Problems and prospects of legal regulation of economic activities conducted with the use of unemployed aircraft (UAV)

Abstract

Statement of the problem. Effective legal support of economic activities using unmanned aerial vehicles (hereinafter - UAVs) is extremely important and strategically necessary for the economic and legal development of Ukraine in the coming years. It is worth noting that this is not a narrow “aviation” industry, but a trans-sectoral economic model that covers agribusiness, logistics, infrastructure, security, medicine, energy, defense, etc. The role and importance of UAVs for the country's economy is growing every day. Business entities in the private sector are actively developing, supplying and servicing UAVs, which creates an urgent need for legal regulation of the B2G and B2B segments. Obviously, UAVs will have prospects for development during the post-war recovery period, such as in the agricultural business (aerial photography, precision farming), construction (facility monitoring), energy (inspection of transmission lines), etc. In the context of its European integration progress, Ukraine is also obliged to bring its domestic legislation in line with the requirements of EU legislation on UAVs (the central part of which is Regulation (EU) 2019/947 of May 24, 2019 on rules and procedures for the use of unmanned aerial vehicles), as well as with the standards of EASA (European Aviation Safety Agency).

The purpose of the article is to determine the specifics of legal support for economic activities involving the use of UAVs, which is inevitably necessary from the perspective of business practice, security and competition.

Analysis of recent research and publications. The legal regulation of the production and use of UAVs has been studied by such scholars as: O.M. Shershakov, M.A. Mykytyuk, V.V. Voronko, O.M. Hryhorov, V.M. Begma, L.M. Nevara, L.Y. Grekova, O.M. Striltsiv, H.A. Hryshchenko, A.Y. Kovalchuk, and others. However, almost all scientific publications on this topic are related to the production and use of UAVs in civil aviation or for the needs of the army and law enforcement agencies. The economic and legal aspect of the use of UAVs remains poorly understood.

Summary of the main material. The article is devoted to a comprehensive study of the problems and prospects of legal regulation of economic activities carried out with the use of unmanned aerial vehicles (UAVs) in Ukraine. The authors identifies the key features of an unmanned aerial vehicle from the perspective of economic and legal science: absence of a pilot on board, functional autonomy or remote control, the ability to perform economic (economic) tasks, availability of technical infrastructure and software which makes a UAV an infrastructure object of economic activity, as well as legal regulation of economic circulation which provides for certification, state control over dual use, special export/import regime and the need for a license to operate a UAV. It is found that a critical feature is restrictions on the use and zonal access, since airspace is an object of public law, and the rules of admission for UAVs differ significantly from manned aircraft. The authors substantiates the expediency of having a separate legal regime for UAVs in the economic sphere, which is due to the functional difference of UAVs from other objects of economic circulation (as a “hybrid object”), their risky nature which requires specific regulation (certification, registration, liability insurance, permitting procedures and cybersecurity regulation), as well as the investment and economic significance of UAVs, which requires ensuring a unified legal regime for ownership, sale, lease, pledge and investment. Potential risks associated with the introduction of a separate legal regime for UAVs are analyzed.

Conclusion. The legal regulation of economic activities involving the use of UAVs requires conceptual understanding, intersectoral coordination and gradual implementation of European approaches adapted to national realities. The expediency of creating a separate legal regime for UAVs in the business sector, given their functional difference, risky nature and economic significance, is beyond doubt. Such a regime should provide legal certainty, stimulate investment and innovation, and harmonize Ukrainian legislation with EU and international standards. However, its implementation requires a comprehensive approach that addresses potential risks such as regulatory fragmentation, excessive regulatory burden, overlapping regulatory powers, and a legal vacuum with respect to new technologies. The successful implementation of this process depends on alignment with the existing regulatory framework, regulatory flexibility, cooperation with business, and a phased implementation.