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Eskandari A K. Violation of civil aviation regulations in Afghanistan criminal law. SRQJL 2024; 1 (2) :24-45
URL: http://srqjl.knu.edu.af/article-1-30-en.html

The plane and the flight with it, while bringing prosperity and comfort in travel, have always been associated with anxiety and worry. Among the types of aircraft, the civil aircraft, as a vehicle whose most important feature is speed, has gained a unique position in the transportation of goods and passengers and has been able to attract the attention of the aviation industry as one of the main axes of economic development in the world. The concern of countries and international organizations regarding the provision and maintenance of aircraft flight safety and its immunity has been expressed in the form of approving domestic laws and regulations and international conventions. In the field of internal law in Afghanistan, there are many laws. Such as the regulation of the General Administration of Civil Aviation (1363), the regulation of the duties and implementation of the Ministry of Civil Aviation (1367), and the law of civil aviation to regulate air transportation (1391) have been approved to regulate and maintain the security of the aviation system. The mentioned laws have provided significant measures and regulations for the management and safety of civil aircraft flights, but the guarantee of the implementation of these regulations has been referred to as a special law (penal law). Some provisions related to flight safety, air transportation, compliance with air territory, and prevention of flight violations and violations of the rules governing air transportation were provided in a scattered manner in the Criminal Law (1355), but the Afghan legislature, specifically in the Criminal Code, regarding the preservation In line with international documents, aviation security has allocated an independent chapter under civil aviation violations and has determined and approved the punishment of natural persons and a sentence that violates civil aviation laws