LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 2010 No. 339-IV ZRK

About use of airspace of the Republic of Kazakhstan and activities of aircraft

This Law governs the public relations connected with use of airspace of the Republic of Kazakhstan and activities of aircraft and determines procedure for use of airspace and activities of aircraft for the purpose of protection of life and health of the person, the environment, interests of the state, safety of flights of aircrafts and requirements satisfaction of economy of the Republic of Kazakhstan, physical persons and legal entities in aviation services.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) wrecking - complex of the actions directed to timely assistance in distress or the victim;

2) airline - the legal entity having the air operator certificate of civil aircrafts;

3) the certificate on aviaroute - the document for right to use of aviation route for accomplishment of regular flights;

4) aircraft - all organization types which activities are directed to creation of conditions and use of airspace by the person by means of aircrafts;

5) aviation works - the specialized transactions which are carried out by the operator using civil aircrafts for the benefit of other physical and (or) legal entities;

5-1) certificate on the right of accomplishment of aviation works - the document of the established form issued by authorized organization in the field of civil aviation, certifying the admission of the operator to aviation works;

6) aviation safety - protection of civil aviation against acts of illegal intervention which is reached by realization of package of measures and attraction of human and material resources;

6-1) No. 174-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2022

7) aviation activities - all types of activity directed to creation of conditions and use of airspace by the person by means of aircrafts;

8) aviation services - the services of civil aviation connected with the organization and ensuring airborne transportations of passengers, baggage, loads, mailings and accomplishment of aviation works for a fee or on hiring;

9) illegal intervention in activities of aircraft - the illegal action which is encroaching on safe activities of aircraft, entailed accidents with people, material damage, capture or stealing of the aircraft or created threat of approach of such effects;

10) aviation route (aviaroute) - the geographical description or combination of geographical descriptions of the land surface over which air traffic between Items of air transportation is performed;

10-1) aviation medicine - the field of medicine devoted to studying of questions of medical support of aviation flights;

10-2) aviation medical inspector - the aviation inspector of authorized organization in the field of civil aviation having qualification and work experience in the field of aviation medicine and the representative on implementation of certification, control and supervision in the field of civil and experimental aviation;

10-3) aviation medical center - the legal entity performing medical examination in the field of civil aviation;

10-4) certificate of the aviation medical center - the document of the established sample certifying compliance of the aviation medical center to certified requirements;

10-5) aviation medical expert - the doctor having the certificate of the aviation medical expert which had training and having practical skills and the working life in the field of aviation medicine appointed by authorized organization in the field of civil aviation for carrying out medical surveys of the faces which are directly tied with accomplishment and ensuring flights of aircrafts and their maintenance, servicing of air traffic to receipt of certificates or qualification marks;

10-6) certificate of the aviation medical expert - the document of the established sample giving to the aviation medical expert the right to carry out medical examination and to issue the medical certificate;

11) aviation training center - the legal entity performing preparation, retraining and maintenance of professional level of aviation personnel;

12) the certificate of aviation training center - the document of the established sample certifying compliance of the aviation educational organization to certified requirements;

13) the certificate on maintenance and repair of the aircraft equipment - the document of the established sample certifying compliance of the organization for maintenance and repair of the aircraft equipment to certified requirements;

14) aviation personnel - the physical persons having special and (or) professional training, performing activities for accomplishment and ensuring flights of aircrafts, airborne transportations and aviation works, maintenance of aircrafts, the organization and servicing of air traffic, air traffic control;

14-1) aviation hub - the air-transport hub airport having necessary infrastructure for the organization of connection flights which is used by airlines as intermediate point for delivery of passengers, baggage, mailings and loads to the destination;

15) the airfield section of the highway - the section of the highway determined by authorized body in the field of the state aircraft used for take off and landing of aircrafts of the state aircraft in case of the solution of office and fighting tasks and tasks of combat training;

15-1) payments in the field of civil aviation - payment of physical persons and legal entities for the services rendered by authorized organization in the field of civil aviation and also obligatory expels of legal entities for implementation of constant surveillance over safety of flights and aviation safety by it in the budget of authorized organization in the field of civil aviation;

