I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 26, 2023 No. 297

About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505 "About approval of Rules of investigation of aviation incidents and incidents in civil and experimental aviation"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505 "About approval of Rules of investigation of aviation incidents and incidents in civil and experimental aviation" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 15597) the following changes and amendments:

state heading in the following edition:

"About approval of Rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation";

"state preamble in the following edition:

"According to Item 7 of Article 92-1 and with Item 3 of article 93 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" I ORDER:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation";

in Rules of investigation of the aviation incidents and incidents in civil and experimental aviation approved by the specified order:

state heading in the following edition:

"Rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation";

state Item 1 in the following edition:

"1. These rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation (further – Rules) are developed according to Item 7 of Article 92-1 and with Item 3 of article 93 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft", and also standards and recommended practice of International Civil Aviation Organization (further – ICAO), determine procedure for conducting investigation of aviation incidents and incidents in civil and experimental aviation, and also requirements to system of data presentation about aviation events.";

state Item 2 in the following edition:

"2. The single purpose of investigation of aviation incident or incident is prevention of aviation incidents and incidents in the future. The purpose of these activities is not establishment of share of someone's fault or responsibility.";

state Item 3 in the following edition:

"3. Aviation incidents and incidents with the aircrafts of civil and experimental aviation registered in the State register of civil aircrafts of the Republic of Kazakhstan are investigated by the Commission on investigation of aviation incidents and incidents created by authority on investigation of authorized body in the field of civil aviation (further – the Commission).

Separate types of incidents which list is established by these rules are independently investigated by operators (the organizations of civil aviation) within safety management systems of flights. Such investigations are made according to the decision of authorized body in the field of civil aviation according to the procedure and the terms established by these rules. On investigation completion the final report is submitted operators (the organizations of civil aviation) in authority on investigation of authorized body in the field of civil aviation and authorized organization in the field of civil aviation.

The commission on investigation of aviation incident or incident is guided by the principles of objectivity and impartiality in case of the made investigation. For the purpose of independence of investigation the commission on investigation of aviation incident or incident is created taking into account exception of conflict of interest.

The commissions, according to the standards and recommendations stated in Annex 13 to the Convention on International Civil Aviation Organization (further – Appendix 13 to the Convention ICAO), independence in conducting investigation is provided.

Under the organization of investigations intervention in activities of the commission on investigation of aviation incidents or incidents from physical and (or) legal entities, other state bodies is not allowed, except the cases which are directly provided by the laws of the Republic of Kazakhstan. Access to all physical evidences is provided to the commission under the organization of investigations of aviation incidents and incidents without delay.";

in Item 5:

add with subitem 7-1) of the following content:

"7-1) aviation event – any event connected with use of the aircraft, providing and accomplishment of flight at any stage and also maintenance or its storage;";

13) to state the subitem in the following edition:

"13) the flight recorder (FDR, CVR) – any self-recording device established onboard the aircraft as additional source, data for conducting investigation of aviation incident or incident;";

add with subitem 23-1) of the following content:

"23-1) taxonomy of ADREP (Accident/Incident data reporting) – the classification system of aviation events which is part of the ICAO system on data presentation about aviation incidents and incidents, the code of the attributes and related values allowing to carry out the analysis of tendencies in the field of safety of flights on these events;";

subitems 27) to state 28) in the following edition:

"27) the representative for investigation – the official of authority on investigation who had initial training to whom the organization and conducting investigations of aviation incidents and incidents in the field of civil aviation as a part of the commission on investigation of aviation incident or incident are charged;

28) the authorized representative – person designated by authority on investigation owing to availability at it the corresponding qualification for participation in the investigation conducted by other state;";

add with the subitem 29) of the following content:

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