Міжнародно-правове регулювання забезпечення авіаційної безпеки: стан та перспективи розвитку в рамках загального теоретичного дослідження

Abstract

The article deals with crimes against air transport, which can be divided into two groups: seizures of aircraft and other crimes against civil aviation safety. The normative and legal definition of the classification of international crimes, disagreement in legal qualification and terminological definition of these crimes under the legislation of foreign states, as well as the lack of practical application of legal norms of conventions in combating international crimes, in part of the extradition, creates certain difficulties for the legislation. further extradition of persons hiding from investigation and court in a foreign state. In the crime of international character, similar to the internal state, the composition of the crime of international character is allocated, which is a set of objective and subjective features, based on which individuals attracted to criminal responsibility. But it should be noted that the elements of the crime of international character do not always coincide with elements of a crime in domestic criminal law. Basic normative acts aimed at providing aviation safety, operate on three levels: global level (International Civil Aviation Organization (ICAO), basic documents: Crimes Convention and some other acts committed on board aircraft (Tokyo, 1963) ; Convention on the fight against illegal capture of aircraft (GAAGA, 1971); Convention on the fight against illegal acts directed against the safety of civil aviation (Montreal, 1971); Protocol on the fight against acts of violence at airports serving civil aviation (Montreal, 1988, complements the Montreal Convention in 1971); Convention on the marking of plastic explosives in order to detect (Montreal, 1991); Convention on the fight against illegal acts concerning international civil aviation (Beijing, 2010) ; regional level (European Aviation Security Agency (EASA), European Civil Aviation Conference (ECAC), European and North Atlantic Bureau of ICAO (Paris), Found Documents – Politics of the European Civil Aviation Conference in Aviation Safety; National Level – State Aviation Administration (SAA), Basic Documents: Air Code of Ukraine of 19.05.2011, Law of Ukraine “On the State Program of Aviation Safety of Civil Aviation” dated 20.02.2003, Order of the Ministry of Transport and Communications of Ukraine No. 390 dated May 11, 2007, instructions for assessing the risk of security of civil aviation of Ukraine.