16) authorized body in the field of civil aviation - the central executive body performing management in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation;

16-1) authorized organization in the field of civil aviation - the joint-stock company with absolute participation of the state in the authorized capital performing the activities aimed at providing sustainable development of industry of civil aviation of the Republic of Kazakhstan, safety of flights and aviation safety;

16-2) employees of authorized organization in the field of civil aviation - the employees of authorized organization in the field of civil aviation holding positions of the first head and his deputies, heads of structural divisions and aviation inspectors;

16-3) international organizations in the field of civil aviation - the international organizations performing activities in the field of civil aviation and accepting the aviation rules aimed at safety, regularities, efficiency and regulation of other questions of air transport;

17) aviation rules of the international organization in the field of civil aviation - the requirement regulating the organization and the implementation of separate aspects of activities of civil aviation accepted by the international organization in the field of civil aviation;

18) No. 36-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.07.2012

19) the certificate of the organization for providing civil aircrafts with fuels and lubricants - the document of the established sample certifying compliance of the organization for providing civil aircrafts with fuels and lubricants to certified requirements;

19-1) system of civil and military coordination - complex of the actions directed to safe and effective use of airspace by all types of aircraft;

20) the air operator certificate of civil aircrafts - the document issued by authorized organization in the field of civil aviation, certifying the operator's compliance to Rules of certification of operators of civil aircrafts and to certified requirements;

21) the certificate on state registration of the civil aircraft - the document of the established sample issued by authorized organization in the field of civil aviation and confirming entering of the civil aircraft into the State register of civil aircrafts of the Republic of Kazakhstan;

22) the certificate of the flight validity of the civil aircraft - the document issued by authorized organization in the field of civil aviation, certifying compliance of the civil aircraft to airworthiness standards;

23) the aircraft which was injured disaster - the aircraft which received serious damage during the taxing, take-off, landing or fall or completely destroyed and also the aircraft which made emergency landing out of airfield;

24) the aircraft, in distress, - the aircraft to which or the people who are onboard which direct danger threatens or with which the radio communication is lost and is unknown the location of this vessel;

25) especially important flights - the status given by the state bodies authorized by the Government of the Republic of Kazakhstan to flights of aircrafts, and also routes (flights) of their following in case of airborne transportations of protected persons of the Republic of Kazakhstan;

Aero club - the legal entity who uses airfield (helidrome) the airport on the property right or other legal causes and provides 26) in the cases provided by this Law, activities of operators of aircraft of general purpose;

27) aeronautical information - information obtained as a result of collection, the analysis and data processing for the purposes of ensuring flights of aircrafts, servicing of air traffic and air traffic control;

28) the document of aeronautical information - the document which contains information which is important for accomplishment of flights, servicing of air traffic and air traffic control, approved and published in accordance with the established procedure;

28-1) aeronautical servicing - activities which include air traffic management, provision of communication systems, navigation and observation, meteorological and search and rescue ensuring flights, provision of aeronautical information.

These types of servicing are provided to users of airspace at all stages of flight (approach, around airfield and on route);

29) the supplier of aeronautical servicing - the legal entity providing air traffic management and (or) other aeronautical servicing;

29-1) certificate of the supplier of aeronautical servicing - the document of the established sample certifying compliance of the supplier of aeronautical servicing to certified requirements;

29-2) fair culture - the principle of safety of flights in case of which aviation personnel and other workers in the field of civil aviation report about mistakes or offenses and do not bear responsibility for the made mistakes or offenses in the field of civil aviation, except as specified, provided by this Law;

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

31) the certificate of the validity of airfield (helidrome) - the document issued by authorized organization in the field of civil aviation, certifying compliance of airfield (helidrome) to certified requirements;

32) aerodrome environs - the territory of the land surface with the center in control point of airfield and the radius determined by authorized bodies in spheres of civil and state aviation;

33) airfield meteorological body - the service located in airfield, intended for meteorological ensuring flights of aircrafts;

34) airfield movement - movement of aircrafts and vehicles on airfield maneuvering areas, and also flights of all aircrafts around airfield;

35) control point of airfield - the point determining the geographic location of airfield;

