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Security Issues
Reference:
Zajkova S.N.
The concept of the development of Russian legislation in the field of aviation security
// Security Issues.
2022. № 3.
P. 105-118.
DOI: 10.25136/2409-7543.2022.3.38391 EDN: LSKBMX URL: https://en.nbpublish.com/library_read_article.php?id=38391
The concept of the development of Russian legislation in the field of aviation security
Zajkova Svetlana Nikolaevna
ORCID: 0000-0003-1205-501X
PhD in Law
Docent, the department of Administrative and Municipal Law, Saratov State Law Academy
Volskaya St., 1, 410056 Saratov, Russian Federation
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snzaikova@rambler.ru
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Other publications by this author
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DOI: 10.25136/2409-7543.2022.3.38391
EDN: LSKBMX
Received:
05-07-2022
Published:
07-10-2022
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.
Keywords:
transport security, transport security system, national security, transport safety, aviation security, acts of unlawful interference, administrative legislation, state regulation, transport complex, administrative and legal mechanism
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Some scientists consider the existence of norms fixing the rules for ensuring aviation security as "a traditional sectoral and non-systemic approach to security issues" [6, p. 34]. However, the specifics of air transport, a significant amount of international law on the protection of aviation require a balanced sectoral approach to legal regulation and public administration in this area. At the same time, it is the sectoral approach that will ensure coordination of interaction between all subjects of public administration in the field of aviation security. Conclusion It is proposed to preserve the current federal aviation security system approved by the Interdepartmental Commission on Aviation Safety, Civil Aviation Safety and Facilitation of April 4, 2019, giving it a regulatory character. The current federal aviation security system complies with the provisions of international conventions and agreements, contains full requirements for legal entities operating airports, airlines, Russian and foreign aircraft operators, authorities and other entities operating in the field of civil aviation. At the heart of the concept of the development of Russian legislation in the field of ensuring the protection of aviation from acts of unlawful interference, it seems necessary to use the norms of international law and national air legislation. To date, there are no significant legal grounds for abandoning the well-established concept of "aviation security" in legislation and law enforcement practice, its replacement with the concept of "transport security" will not allow to harmonize national legislation with international law. To exclude the existing excessive regulatory legal regulation, it is proposed to discuss the possibility of amending Article 83 of the Air Code of the Russian Federation, providing that the regulatory legal regulation of relations arising in the field of aviation security is carried out in accordance with the Federal Law "On Transport Security", taking into account the specifics established by Chapter XII of the Air Code of the Russian Federation. Aviation security is proposed to be understood as the state of security of air transport infrastructure facilities, civil aviation aircraft used for commercial air transportation and (or) performing aviation work from acts of unlawful interference. Under the act of unlawful interference is an illegal action (inaction) that threatens the safe operation of air transport infrastructure facilities, civil aviation aircraft used for commercial air transportation and (or) performing aviation work, which entailed harm to human life and health, material damage or created a threat of such consequences. It is also necessary to legislate that aviation security is provided by the aviation security services of airfields or airports, transport security units, aviation security services of operators (aviation enterprises), as well as authorized bodies endowed with this right by federal laws. The practical significance of this study lies in the fact that the practical recommendations formulated by the author determine the possibility of their application in order to improve the national administrative legislation on aviation security. The main direction of further research could be to identify areas for improvement and unification of approaches in the implementation of federal state control (supervision) in the field of transport and aviation security.
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For the article, the concept of the development of Russian legislation in the field of aviation security, the title corresponds to the content of the materials of the article. The title of the article reveals a scientific problem, which the author's research is aimed at solving. The reviewed article is of scientific interest. The author explained the choice of the research topic and justified its relevance. The purpose and objectives of the research are formulated in the article, the methods used by the author are indicated, the scientific novelty, theoretical and practical significance of the research are determined. The author outlined the results of the analysis of the historiography of the problem. In presenting the material, the author demonstrated the results of the analysis of the historiography of the problem in the form of links to relevant works on the research topic. There is no direct appeal to the opponents in the article. In the opinion of the reviewer, the author used the sources competently, maintained the scientific style of presentation, competently used the methods of scientific knowledge, followed the principles of logic, systematicity and consistency of presentation of the material. In the introduction of the article, the author described in detail the program of his research, justified the relevance of his chosen topic. In the main part of the article, the author stated that "international legal acts, agreements and treaties, which largely determine the content of Russian air legislation and legislation in the field of transport security in terms of civil aviation protection," etc., of particular importance in the legal regulation of the legal relations under consideration, listed the key international normative legal acts, as well as key regulatory legal acts of the Russian Federation in the field of air transport and transport security. The author clearly justified his idea that "in the national legislation in the field of aviation security, not only there is no uniformity in the conceptual apparatus, but also a "legal oversaturation" is allowed, etc., in particular, he drew attention to "the lack of uniformity in the understanding of two important concepts for legal regulation "aviation security" and "act illegal interference"in both international and national legislation", proposed his own definition of the term "aviation security". Further, the author explained why "practitioners" "advocate the harmonization of aviation and transport security", outlined the results of comparing "transport and aviation security based on various criteria", reasonably concluding that in order to eliminate the existing excessive regulatory legal regulation of the legal relations in question, it is advisable to adjust "certain norms of Federal Law No. 16-FZ and the Air Code The Russian Federation". The author then pointed out that "the absence of a federal aviation security system developed in accordance with Standard 3.1.1 of Annex 17 to the Chicago Convention will not allow the development of international air traffic with the participation of our country", which requires "additional discussions and assessment of the regulatory impact" of the draft law "On Amendments to the Federal Law "On transport security" and certain legislative acts of the Russian Federation" No. 1222092-7 "on the possibility of developing the Russian aviation business in the context of abandoning the Federal Aviation Security System," etc. The author's conclusions are generalizing, justified, and formulated clearly. The conclusions allow us to evaluate the scientific achievements of the author within the framework of his research. The conclusions reflect the results of the research conducted by the author in full. In the final paragraphs of the article, the author proposed "to preserve the current federal aviation security system, approved by the Interdepartmental Commission on Aviation Safety, Civil Aviation Safety and Facilitation of April 4, 2019, giving it a regulatory character," etc., stated the need to use "at the heart of the concept of development of Russian legislation in the field of aviation security from acts of unlawful interference" of the norms of international law and national air legislation. Then the author stated that in order to eliminate excessive regulatory legal regulation, "the possibility of amending article 83 of the Air Code of the Russian Federation should be considered, providing that the regulatory legal regulation of relations arising in the field of aviation security is carried out in accordance with the Federal Law "On Transport Security", taking into account the specifics established by Chapter XII of the Air Code The Russian Federation". The author repeated his own definition of the term "aviation security", and also proposed to legislate a list of entities ensuring aviation security. The author summarized that "the main direction of further research could be to identify areas for improvement and unification of approaches in the implementation of federal state control (supervision) in the field of transport and aviation security." In the reviewer's opinion, the author has achieved the purpose of the study. The publication may arouse the interest of the magazine's audience.
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