ACTS OF ILLEGAL INTERFERENCE IN CIVIL AVIATION ACTIVITIES: THEORETICAL AND LEGAL ANALYSIS

Abstract

The article is devoted to the definition of acts of illegal interference in the activities of civil aviation. A legal analysis of national and international legislation was carried out in order to define the concepts of "aviation security" and "acts of illegal interference in the activity of civil aviation". A comparison of the criminal legislation in the old edition and in the existing one, taking into account changes and additions, was made. The criminal-legal protection of aviation security established by the articles of the Special Part of the Criminal Code of Ukraine has been studied and analyzed. Based on the generalized results of the systematic analysis of the current Criminal Code of Ukraine, criminal offenses against aviation security should include criminal offenses whose actions contain signs of acts of illegal interference in the activities of civil aviation. Since in the legislation of Ukraine, aviation security is defined as the protection of civil aviation from acts of illegal interference, which is ensured by implementing a set of measures involving human and material resources, the concept of aviation security is defined through the concept of an act of illegal interference in the activity of civil aviation. Criminal legal protection of aviation security is established by the articles of the Special Part of the Criminal Code of Ukraine, which are located depending on the generic object in its various sections. The draft Law of Ukraine "On Amendments to the Criminal Code of Ukraine (on improving the efficiency of ensuring traffic safety and operation of transport)" was developed taking into account the provisions of the Convention on International Civil Aviation, documents of the International Civil Aviation Organization (ICAO), the Model Criminal Code, as well as positive foreign experience of post-Soviet countries, highly developed European states (Holland, Denmark, Sweden, Switzerland). The purpose of the draft law was to bring the legislation of Ukraine on criminal liability on the issues of traffic safety and transport operation into compliance with generally recognized norms, principles of international law and international standards, to increase the effectiveness of prevention and countermeasures against criminal violations of traffic safety rules or the operation of railway, water or air transport, taking into account positive foreign education of the countries of the post-Soviet space and highly developed European states.