Problems of law enforcement in the field of the use of unmanned aircraft systems: administrative aspects
Year: 2026
Type: article
Abstract: The subject of the study is the problems and contradictions in the law enforcement practice regarding the use of unmanned aircraft systems (UAS) in the Russian Federation. The work focuses on analyzing the discrepancy between the reality of the widespread application of UAS and the capacity of the domestic legal system to effectively regulate the emerging public relations and ensure the rule of law in this area. The purpose of the article is to confirm the scientific hypothesis about the existence of a systemic crisis in the adaptation of law enforcement mechanisms to the technological challenge posed by UAS. The research is based on a combination of general scientific and specific scientific methods. The authors apply methods of systemic and formal legal analysis to examine current regulatory legal acts. The comparative legal method is used to contrast Russian approaches with the issues discussed in international and foreign scientific literature. The method of analyzing judicial practice allows for identifying specific gaps and conflicts. The predictive method is employed to formulate proposals for improving the legal and organizational mechanisms. The conducted research has identified and analyzed a complex of interrelated law enforcement problems in the sphere of UAS: The existing rules fail to account for the ubiquity and technological specifics of unmanned aerial vehicles, creating excessive administrative burden and legal conflicts; The absence of a legislatively mandated algorithm for inter-agency interaction paralyzes the operational response to incidents. The practical impossibility of establishing a specific UAS operator at the moment of violation due to the lack of a universal real-time remote identification system, which nullifies the preventive function of administrative liability; The existing supervisory measures are reactive and sporadic in nature and are not designed for the mass, potentially avalanche-like nature of violations possible with the commercial use of UAS (delivery, air taxi); The study acknowledges the existence of serious challenges in the areas of UAS cyber security, privacy protection, ethics of use. The research objective can be considered achieved. The hypothesis of a systemic law enforcement crisis is confirmed. A transformation of the very approach to risk management in a high-tech environment is required. As a basis for overcoming the crisis, a comprehensive program of systemic changes is proposed, including: creating a digital control infrastructure, specializing control and supervisory activities, improving administrative practice, and forming a system of inter-agency interaction. Only such a systemic transition from a model of retrospective liability to a model of predictive and procedurally ensured risk management will make it possible to create a real, rather than declarative, legal order in the era of unmanned aviation.
Source: Law Enforcement Review
Authors: A. V. Malko, D. A. Lipinsky, A. A. Ivanov
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7214995658