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Safety of Aviation

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Київський студентський журнал міжнародного права - № 3 (2006)
31
Акти незаконного втручання в діяльність цивільної авіації: деякі аспекти міжнародно-правової боротьби з ними
Олексій Башинський, студент V курсу, відділення європейського права,
Інституту міжнародних відносин
Київського національного університету ім Т.Г.Шевченка
Рецензент: к.ю.н. Філіпенко О.В.
Метою даної статті є загальний огляд явища незаконного втручання в діяльність цивільної авіації та висвітлення деяких значущих аспектів даної проблеми, яка не тільки не втрачає, а навпаки дедалі набуває все більшої актуальності.
З появою авіації, зокрема цивільної авіації, незабаром постало питання захисту від незаконних актів втручання у її діяльність.
Так, держави почали вживати заходів на законодавчому рівні. Одним з найбільш ранніх законодавчих актів подібного роду був закон Німеччини 1922р., який, зокрема, встановлював міри покарання для осіб, «які навмисно піддають небезпеці життя людей шляхом навмисного пошкодження, знищення або приведення до непридатного чи небезпечного стану повітряного апарата, а також ті, хто навмисно створюють перепони для руху повітряного апарату шляхом оманливих сигналів чи іншим чином»49.
Найперший відомий випадок незаконного захоплення літака, відбувся в Перу в 1930р. За деякими відомостями, літак було викрадено з метою поширення листівок революційного змісту (іноді зустрічається дата першого угону літака в 1912 р.) 50. Однак жодних наслідків у міжнародно-правовій сфері цей інцидент не викликав, до того ж, впродовж ще до 1947р. подібні випадки не траплялися. В 40-х – 50-х роках акти незаконного втручання в діяльність цивільної авіації були ще відносно поодиноким явищем, проте починаючи з 60-х років вони
49 Малеев Ю.Н. Международное воздушное право: Вопросы теории и практики.- М.: МО, 1986. - С.195.
50 Буткевич В.Г., Мицик В.В, Задорожний О.В. Міжнародне публічне право: Основні галузі. - К.: Либідь,
2002., С.463

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