Safety of civil aviation as an object of criminal law regulation

Abstract

The article examines the problems of criminal regulation of civil aviation security. A systematic analysis of the current Criminal Code of Ukraine has been studied and conducted, which allows to identify the independent subsystem of criminal law protection of aviation security from acts of illegal interference in the activities of civil aviation.
 A systematic analysis of the norms of the current Criminal Code shows that this normative act does not provide for a single section that defines a specific list of criminal offenses that encroach on aviation security. Criminal liability for acts of unlawful interference with the activities of civil aviation is provided by articles located in various sections of the Special Part of the Criminal Code. However, this does not mean that aviation security is deprived of criminal law. It is generally accepted that the basis for combining criminal offenses into sections of the Special Part of the Criminal Code is the generic object of a criminal offense. In the science of criminal law, different approaches have been developed to the classification of the object of a criminal offense (crime). In most scientific sources on object issues, object classification includes: general, generic (group) and direct objects ( primary and additional ). As you know, the main direct object of a criminal offense, as part of a family object, determines the introduction of a criminal offense in one or another section of the Criminal Code.
 Yes, according to the interpretative dictionary, security – is a condition where someone or something is not threatened or disturbed. The ontological aspect of this concept defines «security» as a certain quality of human existence, which determines the purpose and outcome of human activities to protect against threatening factors, events and phenomena. The Constitution of Ukraine distinguishes three main types of security: « citizen security», «public safety», « state security». Because safety has many types ( aviation, production, domestic, public, demographic, economic, environmental, social, national, fire, radiation, traffic, man-made, transport, financial, food, nuclear, etc.), the concept of «security» in each field of knowledge is interpreted differently. But, in general, understanding the content of the category «security» includes the absence of danger and the existence of a state of protection of vital interests of the individual, society, the state from internal and external threats. The study of the normative characteristics of acts of unlawful interference suggests that they include socially dangerous, illegal acts related to encroachment on the normal activities of civil aviation and aviation facilities, defined by the norms of international and national legislation as acts of unlawful interference with the activities of civil aviation.
 Thus, aviation security, as the object of criminal offenses, is the normal activity of civil aviation and aviation objects, the absence of danger and the existence of a state of protection of vital interests of the individual, society, state ( life, health, public safety, property, etc. ) from acts of unlawful interference with civil aviation.