Critical analysis of current doctrinal and legislative approaches to the definition of the category «transport infrastructure»
Authors: Turchenko Ihor 
Published: December 2024

Problem setting. The economic and legal support for the development of transport infrastructure is crucial for Ukraine's recovery and economic growth. Integrating the economy into the unified European space and rebuilding regions affected by Russian aggression are impossible without modernizing civilian, particularly transport, infrastructure. This requires improving the current legislation regulating transport relations. The proper functioning of the infrastructure aligns with Ukraine's aspiration to unite with European nations. The strategic course towards EU membership necessitates harmonizing national legislation with European standards in transport and infrastructure. Clearly defining the term "transport infrastructure" in the legislation will create a transparent legal environment conducive to attracting foreign investment and fostering partnerships with EU member states. This will also enhance the competitiveness of Ukraine's transport infrastructure on the international level, ensuring its resilience in the context of globalization and technological advancement. Therefore, a doctrinal study of the term «transport infrastructure» is essential for establishing a stable legal environment that will contribute to the country's development.

Analysis of recent researches and publications. Taking into account the complexity and multifaceted nature of the category «transport infrastructure», its research was carried out by specialists in various fields of domestic jurisprudence. Thus, in her scientific work «Theoretical and Methodological Approaches to the Definition of the Concept of «Transport Infrastructure of a Region»», G. Zhovtyak made an attempt to deeply comprehend the essence of the concept of «Transport infrastructure of a region», to detail its components and to classify its elements. The issues of regulatory consolidation of the concept of «Transport infrastructure» were also the subject of research in the collective monograph of I. Zablodska, I. Buzko, O. Zelenko and I. Khoroshylova «Infrastructural Support for the Development of the Regional Transport System». This aspect was also considered in the works of N. Lavreniuk «The Concept of Transport Infrastructure in the Context of Ukraine-EU Integration Processes», O. Kryvoruchko «The Essence of Transport Infrastructure of Ukraine at the Present Stage», O. Dmytrieva «Transport Infrastructure as an Object of State Regulation». It is also worth noting the study of I. Trunina, K. Latyshev and M. Andrienko «Content and Definitional Load of the Concept of «Infrastructure’ in Relation to the Transport Market», and the work of T. Kolomoyets and D. Kremenova «Transport Infrastructure as a Component of the Terminology in the Legislation of Ukraine: Proposals for Enshrining», etc.

Purpose of research is to conduct a comprehensive analysis of the current legislation of Ukraine and doctrinal approaches regarding the definition of «transport infrastructure» with the aim of developing well-founded proposals for its effective regulatory establishment in domestic legislation.

Article’s main body. The article provides a comprehensive critical analysis of doctrinal and regulatory approaches to defining the category of «transport infrastructure». The main components of transport infrastructure are identified, and various scholarly perspectives on its definition are examined. The article highlights the crucial role of transport infrastructure in the development of Ukraine's modern economy, with a particular emphasis on its impact on the socio-economic growth of the country. It is emphasized that transport infrastructure is a complex of construction and engineering structures, technical means, and equipment that ensure the efficient functioning of the transport system and facilitate the uninterrupted movement of goods, services, and passengers. It performs significant socio-political, economic, and cultural functions. The article establishes that existing regulatory approaches to the use of the term «transport infrastructure», as enshrined in domestic economic and legal legislation and doctrine, do not meet the requirements of Ukraine's current economic and technical development. In view of the trend toward the unification of Ukraine's transport legislation, it is proposed to establish a single, universal definition of «transport infrastructure» applicable to all modes of transport. The following definition is suggested: «Transport infrastructure is a system of engineering and auxiliary production facilities and technological solutions (including tools of the real and virtual world) aimed at ensuring the transportation process, the functioning of which is supported by socio-economic and organizational activities».

Conclusions and prospects for the development. The normative approaches to defining the legal concept of "transport infrastructure" require coherence and unification of the mechanisms for economic and legal regulation of various types of transport. Considering the Euro-integration vector chosen by our society for development, institutional coordination with the transport legislation of other European Union countries is necessary. Adhering to uniform European standards will ensure the consolidation and unity of economic and legal regulation of relationships within the single European transport space. In this regard, the categorical and conceptual apparatus used in domestic regulatory acts should enable the unification of regulations governing the provision of transport services in the European transport market. This, in turn, will lead to an increase in the quality and safety of transport services provided by professional market players. At the same time, Ukraine, considering current trends in the development of European and global transport service markets, must start developing elements of transport infrastructure that ensure maximum safety in managing transport systems, as well as the use of transport infrastructure to introduce new high-tech vehicles into the transport space.

Thus, the normative approaches regarding the use of the term "transport infrastructure," as established in domestic economic and legal legislation and doctrine, do not meet the needs of the modern economic and technical development of our country. Currently, given the trend towards the unification of transport legislation in Ukraine, it is advisable to establish a unified concept of "transport infrastructure" applicable to all types of transport, formulated as follows: it is a system of engineering and technical support, auxiliary production facilities, and technological solutions (including objects and phenomena from both the real and virtual worlds) aimed at ensuring the transportation process, with its functioning supported by socio-economic and organizational activities. Establishing such a definition of "transport infrastructure" will promote the development of all components of the conceptual and categorical apparatus of domestic economic law in the field of transport relations. Moreover, as technological processes develop, the domestic semantic field for the application of these categories and concepts can expand without limitations.