The dissertation is devoted to the research and development of issues related to the peculiarities of civil regulation of airport services and the provision of airport services as a variety of civil relations.
The dissertation considers general approaches to civil regulation of airport services in Ukraine, in particular, the formation of legal regulation of airport services and its development trends. It has been established that airport services are a type of civil law services that arise on the basis of an agreement with airport services and represent a certain continuous process, starting with preparation for take-off and completing the necessary work after landing the aircraft. Subtypes of an airport service agreement are contracts for servicing regular, charter flights, business aviation flights, one-time airport services, etc.
It is concluded that the most acceptable type of agreement that should be concluded with an entity engaged in entrepreneurial activities in the field of maintaining and operating an airport for the provision of airport services is a concession agreement, which should be the basis for legal relations, and this is formed.
The work found that legal relations in airport services arise on the basis of the legal composition, which includes, along with legal facts regulated by civil law, also legal facts, requirements and conditions stipulated by economic and administrative legislation.
In order to ensure the entirety of guarantees of compliance with aviation safety rules, it is necessary to consolidate at the legislative level the principle of the presumption of the legitimacy of the requirements for eliminating the identified deficiencies in the results of the services provided for airport services. According to this principle, if a representative of an air carrier or an airport operator concludes that any airport service was rendered incompletely or poorly by a contractor, representatives of such a contractor are required to immediately fulfil the requirements and fully comply with all the actions that the air carrier’s representatives insist on or airport operator. Moreover, if the contractor does not agree with the assessment of the results of the services provided by him, he has the right: a) to record on the photo / video the results of the services provided before he performs additional actions, as well as the requirements of the representative of the airport operator or air carrier; b) record the fact of his disagreement with the requirements for additional actions to eliminate deficiencies in the “Form C1” in the “Notes” section; c) draw up an act of disagreement with the requirements received and send it to the person who issued them; d) provide a claim for payment of the cost of additional actions committed to eliminate the identified deficiencies. If the dispute is not resolved in a pretentious way, it must be referred to the court in compliance with the rules of jurisdiction and jurisdiction.
It is concluded that, taking into account global trends towards global standardization in the field of air transportation, the forms of documents confirming the fact of proper fulfilment of obligations to provide airport services should be unified. It is proposed to consolidate at the legislative level the principle of the presumption of lawfulness of the requirements for elimination of identified deficiencies in the results of airport services provided. According to this principle, if the representative of the air carrier and / or the operator of the airport concludes that any airport service was rendered incomplete / poor by the contractor, the representatives of such contractor shall immediately fulfil the requirements and act in full on all actions, which are performed by the representatives of the air carrier. or an airport operator. One of the peculiarities of fulfilling the obligations under the airport service contracts is the large number of these obligations that must be fulfilled for the benefit of third parties.