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

37) airport activities - the activities performed by physical and (or) legal entities at the airports, connected with ensuring airborne transportations, aviation works, safety of flights and aviation safety;

38) the certificate of service of aviation safety of the airport (airfield) - the document of the established sample certifying compliance of service of aviation safety of the airport (airfield) to certified requirements;

39) the controlled area of the airport - the working area of the airport (airfield) adjoining to it the territory and buildings located close or part them, access to which is controlled;

39-1) spare parts to aircrafts - the parts of the airplane which are not the equipment, representing the integral components of the vehicle used for the purpose of repair or replacement of detail, including, engines and air screws;

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

41) the freighter - air carrier which according to the agreement of chartering (charter) transfers for a fee to other party (freighter) all capacity or part of capacity of one aircraft (or several courts) with crew to one or several flights for transportation of passengers, baggage, load, mailings or other purposes and renders by own efforts services in management to them and on its technical operation;

42) No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

43) the freighter - the physical person or legal entity which signed the contract of chartering (charter) with air carrier (freighter) on transfer to its use of all capacity or parts of capacity of one aircraft (or several courts) with crew on one or several flights for transportation of passengers, baggage, load, mailings or other purposes;

44) the maximum certified take-off mass of the aircraft - the maximum admissible take-off mass of the aircraft specified in the certificate of type or management on flight operation of the civil aircraft;

45) flight of the aircraft - movement of the aircraft on land (water) surface and in airspace from the beginning of running start in case of take-off (separation from terrestrial or surface of the water in case of vertical take-off) before the end of run (release of landing strip without stopping) or contacts of land (water) surface in case of vertical landing;

46) the mode of use of airspace - the temporary procedure for use of separate elements of structure of airspace of the Republic of Kazakhstan established for implementation of the activities requiring the special organization of use of airspace;

47) air traffic - movement of the aircrafts which are in flight and to airfield maneuvering areas;

48) servicing of air traffic - flight and information servicing, the emergency notification, dispatching servicing of air traffic (district dispatching servicing, dispatching servicing of approach or airfield dispatching servicing);

49) body of servicing of air traffic - body of dispatching servicing of air traffic, the center of flight information or collection point for the reports concerning servicing of air traffic by the supplier of aeronautical servicing;

50) air traffic control - complex planning process, coordinating, ensuring flights, direct traffic control of aircrafts on the earth and in air, and also control of observance of the set mode of flights and procedure for use of airspace;

51) governing body of air traffic - the control center or control center of the state aircraft exercising air traffic control within the competence and of the zones and areas established for it;

51-1) air traffic management - the dynamic and integrated air traffic management performed in the safe, economic and effective way and airspace, including servicing of air traffic, the organization of airspace and the organization of flows of air traffic, by provision of means and continuous servicing in cooperation with all parties and with use of onboard and land functions;

52) airborne transportations - activities of physical persons and legal entities for transportation of passengers, baggage, loads and mailings by aircrafts;

53) the airway - controlled airspace (or its part) in the form of corridor;

53-1) agreement of chartering (charter) - the transportation agreement (freight) according to which the lessor (freighter) shall provide to the lessee (freighter) all capacity or part of capacity of one aircraft (or several courts) for a fee in temporary ownership and use on one or several flights for transportation of passengers, baggage, load, mailings or other purposes and to render by own efforts services in management to them and on its technical operation;

53-2) flight recorder - any self-recording device established onboard the aircraft as additional source of data for conducting investigation of aviation incident or incident;

53-3) competence-based system of preparation and estimates - system of preparation and assessment of aviation personnel of which are characteristic orientation to results, special attention to standards of efficiency of accomplishment of transactions and measurement of these standards, and also development of training course on the basis of the established standards of efficiency;

54) responsibility zone - airspace of certain sizes in which the body of servicing of air traffic or governing body of air traffic performs the functions;

54-1) land servicing - the servicing necessary in case of arrival of the aircraft in the airport (airfield) or departure of the aircraft from the airport (airfield) which is not including servicing of air traffic;

54-2) service provider of land servicing - the physical person or legal entity rendering services of land servicing in the territory of the airport (airfield), except for the operator of the airport (airfield) and the airline which is independently servicing the aircrafts, passengers, baggage, load and mail;

