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;
