AIR CODE OF THE REPUBLIC OF TAJIKISTAN

of November 13, 2023 No. 1999

Accepted by the Resolution MH MOPT of June 21, 2023, No. 1033

Approved by the Resolution MM MORT of November 3, 2023, No. 421

This Code establishes organizational, legal and economic basis of use of airspace and implementation of activities in the field of aircraft for the purpose of requirements satisfaction of citizens and economy in airborne transportations and aviation works, safety of flights of aircrafts, and also safety and protection of interests of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Sovereignty concerning airspace of the Republic of Tajikistan

The Republic of Tajikistan has complete and exclusive sovereignty concerning airspace of the Republic of Tajikistan.

Article 2. Coverage of this Code

This Code is applied to the relations arising when using airspace of the Republic of Tajikistan (further - airspace) by physical persons or legal entities, or when implementing activities in the field of aircraft, including airborne transportations, and also when finding aircrafts of the Republic of Tajikistan outside the Republic of Tajikistan if other is not stipulated by the legislation the host country or international agreements.

Article 3. Basic concepts

In this Code the following basic concepts are used:

1) airfield - certain site terrestrial or surface of the water (including any buildings, constructions and the equipment), intended fully or partially for arrival, departure and movement on this surface of aircrafts;

2) the member of flight crew - the crew member having the certificate to whom the obligations connected with control of the aircraft during working flight hours are assigned;

3) baggage - the packed property of the passenger transported by the aircraft according to the established regulations;

4) the state program on safety of flights - the complex governed, measures and the approved action plans directed to increase in level of safety of flights;

5) aviation safety - protection of civil aviation against acts of illegal intervention by implementation of measures and attraction of human and material resources;

6) safety of flights - condition in case of which the risks connected with the aviation activities relating to operation of aircrafts or directly providing such operation are reduced to acceptable level and are controlled;

7) load - any property transported in accordance with the established procedure onboard the aircraft, except for mails, bortpripas and baggage (accompanied or sent);

8) hand luggage - the property of the passenger allowed according to the regulations established by carrier to transportation in inside of the aircraft;

9) the consignee - the physical person or legal entity authorized by the consignor for receipt of load in destination based on the agreement or other legal act;

10) the consignor - the physical person or legal entity operating according to the transportation agreement of load on its own behalf and (or) on behalf of the owner of the load specified in the air freight bill;

11) the air freight bill - the document containing data on load, intended for accounting and control of its movement, and confirming the transportation fact, including the conclusion of the contract between the consignor and carrier on cargo hauling;

12) dangerous goods - products or substances which are capable to create threat of life, to health, property of passengers, the safety of the aircraft and (or) the environment specified in the List of dangerous goods and given in technical instructions, or which are classified according to these instructions;

13) carrier - the operator who is performing airborne transportations of passengers, baggage, loads or mail, having the license for implementation of this type of activity in the field of aircraft according to the legislation of the Republic of Tajikistan;

14) internal airborne transportation - airborne transportation in case of which the point of departure, the destination and all Items of landings of the aircraft are located in the territory of the Republic of Tajikistan;

15) commercial air transportation - flight of the aircraft for transportation of passengers, loads or mail for a fee or on hiring;

16) the international airborne transportation - airborne transportation in case of which the point of departure and destination are located respectively in the territories of two states or in the territory of one state if the Item (Items) of landing to the territories of other state is provided;

17) regular transportations - the transportations performed along the established routes according to the approved schedules of movement;

18) transit transportations - transportation of passengers, baggage, loads and mail from one Item in another through intermediate point one carrier;

19) transfer transportations - transportations of the passenger and baggage from the point of departure in destination flights of one or several carriers with intermediate changes in transfer Item;

20) the operator - person, the organization or the company which are engaged in operation of aircrafts or offering services in this area;

21) the aircraft - any device supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from the land surface;

22) pilotless aircrafts - all types of devices, airplanes, helicopters which are carrying out flight without pilot (crew) onboard and managed remotely;

23) the air enterprise - the legal entity, irrespective of patterns of ownership, the implementation having main objectives of the activities for a fee airborne transportations of passengers, baggage, loads, mail and (or) accomplishment of aviation works;

24) aviation works - the works performed with use of aircrafts in the fields of agricultural industry, construction, environmental protection and also in the field of delivery of health care and other purposes;

25) the flight validity of the aircraft - technical condition of the aircraft which corresponds to the provided flight technical characteristics and provides to standard design its safe operation and flight quality;

26) pre-medical medical care - the emergency aid given to the needing passenger before provision of primary health care;

27) aviation rules - the regulatory legal acts establishing regulations of general nature and regulating procedure for the organization and implementation of activities in the field of aircraft;

28) rules of airborne transportations - the regulatory legal acts establishing the standard regulations regulating procedure for transportation of the passenger, baggage, load by the air enterprises;

