Право і безпека (Feb 2020)
Air Transport Area as an Object of State Regulation
Abstract
It is emphasized that the aviation area is a high-tech sector of the economy of any state, the dynamic development of which requires streamlining national legislation in this area, expanding international cooperation, updating legal instruments used by public authorities in state regulation in the air transport area. In this regard, it is emphasized that the efficiency of the air transport area directly depends on the status of state regulation of aviation activities. As a result of the legislative understanding of the composition of air transport, it is concluded that air transport in this case is understood in a broad sense not only as a set of direct aircraft, but also as a holistic system, which also includes a set of objects for ensuring air transport functioning, air traffic control, etc. It is emphasized that such an interpretation of air transport is not entirely appropriate, as it significantly expands the understanding of this term. In this regard, the expediency of understanding air transport exclusively as a set of vehicles that are united only by their inherent characteristics (transportation in the airspace) is justified. And it is already expedient to single out the objects, the functioning of which has the providing (service) nature and creates conditions for the proper operation of the air transport itself. The significance of aviation and transport for Ukraine, which ensures its functioning, is revealed. It is argued that today it is important to ensure effective state support, for example, by updating the existing system of effective state preferences and incentives for planning and production of air transport. The specific features inherent in the field of air transport as an object of state regulation are formulated. It is established that the state, realizing the importance of state support for the planning and development of modern innovative high-tech air transport, takes appropriate steps in this direction; the specified steps are outlined. The peculiarities of the negative impact of the pandemiological situation in the world since the beginning of 2020 on the aviation area of Ukraine are characterized. It is concluded that the state needs to respond appropriately, i.e. to implement appropriate state regulation of the aviation area functioning during the pandemic, in particular in the implementation of air transportation in exceptional cases, the operation of airfields and airports in quarantine, aircraft parking in designated areas, standardization of issues, related to the return of passengers for canceled flights or their rebooking, providing state support to the aviation area in connection with the cessation of financial revenues from all market participants (including by allocating subsidies from the state budget, providing state aid to ensure minimal operation of airports and airfields, exemption of airlines from paying certain types of taxes for a certain period of time), etc.
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