Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle
Subject. The subject of the study is the legal problems of obtaining permission to operate aircraft (operator's certificate) in the field of unmanned aviation.Purpose. The purpose of the article is to confirm or refute the hypothesis of incomplete compliance of the existing practice of issuing...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | Russian |
| Published: |
Dostoevsky Omsk State University
2025-03-01
|
| Series: | Правоприменение |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/1047 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849700263940587520 |
|---|---|
| author | A. D. Kuznetsov A. O. Akulov R. E. Zverev |
| author_facet | A. D. Kuznetsov A. O. Akulov R. E. Zverev |
| author_sort | A. D. Kuznetsov |
| collection | DOAJ |
| description | Subject. The subject of the study is the legal problems of obtaining permission to operate aircraft (operator's certificate) in the field of unmanned aviation.Purpose. The purpose of the article is to confirm or refute the hypothesis of incomplete compliance of the existing practice of issuing an operator's certificate with the principle of proportionality of mandatory requirements and risks in relation to the use of unmanned aircraft, to develop recommendations for improving the norms governing the process of issuing an operator's certificate when using unmanned aerial vehicles (UAVs).Methods. The research methods included an analysis of the current state of the existing legal norms governing the process of issuing an operator's certificate when using UAVs, an analysis practices and problems of their application.Conclusions. According to the results of the study, the authors identify a number of legal problems that hinder the development of the aviation industry with UAVs and create certain risks for the performers of such work:(1) The presence of norms that are not applicable to the UAV operator (for example, the use of airports, the choice of alternate airfields, the creation of an aviation security service for the operator, the development of an aviation security program, requirements for aviation personnel, etc.);(2) Legal uncertainty regarding the confirmation of the qualification level of an employee or a person engaged under a civil law contract engaged in work in unmanned aviation;(3) Limited applicability to unmanned aviation of the forms of documents provided for in Appendix 2 to the Order of the Ministry of Transport dated November 19, 2020 No. 494 (the need to specify the details of certificates of aviation specialists, data on medical examination, information on engineering and technical personnel);In the end, the authors of the article consider it appropriate to amend the rules for obtaining an operator's certificate for UAV operators with a maximum take-off weight of up to 30 kg. |
| format | Article |
| id | doaj-art-7d8242c898e44b6ca153e13b0d6cf103 |
| institution | DOAJ |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| publishDate | 2025-03-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj-art-7d8242c898e44b6ca153e13b0d6cf1032025-08-20T03:18:19ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502025-03-0191546310.52468/2542-1514.2025.9(1).54-63569Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicleA. D. Kuznetsov0A. O. Akulov1R. E. Zverev2Kemerovo State UniversityKemerovo State UniversityKemerovo State UniversitySubject. The subject of the study is the legal problems of obtaining permission to operate aircraft (operator's certificate) in the field of unmanned aviation.Purpose. The purpose of the article is to confirm or refute the hypothesis of incomplete compliance of the existing practice of issuing an operator's certificate with the principle of proportionality of mandatory requirements and risks in relation to the use of unmanned aircraft, to develop recommendations for improving the norms governing the process of issuing an operator's certificate when using unmanned aerial vehicles (UAVs).Methods. The research methods included an analysis of the current state of the existing legal norms governing the process of issuing an operator's certificate when using UAVs, an analysis practices and problems of their application.Conclusions. According to the results of the study, the authors identify a number of legal problems that hinder the development of the aviation industry with UAVs and create certain risks for the performers of such work:(1) The presence of norms that are not applicable to the UAV operator (for example, the use of airports, the choice of alternate airfields, the creation of an aviation security service for the operator, the development of an aviation security program, requirements for aviation personnel, etc.);(2) Legal uncertainty regarding the confirmation of the qualification level of an employee or a person engaged under a civil law contract engaged in work in unmanned aviation;(3) Limited applicability to unmanned aviation of the forms of documents provided for in Appendix 2 to the Order of the Ministry of Transport dated November 19, 2020 No. 494 (the need to specify the details of certificates of aviation specialists, data on medical examination, information on engineering and technical personnel);In the end, the authors of the article consider it appropriate to amend the rules for obtaining an operator's certificate for UAV operators with a maximum take-off weight of up to 30 kg.https://enforcement.omsu.ru/jour/article/view/1047compulsory requirementsair code of the russian federationaviation workfederal aviation regulationsoperator certificateunmanned aircraftdigital lawsafety |
| spellingShingle | A. D. Kuznetsov A. O. Akulov R. E. Zverev Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle Правоприменение compulsory requirements air code of the russian federation aviation work federal aviation regulations operator certificate unmanned aircraft digital law safety |
| title | Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| title_full | Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| title_fullStr | Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| title_full_unstemmed | Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| title_short | Problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| title_sort | problems of legal regulation of issuance of an air operator certificate when using unmanned aerial vehicle |
| topic | compulsory requirements air code of the russian federation aviation work federal aviation regulations operator certificate unmanned aircraft digital law safety |
| url | https://enforcement.omsu.ru/jour/article/view/1047 |
| work_keys_str_mv | AT adkuznetsov problemsoflegalregulationofissuanceofanairoperatorcertificatewhenusingunmannedaerialvehicle AT aoakulov problemsoflegalregulationofissuanceofanairoperatorcertificatewhenusingunmannedaerialvehicle AT rezverev problemsoflegalregulationofissuanceofanairoperatorcertificatewhenusingunmannedaerialvehicle |