Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Septiembre
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Vol. 41, Nº 78 (2023), 128-142
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
The air transport industry as an object
and subject of government regulation
DOI: https://doi.org/10.46398/cuestpol.4178.09
Mykhaylo Klymchuk *
Oleksandr Bernaziuk **
Maryna Kovalyova ***
Petro Kravchuk ****
Oleksii Humin *****
Abstract
By using the comparative method, this scientic article
provided a comprehensive analysis of the Ukrainian air transport
industry as an object of analyzing its state regulation. It is argued
that a feature of the state regulation of the air transport industry
is the integrative capacity, i.e. a comprehensive perception of the
specied industry, which is not limited to air transport, but covers
legal relations in the eld of educational training, production,
repair and modernization of aviation equipment, resolution of civil,
economic and other disputes. Emphasis is placed on the systematization
of legislation, on the basis of which administrative and legal regulation in
aeronautical matters is carried out. In conclusion, the priority importance
of a specialized state administration capable of simultaneously solving
organizational, legal, political, economic, technical and other problems
of development and operation of the air transport industry is pointed
out. In addition, other practical recommendations for increasing the
competitiveness of Ukrainian air transport were provided.
Keywords: air transport; airspace; state regulation; legal principles;
public administration.
* Candidate of legal sciences, Associate Professor, Associate Professor of the Department of Law of
Private higher educational institute "European University", Kyiv, Ukraine. ORСID ID: https://orcid.
org/0000-0002-0488-5470
** Doctor of Legal Sciences, Associate Professor of the Department of Law of Private higher educational
institute "European University", Kyiv, Ukraine. ORСID ID: https://orcid.org/0009-0004-0203-0964
*** Candidate of legal sciences, Associate Professor, Associate Professor of the Department of
Administrative Law, Process and Customs Security of State Tax University, Irpin, Ukraine. ORСID
ID: https://orcid.org/0000-0002-7439-8563
**** PhD Associate Professor, Associate Professor of the Department of Law of Private higher educational
institute "European University", Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-4246-974X.
***** Doctor in Law, Professor, Head of the Department of Criminal Law and Procedure of the Educational
and Scientic Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National
University, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-8016-945X
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La industria del transporte aéreo como objeto y sujeto
de regulación estatal
Resumen
Mediante el uso del método comparativo, este artículo cientíco
proporciono un análisis exhaustivo de la industria del transporte aéreo de
Ucrania como objeto de analizar su regulación estatal. Se argumenta que
una característica de la regulación estatal de la industria del transporte
aéreo es la capacidad de integración, es decir, una percepción integral de la
industria especicada, que no se limita al transporte aéreo, sino que abarca
las relaciones jurídicas en el ámbito de la formación educativa, producción,
reparación y modernización de equipos de aviación, resolución de disputas
civiles, económicas y de otro tipo. Se pone énfasis en la sistematización
de la legislación, a partir de la cual se realiza la regulación administrativa
y jurídica en materia aeronáutica. A modo de conclusión, se señala la
importancia prioritaria de una administración estatal especializada, capaz
de resolver simultáneamente los problemas organizativos, jurídicos,
políticos, económicos, técnicos y otros del desarrollo y funcionamiento
de la industria del transporte aéreo. Además, se proporcionaron otras
recomendaciones prácticas para aumentar la competitividad del transporte
aéreo de Ucrania.
Palabras clave: transporte aéreo; espacio aéreo; regulación estatal;
principios jurídicos; administración pública.
Introduction
The eectiveness of their functioning directly depends on how fully and
qualitatively the corresponding social relations are regulated. At the same
time, the state regulation of relevant social relations is a rather complex and
multifaceted activity, which is carried out by a signicant number of state-
authorized subjects by using a wide variety of means of regulating such
relations in order to maintain its functioning in a normal state.
Throughout its existence, aviation throughout the world belonged and
continues to belong to such spheres of human activity that require clear
and specic regulation (Daraganova, 2010), and the aviation industry
is an important component of the integration of Ukraine into the system
of international economic relations, especially in the conditions of
globalization of the world economy.
