ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 19, 2022 No. 411

About features of state registration of the flights of civil aircrafts intended for accomplishment in the state register of civil aircrafts of the Russian Federation and state registration of the rights to aircrafts and transactions with them

According to Item 2 of part 1 of article 11 of the Federal Law of March 14, 2022 "About introduction of amendments to the Air code of the Russian Federation and separate legal acts of the Russian Federation" the Government of the Russian Federation decides No. 56-FZ:

1. Establish in 2022 - 2026 the following features of state registration in the State register of civil aircrafts of the Russian Federation (further - the Register) and state registration of the rights to civil aircrafts and transactions with them in the Unified State Register of Rights on aircrafts (further - state registration of the rights to civil aircrafts) concerning the civil aircrafts belonging on the property right to the Russian legal entities or physical persons and registered in registers of civil aircrafts of the foreign states included including in the list of foreign states and the territories, making concerning the Russian Federation, the Russian legal entities and physical persons unfriendly actions, No. 430-r approved by the order of the Government of the Russian Federation of March 5, 2022 (further - the list), civil aircrafts, to lessors (lessors) of the foreign states entering the list, the civil aircrafts belonging on the property right to lessors (lessors) of the foreign states entering the list, who are economic societies concerning which the legal entities registered in the Russian Federation whose share of the Russian Federation in the authorized capital exceeds 50 percent have the right directly or indirectly (through persons under control to them) to dispose owing to participation in controlled organization and (or) based on property trust management agreements, and (or) particular partnership, and (or) the order, and (or) the shareholders' agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of controlled organization used by the Russian leasing recipients (lessees) and belonging on the property right or other legal cause In 50 and more percent of votes in the supreme body of management of controlled organization or the right to appoint (to elect) sole executive body and (or) 50 and more percent of structure of collegiate organ of management of controlled organization (further - lessors (lessors) of foreign states), and also civil aircrafts, the property rights to which are acquired after March 12, 2022 by the foreign economic societies registered in the foreign states entering the list concerning which the legal entities registered in the Russian Federation whose share of the Russian Federation in the authorized capital exceeds 50 percent have the right directly or indirectly (through persons under control to them) to dispose owing to participation in controlled organization and (or) based on property trust management agreements, and (or) particular partnership, and (or) the order, and (or) the shareholders' agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of controlled organization, 50 and more percent of votes in the supreme body of management of controlled organization or the right to appoint (to elect) sole executive body and (or) 50 and more percent of structure of collegiate organ of management of controlled organization (further - foreign economic society):

a) reception of applications and the documents necessary for state registration of civil aircrafts in the Register, and also for state registration of the rights to civil aircrafts (further - the statement and necessary documents), is performed in case of their receipt from the Russian leasing recipients (lessees) of civil aircrafts, from the Russian legal entities or physical persons who possess on the property right the civil aircrafts registered in registers of civil aircrafts of the foreign states included including in the list and also from lessors (lessors) of foreign states and foreign economic societies or from the Russian legal entities, being controlling faces of lessors (lessors) of foreign states or foreign economic societies and the obligations recognized by their main economic societies according to Rules of execution in 2022 - 2024 on payment of lease, leasing and other payments within implementation of the agreements providing acquisition, lease, leasing of aircrafts, auxiliary power plants, aviation engines before the foreign persons connected with foreign states which make concerning the Russian Federation of the Russian legal entities and physical persons unfriendly actions (including if such foreign persons have nationality of these states, the place of their registration, the place of preferential conducting economic activity by them or the place of preferential extraction by them of profit on activities are these states), and the being economic societies, in cases, provided by the subitem "an" of Item 2 of the Presidential decree of the Russian Federation of April 1, 2022 No. 179 "About temporary procedure for execution of the financial liabilities in the field of transport before some foreign creditors" approved by the order of the Government of the Russian Federation of April 11, 2022 No. 635 "About procedure for obligation fulfillment provided by Items 1 and 2 of the Presidential decree of the Russian Federation of April 1, 2022 No. 179 "About temporary procedure for execution of financial liabilities in the field of transport before some foreign creditors" (further - the applicant), by means of the personal address or the mailing or their provision in the form of electronic documents and (or) electronic images of the documents signed by the strengthened qualified digital signature in accordance with the legislation of the Russian Federation with use of information and telecommunication networks public, including Internet networks, by means of the single portal of the state and municipal services (functions), either the official site of Federal Air Transport Agency, or other information technologies of interaction with body of state registration of the rights to aircrafts;

b) applicants, except for the Russian legal entities or physical persons which possess on the property right the civil aircrafts registered in registers of civil aircrafts of the foreign states included in the list and foreign economic societies for state registration of civil aircrafts in the Register provide copies of agreements of finance lease (leasing), lease agreements concerning civil aircrafts without submission of the documents confirming the property right to such aircrafts;

(1)) the applicants who are lessors (lessors) of foreign states for state registration of the rights to civil aircrafts provide the originals of agreements of finance lease (leasing), lease agreements of civil aircrafts or the copy of such agreements certified by the notaries or other officials authorized on making of notarial actions according to requirements of Bases of the legislation of the Russian Federation about notariate, and the documents confirming full names of such applicants with indication of their location or verified copies of such documents with appendix of transfer into Russian which fidelity shall be certified in the procedure established by the legislation of the Russian Federation;

(2)) the applicants who are foreign economic societies for state registration of the rights to civil aircrafts provide originals of the documents confirming emergence of the property rights to civil aircrafts, or the copies of such documents certified by the notaries or other officials authorized on making of notarial actions according to requirements of Bases of the legislation of the Russian Federation about notariate, and the documents confirming full names of such applicants with indication of their location or verified copies of such documents with appendix of transfer into Russian which fidelity shall be certified in the procedure established by the legislation of the Russian Federation;

(3)) for office use;

c) entering of the piloted civil aircrafts into the Register is performed without provision of the document confirming exception of the civil aircraft of the register of civil aircrafts of foreign state on condition of provision by the applicant of the information notification (letter) of competent authority of this foreign state on the termination or suspension of action of the certificate of the flight validity concerning the civil aircraft in connection with the unfriendly and contradicting international law actions of foreign states and the international organizations connected with introduction of rationing arrangements concerning citizens of the Russian Federation and the Russian legal entities;

in (1)) introduction of the pilotless civil aircrafts with the maximum take-off weight more than 30 kilograms imported on the territory of the Russian Federation (further - the pilotless aircraft), in the Register is performed based on the information notification (letter) of the manufacturer of the pilotless aircraft that the pilotless aircraft is not subject to state registration in foreign state in which this pilotless aircraft, and also based on the information notification (letter) of the owner of the pilotless aircraft that the pilotless aircraft was not in operation before import to the territory of the Russian Federation is made;

in (2)) for office use;

d) consideration of the applications and necessary documents, decision making about entering of civil aircrafts into the Register or about refusal in entering of civil aircrafts into the Register is performed in time, not exceeding 5 working days from the date of filing of applications and necessary documents;

e) the applicant is informed on the decision accepted according to the subitem "g" of Item 1 of this resolution by results of consideration of the applications and necessary documents to the e-mail address specified in the statement, without delay, but no later than 24 hours from the moment of adoption of such decision;

e) reservation of the state and registration identification marks according to the address of the applicant planning entering of the civil aircraft into the Register, provision of information on reservation of the state and registration identification marks, and also 24-bit address code to the applicant are performed within 3 working days from the date of submission of such address.

1(1). For office use.

1(2). For office use.

2. This resolution becomes effective from the date of its official publication.

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