29) the airfield - the land area, ice, construction surface, including surface of floating construction, or the water area intended for temporary or permanent take-off, landing or for take-off, landing, taxing and the parking of aircrafts;

30) the passenger - the physical person which signed the agreement of airborne transportation;

31) air transport - the mode of transport relating to civil aviation, and intended for transportation of passengers, baggage, load, mail and accomplishment of aviation works;

32) maintenance of aircrafts - complex of the actions directed to implementation of technical operation (maintenance, repair, control of technical condition, storage) of aircrafts according to the established requirements;

33) pilotless aviation system - the aircraft and the related elements which are operated without pilot onboard;

34) safety management system of flights - system approach to safety management of flights, including necessary organizational structure, hierarchy of responsibility, obligation, the guidelines and procedures;

35) single system of air traffic management - the system ensuring safety of use of airspace and acceptable level of safety of flights when servicing air traffic;

36) the commercial act - the document of certain form certifying circumstances which can be reason for property responsibility of carrier, the passenger, the consignor or the consignee;

37) the commander of the aircraft - the person designated by the operator (owner) of the aircraft, having the corresponding preparation and experience necessary for independent control of the aircraft of this type and in the cases established by this Code and Aviation rules of the Republic of Tajikistan, the corresponding pilot license;

38) task for flight - the document of certain form which establishes structure of crew on flight accomplishment;

39) marking of loads, baggage, hand luggage - drawing on load, baggage or hand luggage of symbols, the figures and signs bearing information on the receiver, rules of the address with load and its completeness, at the same time such texts can be applied on container or packaging also;

40) providing with aeronautical information - complex of actions for collection, the analysis, processing, the publication (display) and timely provision to the interested aviation personnel of the complete and reliable aeronautical data necessary for the organization and accomplishment of the flights, their servicing and directed to increase in safety of flights, quality and reliability of air navigation;

41) meteorological providing air navigation - complex of the organizational and technical actions aimed at safety and cost efficiency of flights by provision to the crews of aircrafts, the organizations of servicing of air traffic and other bodies connected with planning and ensuring flights, the meteorological information necessary for accomplishment of their functions;

42) radio engineering ensuring flights and aviation telecommunication - complex of the organizational and technical actions allocated for maintenance of objects and navigation aids, observations and bonds in permanent readiness for the purpose of provision of radar, radio navigational information and aviation telecommunication to users of airspace and the organizations of servicing of air traffic;

43) airspace - the space stretching up over terrestrial and surface of the water within frontiers;

44) the airport - the complex of constructions including the airfield, air terminal and other necessary constructions intended for acceptance and sending aircrafts, servicing of airborne transportations and having the necessary equipment, aviation personnel and other employees for these purposes;

45) the international airport - the airport determined by the state in the territory for acceptance and sending the aircrafts which are carrying out the international airborne transportations in which are performed customs, boundary, sanitary, quarantine (in transit animals and plants) and other control procedures;

46) route - in advance counted aircraft transit between initial and final Items;

47) aeronautical servicing - the servicing of users of airspace including servicing of air traffic, radio engineering ensuring flights and aviation telecommunication, provision of meteorological and aeronautical information at all stages of flight of the aircraft;

48) servicing of air traffic - flight and information servicing, the emergency notification, advisory servicing of air traffic, dispatching servicing of air traffic (district dispatching servicing, dispatching servicing of approach or airfield dispatching servicing) in appropriate cases.

Article 4. Air legislation of the Republic of Tajikistan

The air legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Chapter 2. The organization of activities in the field of aircraft

Article 5. State policy in the field of use of airspace and aircraft

State policy in the field of use of airspace and aircraft provides implementation of the cumulative legal, economic, technical, organizational and other measures directed on:

1) safety and rational use of airspace and aircraft;

2) development and implementation of the state target programs;

3) enhancement of activities of aircraft;

4) mutually beneficial cooperation with foreign states on use of airspace and aircraft.

Article 6. State regulation in the field of use of airspace

State regulation in the field of use of airspace is performed by the following bodies:

1) authorized state body in the field of the state aircraft - complete state regulation in the field of use of airspace;

2) authorized state body in the field of civil aviation - state regulation of activities in the field of use of the airspace allocated in accordance with the established procedure for flights of civil aviation (internal and international airways, local air-lines, areas of aviation works, civil airfields, seadromes and airfields);

3) the interdepartmental commission on use of airspace - general regulation of activities of state bodies for use of airspace.

Article 7. Competence of the Government of the Republic of Tajikistan in use of airspace and aircraft

Treat competence of the Government of the Republic of Tajikistan in use of airspace and aircraft:

1) development of the main directions of state policy in the field of use of airspace and aircraft;

2) creation of conditions for requirements satisfaction of economy and the population of the Republic of Tajikistan regarding use of airspace, aircraft and the related services;

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