The proper state of the industry strengthens foreign economic ties,
creates the necessary prerequisites for ensuring national security and
aects the solution of the socio-economic problems of the state. But in the
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Mykhaylo Klymchuk, Oleksandr Bernaziuk, Maryna Kovalyova, Petro Kravchuk y Oleksii Humin
The air transport industry as an object and subject of government regulation
conditions of external factors – the growing economic crisis caused by the
pandemic, as well as the military aggression of the Russian Federation, the
aviation industry, as the industry with the largest percentage of passenger
transportation, becomes the most vulnerable compared to other types of
transport. State support of the aviation industry in these conditions is of
great importance.
Thanks to a competent state policy in the eld of air transport, it is
important to create conditions for maintaining the operation of air transport
and its recovery after the war. The Law of Ukraine “On Transport” provides
that “state management of transport activities is carried out through the
implementation and implementation of economic (tax, nancial and credit,
tari, investment) and social policies, including the provision of subsidies
for passenger transportation” (Law Of Ukraine, 1994).
Therefore, the support and restoration of the aviation industry in the
conditions of war on the territory of Ukraine directly depend on the state
of state regulation of aviation activities, and the state must be aware of the
importance of state support for the planning and production of modern,
innovative, high-tech aviation transport and take appropriate steps in this
direction.
In this aspect, questions regarding the eectiveness of administrative
and legal regulation of public relations in the eld of air transport are of
particular importance, because the functioning of this eld includes a
signicant number of components, most of which are related to the need
to ensure the security of data and related public relations, satisfaction of
public interests in air transportation, economic interests of the state, etc.
Also, in view of the fact that the use of the airspace of Ukraine is connected
with the activities of both domestic and foreign subjects of the aviation
industry, the air trac of air transport, the transportation of luggage, cargo
and passengers and many other aspects of the implementation of state
regulation of this sphere of public relations is based on a signicant number
of normative legal acts. This state of aairs in practice gives rise to both
inaccuracies in the implementation of relevant legal acts and diculties in
law enforcement due to contradictions in their separate provisions.
That is why today the issue of developing substantiated positions
regarding the determination of ways of development of administrative and
legal regulation in the eld of air transport is acute.
1. Methodology of the study
The following methods were used to achieve the set goal and solve
the specied tasks: comparative analysis - to reect the trends of state
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regulation of the air transport industry; systemic approach – to determine
the author’s concept of «state regulation of the use of airspace of Ukraine»;
systematization and classication – for the classication of priority issues
of state regulation of the specied industry; morphological analysis – to
improve the conceptually categorical apparatus of the studied issues;
systematization of measures by means of which state regulation of
the use of airspace is carried out; modeling – to justify the feasibility of
developing a comprehensive plan for maintaining the qualication of the
aviation industry; abstraction and logical analysis – for the development
of conceptual provisions of the administrative-legal mechanism of state
regulation of the development of air transport infrastructure; analogies
and extrapolations – to form conclusions regarding the normalization of
provisions that regulate legal relations in the researched area.
2. Analysis of recent research
Separate problems of regulating social relations in the eld of transport
use were the subject of research by many scientists from various elds of
law. The conducted scientic research has great theoretical and practical
signicance both in the aspect of dening the category “state regulation” and
in the aspect of establishing the essence and content in relation to certain
spheres of social relations. However, despite the large number of scientic
works, Ukraine still faces the task of harmonizing its own legislation in
the eld of air transport with the requirements of international normative
documents.
In order to solve this task, it is necessary not only to select and nalize the
most eective model of the construction of relevant state bodies, which will
make it possible to nd the optimal balance between strict state regulation
and liberalization of management, but also to provide reasonable proposals
for the standardization of regulatory and legal provisions in the eld of
aviation transport.
