Scientific notes Series Law | 2021

THE PLACE OF THE STATE AVIATION SERVICE OF UKRAINE IN THE SYSTEM OF EXECUTIVE BODIES

 

Abstract


Based on the analysis of the current legislation, the system of subjects of interaction with the State Aviation Service has been determined. These include: the Ministry of Infrastructure of Ukraine (functional ministry), which includes the State Enterprise of Air Traffic Services of Ukraine, the State Enterprise of Air Traffic Services of Ukraine, the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft, the State Aviation Regulation Department of Ukraine - bodies implementing state policy in civil aviation and the use of Ukrainian airspace. The following features inherent in the subjects of public administration in the field of aviation and the use of airspace of Ukraine: 1) the subject of public administration are both the executive branch and bodies that do not have such a status were endowed with the appropriate powers; 2) orderliness of the activities of all state subjects of regulation of the aviation industry in accordance with a single goal and strategic objectives, which are simultaneously synchronized with the main vector of development of the state. Among such general directions of development we can single out - European integration, economic strengthening of Ukraine, ensuring national security and defense; 3) the broad profile of the activity of state subjects of regulation is due to the fact that aviation is an integral part of the transport sector of the state; 4) taking into account, in carrying out regulatory activities, a large number of international standards, rules and requirements, which in turn implies the ability of the subjects of state regulation to actively work closely with foreign organizations; 5) the ability to integrate, ie integrated perception of the aviation industry and the use of airspace of Ukraine, which is technologically complex, is not limited to air transport, also includes production, repair and modernization, training, economic, land and other legal issues. 6) exclusion of commercial interests in the implementation of regulatory activities by state entities, while streamlining such activities in accordance with the economic interests of the state. It is noted that the field of aviation and the use of Ukrainian airspace is regulated by a large number of public administration entities, which form a complex and multilevel structure that does not benefit the development of this industry. Special emphasis should be placed on the different status of these bodies and the existence of duplicate powers in them. That is why today it is necessary to simplify the existing system as follows: 1. to ensure the independence of the State Aviation Service of Ukraine by obtaining a special status; 2. to subordinate to the State Aviation Service of Ukraine the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft; 3. eliminate duplication of powers of public administration entities in this area.

Volume None
Pages None
DOI 10.36550/2522-9230-2021-10-79-83
Language English
Journal Scientific notes Series Law

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