SYSTEM OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF AVIATION SECURITY

Abstract

The article provides a comprehensive administrative and legal analysis of the system of aviation security actors in Ukraine. Theoretical and legislative approaches to defining the range of entities authorised to implement state policy in the field of protecting civil and state aviation from acts of unlawful interference and other security threats are examined. Scientific approaches to understanding the concepts of “public administration entity” and “holder of public authority” and their correlation within the aviation security framework are analysed. An author’s definition of the concept of an “aviation security actor” is formulated as an authorised state body, local self-government body, public or private legal entity, as well as their officials, who, on the basis of legislation, perform public-authority, managerial, coordination, service or supporting functions aimed at preventing, detecting and neutralising threats to civil and state aviation. The main criteria for classifying entities as components of the aviation security system are identified. The legal status of the State Aviation Administration of Ukraine, law enforcement agencies, aviation entities and aviation security services is examined. An author’s approach to the systematisation of aviation security actors based on a functional and institutional criterion is substantiated. Particular attention is paid to determining the place of the Ministry of Internal Affairs of Ukraine within the aviation security system. It is established that current legislation provides for the indirect participation of the Ministry through subordinate bodies while failing to define its independent administrative and legal status in this area. The expediency of recognising the Ministry of Internal Affairs of Ukraine as a coordination-level aviation security actor is substantiated. Amendments to the Law of Ukraine “On the State Civil Aviation Security Programme” are proposed in order to establish the Ministry’s coordination and organisational-management powers in the field of aviation security.