It must be stated that almost no attention was paid to the denition of
the essence and content of the state regulation of the use of the airspace
of Ukraine, and the rapid updating of the current national legislation
regulating this sphere of public relations necessitates the implementation
of additional scientic research and determines the relevance of the chosen
topic. Therefore, the purpose of the presented article is to clarify the legal
nature and content of the state regulation of the use of the airspace of
Ukraine.
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The air transport industry as an object and subject of government regulation
3. Results and discussion
State regulation of the aviation industry is currently the most optimal
form of state inuence on social relations by establishing universally binding
aviation rules of conduct for all participants in order to satisfy public and
private interests in this area. Usually, «state regulation» is a static category
that is practically implemented through a certain «mechanism» (Svitlychna,
2017).
We consider it expedient to start research on clarifying the meaning of
the term «state regulation». The word «regulate» comes from the Latin
«regulo» – to arrange. The online dictionary of foreign words denes
the term «regulate» as: to submit to a certain order, rule, arrange; to
do something to obtain the required indicators, the required degree of
something (Interpretive dictionary of foreign words, 2023).
From the analysis of the legislation of Ukraine, we see that the concept
of «regulation» is used in the names of the terms of the regulatory and
legislative framework of Ukraine more than a hundred times.
Among them, the most important for our research are the following:
State regulatory body of aviation activity of Ukraine – «(body) that has
the authority to act directly on behalf of the state in case of execution of
all ocial procedures in the eld of aviation...» (Legislation of Ukraine,
the term «State regulatory body of aviation of Ukraine (authorized state
body of civil aviation)); Regulation of airspace (Regulation) – «a method of
bringing the need to use airspace in accordance with the declared capacity
of air trac service bodies by limiting the number of ights that plan to
enter the specied airspace or aireld...» (Legislation of Ukraine, the term
«Regulation of airspace (Regulation)»).
So, as we can see, state regulation involves purposeful powerful inuence
of a state body with the help of the entire set of legal means. However, the
term «legal regulation», unlike the category «state administration», does
not include any powerful activity of authorized bodies and ocials, but only
that which aims to direct the behavior of participants in social relations in
a clearly dened direction , regulated by the rule of law and individual acts
based on it (Osaulenko, 1997).
R. Demkiv sees legal regulation as a legal phenomenon, which is actions
and operations carried out by state authorities in established procedural
forms with the help of certain methods and with the use of legal means aimed
at establishing and implementing certain models of social development
(Demkiv, 2015). A. Kulish considers «legal regulation» as an inuence on
the behavior of participants in social relations carried out in the interests
of society with the help of legal norms in order to establish and regulate the
latter» (Kulish, 2003: 62).
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Therefore, it can be argued that the content of state regulation goes
beyond the scope of the activities of executive authorities. In addition,
regulation is aimed not only at management objects, but is also intended
to inuence the social environment of these objects, i.e., social phenomena
and processes, the existence of which ensures an impact on the state of a
certain management object. From a social point of view, state regulation is
used in the interests of the entire society both to activate forms of activity
necessary for society and to limit undesirable forms of business.
It guarantees equal business conditions, the stability of the rules of
economic behavior, promotes the manifestation of the eectiveness of the
parties to market relations and limits their negative consequences. If you
rely only on market forces, then structural restructuring will be a matter of
the distant future without a guarantee of optimal proportions, and if you do
not regulate prices and taris, then economic ties between the regions of
the country will be severed.
The state carries out regulation by adopting laws and normative legal
acts common to the entire transport system, regardless of the type of
transport, the territorial location of certain objects, the economic situation,
the protability or unprotability of individual enterprises and industries
and others.
According to the American economist M. Porter (Porter and Kramer,
2006), the most important function of the state is not to provide direct
assistance to industries and rms, but to focus them on solving increasingly
large and complex tasks that the spontaneous market cannot set before
them.
