Unlawful Act and Aviation Security
Understanding aviation security compliance begins with two concepts. For the purposes of the Code, an unlawful act is an act directed against civil aviation, committed by one or more persons, provided for by the Criminal Code of Georgia. Aviation security is the protection of civil aviation against unlawful acts, achieved by a complex of measures and a combination of human and material resources — security is thus not a single measure but a system.
International Obligations
ICAO membership carries one further consequence: the obligation to introduce recommended practice. The requirements of the conventions represent a minimum, while the recommendations a direction; the state is obliged to implement measures for their introduction. For an organization this means that fulfilling obligations alone is not enough — recommended practice is the sphere where it is possible to advance.
The practical significance of the international framework lies in its creating a measure of assessment: where a national programme diverges from the requirements of the conventions, that gap weakens the organization's position; where the national programme exceeds those requirements, an even higher level is secured. ICAO membership is thus not a formal but a substantive factor.
Georgia, as a member state of the International Civil Aviation Organization (ICAO), is obliged to fulfil the requirements of the Tokyo Convention of 1963, the Hague Convention of 1970, the Montreal Convention of 1971, the Protocol supplementing the Montreal Convention, and the Montreal Convention of 1991, and to implement measures for introducing recommended practice — this framework links the national system to international standards. The Tokyo Convention concerns crimes committed on board, the Hague one hijacking, the Montreal one unlawful acts against security, and the 1991 Convention the marking of plastic explosives; together they bound the national programmes.
State Programmes and Supervision
The distinction between the two state programmes must be understood: the protection programme describes the measures by which the state protects aviation against unlawful acts; the quality-control programme — how it supervises the effectiveness of those measures. The first is the content, the second the measure; together they form a full cycle, and for an organization this means compliance is assessed under both programmes — the existence of a measure is not enough if its effectiveness is not measured.
The state programme for securing protection against unlawful acts secures the effectiveness of security for aviation enterprises registered in Georgia and for foreign enterprises conducting civil aviation activity on its territory, through the application of international standards, recommended practice and corresponding procedures; it is approved by the Government. The state programme for controlling the quality of aviation security carries the aim of securing a high level in the state and is likewise approved by the Government. The training programme governs the selection and training of aviation security personnel and of the persons who need such training for official duties — it is developed and approved by the agency.
The Supervisory Authority and the Inspector's Powers
The subject of supervision is also defined: the agency provides supervision over civil aviation security and exercises control of the quality of aviation security of persons ensuring the operation of aerodromes, of exploitants (air carriers) of aircraft registered in Georgia, and of legal entities registered in Georgia and foreign legal entities conducting activity in Georgia — those responsible for various aspects of security. The conclusion for an organization: supervision is not confined to the airport — it reaches every exploitant and every connected legal entity.
The instruments of inspection are likewise established: to verify compliance with the requirements of normative acts in the sphere of civil aviation security, the flight safety inspector — in addition to the rights granted by the Code — may, in the performance of official duties, bring into the controlled and restricted-access guarded zones of the airport the necessary devices, including radio communication, photo, video and audio equipment, and also articles prohibited for carriage on board an aircraft, in particular imitation weapons and imitation explosive devices. An inspection is thus a real test of the system — its ability to react to the detection of a prohibited article.
Aircraft in Distress and Missing Aircraft
The Code also defines two special statuses. An aircraft is considered to be in distress when it and the passengers on board are under a direct threat which the crew cannot avert. An aircraft is considered missing if it was significantly damaged or completely destroyed during take-off, flight, landing or a crash, and also if radio contact with it has been lost and its location is unknown. Search is declared for a missing aircraft and the passengers on board, for the purpose of their rescue — through this norm the security system is connected with search-and-rescue operations as well.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What is an unlawful act?
An act directed against civil aviation, committed by one or more persons and provided for by the Criminal Code.
Who approves the state programmes?
The Government of Georgia — both the protection and the quality-control programmes; the training programme is developed and approved by the agency.
Who exercises supervision in the security sphere?
The agency — through quality control of aerodrome operators, air carriers and connected legal entities.
Which conventions bind Georgia?
The Tokyo 1963, Hague 1970, Montreal 1971 and 1991 conventions and the supplementary protocol.
When is an aircraft considered to be in distress?
When it and its passengers are under a direct threat the crew cannot avert; a significantly damaged, destroyed or unlocated aircraft is missing, and search is declared for it.
How We Help on Legal.ge
Aviation security compliance is a daily field of work for an aviation enterprise: implementing programmes, training personnel and supervisory requirements are woven into one system. On Legal.ge you can consult an aviation-law lawyer who will assess your organization's compliance, help implement the programmes and protect your interests in supervisory disputes. Submit a request on the site and get qualified assistance.