The object of motor transport law is transportation processes and processes their providing, including service And repair automotive transport general use. Subjects motor transport law state and municipal authorities, commercial organizations, pedestrians, passengers, shippers And other interested persons involved in implementation road movements By automotive roads, A Also face, providing safety vehicles and his proper operation.
By condition on 1 January 2016 of the year public relationship, arising in the process of road transport regulate more than 150 normative legal acts, including 23 federal laws, 4 decrees President RF, 44 decrees Governments RF, 35 orders ministries transport RF. Regulatory legal acts By this issues publish Also Ministry internal cases RF, Ministry of Health RF And Ministry education And Sciences RF. These normative legal acts regulated the whole range, relatively independent road transport public relations, including social relations arising in the process road transportation of passengers and goods, as well as other public relationship, emerging V process creation organizational, technical and other conditions for passenger and freight automobile transportation, And activities to ensure their safety.
The breadth of the above social relations is due to Availability big quantities legal sources, constituents motor vehicle law. In a broad sense, the concept of sources of law is normative legal acts state bodies authorities, legal treaties, normative legal acts adopted with the sanction of the state public organizations precedents, legal customs. IN this scroll should include And municipal legal acts. IN narrow sense, legal sources refers to normative legal acts bodies state authorities. They have special meaning For implementation of road transport, as they regulate the most important questions their organizations And provided, at need, measures state coercion.
Motor transport legislation is a set normative legal acts, governing public relationship, arising in the process of creating safe, comfortable and other conditions For movements private And public transport, ensure safe automotive transportation passengers And cargo V points destination. The specificity of these normative legal acts is manifested in their purpose and content. The purpose of this group of regulatory legal acts is Creation safe conditions And security transportation people and goods by wheeled vehicles on highways from item sending V paragraph destination. Norms given aggregates normative legal acts define order training road transport funds To movement, peculiarities movements By automotive roads, organization landings And landings passengers loading And unloading cargo, rights And responsibilities participants road movement, powers bodies state authorities And local self-government By organizations transport service population. They describe the essence of offenses in the carriage of passengers and goods and contain sanctions (punishments) for their violation, determine the procedure punishment guilty.
The universal legal source of all branches of law is Constitution Russian Federation. TO motor transport law have attitude following her articles. First of all, an article that recognition of a person, his rights and freedoms for the state is the highest value. This norm is contained in Article 2 of the Constitution of the Russian Federation. Its implementation is one of fundamental postulates which called upon guided by state. In the process of its implementation, the state must ensure Creation conditions For Togo, to People were V comfortable safe conditions while traveling on roads. For spheres applications norms road transport rights significant meaning has Article 8 of the Constitution of the Russian Federation. The significance of this article is shown in the fact that The Russian Federation is guaranteed a single economic space, free movement of goods and services. Such constitutional provisions provide unhindered automotive transportation passengers And cargo in all cities and towns of the Russian Federation, which is very important as For fortifications communication between people living V different inhabited paragraphs, So And For functioning all-Russian economic space.
The rhythm of production is largely determined by the timeliness transportation automotive transport products By objects industrial infrastructure. Thats why naturally, What federal transport, which forms the basis of all transport in our country, according to art.71, applies To subjects exceptional reference Russian Federation. Hence, legal regulation organizations exploitation federal transport Maybe carried out only federal authorities state authorities. IN That same time, V my queue bodies state authorities subjects Russia govern organization work vehicles on regional level. Organs local self-government has the right to regulate the organization of work vehicles on relevant territories municipal formations And provide transport service their inhabitants.
Constitutional provisions develop V federal laws And other normative legal acts. Fundamental in the system road transport rights have federal laws. Wide range motor transport relations are regulated by the Federal Law of November 8 2007 of the year N 259-FZ Charter automotive transport And urban ground electric transport (Further Federal law from 8 November 2007 N 259-FZ). The legislator combined these two, in general, different kind public transport, because their Can unite notion wheeled transport facilities. Data Federal law regulated relationship, emerging at transportation automotive transport And urban ground electric transport of passengers, baggage and cargo. At the same time, in Article 3 this Federal law established right Governments Russian
Federations approve rules transportation passengers And cargo. IN the following article of the Federal Law of November 8, 2007 N 259-FZ, which assigned number 3.1, installed order implementation state oversight V areas automotive transport And urban ground electric transport. Further in this Federal law determined specific order transportation activities various types cars, trams and trolleybuses.
Automotive transportation passengers And cargo relate To types public benefit activities elevated danger. On roads countries in 2015, more than 25 thousand people died. About ten times more of people suffered from road transport incidents. accidents on automotive roads inflict big material damage. On minimization such negative consequences directed some federal laws. TO such before Total applies Federal law from 10 December 1995 of the year N 196-FZ ABOUT security road movement (hereinafter the Federal Law of December 10, 1995 N 196-FZ). IN German defined legal basics ensure security road movements on territory Russian Federation. According to Article 3 this Federal law, To number major signs ensure road safety concerns the priority of life and health citizens, participating V road movement, above economic results economic activities, a priority responsibility states behind security security road movements above responsibility of citizens participating in road traffic, compliance with interests of citizens, society and the state while ensuring security road movements And target program approach to this activities.