Among the main functions of state regulation in the doctrine, target,
stimulating, normative, corrective, social, direct management of the non-
market sector of the economy, controlling, as well as exclusive functions of
the state in the economic, ecological and social spheres are distinguished
(Buryk, 2017). At the same time, the Ministry of Infrastructure of Ukraine
emphasizes that:
State regulation of activities in the eld of aviation and the use of airspace
of Ukraine consists in the formation of state policy and development strategy,
denition of tasks, functions, conditions of activity in the eld of aviation,
application of aviation safety measures, adoption of mandatory aviation rules of
Ukraine, in the implementation of state control over their implementation and
establishing responsibility for their violation» (General information about the
industry, 2022: n/p).
Thus, «state regulation» is a process implemented by various branches
of state power by available legal means with the aim of inuencing the
relevant social environment to ensure the conditions for the eective
activity of subjects and objects of management in the directions that are
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Mykhaylo Klymchuk, Oleksandr Bernaziuk, Maryna Kovalyova, Petro Kravchuk y Oleksii Humin
The air transport industry as an object and subject of government regulation
desirable and useful for the development of a certain industry and state in
general.
The content (structure) of the air transport industry is the environment,
activities of individuals and legal entities (organizations, operators, users,
aviation personnel and ground service entities, air carriers, providers,
passengers, other entities) for the implementation of ights and aviation
operations. The eld of transport aviation requires the organization of
air trac and the use of air space, air navigation services, ensuring the
operation of air trac routes, air lines and regulation slots. The use of aircraft
(including unmanned ones) requires airelds and heliports, airstrips and
aireld areas, airports, appropriate means of communication, navigation
and surveillance (radio technical support), meteorological service, etc.
The development of the aviation industry is also connected with the
availability of relevant manufacturers and developers, the ability to carry out
repair work, the availability of a scientic and technical base and specialists
capable of ensuring the production and repair of objects of aviation activity
in a closed cycle (by the way, this is the level of development in the whole
world characterized by only about a dozen countries) (Brusakova, 2020).
It can be seen from the above that activities in the eld of transport
aviation are built and developed in the relations of a large number of
subjects with various goals and interests inherent in them. However, from
the point of view of state regulation, the air transport industry in general
can be characterized as a circle of issues, the promotion of the solution of
which should be a priority of the state. The list of these issues includes:
ensuring aviation safety, developing the national economy, meeting the
needs of society and ensuring environmental responsibility (Brusakova,
2020).
We will carry out a detailed analysis of the legal framework as the
basis of state regulation of transport activities, which should ensure
eective interaction of transport enterprises, state protection of the rights
of consumers of transport services, safety of the transport process and
environmental protection. The activity of state regulation of the use of
airspace is not an exception in this aspect, which, in view of the multifaceted
nature of these social relations, aects all of the aspects of the functioning
of transport named by the scientist to the greatest extent compared to other
sectors (automotive, railway, pipeline transport, etc.).
That is why the primary importance among the legal acts on the basis
of which state regulation of the use of airspace is carried out is the Basic
Law of Ukraine (Constitution Of Ukraine, 1996), the provisions of which:
establish the principles of such regulation; determine the basis of the legal
status of some of the subjects of such activity; is the legal basis for all other
legislation.
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Given the fact that the airspace of Ukraine is used by a signicant number
of foreign aviation entities, international legal standards, which have found
their objectication in the provisions of the relevant international treaty
of Ukraine, are of particular importance in the aspect of state regulation
of this eld of public relations. In this regard, the position that regulatory
legal acts regulating the activities of types of transport should be developed
in their harmonization with international legal acts seems fair. That is, the
international treaties of Ukraine should be considered as a basis for the
adoption of national normative legal acts on the implementation of state
regulation of the use of the airspace of Ukraine.
