Publication date: 11.07.2024
Liability for violation of the rules for the provision of transport services
Transport services are an integral part of modern society, ensuring the mobility of the population and economic activity. The rules for the provision of transport services are designed to ensure the safety, comfort and quality of transportation. Ukraine has a strict legal and regulatory framework that governs the relationship between carriers and passengers, sets requirements for the quality of transport services, and defines liability for violations of these rules. In this article, we will consider the main aspects of liability for violation of the rules for the provision of transport services, the regulatory framework, types of violations, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of transport services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Road Transport":
- Defines the legal, economic and organisational framework for the operation of road transport, sets requirements for carriers and passengers, and rules for the provision of transport services.
TheLaw of Ukraine "On Railway Transport":
- Regulates legal relations in the field of railway transport, establishes the rights and obligations of carriers and passengers, requirements for the quality and safety of transportation.
TheLaw of Ukraine "On Air Transport":
- Defines the legal framework for the functioning of aviation transport, establishes rules for the provision of aviation services, requirements for flight safety and passenger rights.
Law of Ukraine "On Urban Electric Transport":
- Regulates legal relations in the field of urban electric transport, establishes requirements for carriers and passengers, and rules for the provision of electric transport services.
Law of Ukraine "On Maritime and River Transport":
- Defines the legal framework for the functioning of sea and river transport, establishes rules for the provision of water transport services, and requirements for transport safety.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on transport services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of transport services, including violations of traffic safety and transport operation rules.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of the provision of transport services, define specific requirements for carriers and the procedure for the provision of services.
Major violations of the rules for the provision of transport services
The main violations of the rules for the provision of transport services may include:
Failure toprovide services or their incomplete provision:
- The absence of transport services or their incomplete provision without justified reasons, which leads to inconvenience for passengers.
Inadequatequality of transport services:
- Poor quality of passenger service, faulty vehicles, non-compliance with traffic schedules, unsatisfactory condition of transport infrastructure.
Violation of safety rules:
- Failure to comply with traffic safety and transport operation rules, which poses a threat to the lives and health of passengers.
Violation ofpassengers' rights to information:
- Failure to comply with the requirements to provide passengers with reliable information about the terms of service, fares, timetables, rights and obligations of passengers.
Violation of the terms and conditions of carriagecontracts:
- Failure to comply with the terms of transportation contracts, including payment terms, service delivery times, transportation volumes and other aspects.
Types of liability for violation of the rules for the provision of transport services
Violations of the rules for the provision of transport services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of the legislation on transport services, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of the carrier's activities. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to passengers as a result of improper provision of transport services. Passengers have the right to claim damages through the courts. Liability may include compensation for material damage (lost property, medical expenses, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for committing crimes in the field of transport services, such as violation of traffic safety rules, fraud, and forgery of documents. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for bringing carriers and their employees to liability for violations of the rules for the provision of transport services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Service of Ukraine for Transport Safety, National Police of Ukraine) or following complaints from passengers. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, passengers may file a lawsuit for damages. The court considers evidence of improper provision of transport services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of crimes in the field of transport services, victims or other interested parties may file a criminal complaint with law enforcement agencies. The proceedings are initiated on the basis of the application, after which a pre-trial investigation is conducted, the circumstances of the case are established and the perpetrators are brought to criminal responsibility.So, whether you need a lawyer's advice or a lawyer's advice, it does not matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
