AIR CODE OF TURKMENISTAN

of January 10, 2012 No. 255-IV

This Code determines legal, economic and organizational basis of activities of aircraft in requirements satisfaction of legal entities and physical persons, and also other activities for use of airspace of Turkmenistan and to ensuring its safety, defense and protection of interests of the state, safety of flights of aircrafts, aviation and ecological safety.

Chapter I. General provisions

Article 1. Sovereignty of Turkmenistan over the airspace

1. Turkmenistan has complete and exclusive sovereignty concerning the airspace which is component of the territory of Turkmenistan.

2. The airspace of Turkmenistan is understood as airspace over the territory of Turkmenistan, including airspace over internal waters and the territorial sea.

Article 2. Air legislation of Turkmenistan

1. The air legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Code, then rules of the international treaty are applied.

Article 3. Regulation of the relations connected with use of airspace of Turkmenistan

The relations arising in connection with use of airspace of Turkmenistan and activities of its users are regulated by this Code, Regulations on use of airspace of Turkmenistan, Rules of flights in airspace of Turkmenistan, other regulations approved by the Cabinet of Ministers of Turkmenistan, and also accepted in accordance with the established procedure by the State aviation rules and other regulatory legal acts of Turkmenistan.

Article 4. Coverage of the Air code 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 other is not provided by the laws of adoptive state.

Article 5. Types of aircraft and its use

1. The aircraft of Turkmenistan is subdivided into the state and civil, including aircraft of general purpose.

2. The military aircraft, aircrafts and aviation means used in bodies of homeland security, internal affairs, boundary, customs services or which are according to the decision of the Cabinet of Ministers of Turkmenistan under authority of other state bodies treat the state aircraft. The state aircraft is used for the purpose of defense, safety and law and order, protection of interests of the state.

3. The aircraft used for accomplishment of airborne transportations and aviation works in the public purposes treats civil aviation.

4. The aircraft used by legal entities or physical persons for satisfaction of own requirements according to the rules and regulations identified for it treats aircraft of general purpose.

5. The aircraft of Turkmenistan, irrespective of accessory, can be used for the purpose of rendering urgent medical care, carrying out search and rescue and wrecking including in case of natural disasters.

Article 6. Property at the expense of aircraft of Turkmenistan

1. Aircrafts, the airports, airfields, technical means and other property necessary for the organization, accomplishment and ensuring flights of aircrafts, can be in state, private and other patterns of ownership.

2. The state aircraft is only in state-owned property.

3. Restrictions for acquisition in property of the means of aircraft, except as specified, provided by regulatory legal acts of Turkmenistan cannot be set.

Article 7. Authorized bodies in the field of use of airspace and management of activities of aircraft

1. Public administration and control in the field of use of airspace is exercised by authorized body - the Ministry of Defence of Turkmenistan according to Regulations on use of airspace of Turkmenistan.

2. Authorized bodies in sphere of activity of civil aviation are the Agency of transport and communications under the Cabinet of Ministers of Turkmenistan and the Turkmenhowayollary Agency subordinated to it.

The authorized body in sphere of activity of civil aviation coordinates work on the specified directions with bodies of civil aviation of other states and the international organizations.

3. Public administration in sphere of activity of the state aircraft is exercised of authorized body in this area the Ministry of Defence of Turkmenistan.

The organization of activities in the field of the state aircraft and operational management by these activities are performed by the authorized bodies of management having in the maintaining divisions of the state aircraft in the Ministry of homeland security of Turkmenistan, the Ministry of Internal Affairs of Turkmenistan, the State Border Service of Turkmenistan, the State Customs Service of Turkmenistan.

Article 8. Public administration in the field of use of airspace and activities of aircraft

The state through authorized bodies exercises control in the field of use of airspace and activities of aircraft for the following directions:

1) ensuring defense capability and protection of state interests of Turkmenistan;

2) respect for economic interests of Turkmenistan, timely, complete and high-quality requirements satisfaction of business entities and the population in transportations and aviation works;

3) creation of conditions for effective development of aircraft, expansion of participation of civil aviation in the market of the international airborne transportations;

4) supervision of observance of rules of use and safety of flights of aircrafts;

5) certification, registration and licensing of activities in the field of aircraft;

6) respect for interests of users of airspace;

7) protection of the rights of citizens during their servicing by air transportation;

8) coordination of activities of aircraft of different accessory;

9) environmental protection from the harmful effects connected with activities of aircraft.

