Features of legal regulation of labor relation of aviation personnel
The author emphasizes the great importance of civil aviation as an industry that actively contributes to the development of the global and domestic economy of any country and points to the European integration processes that took place in Ukraine in peacetime and are continuing during wartime in th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
State Higher Educational Establishment «Uzhhorod National University».
2025-03-01
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| Series: | Науковий вісник Ужгородського національного університету. Серія Право |
| Subjects: | |
| Online Access: | http://visnyk-pravo.uzhnu.edu.ua/article/view/324798 |
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| Summary: | The author emphasizes the great importance of civil aviation as an industry that actively contributes to the development of the global and domestic economy of any country and points to the European integration processes that took place in Ukraine in peacetime and are continuing during wartime in this area. The author emphasizes the dominant mission of aviation personnel in providing flight safety and the need for their training and retraining even in difficult situations, which is important for the resumption of the effective functioning of civil aviation in peacetime. The author analyzes the specifics of legal regulation of labor of aviation employees and makes conclusions about its differentiation due to the specifics of the labor function of aviation personnel, which is associated with the risks of operating air transport as an object of high risk and responsibility for the life and health of air passengers, and safety of baggage, goods and mail. The author made a conclusion that the norms of labor law institutions should be extended to aviation personnel, but at the same time, their labor should be regulated in more detail by the air law norms contained in the Air Code of Ukraine and other regulations (including inernatinal law) which constitute the legal support of the aviation industry, in particular, the activities of employees of the aviation sector of the economy.
In order to clearly define the legal status of workers in the fiald of civil aviation, an analysis of the rule-macing activities of the International Civil Aviation Organization (ICAO) was carried out in terms of the developing and the adoption of Standards and recommended practices (SARPs) as Annexes to the Convention «On International Civil Aviation», where in Annex 1 of the SARPs «Requirements for civil aviation personnel when issuing a sertificates», it is recommended to establish in the air legislation of the countries party to the Convention the requirements that must be met in order to obtain a certificate for a flight crew member and ground worker. Based on a study of the norms of national air legislation, its copmpliance with the SARPs recommendations regarding the requirements for certain categories of civil aviation workers was established.
Problematic issues in the field of civil aviation that arose due to the military aggression of the RF against Ukraine (loss of jobs by, search for new approaches to personnel work). It is proposed to solve them by increasing funding, which should be aimed at retaining qualified personnel and can be considered as a strategic investment in the futher development of the industry.
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| ISSN: | 2307-3322 2664-6153 |