transport, A Also various technical terms, conditions, rates, etc. Their adoption is primarily Ministry of Transport Russia.

5. Principle implementation transportation on base organizational- legal prerequisites means What shipping cargo Maybe be implemented at implementation certain organizational and legal action, compiling relevant documents (contracts, plans agreements). Compiled within the framework of this principle, legal documents – contracts, plans, agreements – make the transportation process sufficiently organized, predictable, guaranteed against various kind subjective moments A V final account – optimal.

6. Principle ensure efficiency And quality transport activities means Firstly, stability work all species transport, Secondly, availability And safety rendered transport services, Thirdly, development competition on market transport services, fourth, consistency functioning elements unified transport system.

7. The principle of legality as a fundamental principle of law is inherent and transport law. Due to the peculiarity of the transport process, due to the use of a source as a means of transport increased danger, the Law on Transport Security enshrined position, laying on participants transport legal relations duty strictly fulfill requirements, related With transport security. In this Law, among the principles ensuring transport security in the first place is the principle legitimacy (art. 3).

8. WITH principle legitimacy closely tied principle control And fortifications disciplines on transport. By essence, this principle is one from necessary conditions compliance transport legislation. Control And supervision on transport carry out special state bodies (Federal service By supervision V in the field of transport, Russian River Register, Unified Management System by air movement) and special officials.

The system of transport law consists of the General and Special Parts. General Part includes the following main provisions:

• concept transport rights;

• principles And sources transport rights;

• transport legal relations;

• control on transport;

• concept transportation;

• transport contracts, their kinds;

• responsibility behind violations obligations By transportation.

General Part How backbone factor is base For creation and operation of the norms of the Special Part of Transport Law, which govern specifics organizations And implementation transportation relevant modes of transport.

Along With highlighting General And Special parts system transport rights present such structural elements, How sub-sectors rights And legal institutions. Considering sub-sectors transport rights, should proceed from interpretations sub-sectors How holistic education norms, regulating specific view public relations V within spheres legal regulation relevant industries. Exactly such an approach, considering character regulated system norms public relations And methods regulation, allows us to distinguish the following sub-sectors of transport rights:

1) contractual transport obligations;

2) state control V transport sphere;

3) work on transport;

4) claim procedural permission disputes V connections With transportation.

Item contractual transport obligations property character constitute relationship economic turnover, which mediate displacement material good. Norms this sub-sectors govern contractual conditions organizations And implementation transportation passengers baggage, cargo.

Depending on the modes of transport used, the sub-sector reflects peculiarities conditions organizations And implementation transportation automobile, railway, air, maritime And internal water transport.

Sub-sector state management V transport sphere:

a) contains a system of norms governing the administrative and legal status federal body executive authorities V areas transport (Ministry of Transport Russia);

b) norms given sub-sectors fix forms managerial action, To which relate, V in particular decrees President RF, decrees Governments RF By issues management V areas transport activities, orders Ministry of Transport Russia, V volume including approving the rules for the carriage of passengers, baggage, cargo by various types transport, and etc.;

c) this sub-sector includes the rules governing the supervision and control activity at implementation management on transport;

d) To given sub-sectors relate norms, regulating legal relations regarding compliance with the rules of administrative and legal modes, For example regime emergency provisions.

Administrative and legal modes may influence on performance contractual conditions By transportation, temporarily stopping or suspending their.

Work on transport How sub-sector transport rights characterized reflection V her norms features labor activities workers transport. She includes special norms, fixed V transport laws, which establish labor relationship on transport And define specifics conditions labor transport workers.

Claims and procedural resolution of disputes in connection with transportation How sub-sector transport rights contains norms, establishing grounds for filing claims, persons entitled to implement the established pretentious order, proper carrier defendants, stages claim procedures, claims terms. These norms govern legal consequences of the decision on the claim, as well as the conditions for applying passenger, shipper, consignee With lawsuit V judicial authority.

The Institute of Transport Law is a system of legal norms, governing variety subject related transport relations V framework relevant sub-sectors. If consider institutions of such a sub-sector as contractual transport obligations, then This before Total institutions contractual transportation obligations, responsibility V connection with organization and implementation transportation.

Institutes transport rights V my queue subdivided on sub-institutions. IN in particular V framework Togo same Institute contractual transportation obligations Can highlight V quality sub-institutions contractual obligations for the carriage of passengers, baggage, cargo and cargo. Sub-institutions contain systems norms smaller scale By comparison With systems institutional norms, V compound which They are included.