Article 9. State aviation rules of Turkmenistan

1. Authorized bodies of management and control in spheres of the state and civil aviation are developed, accepted and publish in necessary cases for use by legal entities and physical persons the State aviation rules of Turkmenistan which determine and regulated:

1) procedure for accomplishment of flights of aircrafts in airspace of Turkmenistan;

2) procedure for the organization and accomplishment of flights of the national, civil aircrafts;

3) procedure for the organization of ensuring flights of aircrafts;

4) procedure for the organization and conducting investigation of the aviation events which happened to aircrafts of Turkmenistan, their classification and accounting;

5) certification in the field of the state and civil aviation;

6) procedure for state registration of aircrafts and airfields;

7) procedure for carrying out search and wrecking;

8) accomplishment of standards and standard rates in the field of environmental protection;

9) procedure for presentation and consideration of the claims following from airborne transportations of loads and mailings;

9-1) rules of transportation of passengers, baggage, loads and mail on the international lines;

9-2) rules of transportation of passengers, baggage, loads and mail on internal lines;

9-3) rules of application of rates for airborne transportations of passengers, baggage, loads and mails which are carried out on the international lines and collections of charges for the services connected with transportation, sale of tickets and execution of air carriage documents;

9-4) rules of application of rates for airborne transportations of passengers, baggage, loads and mails which are carried out on internal lines and collections of charges for the services connected with transportation, sale of tickets and execution of air carriage documents;

9-5) program for simplification of formalities in accomplishment of airborne transportations in Turkmenistan;

10) other relations in the field of use of airspace of Turkmenistan and activities in the field of aircraft provided by this Code.

2. The authorized bodies of management having divisions of the state aircraft in the maintaining within the competence determined by article 7 of this Code adopt the regulatory legal acts regulating the activities of aircraft and its safety corresponding to the State aviation rules of Turkmenistan.

Article 10. Certification of activities in the field of aircraft

1. The legal entities who are engaged in development, production, repair and operation of the aircraft equipment and also aviation personnel shall receive the certificate (certificate) on compliance of level of technical training of this person to requirements of the corresponding State aviation rules of Turkmenistan.

Certification in the field of aircraft activities of authorized bodies are recognized to the requirements established by the State aviation rules of Turkmenistan the state and civil aviation on confirmation of conformity of subjects to certification.

Certifications are subject:

1) developers and producers of aircrafts and other aircraft equipment;

2) aircrafts, aviation engines, air screws, onboard and land aeronautical equipment, aviation exercise machines and other objects;

3) airfields;

4) the air enterprises performing and providing airborne transportations of passengers, loads, mails and aviation works;

5) the educational institutions performing training of specialists of appropriate level according to lists of positions of aviation personnel;

6) legal entities whose activities are directly connected with safety of flights of aircrafts or aviation safety;

7) the companies performing maintenance and repair of the aircraft equipment.

2. Certification of development and production of the aircraft equipment in Turkmenistan is performed by the body authorized by the Cabinet of Ministers of Turkmenistan.

3. The requirements imposed to carrying out certification, established by the State aviation rules of Turkmenistan are obligatory for observance by all legal entities or physical persons.

In case of non-compliance with requirements of the State aviation rules of Turkmenistan according to which the certificate (certificate) was issued its action can be suspended or cancelled by the decision of the authorized body which issued this certificate (certificate).

4. Financing of the costs connected with carrying out certification is performed according to regulatory legal acts of Turkmenistan.

Article 11. Licensing of aviation activities

1. Licensing of aviation activities is performed according to the Law of Turkmenistan "About licensing of separate types of activity".

2. The procedure for the issue of licenses for activities specified in part one of this Article, renewal, suspension, renewal, cancellation and cancellation of the license is established by the legislation of Turkmenistan.

3. Financing of costs on licensing is performed according to the legislation of Turkmenistan.

Article 12. The state control of activities in the field of aircraft

1. The state control of activities in the field of civil aviation regarding safety of flights of aircrafts and aviation safety is performed by authorized body in the field of civil aviation and the inspection bodies created by it according to regulatory legal acts of Turkmenistan.

2. For the purpose of conducting inspection of activities in the field of civil aviation inspection bodies have the right of unrestricted access to objects and means of civil aviation.

Requirements of officials of inspection services imposed in connection with conducting checks are obligatory for execution by legal entities or physical persons.

3. The state control of activities in the field of the state aircraft regarding safety of flights of aircrafts is exercised according to the procedure, determined by authorized body in this area and bodies in which there are divisions of the state aircraft.

4. Also other state bodies within the competence according to the legislation of Turkmenistan can exercise the state control of activities of aircraft.

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