Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue № 18(30)

Voroniatnikov O. Administrative and legal principles of formation of tariffs for freight transportation by railway transport

Voroniatnikov O. Administrative and legal principles of formation of tariffs for freight transportation by railway transport

DOI: https://doi.org/10.33098/2078-6670.2024.18.30.66-71

Purpose. The purpose of the work is to study the administrative and legal basis of the formation of tariffs for freight railway transportation, analysis of the procedure of tariff formation, control and supervision in this area, clarification of the main problems of the industry and providing proposals for ways to solve them. Methodology. The methodology includes a comprehensive analysis of normative legal acts and generalization of available scientific and theoretical material (primarily in the field of administrative law), formulation of relevant conclusions and recommendations. Results: it was determined that on the modern market of freight rail transportation, the main service providers are JSC “Ukrzaliznytsia” and operators of rolling stock – independent business entities that, based on contracts with the railway and shippers, participate in the process of transporting goods using their own rolling stock or rolling stock that they legally own. Currently, there is a clear division of tariffs into state-regulated tariffs and free tariffs for which JSC “Ukrzaliznytsia” independently sets the cost of services. Tariffs for the transportation of goods by railway are determined by applying basic tariff rates, coefficients and tariff classes of goods. Originality. In the process of research, it was established that the current problems of administrative and legal regulation of the rail transportation market consist in the presence of certain restrictions related to state control of tariffs, which significantly affect the competitiveness of the industry. As a result, the balance of support for the interests of the state and business is not ensured. Practical significance. The results of the research can be used in legislation and law-enforcement activities during the inquiry of crimes related to human trafficking and corruption.

Key words: administrative and legal regulations, tariff system, tariff formation, control, supervision, cargo transportation, railway transport, legal responsibility.

References

1. About railway transport of Ukraine: Law of Ukraine № 273/96-ВР (1996, July 4). Available at: https://zakon.rada.gov.ua/laws/show/273/96-%D0%B2%D1%80#Text (accessed 25 November 2024) (in Ukrainian)

2. On the peculiarities of the formation of a joint-stock company of public railway transport: Law of Ukraine № 4442-VI (2012, February 23). Available at: https://zakon.rada.gov.ua/laws/show/4442-17#Text (accessed 25 November 2024) (in Ukrainian)

3. On natural monopolies: Law of Ukraine № 1682-III (2000, April 20). Available at: https://zakon.rada.gov.ua/laws/show/1682-14#Text (accessed 25 November 2024) (in Ukrainian)

4. Report on the results of the research of the market of cargo transportation by rail for 2017-2018. Protocol №. 2 was approved by the Antimonopoly Committee of Ukraine on January 17, 2019. Available at: https://amcu.gov.ua/storage/app/sites/1/Docs/doslidzhennya_rynkiv/%2028%2001%202019.pdf (accessed 25 November 2024) (in Ukrainian)

5. On the approval of the Compendium of tariffs for the transportation of goods by rail within Ukraine and related services and Coefficients applicable to the Compendium of tariffs for the transportation of goods by rail within Ukraine and related services: order of the Ministry of Transport and Communications of Ukraine № 317 (2009, March 26). Available at: https://zakon.rada.gov.ua/laws/show/z0340-09#Text (accessed 25 November 2024) (in Ukrainian)

6. Stasiuk, O. (2021), «Tariff regulation of the market of freight rail transport of Ukraine». Efektyvna ekonomika [Effective economy], (vol. 10). Available at: http://www.economy.nayka.com.ua/?op=1&z=9437 (accessed 25 November 2024). (in Ukrainian)

7. Kvakusha, A. (2023) «Problems of cargo classification in terms of tariff formation in the field of freight rail transportation». Yurydychnyy naukovyy elektronnyy zhurnal, 3, 290-294. Available at: http://lsej.org.ua/3_2023/67.pdf (accessed 25 November 2024). (in Ukrainian) DOI https://doi.org/10.32782/2524-0374/2023-3/67

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького