ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2003 No. 106

About approval of some regulatory legal acts in the field of civil aviation

List of amending documents

According to the Law of the Republic of Kazakhstan of December 15, 2001 "About state regulation of civil aviation", and also for the purpose of further enhancement of the legislation in the field of state regulation of civil aviation the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of state registration of civil aircrafts of the Republic of Kazakhstan, rights to them and transactions with them;

2) Rules of certification of operators of civil aircrafts and the services rendered by them;

3) It is excluded

4) Rules of certification in the field of extralight aircraft.

2. This resolution becomes effective from the date of signing and is subject to publication.

 

Approved by the order of the Government of the Republic of Kazakhstan of January 30, 2003 No. 106

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

1. General provisions

1. These rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them (further - Rules) are developed according to requirements of the Law of the Republic of Kazakhstan of December 20, 1995 "About use of airspace and activities of aircraft of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan of December 15, 2001 "About state regulation of civil aviation" and other regulatory legal acts taking into account the corresponding international treaties which participant is the Republic of Kazakhstan.

Rules determine procedure for state registration and maintaining the State register of civil aircrafts of the Republic of Kazakhstan (further - the Register), the rights to them and transactions with them, issue of the certificate on state registration of civil aircrafts, the rights to them and transactions with them (further - the Certificate), the being document certifying that the aircraft is entered in the Register. The certificate is ship's papers.

Rules are applied also to aircrafts of extralight aircraft.

2. All civil aircrafts of the Republic of Kazakhstan, and also the right to the them and transactions made with them are subject to state registration.

Also change and the termination of the rights (encumbrances) to civil aircrafts as a result of transactions and other dispositive facts are subject to registration.

3. All documents provided in authorized body according to these rules are subject to storage during all useful life of the civil aircraft.

4. Documents on registration of civil aircrafts, replacement of Certificates, issue of duplicates of Certificates, on issue of Certificates on exception of the civil aircraft of the Register are stored before the expiration of one year after write-off of the civil aircraft. After one year after write-off documents are destroyed in accordance with the established procedure.

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

5. State registration of the civil aircraft is performed only in the presence of the Certificate of the flight validity, the Certificate like the civil aircraft issued by authorized body or relevant organ of other state and recognized valid in the Republic of Kazakhstan.

6. The owner or the operator of the civil aircraft for its state registration submits to authorized body the application with appendix of the relevant documents.

7. The list of the documents submitted for state registration of civil aircrafts is established by authorized body.

8. State registration of civil aircrafts is made no later than 15 working days from the date of filing of application with appendix of necessary documents.

9. In case of representation of incomplete document package the authorized body returns documents to the applicant with indication of return reasons.

10. In case of elimination of the shortcomings revealed by authorized body the applicant can repeatedly address to authorized body for state registration of the civil aircraft. At the same time payment of collection for state registration is not required.

11. The means received for state registration of civil aircrafts are transferred into the republican budget.

3. Procedure for maintaining Register

12. Maintaining the Register is performed by authorized body.

13. Foreign civil aircrafts, and also data on the rights to them and transactions with them are entered in the Register only after their exception of the register of aircrafts of foreign state.

14. If the civil aircraft has the mode S of the secondary survey radar, then in case of registration the bit address of the aircraft is appropriated to it 24th.

15. The civil aircraft entered in the Register is allowed to flights both in airspace of the Republic of Kazakhstan, and beyond its limits.

16. The civil aircraft is excluded from the Register in cases:

1) write-offs or removals of the civil aircraft from operation, destruction of the civil aircraft and impossibility of its recovery or loss without message if its searches are stopped;

2) sales or transfers of the civil aircraft in accordance with the established procedure to foreign state, foreign legal entity or physical person;

3) transfer of the civil aircraft in category state or experimental;

4) in other cases provided by procedures of registration of aircrafts.

17. For exception of the civil aircraft of the Register, the owner or the owner submits to authorized body the application with appendix of the relevant documents.

The list of the documents submitted for exception of the civil aircraft of the Register is determined by authorized body.

18. The certificate of the civil aircraft excluded from the Register, and also all records made concerning this vessel in the Register lose force and in ten-day time from the moment of exception of the Register are subject to return to authorized body.

4. Procedure for issue of the Certificate

19. Based on the submitted documents the authorized body enters the civil aircraft in the Register and grants the Certificate (appendix) and depending on appointment one of the following names is appropriated to the civil aircraft:

1) passenger;

2) transport;

3) convertible;

4) passenger-and-freight;

5) special application;

6) sanitary;

7) educational.

20. The certificate during execution of flights shall be onboard the civil aircraft. Replacement of onboard documents for copies is not allowed.

21. Corresponding changes in cases are made to the section of the Certificate "Marks about Transfer of the Civil Aircraft":

If the property right or other right to the civil aircraft entered in the Register and also encumbrances to this right pass 1) to other legal entity or physical person;

2) in case of change of the operator of the civil aircraft.

22. For modification of the Certificate of authorized body the application with the relevant documents is submitted. The list of the relevant documents for modification of the Certificate affirms authorized body.

23. The term of consideration of the application about modification of the Certificate constitutes 10 working days.

24. Modification of the Certificate is performed without collection collection.

25. In case of change of purpose of the civil aircraft after its re-equipment the new Certificate is granted. The operator submits to authorized body documents on re-equipment of the civil aircraft for replacement of the Certificate.

26. On the civil aircraft the duplicate of the Certificate in cases is issued:

1) inadvertent spoil;

2) losses;

3) plunders.

27. In case of inadvertent spoil the Certificate is subject to replacement.

28. In case of loss of the Certificate or its plunder operation of the civil aircraft immediately stops before receipt of the duplicate. For receipt of the duplicate it is necessary to enclose the documents confirming the fact of loss or plunder of the Certificate to the application.

The authorized body within 7 days from the date of receipt of the statement makes issue of the duplicate of the Certificate.

For issue of the duplicate of the Certificate collection for state registration according to the procedure and the sizes established by the Government of the Republic of Kazakhstan is levied.

29. The owner or the operator of the civil aircraft entered in the Register reports to authorized body about all changes of the property right and other rights to the civil aircraft, and also encumbrance on these rights, lease term, emergencies, loss, breakdown of the civil aircraft.

30. In all cases requiring modification of the Certificate or its replacement and also in case of suspension of action of the Air operator certificate, the Certificate loses the force and in ten-day time from the moment of issue of the inspection instruction is subject to return to authorized body.

31. The certificate, with completely completed Section "Marks about Transfer of the Civil Aircraft", in case of the next replacement is left for storage in the aircraft together with other registration documents.

Appendix

to the Rules of state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them and transactions with them approved by the order of the Government of the Republic of Kazakhstan of January 30, 2003 No. 106

 
                                ГЕРБ 

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                         Уполномоченный орган

                            СВИДЕТЕЛЬСТВО
     О ГОСУДАРСТВЕННОЙ РЕГИСТРАЦИИ ГРАЖДАНСКОГО ВОЗДУШНОГО СУДНА
                              № ________

     1. Государственный и регистрационный опознавательные знаки ______
     UN
     2. Тип и назначение гражданского воздушного судна _______________
     3. Серийный (заводской) номер гражданского воздушного судна _____
     4. Собственник: _________________________________________________
     5. Эксплуатант: _________________________________________________
     6. Настоящим удостоверяется,  что  данное  гражданское  воздушное
судно  должным  образом  занесено в Государственный реестр гражданских
воздушных   судов    Республики    Казахстан    в    соответствии    с
законодател�

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