Document Type : Original Article
Highlights
At the same time as the rapid growth of aviation, new problems have arisen for the lawyers of the world regarding issues related to aviation and especially aviation security, and governments and international assemblies have tried to formulate appropriate laws governing aviation law and unify them in cases such as related to the security of the airport, air facilities, aircraft and its passengers. The most important and the first right that is violated at the time of air accidents is the right to life of the passengers.
Regarding the background of the research, so far, articles have been written, each of which has dealt with the subject from an aspect. Seyyed Abbas Jazayeri and Amir Quaidi in their article entitled "Legal dimensions of responsibilities related to the crash of the Ukrainian plane" paid attention to the issue from the aspect of the criminal responsibility of the perpetrators of the accident and analyzed Article 54 of the Criminal Law of the Armed Forces. In their article entitled "Legal aspects of the air accident on January 8, 2020, related to flight number 752 of the Ukrainian airline company", Azam Amini and Vahid Bez have examined the international responsibility of the Iranian government regarding the incident in question, so the article in question from the aspect International law has paid attention to the issue. Mahshid Karbasi and Alireza Zahiri have analyzed the immunity rule of the government in their article entitled "The rule of immunity of governments and its confrontation with terrorism with an emphasis on the crash of the plane in Ukraine". As it is clear, in the articles in question, the civil responsibility of the government has not been discussed, while the discussion of compensation for damages is significant in terms of material and spiritual.
Air transportation, which forms the core and the main subject of air rights, has a superior position for two reasons. Firstly, air transportation is a public service and it is used not only internationally but also domestically as cargo, passenger and mail transportation. Secondly, air transportation has an international aspect, so that it has developed the political, commercial, social and cultural relations of countries.
International liability law is one of the main and fundamental branches of international law, which is closely related to other branches of international law. International liability law is a collection of international rules and regulations related to the issue of responsibility of governments and international organizations. Therefore, any issue that is somehow related to the issue of responsibility of governments and international organizations is raised in the law of international responsibility.
Article 10 of the Civil Aviation Law of Iran approved in 1328 has also specified this authority with similar literature. : "The General Administration of Civil Aviation can, in cases where public security or military reasons require it, with the approval of the Cabinet of Ministers, prohibit or limit the flight of Iranian or foreign aircraft over a part of the country's territory or restrict it to certain conditions." Therefore, from this point of view, it is not possible to consider any shortcoming, fault or responsibility towards the Iranian government, and Iran was autonomous regarding the air flight restrictions and could have made its own judgment in this regard.
In addition to the fact that the issue of the crash of the Ukrainian plane has provided the reasons for Iran's international responsibility, in terms of domestic law and especially administrative law, two issues of international responsibility of the government and the guilty government organizations can be discussed and investigated. .
Most of the articles of the Chicago Convention, especially its appendices 1, 6, 8, 14 and 18, as well as the compilation of standards and regulations and recommendations by ICAO, and in parallel with those internal laws and regulations, including the civil aviation law, the executive regulations of the certificate. aviation technical specialists and institutions related to the education and training of aviation specialists, the international standard regulations for the airworthiness of airplanes, the regulations for the construction, development, operation and management of civilian airports, as well as instructions and guidelines The regulations issued by civil aviation and other regulations that were mentioned earlier are all aimed at preventing air accidents and accidents, but if an accident or an air accident has occurred, then the Chicago Convention deals with air accidents at the international level. International Convention has authorized and handling air accidents and accidents if an accident occurs to one of the aircraft of a member country of the convention on the territory of another member country of the convention and causes death or injury, or if the aircraft or aviation equipment malfunctions. come in, the country where the incident happened, should know about the cause of the accident According to the principles that are recommended by the International Aviation Organization of a country and the laws of that country allow its implementation, he carried out research.
The downing of this plane is subject to the general rules and principles of international law regarding the international responsibility of governments, as well as the rules and regulations related to international aviation law, which often result from the legal rules contained in the Warsaw Convention, Chicago, Montreal and the Hague Protocol. . If an accident occurs while boarding or disembarking the plane that results in the injury or death of the passenger, if the conditions are complete and fulfilled, the Warsaw or Montreal Conventions on the harmonization of air transport regulations are applied. These conditions are: 1- International transportation;
2- The transportation is carried out by an air transport company and by plane;
3- Countries of origin and destination are members of the convention;
4- The carrier of the goods has been hired to transport the goods and passengers; If it is not an air transport company; 5- The accident caused death or bodily injury on the plane or while boarding or disembarking from the plane. Therefore, the provisions of this convention can be implemented when all the mentioned conditions are present, and it cannot be implemented in the absence of any of the mentioned provisions. Among the applications of the applicable law, the legal determination and definition of the event leading to loss; What is called in the language. The incident is not defined in the general "incident" provisions of the Convention and the interpretation of this matter is left to the international courts, but this assignment does not mean that the courts are free for this interpretation.
