LEGAL BASIS OF ACTIVITY OF RAILWAY INDUSTRY ENTITIES

Abstract

The article highlights the legal basis of the railway industry, reveals the problematic phenomena in the development of railway enterprises, outlines the main legislative regulators that are the legal basis for the activities of railway enterprises. The main legal segments of the laws of Ukraine “On Railway Transport”, “On Transport” and “On the peculiarities of the formation of a joint-stock company of public railway transport” are identified. Attention is paid to their impact on the activities of economic entities in the railway industry. The main provisions of the draft new laws of Ukraine “On Railway Transport of Ukraine” and “On the National Commission for State Regulation of Transport” on state regulation of railway transport and improving its activities in the future are analyzed. The existence of natural monopoly features in the railway complex of Ukraine is proved and the interrelation with the legal regulator is determined by the Law of Ukraine “On Natural Monopolies”. The purpose and main directions of improving the activities of railway enterprises in accordance with the approved National Transport Strategy of Ukraine for the period up to 2030 are determined. Legal support of railway transport in the country’s economy plays a significant role. In the system of social transformations in which the Ukrainian state finds itself, the problem of forming the economic and legal mechanism of railway transport enterprises has been and remains a key issue. In Ukraine, there is no special legislation in the field of railway transport, which meets modern conditions of development, has not formed a modern legal framework for state regulation of transport, which would create a transport market that combines public and private interests. The current legislation does not clearly delineate the powers between public authorities, local governments and economic entities. To ensure the effective implementation of the activities of railway transport entities, it is necessary to create a regulatory framework for all stages of reform and build an economic and legal mechanism for their implementation. Given that Ukraine plans to integrate into the European railway network, the restructuring is necessary in accordance with EU directives. In terms of railway regulation, it is necessary to move away from the imperative to the market with elements of a competitive environment, ie in the field of railway transport it is necessary to adapt changes in the regulatory framework that would provide new approaches to economic, financial and organizational cooperation.