СУЧАСНА КОНЦЕПЦІЯ БЕЗПЕКИ АВІАЦІЇ ЯК КОМПЛЕКСНОЇ КАТЕГОРІЇ ТА СИСТЕМНИЙ ПІДХІД: ПРАВОВІ АСПЕКТИ

Abstract

The article deals with the problems of aviation safety. The main idea of the article is to focus attention on the latest trends in the development of international and Ukrainian law in the aviation safety sphere. Based on a systematic analysis of legal provisions regarding the complex category of “(civil) aviation safety” and its components, the author formulates and substantiates conclusions that can contribute to the formation of a modern concept of aviation safety, and proposals aimed at improving the legislation of Ukraine.

In the article on the basis of comparative analysis of new international and national law, the author formulates and justifies proposals for the improvement of the concepts and categories in the aviation safety sphere, such as: aviation, civil aviation, air transport, aviation safety, aviation security, safeguarding civil aviation against acts of unlawful interference, flight safety, safety of air navigation, ecological safety of the aviation and environmental protection. In particular, the author considers it appropriate to clearly distinguish between the terms “aviation”, “civil aviation” and “air transport” in Ukrainian legislation through their legislative definition. In the same way, the author considers it necessary to distinguish between the concepts of "aviation safety " and "civil aviation safety".

The author also believes that it is extremely impractical to use in the law two terms that are so similar at first glance, but different in meaning, like "aviation safety " and "aviation security." The author conducts a comparative analysis of the norms and terminology of the new Ukrainian law “On the State program of the aviation security of civil aviation” with the norms and terminology of international law. The author substantiates the expediency of replacing the term "aviation security" in Ukrainian legislation with a more precise term “safeguarding civil aviation against acts of unlawful interference”. In addition, the author notes that the current legislative definition of aviation security ignores the factor of undisciplined passengers. Since the protection of civil aviation from illegal acts of states is not covered by the category of aviation security, the author proposes to include the protection of civil aviation in the zone of military conflicts in the category «safety of air navigation».

Since Ukraine does not have a legislative definition of the ecological safety of civil aviation, the author proposes his own. The author is convinced that the category of environmental safety, in addition to well-known factors of aircraft noise pollution and engine emissions, should take into account factors of radiation and biological hazard (epidemic, epizootic, epiphytotic etc.).

The author substantiates the conclusion that the current interpretation of the complex integrated category of “aviation safety” in the legislation of Ukraine, although it generally complies with international standards (primarily ICAO SARPs), but no longer fully complies with modern threats and risks in the aviation industry, since it does not take into account critical hazards such as: political and military risks, undisciplined passengers, radiation and biological threats. The author considers it expedient to bring into line with the meaning of Article 1 of the Beijing Convention of 2010 the definition of the aviation safety and security that contains the legislation of Ukraine. Indeed, in the Art. 1 of the 2010 Beijing Convention, new crimes appeared that consist in the unlawful misuse of civil aircraft and are directed not so much against the safety of civil aviation as against the safety of third parties and the environment.