55) the passenger - the physical person which is not part of crew and transported on the aircraft according to the agreement of airborne transportation or on other legal causes;

55-1) inspection instruction - the act of individual nature issued by the aviation inspector of authorized organization in the field of civil aviation by results of control and supervision to physical persons or legal entities for elimination of the revealed violations;

56) the member of kabinny crew - person belonging to aviation personnel who for the benefit of safety and for the purpose of servicing of passengers and (or) transportation of goods carries out the obligations onboard the aircraft charged to it by the operator or the commander of the aircraft, but not being the member of flight crew;

57) commercial air transportation - activities of legal entities for transportation of passengers, baggage, loads and mailings by civil aircrafts for a fee or on hiring according to the agreement of airborne transportation;

57-1) protected zone of limited access - the sites of the controlled area of the airport determined by zones of the highest risk in which, in addition to monitoring access, other control measures for the purpose of safety are applied;

58) the State register of civil aircrafts of the Republic of Kazakhstan - the document in which state registration of civil aircrafts of the Republic of Kazakhstan, the rights to them is made;

59) airspace of the Republic of Kazakhstan - airspace over the overland and water territory of the Republic of Kazakhstan, including over its territorial waters;

60) the Register of aircrafts of the state aircraft of the Republic of Kazakhstan - the document in which state registration of aircrafts of the state aircraft of the Republic of Kazakhstan is made;

60-1) irrevocable power - power of physical person or legal entity for benefit of which the right to impose requirements of exception of the State register of civil aircrafts of the Republic of Kazakhstan (deregistration) and export of the aircraft according to the Protocol on aeronautical equipment to the Convention on the international guarantees concerning mobile equipment is granted;

61) the danger area - airspace of the established sizes within which during certain periods of time the activities constituting danger to flights of aircrafts can be performed;

61-1) dangerous goods - the products or substances creating threat of life and to health, safety and property of the person or the environment, specified in the list of the dangerous goods determined by technical instructions by safe transportation of dangerous goods by air of International Civil Aviation Organization (ICAO);

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

63) reserve airfield - airfield on which the aircraft can go if it is impossible or inexpedient to follow on airfield of the planned landing or to make on it landing;

63-1) medical examination - establishment or confirmation of availability or absence at aviation personnel of disease, determination of the state of health, and also temporary disability, professional suitability to work in the taken-up change;

63-2) medical certificate - the document of the established sample issued by positive results of medical examination, confirming the applicant's compliance to requirements imposed to the validity for health reasons and the providing admission to professional activity;

63-3) control facility and supervision of activities of the state aircraft - the structural division of authorized body in the field of the state aircraft exercising the state control and supervision of activities of the state aircraft;

64) authorized body in the field of the state aircraft - the central executive body performing management in the field of use of airspace of the Republic of Kazakhstan and activities of the state aircraft;

65) meteorological information - the meteorological report, the analysis, the forecast and any other message concerning the actual or expected weather conditions, intended for users of airspace;

65-1) instructive material - the document including the description of processes and procedures, intended for aviation inspectors of authorized organization in the field of civil aviation, for the purpose of uniform application of the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft, standards and recommended practice of International Civil Aviation Organization (ICAO) during the carrying out certification, control and supervision, and also reference of discrepancies to certified requirements to different levels;

66) the operator - the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

66-1) pilotless aviation system - the pilotless aircraft and the related elements (including the communication channels and components managing the pilotless aircraft) which are necessary for safe and effective operation of the pilotless aircraft in airspace;

66-2) zone of restriction of flights of pilotless aircrafts - part of airspace of the established sizes over the territory of the Republic of Kazakhstan within which flights of pilotless aircrafts are limited to certain conditions;

66-3) pilotless aircraft - the aircraft which is operated or are intended for autonomous work and (or) for remote control without pilot onboard;

66-4) change of the status of flight - change of route from the planned directions, flight delay, change of the schedule of flight, flight cancellation or other change influencing time of departure (arrival) of flight or route;

66-5) expert medical certificate - the document issued by the aviation medical disputable cases inspector with attraction in need of other specialists in the field of aircraft;