Wide and multifaceted subject transport rights conditioned necessity attract For regulation public relations in the transport sector, the norms of various branches of law, including norms of administrative, civil, land and labor law. IN Therefore, transport law is characterized as a complex law. Except Togo, specifics transport rights appears V volume, What adjustable his norms public relationship arise at use transport general use, which is source elevated danger. On sign complexity transport rights drew attention V.A. Elizarov. He noted What transport right governs different By character relationship, which arise V process relationships transport enterprises With clientele, When such relationship need V special regulation because of their features. These peculiarities appear V process regulation transportation passengers And cargo aviation, automobile, river And maritime, water And railway transport. By opinion I.V.Spirina, comprehensive law is And motor vehicle law. It appears that the legal basis for such estimates are available. After all If self transport right evaluated How complex, then its parts also have this sign.

foundation For allocation this sub-sectors transport rights is Availability relatively big segment public relations, emerging V process organizations movements by road By automotive roads. Such public relationship constitute item given sub-sectors. These public relationship relatively independent. IN connections With how available an objective need for the adoption of special legal normative acts for their regulation.

The object of motor transport law is transportation processes and processes their providing, including service And repair automotive transport general use. Subjects motor transport law – state and municipal authorities, commercial organizations, pedestrians, passengers, shippers And other interested persons involved in implementation road movements By automotive roads, A Also face, providing safety vehicles and his proper operation.

By condition on 1 January 2016 of the year public relationship, arising in the process of road transport regulate more than 150 normative legal acts, including 23 federal laws, 4 decrees President RF, 44 decrees Governments RF, 35 orders ministries transport RF. Regulatory legal acts By this issues publish Also Ministry internal cases RF, Ministry of Health RF And Ministry education And Sciences RF. These normative legal acts regulated the whole range, relatively independent road transport public relations, including social relations arising in the process road transportation of passengers and goods, as well as other public relationship, emerging V process creation organizational, technical and other conditions for passenger and freight automobile transportation, And activities to ensure their safety.

The breadth of the above social relations is due to Availability big quantities legal sources, constituents motor vehicle law. In a broad sense, the concept of “sources of law” is normative legal acts state bodies authorities, legal treaties, normative legal acts adopted with the sanction of the state public organizations precedents, legal customs. IN this scroll should include And municipal legal acts. IN narrow sense, “legal sources” refers to normative legal acts bodies state authorities. They have special meaning For implementation of road transport, as they regulate the most important questions their organizations And provided, at need, measures state coercion.

Motor transport legislation is a set normative legal acts, governing public relationship, arising in the process of creating safe, comfortable and other conditions For movements private And public transport, ensure safe automotive transportation passengers And cargo V points destination. The specificity of these normative legal acts is manifested in their purpose and content. The purpose of this group of regulatory legal acts is Creation safe conditions And security transportation people and goods by wheeled vehicles on highways from item sending V paragraph destination. Norms given aggregates normative legal acts define order training road transport funds To movement, peculiarities movements By automotive roads, organization landings And landings passengers loading And unloading cargo, rights And responsibilities participants road movement, powers bodies state authorities And local self-government By organizations transport service population. They describe the essence of offenses in the carriage of passengers and goods and contain sanctions (punishments) for their violation, determine the procedure punishment guilty.

The universal legal source of all branches of law is Constitution Russian Federation. TO motor transport law have attitude following her articles. First of all, an article that recognition of a person, his rights and freedoms for the state is the highest value. This norm is contained in Article 2 of the Constitution of the Russian Federation. Its implementation is one of fundamental postulates which called upon guided by state. In the process of its implementation, the state must ensure Creation conditions For Togo, to People were V comfortable safe conditions while traveling on roads. For spheres applications norms road transport rights significant meaning has Article 8 of the Constitution of the Russian Federation. The significance of this article is shown in the fact that The Russian Federation is guaranteed a single economic space, free movement of goods and services. Such constitutional provisions provide unhindered automotive transportation passengers And cargo in all cities and towns of the Russian Federation, which is very important as For fortifications communication between people living V different inhabited paragraphs, So And For functioning all-Russian economic space.