First of all, among such international legal acts, the Convention on
International Civil Aviation of December 7, 1944 should be mentioned,
which denes the following aspects of state regulation of the use of airspace:
The contracting states recognize that each state has full and exclusive
sovereignty over the airspace over its territory (Article 1); the territory of
the state means the land territories and territorial waters adjacent to them,
which are under the sovereignty, suzerainty, protectorate or mandate
of the given state (Article 2); in the prescribed cases, each Contracting
State undertakes not to allow the operation of airlines of any Contracting
State in the airspace over its territory (Article 87); denes the essence of
international air trac as air trac carried out through the airspace over
the territory of more than one state; etc. (Convention On International Civil
Aviation, 1944).
At the same time, the appendices (a total of 18) to the Convention on
International Civil Aviation are of particular importance, among which,
in the context of state regulation of the use of Ukrainian airspace, it is
necessary to highlight: Appendix 2 «Flight Rules», which contains only
standards and does not contain recommended practice, and Appendix 11
«Air Trac Services», which emphasizes that today air trac control, ight
information and alerting services, which together form what is called air
trac services, are among the most important components of the mandatory
ground support, necessary for safe and ecient air trac around the world.
At the same time, the world airspace is divided into a number of adjacent
ight information areas, within which air trac service is provided. The
main purpose of air trac services, as dened in the annex, is to prevent
collisions between aircraft at all stages of their movement, be it taxiing,
take-o, landing, en-route or waiting at the destination airport (Convention
On International Civil Aviation, 1944).
Another important group of normative legal acts, on the basis of which
the state regulation of the use of the airspace of Ukraine is carried out,
are the laws of Ukraine, including acts of codied legislation. The main
regulatory legal acts include the Air Code of Ukraine dated 19.05.2011, the
preamble of which states that the purpose of state regulation of the use of
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Mykhaylo Klymchuk, Oleksandr Bernaziuk, Maryna Kovalyova, Petro Kravchuk y Oleksii Humin
The air transport industry as an object and subject of government regulation
airspace of Ukraine is to guarantee aviation safety, ensure the interests of
the state, national security, and the needs of society and the economy in
air transportation and aviation works (Air code of ukraine. Law of ukraine,
2011).
The legal principles of state regulation of the use of airspace of Ukraine
are also enshrined in numerous laws of Ukraine, including: the Law of
Ukraine «On Protection of the Natural Environment» dated 25.06.1991 (On
Protection Of The Natural Environment, 1991); the Law of Ukraine «On the
State Border of Ukraine» dated November 4, 1991 (On The State Border Of
Ukraine, 1991); the Law of Ukraine «On Protection of Atmospheric Air»
dated 16.10.1992 (On Protection Of Atmospheric Air, 1992); the Law of
Ukraine «On the State Program of Aviation Safety of Civil Aviation» dated
March 12, 2017 (On The State Program Of Aviation Safety Of Civil Aviation,
2017); the Law of Ukraine «On Border Control» dated November 5, 2009
(On Border Control, 2009), etc.
A special place among the acts dening the legal basis of the state
regulation of the use of the airspace of Ukraine is occupied by subordinate
legal acts. It should be noted that the framework of the laws of Ukraine
does not fully allow to predict the entire complex of situations that may be
subject to such regulation in the future.
That is why the legislation provides for the possibility of independent
regulation of public relations by state-authorized subjects with the help of
the issuance of a subordinate regulatory legal act, which allows, for example,
to quickly determine the competence of public administration subjects, to
establish the rights and obligations of a person within the limits of relevant
public relations.
Among the acts of central executive bodies, on the basis of which the
state regulation of the use of airspace is carried out, those adopted by the
Ministry of Infrastructure, the Ministry of Defense of Ukraine and the State
Aviation Service should be mentioned.
The most numerous group of secondary legal acts, the provisions of
which determine the specics of the state regulation of the use of airspace,
are those adopted by the State Aviation Service. At the same time, it should
be noted that the fundamental aviation rules of Ukraine, which determine
the peculiarities of the state regulation of the use of the airspace of Ukraine,
were approved by joint orders of the State Aviation Service and the Ministry
of Defense of Ukraine.
