ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 409

About approval of Rules of state registration of civil aircrafts of the Republic of Kazakhstan and the rights to them

According to Item 2 of article 45 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve the enclosed Rules of state registration of civil aircrafts of the Republic of Kazakhstan and the rights to them.

2. Recognize invalid some orders of the Minister of Transport and Communications of the Republic of Kazakhstan according to appendix to this order.

3. To provide to committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

4. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

5. This order becomes effective after twenty one calendar days after day of its first official publication.

It is approved Minister of information and communications of the Republic of Kazakhstan July 5, 2017

______________ D. Abayev

It is approved Minister of national economy of the Republic of Kazakhstan July 25, 2017

_________________ T. Suleymenov

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of June 30, 2017 No. 409

Rules of state registration of civil aircrafts of the Republic of Kazakhstan and rights to them

Chapter 1. General provisions

1. These rules of state registration of civil aircrafts of the Republic of Kazakhstan and the rights to them (further – Rules) are developed according to requirements of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services), determine procedure for state registration of civil aircrafts and the rights to them and rendering the state service "Issue of Certificates on State Registration of Civil Aircrafts of the Republic of Kazakhstan", and also the document forms certifying the rights to them.

2. These rules are applied also to the pilotless aviation systems which are subject to registration and accounting in authorized organization in the field of civil aviation.

3. The civil aircraft is registered in the State register of civil aircrafts of the Republic of Kazakhstan according to the request of his owner (owner) or his operator only under condition if:

1) the aircraft is not registered in other state;

2) owner or the operator of the aircraft is the physical person or legal entity of the Republic of Kazakhstan;

3) owner or the operator of the aircraft is not person included in the list of the organizations and faces tied with financing of distribution of weapons of mass destruction and (or) in the list of the organizations and faces tied with financing of terrorism and extremism according to the legislation of the Republic of Kazakhstan, except for the aircraft confiscated and (or) collected by a court decision;

4) the certificate of type or other similar document was issued or acknowledged valid authorized organization in the field of civil aviation;

5) calendar useful life of the aircrafts intended for transportation of goods (the term estimated from date of issue of the aircraft before day of registration) does not exceed twenty five years;

6) the resource of the aircraft intended for transportation of goods, estimated by quantity of cycles of flights and on hours no more than two thirds of part of the established factory resource (with official confirmation of manufacturer or design office);

7) availability of the equipment providing data transmission about condition and location of the board intended for transportation of goods by means of land and satellite channels.

The aircraft included in the State register of civil aircrafts of the Republic of Kazakhstan meets airworthiness standards of the civil aircrafts of the Republic of Kazakhstan approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 367 (it is registered in the Register of state registration of regulatory legal acts for No. 12038) (further – airworthiness standards) and requirements of operational technical documentation of manufacturer or design office determining the flight validity.

4. From the moment of entering into the State register of civil aircrafts of the Republic of Kazakhstan the civil aircraft acquires national identity of the Republic of Kazakhstan.

5. The certificate on state registration of the civil aircraft is onboard the aircraft.

6. The civil aircraft entered in the State register of civil aircrafts of the Republic of Kazakhstan is allowed to flights both in airspace of the Republic of Kazakhstan, and beyond its limits.

7. In these rules the following terms and determinations are used:

1) authorized organization in the field of civil aviation (further – authorized organization) – the joint-stock company with absolute participation of the state in the authorized capital performing the activities aimed at providing sustainable development of industry of civil aviation of the Republic of Kazakhstan, safety of flights and aviation safety;

2) the Certificate on state registration of the civil aircraft (further – the Certificate on state registration) – the document of the established sample issued by authorized organization (or authorized body in the field of civil aviation) and confirming entering of the civil aircraft into the State Register of civil aircrafts of the Republic of Kazakhstan;

3) aircraft deregistration – aircraft exception of the State register according to the written request of person for benefit of whom irrevocable power is issued;

4) the debtor – the operator or the owner of the aircraft who issued Irrevocable power;

5) the principle of "one statement" – the form of rendering the state service providing set of several state services rendered based on one statement;