The rhythm of production is largely determined by the timeliness transportation automotive transport products By objects industrial infrastructure. That’s why naturally, What federal transport, which forms the basis of all transport in our country, according to art.71, applies To subjects exceptional reference Russian Federation. Hence, legal regulation organizations exploitation federal transport Maybe carried out only federal authorities state authorities. IN That same time, V my queue bodies state authorities subjects Russia govern organization work vehicles on regional level. Organs local self-government has the right to regulate the organization of work vehicles on relevant territories municipal formations And provide transport service their inhabitants.

Constitutional provisions develop V federal laws And other normative legal acts. Fundamental in the system road transport rights have federal laws. Wide range motor transport relations are regulated by the Federal Law of November 8 2007 of the year N 259-FZ “Charter automotive transport And urban ground electric transport” (Further – Federal law from 8 November 2007 N 259-FZ). The legislator combined these two, in general, different kind public transport, because their Can unite notion “wheeled transport facilities”. Data Federal law regulated relationship, emerging at transportation automotive transport And urban ground electric transport of passengers, baggage and cargo. At the same time, in Article 3 this Federal law established right Governments Russian

Federations approve rules transportation passengers And cargo. IN the following article of the Federal Law of November 8, 2007 N 259-FZ, which assigned number 3.1, installed order implementation state oversight V areas automotive transport And urban ground electric transport. Further in this Federal law determined specific order transportation activities various types cars, trams and trolleybuses.

Automotive transportation passengers And cargo relate To types public benefit activities elevated danger. On roads countries in 2015, more than 25 thousand people died. About ten times more of people suffered from road transport incidents. accidents on automotive roads inflict big material damage. On minimization such negative consequences directed some federal laws. TO such before Total applies Federal law from 10 December 1995 of the year N 196-FZ “ABOUT security road movement” (hereinafter – the Federal Law of December 10, 1995 N 196-FZ). IN German defined legal basics ensure security road movements on territory Russian Federation. According to Article 3 this Federal law, To number major signs ensure road safety concerns the priority of life and health citizens, participating V road movement, above economic results economic activities, a priority responsibility states behind security security road movements above responsibility of citizens participating in road traffic, compliance with interests of citizens, society and the state while ensuring security road movements And target program approach to this activities.

Federal law from 10 December 1995 of the year N 196-FZ provides, What security security road movements carried out not only by state authorities, but also by public associations. At the same time, public associations created to protect the rights and legitimate interests of citizens participating in road traffic, entitled bring in V bodies executive authorities offers By improvement technical regulations And others normative documents, conduct research reasons And circumstances road traffic accidents, take measures to prevent them, and also, if necessary, transfer the materials they have to prosecutor’s office and represent the interests of its members V court.

The Federal Law of December 10, 1995 N 196-FZ contains norms, establishing main requirements By ensuring security road movements at design, construction, content And repair automotive road, their arrangement objects service, norms, defining order temporary restrictions or stopping the movement of vehicles on highways, and Also norms, containing main requirements By ensuring security road movements at manufacturing And exploitation Vehicle and in process their repair.

The Federal Law of December 10, 1995 N 196-FZ contains requirements To legal persons And individual entrepreneurs, implementing activity, related With exploitation transport funds. They obliged observe rules ensure security passenger transportation and cargo by road and urban ground electric transport, organize the work of drivers in accordance With requirements, providing safety road movement, work schedule and rest drivers, create conditions For raise their qualifications. Articles 23 And 23.1 Federal law from 10 December 1995 of the year N 196-FZ govern questions medical ensure road movements through creation systems measures checks the health status of vehicle drivers. Named articles installed obligatory preliminary medical inspections persons, accepted on work drivers. Mandatory medical examination pass drivers V connections With replacement driving certificates after expiration term his actions, A Also V connections With return driving certificates after expiration term deprivation rights on control transport means. Allowed extraordinary obligatory medical examination drivers V case identifying signs diseases (states), Availability which hinders possibilities management transport means. Higher named obligatory medical inspections are held behind check financial funds drivers And candidates V drivers transport funds. Pre-trip and post-trip medical examinations are carried out for check employers. At this should have V mind What according to Federal law from 13 July 2015 of the year N 220-FZ “About organizations regular transportation of passengers and luggage by road and urban ground electric transport in the Russian Federation and O making changes V individual legislative acts Russian Federation” (hereinafter – the Federal Law of July 13, 2015 N 220-FZ) under flight means the path of a vehicle along the route of regular transportation from the starting main point to the final stopping point or from final main item V elementary basic paragraph.