Yes, the procedure for civil and state aircraft ights, the procedure for air
trac maintenance, the procedure for air trac control, which guarantee
the safety of ights when using the airspace of Ukraine and the airspace
over the open sea, where the responsibility for air trac maintenance is
assigned to Ukraine by international treaties of Ukraine , civil and state
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aviation are dened in the Aviation Rules of Ukraine «General rules for
ights in the airspace of Ukraine», which were approved (Order Of The
State Aviation Service Of Ukraine And The Ministry Of Defense Of Ukraine
No. 66/73, 2017).
Directly, the requirements regarding the organization and procedure
for the use of the airspace of Ukraine by airspace users are dened in the
Aviation Rules of Ukraine «Rules for the Use of the Airspace of Ukraine»,
approved by the joint order of the State Aviation Service and the Ministry
of Defense of Ukraine No. 430/210 dated 11.05.2018 (Order Of The State
Aviation Service Of Ukraine And The Ministry Of Defense Of Ukraine,
2018; Aviation Rules Of Ukraine “Rules For The Use Of The Airspace Of
Ukraine” No. 430/210, 2018).
In general, we can state that compared to other levels of normative
and legal regulation, the sub-legal level allows for the fastest regulation of
relevant social relations. However, a large number of such acts, including
those issued by various law-making entities, greatly complicates their
perception and law enforcement in general, and therefore, in our opinion,
needs its revision, which can be carried out by systematizing legislation
(Brusakova, 2020).
Among the norms of international and national legislation that regulate
relations in the specied sphere, it is worth emphasizing the key role of the
administrative-legal mechanism of state regulation of the aviation industry,
which covers the largest part of legal relations in the specied sphere.
It is with its help that relations are regulated and the balance of private
and public interests in the eld of aviation is maintained with the help of
administrative and legal means
The implementation of almost all of the above measures of state
regulation of the use of airspace of Ukraine is entrusted to the bodies of
the joint civil-military system of organization of air trac of Ukraine
(hereinafter – the joint system).
Thus, in accordance with the Regulation «On the United Civil-Military
System of the Organization of Air Trac of Ukraine», the united system
consists of units whose powers and activities are related to the organization
of air trac in the airspace of Ukraine and in the international airspace
under the responsibility of Ukraine.
At the same time, these divisions are part of the State Enterprise of
Air Trac Services of Ukraine (Resolution Of The Cabinet Of Ministers Of
Ukraine, No. 1281, 1999). In accordance with the order of the Ministry of
Infrastructure dated 18.12.2018 No. 641, which approved the ownership
policy of the State Enterprise of Air Trac Services of Ukraine, the specied
enterprise is a state-owned commercial enterprise, which is based on state
property and belongs to the sphere of management of the Ministry of
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The air transport industry as an object and subject of government regulation
Infrastructure (Resolution Of The Cabinet Of Ministers Of Ukraine, No.
1281, 1999).
At the same time, the State Enterprise of Air Trac Services of Ukraine
is Ukraeroruh. The main operational unit of the unied system is the
Ukrainian Airspace Planning Center of Ukraine – Ukraerocentr, which is
part of Ukraeroruh (Resolution Of The Cabinet Of Ministers Of Ukraine No.
1281, 1999). It follows that direct state regulation of the use of Ukrainian
airspace is carried out by Ukraeroruh and Ukraerocentr using the means
provided for by legislation. Such means as a whole form the methods of
state regulation of the use of airspace.
It should be noted that on February 24, 2022, the state enterprise for air
trac maintenance of Ukraine «Ukraerorukh» suspended the provision of
air trac maintenance services to civilian users of the airspace of Ukraine
due to the high risk to aviation safety for civil aviation. And already on
February 28, 2022, it was reported that force majeure occurred due to the
large-scale military aggression of the Russian Federation against Ukraine,
as a result of which the execution of agreements, contracts, agreements and
other acts in the aviation sector became impossible.
