Journal article Open Access

Classification of Civil Aviation in Ukraine: a Comparative Legal Analysis

S.I. Moskalenko

The article analyzes the state control of civil aviation. A comparative analysis of various regulations in the field of civil aviation is conducted. It is concluded that there is a need to improve state control in the field of civil aviation.

Civil aviation creates significant risks for businesses, the environment, society, and is at the same time an organic component of social and scientific and technological development.

To date, the question of signs of state control of civil aviation in Ukraine has been almost unexplored. In addition, the issues of administrative and legal regulation of general aviation are unresolved.

State control in the field of civil aviation is of great importance today. This is related to the rapid development of aviation, scientific and technological progress, European integration processes in Ukraine.

The analysis of the domestic legislation leads to the conclusion that in Ukraine there is no single definition of general aviation, this raises a number of misunderstandings in the interpretation of activities performed by general aviation. According to Article 1 of the Air Code of Ukraine, general aviation is aviation not used for commercial air transportation and performance of aviation works. It is worth agreeing with the considerations of V. Zueva, V. Cherevatyuk that the current code does not form an idea of the subject of regulation of general aviation, therefore does not fix the possibility of carrying out any commercial activity, including conducting aviation works within the RAM, and allows for an ambiguous interpretation in the provisions of general aviation. In addition, the Code does not contain a direct prohibition on conducting commercial activities by general aviation. It is worth noting that there is no separate section in the Air Code that would regulate general aviation.

Civil aviation is divided into commercial and general aviation. Today, there are different definitions of general aviation set out in various regulations. For the sake of uniform interpretation, it is necessary to consolidate a single definition of general aviation.

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