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