THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP, THE MINISTRY OF TRANSPORT OF UKRAINE

of November 26, 2001 No. 139/821

About approval of Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, loads by air transport

According to article 8 of the Law of Ukraine "About licensing of certain types of economic activity", the resolution of the Cabinet of Ministers of Ukraine of 14.11.2000 N 1698 "About approval of the list of bodies of licensing"

WE ORDER:

1. Claim Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, loads by air transport (further - Licensed conditions) that are applied.

2. To head department of registration and licensing (Efremov O. V.), to Management of interstate agreements and air transportation of Ukraviatrans (Kochubey M. V.) in accordance with the established procedure to provide provision of Licensed conditions on state registration in the Ministry of Justice of Ukraine.

3. To Ukraviatrans (Kochubey M. V.) to provide to management of interstate agreements and air transportation the publication of Licensed conditions in mass media.

4. To impose control of execution of this order on the vice-chairman Gospredprinimatelstva of Ukraine S. I. Tretyakov and the First deputy director of Ukraviatrans V. A. Polishchuk.

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the Ministry of transport of Ukraine

Licensed conditions of implementation of economic activity on provision of services on transportation of passengers, loads by air transport

1. General provisions

1.1. These Licensed conditions are developed according to the Law of Ukraine "About licensing of certain types of economic activity", the Air code of Ukraine, the laws of Ukraine "About transportation of dangerous goods", "About transport", "About insurance", other acts of the legislation.

1.2. Realization of state policy in the field of licensing of activities for provision of services on transportation of passengers, loads by air transport perform the State committee of Ukraine concerning regulatory policy and entrepreneurship which is specially authorized body concerning licensing, and the Ministry of transport of Ukraine through State department of the air transportation as body of licensing.

1.3. Licensed conditions establish qualification, organizational, production and other requirements concerning implementation of activities for provision of services on transportation of passengers, loads by air transport.

1.4. Licensed conditions are obligatory for accomplishment by the subjects of housekeeping providing services in transportation of passengers, loads by air transport.

1.5. The subject of housekeeping shall receive the corresponding license which is the single document of allowing nature from body of licensing and confirms the right of the subject of housekeeping to implementation of economic activity on provision of services on transportation of passengers, loads by air transport, prior to provision of services or before the termination of effective period of the previous license. Effective period of the license constitutes three years.

1.6. Licenses are granted on implementation of economic activity on provision of services on transportation of passengers, loads by air transport. Economic activity on provision of services on transportation of passengers, loads by air transport includes such types of service:

- provision of services on transportation of passengers by air transport (accomplishment of regular and/or charter flights);

- provision of services on transportation of goods by air transport (accomplishment of regular and/or charter flights).

2. Requirements concerning implementation of economic activity for provision of services on transportation of passengers, loads by air transport

2.1. Qualification requirements

The subject of housekeeping shall meet qualification requirements according to the Rules of certification of operators approved by the order of Ministry of Transport of 29.05.98 of N204 and registered in the Ministry of Justice of Ukraine of 09.09.98 for N552/2992 (further - Rules of certification of operators) and to have the Program for training of personnel, the Management for accomplishment of flights, the Management for accomplishment of maintenance of the aircraft equipment approved with Ukraviatrans and approved by the operator's head.

2.2. Organizational requirements

The subject of housekeeping shall have the services staffed according to the staff list by specialists of the special preparation necessary for implementation of engineering procedures of productive activity in the field of flight, technical operation, aviation works and airborne transportations according to the requirements established in civil aviation, and the having such types of providing: legal, financial and economic, material, flight operation, engineering and aviation, air traffic control, mate, aeronautical, meteorological, airfield, commercial, insurance, aviation safety, regime, medical, production management, search and rescue, fire-proof; border, customs and sanitary and epidemiologic control (in case of accomplishment of the international flights) according to Rules of certification of operators.

In case of provision of services on transportation of passengers, loads by air transport the subject of housekeeping shall observe the Law of Ukraine "About transportation of dangerous goods", have the prepared personnel for these activities. The actionee of requirements for safety of flights designates the head or separately designated official at the level of the deputy manager (in coordination with Ukraviatrans).

2.3. Production requirements

The subject of housekeeping shall observe accomplishment of the Management on accomplishment of flights, Managements concerning regulation of maintenance, the Program of safety of flights, the Programs for training of personnel, the Program for aviation safety approved with Ukraviatrans and approved by the operator.

2.4. Other requirements obligatory for accomplishment when implementing economic activity on provision of services on transportation of passengers, loads by air transport

The business entities providing services in transportation of passengers, loads by air transport shall meet such requirements:

2.4.1. Have the existing air operator certificate according to article 5 of the Air code of Ukraine.

2.4.2. Satisfy conditions according to intergovernmental agreements about air traffic, information on which is provided by State department of the air transportation.

