In Article 24 of the above-mentioned Federal Law, the obligations of participants road traffic are reduced to the requirements to comply with the Federal Law dated December 10, 1995 N 196-FZ and adopted in accordance with it regulatory legal acts in terms of ensuring road safety movement.
On security security automotive transportation passengers And cargo aimed Federal law from 9 February 2007 of the year N 16-FZ “ABOUT transport security. His goal is sustainable and safe functioning transport complex, protection interests personality, society and the state in the field of the transport complex from acts illegal interference.
Under the act of unlawful interference unlawful action (inaction), including terrorist Act, threatening safe activities transport complex, entailed behind yourself causing harm life And health of people, material damage or created a threat of such consequences. Transport safety is a prerequisite for transportation passengers, baggage and cargo.
It is provided through the implementation state- determined system of legal, economic, organizational and other measures V sphere transport complex, relevant threats committing acts illegal intervention. Transport complex – This objects And subjects transport infrastructure, A also vehicles, including automobile transport, used For regular transportation passengers and cargo and their transportation on winter roads, or used for transportation of dangerous goods, for which special permission. Objects transport infrastructure are automotive stations, bus station, plots automotive roads And technical complexes. Subjects transport infrastructure are legal face, individual entrepreneurs And individuals who are owners of transport facilities infrastructure and/or vehicles. These include legal entities, individual entrepreneurs and individuals, which use objects transport security on others legal grounds, for example, in cases where car repair stations taken in rent.
According to Article 4 of the Federal Law of February 9, 2007 N 16-FZ, transport safety must provide the above entities transport infrastructure, A Also carriers. As such data law recognized legal faces or individual entrepreneurs who have assumed the responsibility to deliver passengers, and also the cargo and baggage entrusted to them by the sender from the point of departure to paragraph destination. Except these responsibilities, on carriers assigned duty extradite cargo And baggage competent on This face (recipient).
For direct work By ensuring transport security formed special services. They formed on objects transport infrastructure from persons, responsible behind transport safety, including staff subject transport infrastructure or subdivision transport security, And provide protection objects transport infrastructure And Vehicle from acts illegal intervention.
IN art.12 Federal law from 9 February 2007 of the year N 16-FZ established, What subjects transport infrastructure And carriers entitled receive from ministries transport RF And ministries internal cases RF information By issues ensure transport security And bring in V these authorized federal bodies executive authorities offers By ensuring transport security. At the same time, they are obliged to immediately inform competent state bodies about threats committing acts illegal intervention on objects transport infrastructure And transport funds, fulfill instructions, decrees authorized official persons, render assistance V identification, warning And suppression acts illegal intervention, establishing reasons And conditions, conducive their commission, introduce V competent bodies reliable information For holding categorization their objects transport infrastructure And transport funds.
IN aggregates execution such responsibilities guarantees prevention of acts of unlawful interference in the organization transportation passengers And cargo by car.
Except Federal law from 2 February 2007 of the year N 16-FZ, requirements, directed on security serviceable states automotive transport at his operation, contained V Federal law from 27 December 2002 of the year N 184-FZ “ABOUT technical regulation” and in the Federal Law of July 1, 2011 N 170-FZ “On technical examination transport funds And O making changes V individual legislative acts Russian Federation”. Naturally, compliance fixed V these laws obligatory rules Also creates conditions For security transportation passengers And cargo automotive transport.
Aimed at preventing road accidents Federal law from 25 April 2002 of the year N 40-FZ “About mandatory insurance civil responsibility owners transport funds.” In cases where it was not possible to avoid traffic incidents, on the basis of the rules contained in this Law, Job By ensuring compensation damage persons insured mine transport. Demand V providing compensation damage V our country enough big. On automotive roads annually committed more two hundred thousand accidents. Cause many road transport accidents is poor quality state automotive roads. That’s why To sources road transport rights, providing safe transportation passengers And cargo, applies Federal Law of November 8, 2007 N 257-FZ “On Automobile roads and road activities in the Russian Federation and on the introduction changes V individual legislative acts Russian Federation”. By this law on federal government bodies, bodies the state authorities of the constituent entities of the Russian Federation and municipal bodies are entrusted with duty support V proper able respectively federal, regional, local automotive roads. Functioning With this goal And specialized state company “Russian automotive roads.” Her status defined V Federal Law No. 145-FZ of July 17, 2009 “On the State company “Russian Automobile roads.”
The right to carry out road transport of passengers, baggage and cargo limited necessity receiving licenses only V one case. IN Federal law from 4 May 2011 of the year N 99-FZ About Licensing individual species transport activity”. provided licensing road transportation of passengers automotive transport, equipped for transportation more eight people.
An important legal source on the basis of which automotive transportation passengers And cargo, is Civil code Russian Federation. Peculiarity regulation civil legislation relations By transportation automotive transport passengers And cargo appears V volume, What They are being built on recognition equality participants these relations, immunity property And freedom contracts, inadmissibility arbitrary intervention anyone V private affairs, Also on unhindered implementation civil rights And providing recovery violated rights And their judicial protection. IN civil code RF established, What physical And legal faces acquire And carry out their civil rights his will And V his interest. It is only on the basis of federal law that they can be limited for purposes of protection fundamentals constitutional building And security states. Regulation automotive transportation on basis fixed V Civil Code of the Russian Federation principles are implemented in accordance co articles merged V his chapter 40, which It’s called “Transportation”. in detail about this will told V third And fourth chapters present editions.
IN Russian Federations available special federal legislation, regulating public relationship V sphere organization of control over road transport of passengers and goods. Such norms are contained in the Federal Law of February 7, 2011 N 3- Federal Law “On the Police”, in the Federal Law of July 24, 1998 N 127-FZ “On state control behind implementation international road transport and liability for violation of the procedure for their implementation”, as well as in the Federal Law of December 26, 2008 N 294- Federal Law “On the protection of the rights of legal entities and individual entrepreneurs when exercising state control (supervision), and municipal control.” At this Federal law from 7 February 2011 of the year N 3-FZ “ABOUT police” To number major directions activities police applies security security road movement. IN circle her responsibilities included security security citizens on transport highways, implementation control (oversight) behind activities organizations, implementing