Problems and perspectives of legal regulation of air transport within the framework of Eurasian Economic Union

Abstract

This article examines the fundamentals of legal regulation of air transport within the framework of Eurasian Economic Union (EAEU) as well as problems of legal regulation of flight safety and air traffic management within EAEU. It is noted that taking into account long experience of economic integration in other regions of the world at certain stage of such integration the States are confronted with issues of coordination of their policies in the field of transport, including air transport, and the establishment of its legal regime at the regional level, since successful implementation of single regional market of goods, services, capital and labor is hardly possible without development of transport networks and relevant infrastructure. Despite the fact that EAEU law sets good basis for liberalization of air transport and creation of common market of air transport services within EAEU, successful achievement of these goals depends upon resolving, as soon as possible, the following problems: (a) defining the legal form for liberalization of legal regulation of air services within EAEU; (b) setting the stages of liberalization of legal regulation of air services within EAEU, including stages of expansion of market access and elimination of other restrictions for commercial activities of airlines; (c) resolving the issues of possible change of ownership and control conditions in respect of EAEU air carriers for the purpose of application of "common interest" concept allowing market access for air carries "substantially owned and effectively controlled" by any EAEU Member State, its citizens or legal entities; (d) defining the extent, to which the legal regulation of flight safety and air traffic management are legally regulated within EAEU, as well as the forms of cooperation between EAEU and Interstate Aviation Committee.

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