ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE

of November 2, 2010 No. 804

About approval of Rules of conducting office investigation of acts of illegal intervention in activities of civil aviation

According to Item 168 of the State program of aviation safety of the civil aviation approved by the Law of Ukraine of February 20, 2003 N 545-IV, and the Air code of Ukraine I ORDER:

1. Approve Rules of conducting office investigation of acts of illegal intervention in activities of civil aviation which are attached.

2. Provide to public aviation administration:

2.1. Submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

2.2. Bringing this order to permission of all aviation subjects registered in the territory of Ukraine which provide measures of aviation safety or are involved in their providing.

3. To heads of all aviation subjects to develop according to Rules and to approve the Instruction for conducting office investigation of acts of illegal intervention in activities of civil aviation.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the deputy minister - the chairman of State aviaadministration of Kolisnyk A. A.

 

 

Approved by the Order of the Ministry of Transport and Communications of Ukraine of November 2, 2010 No. 804

Rules of conducting office investigation of acts of illegal intervention in activities of civil aviation

I. General provisions

1.1. These Rules are developed according to requirements of the Air code of Ukraine, the Law of Ukraine "About the State program of aviation safety of civil aviation" and regulate activities in the field of office investigation of acts of illegal intervention in activities of civil aviation.

These Rules are developed taking into account standards and the recommended practice of International Civil Aviation Organization and the European conference of civil aviation.

1.2. These Rules determine general requirements concerning the organization and conducting office investigation of acts of illegal intervention, procedure for the notice of aviation subjects, the central executive bodies and international organizations, and also procedure for carrying out scheduled maintenance and measures for prevention of acts of illegal intervention.

1.3. These Rules extend to all subjects of aviation activities in the territory of Ukraine.

1.4. These Rules are used during office investigation of acts of illegal intervention which happened in the territory of Ukraine and in airspace over the high sea where Ukraine performs servicing of air traffic.

1.5. In these Rules such reducings are used:

AB - aviation safety;

ANV - the act of illegal intervention;

EKGA - European conference of civil aviation;

The runway - landing strip;

IIKAO - International Civil Aviation Organization;

The check point - check-point;

KVS - the commander of the aircraft;

KTsPS of HECTARE - the coordination center of search and rescue of HECTARE;

Department of Internal Affairs - servicing of air traffic;

AF - the aircraft;

SAB - service of aviation safety;

STSB - special technical means of safety;

UAB - management of aviation safety;

HECTARE - civil aviation;

TsDS - the central dispatching service of State aviaadministration;

AFTN - the aviation fixed network of telecommunication;

UTC - the world coordinated time.

1.6. In these Rules terms are used in such value:

aviation safety - complex of actions, and also the human and material resources intended for protection of civil aviation against acts of illegal intervention in its activities;

the aviation subject - the air-transport company, the airport, the operator who offers services or operates air traffic;

the act of illegal intervention - acts or attempts to make the act which creates safety hazard of civil aviation and to air transport, namely:

illegal capture of AF in flight;

illegal capture of AF on the earth;

taking of hostages onboard AF or in airfields;

violent penetration aboard AF, in the airport or in arrangement of aeronautical means or services;

placement onboard AF or at the airport of the weapon, the dangerous device or material intended for criminal objectives;

the message of inveracious information which threatens safety of AF in flight or on the earth, safety of passengers, crew members, land personnel or other persons at the airport or in arrangement of means and services of civil aviation;

deportant - person who was legally allowed on the territory of the country by its authorities or drove to the country illegally and to which after some time authorities officially order to leave the country;

the state of the operator - the state which contains the main place of activities of the operator or in which the operator does not take such place of activities, the permanent residence;

the state of the scene - the state in the territory of which there was ANV;

the state of registration - the state in which register it is entered by AF;

the expert/specialist - person who has qualification in certain industry and is involved in investigation of ANV carries out expertizes and provides consultations;

explosion threat - threat about which information from anonymous source or from other channels is obtained, in which authentic or inveracious data that during flight or on the earth, to any airport or means of civil aviation or any person explosive or other subject or the device can threaten safety of the aircraft are informed or seen;

taking of hostages onboard AF - violent capture and deduction by offenders in passenger inside of the aircraft of persons from among passengers, crew members or other persons for the purpose of achievement of criminal objectives;

complex check - verification of the existing standards, rules and the AB procedures for the purpose of determination of level of protection of aviation subjects against ANV and requirements in the field of providing AB;

the flight strip - part of the airfield of airfield which includes landing strip, the planned parts on each side and is intended to the runway for take off and landing of AF, reduction of risk of damage of AF which were rolled out of runway limits, and the safety of AF which is flying by over it during take off and landing;

violent penetration aboard AF - unauthorized penetration of offenders into the AF passenger salon using weapon or other objects of attack or cunnings with the purpose to have opportunity of forced management of actions of crew of AF or direct control of the aircraft of persons from among offenders for achievement of criminal objectives;

illegal capture of AF in flight (on the earth) - violent or using cunnings penetration of offenders into flight cabin of AF and forced management of aircrew of crew or direct control of the aircraft by persons from among offenders;

survey of AF for the benefit of safety - external and internal examination of rooms of AF to which passengers, and survey of the luggage compartment for the purpose of identification of suspicious objects, weapon, explosives or other dangerous devices, objects and substances could have access;

the final report - results and the analysis of office investigation which are reported by State aviaadministration to all involved in settlement of ANV and/or interested in settlement in ANV participants for the purpose of carrying out critical analysis of such act for prevention it further or for the best preparation for providing measures in response to intervention in the future;

primary message - primary information on ANV which became known and is immediately transferred to State aviaadministration, the country which is involved in ANV, and the international organization;

primary report - information on ANV which contains specific circumstances of such act and recommendation concerning enhancement of security measures and elimination of the found discrepancies. This report is the basis for the preliminary message? IKAO;

the suspicious subject - subject which does not belong to passengers to crew members and is not the aircraft device;

the aircraft - the aircraft which keeps in the atmosphere due to its interaction with air, other than interaction with the air reflected from the land surface, and capable to maneuver in three-dimensional space;

potentially dangerous passengers - persons who are in custody or the investigation, the deported persons and so forth;

ANV reason - any actions, divergence, inadequate accomplishment of service duties, other circumstances and conditions or their set in the field of ensuring aviation safety which entailed ANV;

the intermediate report - information which is transferred to the head of aviation administration by the commission chairman on investigation of ANV;

the publication of results of investigation - submission of the final report to obligatory addressees according to mailing, and also provision of opportunity to other legal entities or physical persons to get acquainted with results of investigation;

the adviser (member of the commission) - person designated by the state for assistance in investigation to the authorized representative of such state;

the recommendation concerning prevention of ANV - the offer of authority of the state which makes the investigation of ANV made based on assessment of the causes of the accident found during investigation for the purpose of prevention of ANV in the future;

working stage of investigation - the period from the beginning of works of the commission on investigation of ANV till the moment when works on site as ANV are finished;

office investigation on aviation bezopasnostirassledovania of acts of illegal intervention in activities of civil aviation and violations of the measures taken at the international level, standards and the recommended practice for aviation safety;

authorized representatives of parallel investigations - persons who are designated to carry out in accordance with the established procedure separate types of investigations (studying of persons/persons involved/involved in making ANV, motives and origins of means and so forth) and in coordination with the commission chairman have access to certain materials of investigation.

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