The Personality of the Violator of Air Traffic and Air Transport Operations’ Safety Rules: An Integrated Portrait

Author:

Mitrofanova Alyona1,Kuzakov Dmitry2

Affiliation:

1. Eastern Siberian Branch of the Russian State University of Justice

2. Irkutsk Regional Court

Abstract

There is currently no research of the personality the violator of air traffic and air transport operations’ rules (Art. 263 of the CC of the RF) that is based on actual empirical data. Such a personality description will improve the effectiveness of investigating this type of crimes and will contribute to their prevention and the prevention of air traffic accidents in general. The authors of the article studied the materials of criminal cases, reports of the Interstate Aviation Committee on the results of investigating air accidents, and specialist literature, conducted a survey of pilots and candidates who want to study this specialty, analyzed biophysiological, social-demographic, social role and moral-psychological characteristics (traits, features, connections between them) typical of the subjects of crimes under consideration. The conducted research allowed the authors to establish that a typical violator of air traffic and air transport operations’ safety rules is a male with necessary training and sufficient professional experience, having a valid certificate of an aviation specialist who passed the examination by a medical-flight expert commission. Based on the social role and moral-psychological qualities, two types of subjects of the analyzed crimes are singled out: first, aviation specialists (mostly pilots) who generally observe the requirements and never violated safety rules earlier but who, due to a number of reasons, often psychological ones (high anxiety level, lower resistance to interfe­rence, unfocused attention, tiredness, etc.) could not cope with an emergency during a flight; second, aviation specialists who intentionally violate air traffic and air transport operations’ safety rules (specifically through neglecting rules, underestimation of danger, excessive self-confidence, excessive risk-taking, etc.) as they believe that publicly dangerous consequences of their actions (inaction) will not happen or could be prevented thanks to their «flying skills», professional experience (negligent guilt is in such cases manifested by carelessness or thoughtlessness, correspondingly).

Publisher

Baikal State University

Subject

Law,Sociology and Political Science

Reference28 articles.

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5. Eminov V.E. Criminalistic Characteristics of Criminal Violations of Flight Safety and Air Transport Operation Rules. Topical Problems of Solving Crimes. Collected Papers. Moscow, 1985, pp. 39–50. (In Russian).

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