Place and role of transport law in the law system of Ukraine ; Місце і роль транспортного права в системі права України

The article reveals the place and role of transport law in the legal system of Ukraine and characterizes the peculiarities of transport relations, sources of transport law. It is noted that transport law is a complex sub-branch of law that combines norms of civil, economic, administrative, land, labor, commercial and a number of other branches of law. Transport law contains public-law and private­law norms that regulate social relations arising in the field of transport activities. Transport activity is accompanied, as a rule, by the conclusion of transport contracts. In its essence, transport law is more closely related to civil law, because property relations make up the material content of transport contracts, transport risk insurance contracts, legal situations of customs clearance of goods, etc. The main factor in property relations in the field of transport are transportation contracts, which are regulated by civil law. A special place is occupied by the protection of the property rights of the parties to obligations arising from transportation contracts. It is argued that transport activity includes both the physical movement of passengers, luggage, and cargo from the point of departure to the destination, as well as auxiliary services. Such activities are carried out on the basis of relevant transport contracts. This is the generalized name of all contracts that are regulated by the provision of certain transport services (transportation, forwarding, etc.). The main type of transport contracts is a contract of carriage. Article 908 of the Civil Code of Ukraine establishes the basic provisions regarding contracts for the carriage of cargo, passengers, and luggage, including liability for the main types of violations of obligations arising from carriage contracts; general regulations on transportation. The conditions of transportation of cargo, passengers and luggage by separate modes of transport, as well as the responsibilities of the parties regarding these transportations, are established by the ...