The concept of the development of Russian legislation in the field of aviation security

Abstract

The study of the place of aviation security in the structure of transport security is conditioned by theoretical and practical needs in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of Russian air legislation and legislation in the field of transport security. Currently, the legal norms regulating: the definition of organizations authorized to protect air transport; the definition of requirements for the protection of air transport, including inspection measures; certification and training of specialists (personnel) directly performing functions in the field of aviation security are duplicated. Based on the comparison of concepts, content and principles of transport and aviation security, the general and special features in their legal regulation as a whole and private are revealed. The purpose of the study was an attempt to define the concept of development of Russian legislation in the field of aviation security from acts of unlawful interference, taking into account the draft law "On Amendments to the Federal Law "On Transport Security" and Certain Legislative Acts of the Russian Federation" developed by the Ministry of Transport of the Russian Federation. The analysis made it possible to draw conclusions that the draft law proposed by the Ministry of Transport of Russia radically changes the state approach to regulating legal relations in the field of aviation security. It seems necessary to conduct additional discussions and assess the regulatory impact of the proposed draft law on the possibility of developing the Russian aviation business in the conditions of abandonment of the federal aviation security system. Based on the analysis, the author's concepts of "aviation security" and "act of unlawful interference" are proposed, the necessity of making appropriate amendments to Article 83 of the Air Code of the Russian Federation is substantiated. The scientific novelty of the study lies in the fact that an industry approach is proposed in the public administration of the legal relations under consideration, taking into account the specifics of air transport and a significant amount of international law on the protection of aviation.