66-6) certified airfield (helidrome) - airfield (helidrome) to which operator the certificate of the validity of airfield (helidrome) is issued;

67) investigation - the process which is carried out for the purpose of prevention of aviation incident or incident which includes collection and information analysis, preparation of the conclusions, including establishment of its reasons and (or) concurrent factors, and development of recommendations about safety;

67-1) certificate of type - the document issued by authorized organization in the field of civil aviation, the international organization in the field of the civil aviation performing certification of aircrafts, or foreign state for determination of design like the civil aircraft, the engine or the air screw and confirming design compliance to airworthiness standards;

68) irregular flight (flight) - the flight (weeds) which is not regular and carried out for certain customer for the purpose of airborne transportation or without that;

68-1) constant surveillance - type of the state supervision of observance of the established requirements by the physical persons and legal entities which underwent certification for the purpose of provision to the population of safe aviation services;

69) regular flight - the flight performed according to the schedule established and published by airline;

70) the prohibited area - airspace of the established sizes over the territory of the Republic of Kazakhstan within which accomplishment of flights of aircrafts without special permission is forbidden;

71) the helicopter - the aircraft is heavier than air which is supported in flight generally due to reaction of air with one or several bearing screws rotated by the power plant around the axes which are approximately in vertical position;

72) helidrome - the airfield or certain site of surface on construction intended fully or partially for arrival, departure and movement of helicopters on this surface;

72-1) single operator on provision of helicopter services - the legal entity having material resources, aircrafts and qualified specialists, being the subject of civil aviation, determined by authorized body in the field of civil protection;

73) temporary airfield - the airfield intended for ensuring flights of aircrafts during the certain period of year which does not have fixed constructions and the equipment, subject to accounting in accordance with the established procedure;

74) the airplane - the aircraft is heavier than air, set in motion by the power plant which carrying power in flight is created generally due to aerodynamic reactions on the surfaces remaining motionless in these flight conditions;

75) the flight validity - the technical condition of the aircraft corresponding to flight technical characteristics which ensure its safety and flight quality;

76) airworthiness standards - requirements to design, parameters and flight qualities of the aircrafts and their components aimed at safety of flights;

76-1) directive on the flight validity - information directed to maintenance of the flight validity of the aircraft including engines and air screws, ensuring safe operation of the aircraft, and also the requirement for modification, replacement of component parts or in conducting check of the aircraft and (or) amending its operational restrictions and the operation manual;

76-2) zone of restriction of flights - airspace of the established sizes over the territory of the Republic of Kazakhstan within which flights of aircrafts are limited to certain conditions;

77) flight plan - certain data on the planned flight or the parts of flight of the aircraft represented by the pilot, crew or the operator to bodies of servicing of air traffic and (or) air traffic control;

78) safety of flight - the condition in case of which the risk of damnification of life or to human health or causing damage to property is reduced to acceptable level and is supported at this or lower level by means of continuous process of identification of sources of danger and control of risk factors;

78-1) safety management system of flights - system approach to safety management of flights, including organizational structure, hierarchy of responsibility, obligation, the guidelines and procedures;

78-2) flight testing - the flight which is carried out for determination of characteristics of the aircraft, power plants, the aeronautical and special equipment, arms and other aircraft equipment, researches in the field of aerodynamics and durability of aircrafts, and also their systems and (or) for determination of compliance of the civil aircraft equipment to requirements of the flight validity;

79) the member of flight crew - the person belonging to aviation personnel, having the existing certificate of aviation personnel to whom the obligations connected with control of the aircraft during flight time are assigned;

80) No. 174-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2022

81) No. 174-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2022

81-1) International Civil Aviation Organization (ICAO) - the specialized agency of the United Nations establishing the international standards necessary for safety, reliability and efficiency of air traffic, and performing coordination of international cooperation in all areas connected with civil aviation;

81-2) standards of International Civil Aviation Organization (ICAO) - the requirement to physical characteristics, configurations, equipment, technical characteristics, personnel or rules which uniform use is recognized necessary for safety or regularity of the international air navigation, accepted by International Civil Aviation Organization (ICAO);

