DOI 10.37749/2308-9636-2019-12(204)-1
Spasybo V. V. Genesis of legal regulation of airport services in Ukraine.
The study of the genesis of legal regulation of relations in the provision of airport services allows us to draw the following conclusions. Airport services and their legislative regulation are directly related to air transportation services. With the expansion of the scope of these services, airport services also developed. These types of services began to take shape in the early ХХ century and rapidly developed with the creation of a network of airports around the world, including in Ukraine. At the same time, legislative regulation was formed as a set of rules governing transportation, then legislation on the provision of services joined it.
It was established that civil legislation on airport activities historically supplemented the legislation on air transportation, the main purpose of which was to comply with air safety guarantees. A peculiarity of the civil legislation of Ukraine governing the activities of airport services is that its basic norms are not contained in the Civil Code of Ukraine, but in the norms of other legislative and by-laws, primarily in the Air Code and the Aviation Rules of Ukraine, as well as in the administrative, economic, tax, labor, environmental, land and other branches of law. However, the core of this set of norms is precisely the rules of civil law, which allows you to regulate these relationships using the principles and methods of civil law and at the same time take into account the links between the various branches of legislation as elements of the system.
It is concluded that the legislation of Ukraine on the provision of airport services should be developed in the process of its unification with EU directives, standards and recommended practices of the International Civil Aviation Organization, due to the global processes of the impact of globalization on these relations and international obligations undertaken by Ukraine.
Key words: legal regulation, civil law relations, civil law, airport service, Air Code of Ukraine, Aviation Rules of Ukraine.
References
Weigelin K. E. Conquest of the air ocean. History and current state of
aviation. St. Petersburg: P. Soikin’s Book Publishing House, 1912. 168 p.
- A. Plekhanov, A. M. Plekhanov Separate Border Guard Corps Imperial Russia (1893–1917): a historical sketch. Moscow: Border. 2003. 287 p.
On air traffic: Decree of the SNK of the RSFSR from January 17, 1921
URL: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n= 9422 # 05862290638342331.
About the order of allotment to the military department of land plots for the arrangement of airfields and landing sites: Resolution of the Labor and Defense Council of the USSR from September 28, 1923.
Regulation on the Main Directorate of the Peasant Red Air Fleet: approved by order of the Chairman of the Revolutionary Military Council of the Republic of 21.09.1921 No. 2186. URL: http://www.alppp.ru/law/zakonodatelstvo-ob-oborone/51 /view-revvoensoveta-rsfsr-ot-03-10-1921–2186. html.
Regulations on the Division of Specialists of the Red Air Fleet: approved by the order of the Chairman of the Revolutionary Military Council of the Republic of 24.11.1921 No. 2476. URL: http://www.alppp.ru/law/zakonodatelstvo-ob-oborone/51/prikaz-revvoensoveta- rsfsr-ot-03-11-1921–2476. html.
On the assignment of technical supervision of overhead lines to the
General Directorate of the Air Fleet and the organization of the Civil Aviation Council: Resolution of the Labor and Defense Council dated 09/02/1923 URL: https://en.wikipedia.org/wiki/%D0% 92% D0% BE% D0% B7% D0% B4% D1% 83% D1% 88% D0% BD% D1% 8B% D0% B9_% D1% 82%% 81%.
History of domestic civil aviation / ed. IA Filatov. Moscow: Air
Transport, 1996. 584 p.
Civil Code of the Ukrainian SSR 1922 URL: https://yuristonline.org/laws/codes/ex/civilnyi_kodeks_usrr_1922. pdf. 10. Air Code of the USSR. 1932 Moscow: RIO Aeroflot, 1932.
Air Code of the USSR 1935. Moscow: RIO Aeroflot, 1935.
Air Code of the USSR with corrections and additions as of January 1, 1938. Moscow: RIO Aeroflot, 1938.
Air Code of the USSR with corrections and additions as of January 1, 1946. Moscow: RIO Aeroflot, 1946.
Air Code of the USSR: approved by Decree of the Presidium of the Supreme Soviet of the USSR on December 26, 1961, Wedomosti of the Supreme Soviet of the USSR. 1961. No. 52. Art. 538.
Air Code of the USSR: approved by Decree of the Presidium of the Supreme Soviet of the USSR dated 05/11/1983 No. 9275-x. Wedomosti of the Supreme Soviet of the USSR. 1983. No. 20. Art. 303.
Air Code of Ukraine dated 04.05.1993 № 3167-XII. Information of the Verkhovna Rada of Ukraine. 25. № 25. Art. 274.
About the property: Law of the USSR of February 7, 1991 No. 697-XII. Information of the Supreme Soviet of the USSR. 1991. № 20. Art. 249.
On Entrepreneurship: Law of the USSR of 7.021991, No. 698-XII. Information of the Supreme Soviet of the USSR. 1991. № 14. Art. 168.
Civil Code of Ukraine, dated January 16, 2003, No. 435-IV. Official Bulletin of Ukraine. 2003. № 11. Art. 461.
Air Code of Ukraine dated May 19, 2011, No. 3393-VI. Information of the Verkhovna Rada of Ukraine. 2011. № 48—49. Art. 536.
On approval of the Aviation Rules of Ukraine “Procedure for granting and cancellation of the rights for operation of overhead lines”: Order of the State Aviation Service of Ukraine dated October 24, 2014 No. 686. Official Bulletin of Ukraine. 2015. № 42. Art. 1345.
On the International Treaties of Ukraine: Law of Ukraine of 29.06.2004 No. 1906-IV. Information of the Verkhovna Rada of Ukraine. 2004. № 50. Art. 540.
On Private International Law: Law of Ukraine of 23.06.2005 No. 2709-IV. Information of the Verkhovna Rada of Ukraine. 2005. № 32. Art. 422.
Convention on the Regulation of Air Navigation (Paris Convention) of 13.10.1919 URL: http://www. spacelaw. olemiss. edu/library/aviation /IntAgr/ multilateral/1919_Paris_conevention. pdf.
Ibero – American (Madrid) Convention on Air Navigation. URL: http://www.sct.gob.mx/fileadmin/_migrated/content_uploads/3_Decreto_por_el_cual_se_promulga_el_Convenio_Iberoamericano. pdf.
Pan-American (Havana) Convention on Civil Aviation, 20.02.1928 URL: https://www.loc.gov/law/help/us-treaties/bevans/m-ust000002-0698. pdf.
Warsaw Convention of 1929 on the Unification of Certain Rules Relating to International Air Transport (Hamburg Rules), Warsaw, 10/12/1929 URL: http://www.afr.kz/index_f/warsaw-convention_protocol. pdf.
Airplane Transit Convention (Buenos Aires Convention), 19.06.1935 URL: http://www.sct.gob.mx/JURE/doc/160-transito-aviones-1935. pdf.
Chicago Convention on International Civil Aviation, 07.12.1944 URL: http://zakon2.rada.gov.ua/laws/show/995_038.
Regarding market access to groundhandling services at Community airports: Council Directive № 96/67 / EC of the European Community of 15.10.1996 URL: http://www.amc.gov.ua/amku/doccatalog/ document?id = 132043&schema = main.