6) the State Register of civil aircrafts of the Republic of Kazakhstan (further – the State register) – the document in which state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them is made;

7) irrevocable power – power of physical person or legal entity for benefit of which the right to impose requirements of exception of the State register (deregistration) and export of the aircraft according to the Protocol on aeronautical equipment to the Convention on the international guarantees concerning mobile equipment is granted;

8) the owner (owner) – physical person or legal entity of the Republic of Kazakhstan which possesses the aircraft on the property right or other legal causes;

9) the applicant – physical person or legal entity, being the owner (owner) or the operator of the civil aircraft;

10) the operator – the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

11) pilotless aviation system – the pilotless aircraft and the related elements (including the communication channels and components managing the pilotless aircraft) which are necessary for safe and effective operation of the pilotless aircraft in airspace;

12) the pilotless aircraft – the aircraft which is operated or is intended for autonomous work and (or) for remote control without pilot onboard;

13) the declaration of conformity – the document of single form by which execution and signing the applicant confirms individual responsibility for safe operation and compliance of pilotless aviation system to requirements of Rules of use of pilotless aviation systems in airspace of the Republic of Kazakhstan, approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of December 31, 2020 No. 706 (it is registered in the Register of state registration of regulatory legal acts No. 22031);

14) the registered international guarantee – the appropriate right of the creditor concerning the aircraft, record about which is included in the International register;

15) the authorized party – person for benefit of whom irrevocable power is issued;

16) the certificate of type – the document issued by authorized organization in the field of civil aviation, the international organization in the field of the civil aviation performing certification of aircrafts or foreign state for determination of design like the civil aircraft, the engine or the air screw and confirming design compliance to airworthiness standards;

17) the international register – the international service of registration created according to the Cape Town convention and the Aviation protocol for registration of the rights of creditors for aircrafts.

Chapter 2. Procedure for state registration of civil aircrafts of the Republic of Kazakhstan and rights to them

8. For receipt of certificates on state registration of the civil aircraft the applicant represents to authorized organization through the web portal of "the electronic government" (further – the portal) the request for state registration of the aircraft in form, according to appendix 1 to these rules and document package according to the list, stipulated in Item the 8th list of the main requirements to rendering the state service "Issue of Certificates on State Registration of Civil Aircrafts of the Republic of Kazakhstan" (further – the List of the main requirements to rendering the state service) according to appendix 2-1 to these rules.

The statement of check of technical condition of the aircraft represented with document package is drawn up in form, according to appendix 2 to these rules.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the List of the main requirements to rendering the state service.

9. In case of the address through the portal to the applicant the status about acceptance of request for rendering the state service with indication of date, the place of receipt of result of rendering the state service goes to "personal account".

10. In case of the address of the applicant after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, registration of the request on rendering the state service is performed the next working afternoon.

10-1. The term of consideration of the request and issue of certificates on state registration of civil aircrafts of the Republic of Kazakhstan constitutes 20 (twenty) working days.

At the choice of uslugopoluchatel:

the state service "Issue of Certificates on State Registration of Civil Aircrafts of the Republic of Kazakhstan" is rendered by the principle of "one statement" in total with the state services "Issue of the Certificate of the Aircraft on Noise" and (or) "Issue of Permission to Use of the Radio-transmitting Equipment" (further – service in the principle of "one statement").

The term of rendering service in the principle of "one statement" constitutes 25 working days, from them:

the term of issue of certificates on state registration of civil aircrafts of the Republic of Kazakhstan constitutes 20 (twenty) working days;

the term of issue of the certificate of the aircraft on noise and (or) constitutes issues of permission to use of the radio-transmitting equipment 5 (five) working days;

the state services "Issue of the Certificate of the Aircraft on Noise" and "Issue of Permission to Use of the Radio-transmitting Equipment" appear separately, according to the Rules of certification and issue of the certificate of the flight validity of the civil aircraft of the Republic of Kazakhstan approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 198 (it is registered in the Register of state registration of regulatory legal acts for No. 12073).

10-2. The authorized organization performs document registration, in day of their receipt.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info