81-3) recommended practices of International Civil Aviation Organization (ICAO) - the requirement to physical characteristics, configurations, equipment, technical characteristics, personnel or rules which uniform use is recognized desirable for the benefit of safety, regularity or efficiency of the international air navigation, accepted by International Civil Aviation Organization (ICAO);

82) the international airport - the airport providing the international airborne transportations at which customs, border and sanitary and quarantine control is organized;

The international airborne transportation - airborne transportation in case of which accomplishment the points of departure and appointments irrespective of, is available or not having rummaged 83) in transportation or overload, are located on:

territories of two or more states;

the territories of one state if the stop in the territory of other state is provided;

84) temporary management of the operator of the airport allowed to implementation of flights in the international message - forced carrying out complex of administrative, legal, financial, organizational and technical and other actions and procedures concerning the operator of the airport allowed to implementation of flights in the international message;

85) the international flight - flight of the aircraft in case of which the aircraft crosses border of foreign state;

85-1) search and rescue works - complex of the events held for the purpose of search and rescue of passengers and crews of the aircrafts which were injured disaster and also search and assistance to people in case of emergency situations of natural and technogenic nature;

86) the crew member - the person belonging to aviation personnel, appointed for accomplishment of certain obligations onboard the aircraft during flight time;

87) the certificate of the crew member - the document of the established sample which is issued to crew members, the technical structure providing technical maintenance of flights and the personnel ensuring safety of the civil aircraft in flight.

Article 2. Sovereignty of the Republic of Kazakhstan over airspace

1. The Republic of Kazakhstan possesses complete and exclusive sovereignty over the airspace located over the overland and water territory of the Republic of Kazakhstan and its territorial waters.

2. The airspace of the Republic of Kazakhstan is part of its state territory.

Article 3. Legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft

1. The legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Coverage of this Law

Operation of this Law extends on:

1) users of airspace of the Republic of Kazakhstan;

2) the state, civil and experimental aviation within the Republic of Kazakhstan;

3) the state and civil aircrafts of the Republic of Kazakhstan during their stay outside the Republic of Kazakhstan if the laws of adoptive state of the aircraft do not provide other.

Article 5. Property right to means of aircraft

The aircrafts, airfields, helidromes, the airports, technical means and other property necessary for the organization, accomplishment, servicing and ensuring flights of aircrafts, can be in the state-owned and (or) private property.

Article 6. Types of aircraft

1. The aircraft of the Republic of Kazakhstan is subdivided on state, civil and experimental.

2. The state aircraft is the aircraft which is under authority of authorized body in the field of the state aircraft, law-enforcement bodies and homeland security of the Republic of Kazakhstan, and also other state bodies according to the decision of the Government of the Republic of Kazakhstan and used for the purpose of defense, safety of the state, protection of public order, and also provision of services of airport activities.

3. Civil aviation the aircraft which is not part of experimental and state aircraft, used for the purpose of is recognized:

1) transportations of passengers, baggage, load and mailings (airborne transportations);

2) accomplishment of aviation works;

3) holding training, sporting, cultural and educational events, development of technical creativity;

4) satisfactions of personal needs of the operator of the aircraft;

5) carrying out search and rescue and wrecking, assistance in case of natural disasters;

6) provisions of aeronautical servicing;

7) maintenance and repair of aircrafts;

8) implementation of airport activities and (or) airfield (helicopter aerodrome) servicing;

9) designings of airfields and objects of civil aviation.

The civil aviation used for the purpose of, specified in subitems 1), 2) and 5) this Item, for a fee or on hiring, is recognized commercial aircraft.

The civil aviation which is in property of the physical and (or) legal entities and used for the purpose of specified in subitems 1), 2) and 5) of this Item, not for a fee and not on hiring, and also for the purpose of, specified in subitems 3) and 4) of this Item, is recognized aircraft of general purpose.

The civil aviation using aircrafts with the maximum certified take-off weight less than five thousand seven hundred kilograms including helicopters with the maximum certified take-off weight less than three thousand hundred seventy five kilograms, is recognized easy aircraft.

