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ScienceRise: Juridical Science
Article . 2019 . Peer-reviewed
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Passenger rights: the latest civilization approaches and security

Authors: Samoylenko, Georgiy;

Passenger rights: the latest civilization approaches and security

Abstract

The article is devoted to topical issues of securing the rights of the passenger under the legislation of Ukraine. A comparative analysis of the transport legislation of Ukraine with that of the EU has led to the conclusion that not all passenger rights, which they rely on in the present civilizational context, are now legally enshrined. The extent of their provision is currently minimal. Oddly enough, the right to safety did not find its normative regulation either in the acts of transport and civil legislation, or in the Constitution of Ukraine. In the author's view, it must be at the forefront of such fundamental natural human rights as are relevant to human life and health. It should be the main criterion for the proper performance of the contract of carriage of passengers by the carrier. The author insists that the legislation of Ukraine should enshrine the rights of the passenger, which constitute not only the content of the design of the obligation to carry the passenger, but also personal non-property rights, the exercise of which is correlated with the manner of performance of the contract of carriage of the passenger, depending on the technical features of the operation of different modes of transport. as is the case under EU law. These include the right to security, to non-discrimination, to mobility, to accessibility, to assistance, to guarantees of protection, to compensation in case of violation, to the availability of protection, to the right to be heard, to the proper application of national law. These rights should receive regulatory support that formalizes a harmonious combination of legal, organizational, ideological, economic and social components. The legal regulation of certain legal guarantees, in particular the peculiarities of exercising the right of defense and the use of instruments of civil liability of the carrier for improper performance of contractual obligations and / or violation of the rights of passengers (penalties - compensation) can be applied differently by types of transport. But they have to be. Otherwise, it is possible to state the declaration of the passenger's rights

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Keywords

пассажир; перевозки; права пассажира; обеспечение прав пассажира; механизм обеспечения прав; транспортное законодательство; защита, passenger; transportation; passenger rights; passenger rights protection; mechanism of rights protection; transport legislation; protection, пасажир; перевезення; права пасажира; забезпечення прав пасажира; механізм забезпечення прав; транспортне законодавство; захист, УДК 347.763

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selected citations
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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