Approved by the Law of Turkmenistan of June 18, 1996
The air Code of Turkmenistan determines legal, economic and organizational basis of activities of aircraft, other activities for use of airspace for the purpose of protection of interests of the state, to safety of flight of aircrafts and requirements satisfaction of the national economy of Turkmenistan and citizens.
Turkmenistan possesses complete and exclusive sovereignty over its airspace which is component of the territory of Turkmenistan.
Airspace of Turkmenistan is the space over its overland, water and sea territories.
The relations connected with use of airspace of Turkmenistan activities of its users are regulated by this Code, "The state aviation rules of Turkmenistan", "Provision on use of airspace of Turkmenistan" approved by the Cabinet of Ministers of Turkmenistan, other acts of the legislation of Turkmenistan.
Operation of the Air code of Turkmenistan extends to all users of airspace of Turkmenistan in the part concerning them both in the territory of Turkmenistan, and beyond its limits if the laws of adoptive state do not provide other.
The aircraft of Turkmenistan is subdivided on state and civil.
The military aircraft, and also the aircrafts used on boundary, customs and militia services, in bodies of Committee of homeland security or being according to the decision of the Cabinet of Ministers of Turkmenistan under authority of other state bodies treats the state aircraft. The military aircraft is used for the purpose of defense and protection of interests of the state.
The aircrafts and other means of aircraft used for accomplishment of airborne transportations and aviation works in the public purposes belong to civil aviation.
The aircraft of Turkmenistan, irrespective of accessory, is used for the purpose of rendering urgent medical care, carrying out search and rescue and wrecking, and also for the purpose of assistance in case of natural disasters.
Aircrafts, the airports, airfields, technical means and other property necessary for the organization of accomplishment and ensuring flights of aircrafts can be in state, private and other patterns of ownership.
The state aircraft is only state-owned property.
Restrictions for acquisition in property of means of aircraft, except as specified, stipulated by the legislation Turkmenistan cannot be set.
The state exercises control and control in the field of use of airspace and activities of aircraft for the following directions:
respect for economic interests of Turkmenistan, timely, complete and high-quality requirements satisfaction of the national economy and the population in transportations and needs of defense of the country;
ensuring necessary rates and proportions of development of aircraft, expansion of participation of civil aviation in the market of the international airborne transportations;
supervision of use and safety of flights of aircrafts;
certification, registration and licensing;
respect for interests of users of airspace;
protection of the rights of citizens during their aviation transport servicing;
coordination of activities of aircraft of different accessory;
environmental protection from the harmful effects connected with activities of aircraft. Public administration and control in the field of use of airspace is exercised by the Ministry of Defence of Turkmenistan according to "Provision on use of airspace of Turkmenistan".
Public administration and control in sphere of activity of civil aviation exercises National administration of Turkmenkhovayollara of Turkmenistan.
National administration of Turkmenkhovayollara of Turkmenistan combines efforts and carries out works on the specified directions with bodies of other states and International Civil Aviation Organizations for the purpose of more effective and their high-quality solution.
Management and control in sphere of activity of the state aircraft within the competence the Ministry of Defence, Committee of homeland security, the Ministry of Internal Affairs of Turkmenistan, and also according to decisions of the Cabinet of Ministers of Turkmenistan exercise other state bodies.
The state aviation rules of Turkmenistan determine and regulate procedure for activities of aircraft of Turkmenistan for the purpose of safety of flights and ecological safety. Treat the State aviation rules of Turkmenistan:
airworthiness standards of aircrafts;
regulations of construction and serviceability of airfields, systems of regulation of use of airspace and air traffic control in the territory of Turkmenistan;
rules of certification of civil aircrafts, airfields, productions of the aircraft equipment, activities of operators, aviation personnel, use of airways and local air-lines;
rules of registration of aircrafts, airfields, airways and local air-lines;
rules of carrying out search and wrecking, rule of investigation of aviation incidents;
standards and standard rates in the field of environmental protection.
State bodies and departments which competence is stipulated in Clause the 5th of this Code the aircrafts having in maintaining, according to the State aviation rules publish, within the competence, the regulations regulating activities of aircraft and its safety.
The state aviation rules have single structure, contain in the Code of aviation rules of Turkmenistan and shall not contradict provisions of the Convention on international civil aviation and Appendices to it.
Any legal entity or physical person which is engaged in the activities connected with development, production, repair and operation of the aircraft equipment shall receive the certificate or the certificate of the operator confirming compliance of level of technical training of this person to requirements of the conforming "State aviation rules of Turkmenistan".
Certification in spheres of development and production of the aircraft equipment is performed by the body authorized by the Cabinet of Ministers of Turkmenistan.
Certification in spheres of repair and operation of the aircraft equipment is performed:
for the state aircraft Ministry of Defence of Turkmenistan;
for civil aviation National administration of Turkmenkhovayollara of Turkmenistan.
The operator of the aircraft any legal entity or physical person owning the aircraft on the property right, lease term or other legal cause which right and capability to perform operation is confirmed with the certificate of the operator is recognized.
The certificate or the certificate of the operator are not subject to transfer to other person and remain in force until their action in accordance with the established procedure is not suspended or cancelled.
Legal entity and physical person, received the certificate on the right of operation of the aircraft equipment registered according to the procedure, established by the legislation of Turkmenistan, perform the activities connected with accomplishment of airborne transportations and production of aviation works on the licenses granted by the National uprvaleniye of civil aviation of Turkmenistan.
The operator of the aircraft the legal entity or physical person which is owning the aircraft on the property right, lease term or other legal cause, having the certificate on the right of operation of the aircraft equipment and the license for the corresponding type of activity is recognized.
The licensing procedure on implementation of the activities connected with accomplishment of airborne transportations and production of aviation works, its renewals, suspension, renewal, cancellation and cancellation is established by the legislation of Turkmenistan.
If the international treaty in which Turkmenistan participates establishes other rules than containing in this Code, then rules of the international treaty are applied.
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The document ceased to be valid according to the Law of Turkmenistan of 10.01.2012.