The civil aviation using aircrafts with the maximum certified take-off weight less than seven hundred fifty kilograms, other aircraft and auxiliary devices is recognized extralight aircraft.

4. Experimental aircraft the aircraft intended for carrying out developmental, experimental, research works and testing in the field of aircraft and other equipment is recognized.

Article 7. Application of standards and recommended practice of International Civil Aviation Organization (ICAO), and also aviation rules of other international organizations in the field of civil aviation

1. Application of standards and recommended practice of International Civil Aviation Organization (ICAO) in the territory of the Republic of Kazakhstan is performed by acceptance of the corresponding regulatory legal acts, stipulated by the legislation the Republic of Kazakhstan about use of airspace of the Republic of Kazakhstan and activities of aircraft, introduction of necessary changes and amendments in them or with indication of in them references on application of specific standards and recommended practice of International Civil Aviation Organization (ICAO).

1-1. In airspace, sovereignty over which is not determined where the Republic of Kazakhstan bears responsibility for ensuring servicing of air traffic, standards and recommended practice of International Civil Aviation Organization (ICAO) according to the procedure determined by the legislation of the Republic of Kazakhstan are applied.

2. Aviation rules of the international organizations in the field of civil aviation can be applied in the territory of the Republic of Kazakhstan if they do not contradict the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft, and the requirements provided by the specified aviation rules cannot be lower, than the requirements stated in standards of International Civil Aviation Organization (ICAO).

The paragraph of the fourth subitem 3) of Item 6 is suspended till January 1, 2020, during suspension this paragraph is effective in edition of Item 2 of article 2 of this Law

The separate requirements containing in aviation rules of the international organizations in the field of civil aviation can be included in the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft.

The operator of the aircraft of civil aviation whose type is certified by the aviation authorities of foreign state has the right to apply aviation rules of the international organizations in the field of civil aviation in English.

3. Aviation standards of the international organizations in the field of civil aviation do not belong to documents on standardization which regulation is performed according to the legislation of the Republic of Kazakhstan in the field of standardization.

Article 7-1. Sustainable development of industry of civil aviation of the Republic of Kazakhstan

1. Sustainable development of industry of civil aviation of the Republic of Kazakhstan is based on:

1) the principle of priority of strategic and long-term tasks over operational and short-term tasks;

2) providing measures for accounting, research, development and preserving human capital in industry of civil aviation of the Republic of Kazakhstan;

3) providing continuity of process of identification, the analysis and taking measures to minimization of systemic risks in industry of civil aviation of the Republic of Kazakhstan.

2. Development and implementation of measures for sustainable development of industry of civil aviation of the Republic of Kazakhstan are provided by authorized organization in the field of civil aviation in coordination with authorized body in the field of civil aviation.

Chapter 2. State regulation and control in the field of use of airspace of the Republic of Kazakhstan and activities of aircraft

Article 8. State regulation in the field of use of airspace of the Republic of Kazakhstan and activities of aircraft

1. Tasks of state regulation of use of airspace of the Republic of Kazakhstan and activities of aircraft are:

1) ensuring safe use of airspace of the Republic of Kazakhstan with its users, accomplishment of flights without threat of life or to human health, the environment, interests of the state;

2) establishment of the general principles of implementation of the activities connected with use of airspace and accomplishment of flights;

3) requirements satisfaction of economy of the Republic of Kazakhstan and citizens in aviation services.

2. State regulation of use of airspace of the Republic of Kazakhstan and activities of aircraft within the competence perform the Government of the Republic of Kazakhstan, authorized bodies in spheres of civil and state aviation.

Article 9. The state control and supervision in the field of use of airspace

1. The state control and supervision in the field of use of airspace is exercised for the purpose of prevention and (or) the termination, and (or) suppression of violation of procedure for use of airspace of the Republic of Kazakhstan.

2. The state control and supervision in the field of use of airspace is exercised according to the procedure, established by this Law and other laws of the Republic of Kazakhstan.

Article 10. State control and supervision of activities of aircraft

1. The state control and supervision of activities of the state aircraft is exercised regarding observance of the requirements established by the legislation of the Republic of Kazakhstan in the field of use of airspace and activities of aircraft.

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