ПРАВОВІ ВИМОГИ ДО ДЕРЖАВНОЇ ДОПОМОГИ В АВІАЦІЙНІЙ ГАЛУЗІ

ІСТОРІЯ І СУЧАСНІСТЬ

Abstract

Grygorov O. Legal requirements
for state aid in the aviation
industry: history and present
The article analyzes the legal
requirements for state aid in the
aviation industry, starting with
the practice of state subsidies for
air transportation and aircraft
construction in countries such as
France, Great Britain and Germany
in the 20s and 30s of the last century.
After the 1944 Chicago Convention
on International Civil Aviation has
entered into force, the International
Civil Aviation Organization (ICAO)
became the main moderator of the
principles and standards of state
aviation policy.
It is established that ICAO’s
activities are aimed at eliminating
different interpretations of the
content and direction of state aid
in the field of air transport in the
legislative practice of ICAO member
states. Attention is focused on the
existence of different interpretations
of the concept of state aid (subsidies)
in the law of the European Union
(EU) and the law of the World
Trade Organization (WTO), which
further complicates the development
of consensual legal qualification of
state aid to aviation entities. The need
to develop and implement universal
principles and standards of state aid
in the field of aviation is also due
to the very diverse legal framework
for regulating this range of state
economic policy in the legislation of
ICAO member states.
The article consistently examines
the main stages of ICAO’s work on
the formation of general approaches
to the provision of state aid in the
field of aviation. The main ICAO
recommendations on the legal
regulation of state support for
national air carriers and other air
service providers are analyzed.
The study also analyzes the
current cooperation between ICAO
and other international organizations,
such as the International
Labor Organization (ILO), the
International Air Transport Association
(IATA) on the formation of
the necessary common standards of
state aviation assistance during the
COVID‑19 pandemic.
Author concluded that a number
of ICAO recommendation documents
in this area are universal and basic
for the formation of modern legal
bases for state support of aviation
entities under the legislation of most
countries, and that Ukraine, as an
ICAO member state, should make full
use of existing developments in this
segment of civil aviation.