2.4.3. For regular transportations of passengers, loads on specific international air-line to have the corresponding appointment to this line and to satisfy conditions and requirements of the Regulations on the appointed airline from Ukraine on operation of the international air-line, Ministry of Transport approved by the order of 23.06.99 of N 327, and registered in the Ministry of Justice of Ukraine 05.07.99 for N 440/3733.

The international air-line on which the subject of housekeeping was given assignment is specified in the license.

2.4.4. Carry out charter flights according to requirements of the Air code of Ukraine and Rules of accomplishment of the charter flights approved by the order of Ministry of Transport of 18.05.2001 of N 297, and registered in the Ministry of Justice of Ukraine 30.05.2001 for N 461/5652.

In case of accomplishment of the international charter flights in the license the international air-lines for accomplishment of charter flights to Ukraine or from Ukraine are specified.

2.4.5. Implementation of charter flights concerning transportation of passengers, loads on air-lines where regular flights are performed, is subject to state regulation from Ukraviatrans (the resolution of the Cabinet of Ministers of Ukraine of 29.03.2000 N573 "About Formation of State Department of the Air Transportation", the Rules of accomplishment of charter flights approved by the order of Ministry of Transport of 18.05.2001 of N297 and registered in the Ministry of Justice of Ukraine 30.05.2001 for N461/5652).

2.4.6. Provide the level of service of passengers during flight, follow the schedule of movement approved by Ukraviatrans in case of accomplishment of regular flights according to Rules of certification of operators.

2.4.7. Use the aircrafts specified in special operational provisions to the air operator certificate and having the existing Certificates of flight suitability issued according to the Rules of issue of Certificates of flight suitability of civil aircrafts of Ukraine approved by the order of Ministry of Transport of 07.09.99 of N435 and registered in the Ministry of Justice of Ukraine 22.09.99 for N638/3931, and Certificates of flight suitability concerning noise on the area issued according to the Rules of issue of Certificates of flight suitability concerning noise on the area of civil aircrafts of Ukraine approved by the order of Ministry of Transport of 06.09.99 of N432 and registered in the Ministry of Justice of Ukraine of 22.09.99 for N636/3929.

2.4.8. Provide the standardized level of aviation safety meeting the requirements established by the state concerning protection of civil aviation against acts of illegal intervention, other illegal infringement of activities of aircraft (the Section XIII of the Air code of Ukraine).

2.4.9. In case of aviation event to inform Ukraviatrans in the procedure established by the legislation or according to item 6.8 of Rules of certification of operators.

2.4.10. Provide compulsory aviation insurance of civil aviation according to the Law of Ukraine "About insurance". Accomplishment of transportations of passengers, loads by air transport in the presence of debt on payment of insurance payments according to the signed insurance contracts is forbidden.

2.4.11. Perform the works concerning ensuring aviation safety and safety of flights, specified in the existing regulatory legal acts in the field of civil aviation according to Articles 71, 82 Air codes of Ukraine.

2.4.12. Not carry out flights: in the airports in regions where sanctions of the UN are imposed; to the countries and the airports prohibited for flights by decisions of the Cabinet of Ministers of Ukraine.

2.4.13. Not use aircrafts for the purpose of transportation of smuggled goods and illegal migrants.

2.4.14. Not transport in/from Ukraine the military equipment or materials intended for military requirements, dangerous goods without special permission (The law of Ukraine "About transportation of dangerous goods", article 63 of the Air code of Ukraine, the resolution of the Cabinet of Ministers of Ukraine of 12.07.99 of N1228 "About Provision to Subjects of Foreign Economic Activity of Powers on the Right of Implementation of Export, Military Commodity Import and the Goods Containing the Data Which Are the State Secret").

2.4.15. Not carry out flights on aircrafts with the take-off weight exceeding specified in special operational provisions to the air operator certificate.

2.4.16. Not carry out flights on aircrafts with the changed configuration, configuration without entering of corresponding changes into certified documents of business entity and approval of Ukraviatrans.

2.4.17. Submit to Ukraviatrans monthly reports concerning the executed transportations in the established form approved according to established procedure and data on raid (quarterly), according to Rules of certification of operators.

2.4.18. To timely list in the State specialized fund of financing of nation-wide expenses on aviation activities and participation of Ukraine in the international aviation organizations the state charges according to the resolution of the Cabinet of Ministers of Ukraine of 16.06.98 of N889 "About Modification and Amendments in the Resolution of the Cabinet of Ministers of Ukraine of September 28, 1993 N 819".

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