Currently, Ukrainian airports are under constant danger from potential
shelling, and unlike, for example, the grain initiative, under which
international organizations, in particular the UN, provide a guarantee of
transportation, the aviation recovery of ights will be much more dicult.
After all, the organization of air or missile attack by guided high-precision
weapons of the aggressor country takes a fairly short period of time.
Under such conditions, the Armed Forces of Ukraine must guarantee
that such missiles will be shot down. In addition, we need guarantees from
our allies regarding the use of anti-missile defense systems of European
Union countries on the territory of Ukraine in case of shelling. Currently,
this is one of the key problems, the solution of which will enable the use of
our airports for civilian needs (Zhdanova, 2022).
In addition to the destruction of a large part of the infrastructure of the
Ukrainian civil aviation, Ukraine is experiencing large losses among highly
qualied specialists. The issue of training civil aviation specialists and
developing strategies for building aviation potential is extremely relevant
and important for Ukraine.
That is why today an important task is to establish partnership relations
in the aviation industry, which will help to make up for lost time. Even under
martial law, Ukrainian airlines continue to operate abroad, demonstrating
the powerful potential of aviation (The Minister of Education and Science of
Ukraine participates in the 41st session of the Assembly of the International
Civil Aviation Organization, 2022).
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It is logical to imagine that when civil aviation resumes operations in
Ukraine, there will be a problem of a lack of pilots, the absolute majority
of whom are currently losing their qualications. The loss of qualication
not only of ight personnel, but also of technical and dispatching personnel
is a very big problem that should be solved now. Unfortunately, Ukraine
does not have a single training center for pilots or simulators for Western
aircraft used in Ukraine (Zhdanova, 2022).
Under such conditions, before the resumption of civil aviation ights, the
state must develop a comprehensive plan for maintaining the qualications
not only of air carriers, but also of the entire aviation industry.
Conclusions
State regulation of the use of airspace is the activity of authorized subjects
by available legal means, which is carried out by them in connection with
aircraft ights, the movement (stay) of material objects in the airspace of
Ukraine, the implementation of a number of other works and activities
related to the use of airspace space, through the implementation of a set of
legally established means to guarantee aviation safety, ensure the interests
of the state, national security, and the needs of society and the economy in
air transportation and aviation operations.
The main measures by means of which the state regulation of the use
of airspace is carried out are: granting permits, establishing conditions,
prohibitions and restrictions on the use of airspace; establishing the
structure of the air space; conrmation of air trac service routes;
implementation of airspace classication; planning and coordination
of airspace use; consideration of applications for the use of airspace;
coordination of activities related to the use of airspace and civil-military
coordination; determining the procedure for aircraft crossing the state
border and using the airspace of the zone with a special mode of airspace
use; implementation of control over compliance with the procedure and
rules for the use of the airspace of Ukraine.
The regulatory basis for the implementation of measures of state
regulation of the use of airspace is a signicant number of normative legal
acts, the main ones of which are: the Constitution of Ukraine, international
treaties of Ukraine, acts of codied legislation and laws of Ukraine,
subordinate normative legal acts. The large number of acts of the sub-
legal level, issued by various subjects of rule-making, complicates their
perception and law enforcement as a whole and requires systematization.
Among the norms of international and national legislation that
regulate relations in the eld of air transport, the key role belongs to the
140
Mykhaylo Klymchuk, Oleksandr Bernaziuk, Maryna Kovalyova, Petro Kravchuk y Oleksii Humin
The air transport industry as an object and subject of government regulation
administrative-legal mechanism of state regulation, which regulates
relations and maintains the balance of private and public interests in the
eld of aviation with the help of administrative-legal means.
The task of direct state regulation of the use of Ukrainian airspace is
entrusted to Ukraeroruh and Ukraerocenter. Before the resumption of
civil aviation ights after the end of military operations on the territory of
Ukraine, a comprehensive plan for maintaining the qualications of not
only air carriers, but also the entire aviation industry must be developed at
the state level.
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Esta revista fue editada en formato digital y publicada
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