AVIATION SAFETY AS ONE OF THE KEY DIRECTIONS OF ADAPTATION OF UKRAINIAN LEGISLATION TO THE LEGISLATION OF THE EUROPEAN UNION

Abstract

The purpose of the article is to analyze the features and priority areas of adaptation of Ukrainian legislation to the legislation of the European Union, in particular, in the context of ensuring aviation safety in the process of implementing the European integration course of our state at the present stage. The research methods are determined by the stated purpose and include: ontological, epistemological, comparative, systemic, structural-functional, legal semiotics, strategic, prognostic and others. Results: it was established that Ukraine, as a subject of international law, a member of ICAO and a candidate for membership in the European Union, has taken on a significant amount of international legal obligations in the aviation sector. Analysis of the regulatory and institutional framework for their implementation at various levels demonstrates significant achievements, challenges, and problems along the way, namely: - theoretical, practical, and applied; - general and special; - priority or urgent and promising, etc. In particular, a significant part of the tasks that Ukraine has faced on the path of adaptation to EU legislation in the context of ensuring aviation safety, as well as the process of implementing the European integration course of our state in general, currently involve a comprehensive, systematic, scientifically sound, and practice-oriented approach. Problems of terminological uncertainty have been identified in the use and interpretation of such fundamental categories as «aviation safety», «aviation security», «civil aviation security», their correlation with «illegal acts against the safety of civil aviation», etc., which causes certain misunderstandings in the argumentation and implementation of instruments, procedures for ensuring aviation safety, air navigation safety, environmental and other types of civil aviation safety. Progress is observed in the adaptation of Ukrainian legislation to EU legislation, its directives and regulations, especially with the signing of the 2021 Common Aviation Area Agreement, since a single unified list of rules and standards for the provision of air transport services between the EU and Ukraine, security and other guarantees has been established. Discussion: a broad approach to understanding «aviation safety», «aviation security» is appropriate and optimal, as opposed to the «illegal acts against the safety of civil aviation» previously established in international law. There remain some external and internal problems that slow down or hinder the full liberalization of the aviation market with the EU, real guarantee of aviation safety, etc. Therefore, it is natural to improve national legislation, primarily the Air Code of Ukraine, by-laws and law enforcement practice; constant monitoring, analysis of its results, expansion of forms and methods of cooperation with EU bodies and agencies, primarily the European Union Aviation Safety Agency (EASA), etc.