Almanac of law. Issue 15 (2024), pages 399–404.

DOI: 10.33663/2524-017X-2024-15-399-404

Pokhylenko I. S.
Role and Significance of Unmanned Aerial Vehicles in Aviation Activity

Unmanned Aerial Vehicles (UAVs) represent a revolutionary technology that is rapidly transforming the aviation sector. UAVs’ capabilities and versatility make them indispensable tools in various aspects of aviation activity. The purpose of this article is to provide a comprehensive assessment of the role and significance of UAVs in aviation activity, considering their advantages, challenges, and prospects for development. The research methods employed in this study include a combination of various general scientific and specifically legal approaches and methods. Among the general scientific methods utilized are analysis and synthesis, deduction, induction, forecasting, modeling, analogies and dialectical methods. A systemic analysis and synthesis method were employed to comprehensively analyze the role and position of UAVs in aviation activity. The dialectical method was used to obtain new results, facilitating the transition from the known to the unknown. Thus the research involves not only the transformation of previously established theoretical knowledge but also the formation of its new modification through systematic supplementation with new theoretical positions.

Special legal methods were also applied, including comparative legal and formal-legal methods. The formallegal method was applied to define the content of key concepts and systematize material to derive generalized conclusions within the scope of the discussed issues. The comparative legal method helped identify common and distinctive features of several key provisions concerning UAV utilization.

Additionally, the study adopted systemic-structural, comprehensive, and holistic approaches to research. The formulation and justification of theoretical propositions, proposals, practical recommendations, and conclusions are based on the aforementioned methods and approaches.

The research delved into the regulatory framework governing aviation activity, including the Riga Declaration and the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Use of UAVs by Law Enforcement Agencies and Combating Their Illegal Use». The definition of UAVs has been analyzed; its certain shortcomings (such as the lack of a clear delineation between UAVs and other types of aircraft, such as radiocontrolled models) have been singled out. Important UAV characteristics such as size, range, flight altitude, engine type, payload, etc., were not adequately addressed in this definition. The study also emphasized that the use of UAVs is significantly restricted in conditions of martial law in Ukraine.

The role and significance of UAVs in aviation activity during martial law were described, leading to the conclusion that their utilization will be restored and expanded after the cessation of martial law. Therefore, it is crucial to improve the regulatory framework governing their use, taking into account the lessons learned from military experience.

Key words: unmanned aerial vehicles, aviation activity, martial law

References

1. Pokhylenko I. S. Poniattia aviatsiinoi diialnosti. Yurydychnyi visnyk «Povitriane i kosmichne pravo». 2019.
   № 3. S. 15–19.
2. Petrov O. O. Osnovni teoretychni pidkhody do vyznachennia aviatsiinoi diialnosti. Pravova systema ta
   derzhavotvorennia: istorychnyi vymir i suchasni tendentsii: materialy naukovo-praktychnoi konferentsii
   (m Uzhhorod, 17–18 liutoho 2023 r.). Odesa: Molodyi vchenyi, 2023. S. 34–36.
3. Klepikova O. V. Pravova orhanizatsiia transportnoi systemy Ukrainy: monohrafiia. Kyiv: Lira-K, 2019. 444 s.
4. ICAO Cir. 328, Unmanned Aircraft Systems (UAS). International Civil Aviation Organization. 2011. 54 p.
5. Convention Commercial Aviation (Inter-American), signed at Havana February 20, 1928. The Department of
   State. 1928. 12 r.
6. Regulation (EU) No. 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common
   rules in the field of civil aviation and establishing a European Union Aviation Safety Agency. Official Journal.
   22.8.2018. L 212. P. 1–122.
7. Bielovol S. Svitovyi dosvid pravovoho rehuliuvannia vykorystannia bezpilotnykiv: informatsiina dovidka,
   pidhotovlena Yevropeiskym informatsiino-doslidnytskym tsentrom na zapyt narodnoho deputata Ukrainy.
   URL: https://infocenter.rada.gov.ua/uploads/documents/28939.pdf (data zvernennia: 01.04.2024)

Iryna Serhiivna Pokhilenko,
Associate Professor of the Department of Political Science and Law
Kyiv National University of Construction and Architecture,
Candidate of Law, Associate Professor
ORCID: 0000-0001-5409-7408