I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 352

About approval of Rules of the admission of airlines to accomplishment of regular internal commercial air transportations

According to subitem 41-61) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" I ORDER:

1. Approve the enclosed Rules of the admission of airlines to accomplishment of regular internal commercial air transportations (further - Rules).

2. To committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan (Seydakhmetov B. K.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising Vice-Minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication, except for the paragraph of the ninth subitem 2) of Item 7 and the subitem 10) of Item 8 of Rules which become effective since January 1, 2016.

It is approved Minister of national economy of the Republic of Kazakhstan May 27, 2015

E.Dosayev

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 352

Rules of the admission of airlines to accomplishment of regular internal commercial air transportations

1. General provisions

1. Rules of the admission of airlines to accomplishment of regular internal commercial air transportations (further - Rules) are developed according to subitem 41-61) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft".

2. In these rules the following basic concepts are used:

1) local (intraregional) commercial airborne passenger traffic - the commercial airborne passenger traffic performed between settlements within one area;

2) regional (intra republican) commercial airborne passenger traffic - the commercial airborne passenger traffic performed between the settlements which are in different areas or the connecting settlements with the cities of republican value, the capital.

3. Decision making about the admission of airline to accomplishment of regular internal commercial air transportations performs authorized body in the field of civil aviation (further - authorized body).

4. The admission of airline to accomplishment of regular internal commercial air transportations is performed by types of regular internal commercial air transportations.

5. Regular internal commercial air transportations for issue of the admission are classified by the following types:

1) local (intraregional) commercial airborne passenger traffic;

2) regional (intra republican) commercial airborne passenger traffic.

6. The admission of airline to accomplishment of regular internal commercial air transportations is issued by one or two types of regular internal commercial air transportations.

2. Qualification requirements for the admission of airlines to accomplishment of regular internal commercial air transportations

7. The following qualification requirements for the admission of airlines to accomplishment of regular internal commercial air transportations are established:

1) for accomplishment of local (intraregional) commercial airborne passenger traffic:

the air operator certificate availability issued by authorized body;

availability of the park of aircrafts with the existing certificates of the flight validity in the quantity necessary for accomplishment of flights according to the schedule established by airline (taking into account reservation), but at least two aircrafts of identical passenger capacity (in the property or lease (which are in leasing) for the term of at least three years);

personnel availability at each airport, in (from) which local (intraregional) commercial airborne passenger traffic, or availability of the signed contract for land servicing are planned;

2) for accomplishment of regional (intra republican) commercial airborne passenger traffic:

the air operator certificate availability issued by authorized body;

availability of the park of aircrafts with the existing certificates of the flight validity in the quantity necessary for accomplishment of flights according to the schedule established by airline (taking into account reservation), but at least three aircrafts of identical passenger capacity (in the property or lease (which are in leasing) for the term of at least three years);

experience of work on accomplishment of irregular transportations or to accomplishment of local (intraregional) passenger air transportation at least one year, except for accomplishment of flights in the airfields having restrictions on types of aircrafts, and also the airlines performing regular flights as structural division as a part of other airline under one air operator certificate;

personnel availability on placement of resources in the automated reservations system and sales of air transportation;

personnel availability at each airport where accomplishment of regional (intra republican) passenger air transportation or availability of the signed contract for land servicing is planned;

availability and sufficiency of financial resources under which the capability of airline is meant to carry out flights, according to the offered schedule along aviaroute (aviaroutes) within thirty calendar days without the income assumed from the moment of operation of aviaroute;

availability of the signed contract for placement of resources in one of the automated systems of sales of air transportation, including execution of carriage documents in electronic and paper forms;

availability of own Internet resource providing online booking and sale of air tickets and/or availability of sales offices of air tickets at least in two cities to which accomplishment of flights is planned.

7-1. Discrepancy of the applicant to qualification requirements, stipulated in Item 7 these rules, is the basis for refusal of the admission of airline to accomplishment of domestic regular commercial transportations.

3. The documents confirming compliance to qualification requirements for the admission of airlines to accomplishment of regular internal commercial air transportations

8. For receipt of the admission to accomplishment of regional (intra republican) commercial airborne passenger traffic by the applicant the following documents confirming compliance of airline to qualification requirements, stipulated in Item 7 these rules are provided:

1) the application in any form signed by the first head of airline with indication of admissions to types of regular internal commercial air transportations for which the applicant, and data on availability of the existing air operator certificate applies;

2) the certificate of the park of aircrafts with indication of:

quantities own and (or) leased (being in leasing) aircrafts with indication of effective periods of their certificates of the flight validity;

numbers and dates of the conclusion of the contract for lease (leasing) of aircrafts, effective periods of the signed agreements;

3) the schedule of turnover of aircrafts according to the schedule established by airline;

4) the copy of the agreement on placement of resources in the automated reservations system and sales of air transportation, including execution of carriage documents in electronic and paper forms;

5) the copy of the document testimonial of training of personnel of airline on placement of resources in the automated reservations system and sales of air transportation;

6) the balance sheet for the last financial year, and also for current date;

7) the audited reporting for the last financial year;

8) the certificate of bank of the available financial resources on the account in national or foreign currencies in the quantity necessary for ensuring flights, according to the offered schedule along aviaroute (aviaroutes) within thirty calendar days without the income assumed from the moment of operation of aviaroute;

9) the list of aviaroutes along which accomplishment of regular flights, and calculations of expenses on accomplishment of flights for aviaroute (aviaroutes) taking into account the planned loading according to the offered schedule along aviaroute (aviaroutes) within thirty calendar days is planned;

10)  No. 616 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.08.2016

11) the certificate of hiring of personnel at each airport in which opening of internal regular flights or the copy of the signed contract for land servicing is planned;";

12) the reference with indication of availability of own Internet resource giving opportunity of online booking and sale of air tickets and/or the reference with indication of availability of sales offices of air tickets at least in two cities to which accomplishment of flights is planned;

13) it is excluded according to the Order of the deputy. The Minister of Transport of the Republic of Kazakhstan of 24.11.2023 No. 94

For accomplishment of local (intraregional) commercial airborne passenger traffic only the documents provided by subitems 1), 2) and 3) of this Item are provided.

4. Procedure for the admission of airlines to accomplishment of regular internal commercial air transportations

9. The documents specified in Item 8 of these rules are represented in one copy, in the stitched type, with the numbered pages, the last page is certified by seal of the legal entity (airline).

The authorized body within two working days from the moment of receipt of documents of the applicant checks completeness of the submitted documents. In case of factual determination of incompleteness of the submitted documents, the authorized body within the specified terms gives written motivated refusal in further review of documents.

10. Within thirty calendar days from the moment of receipt of documents in authorized body assessment of conformity of the applicant to qualification requirements is carried out by the permanent commission created by the order of authorized body (further - the commission).

The number of members of the commission shall be odd and constitute at least seven people. The commission is headed by the commission chairman, and in its absence - the vice-chairman. The decision of the commission is made by a majority vote the members participating in meeting and drawn up by the protocol constituted by the secretary of the commission who is not member of the commission.

In case of equality of votes, accepted is considered the decision for which the chairman of tender committee voted. The decision of the commission is recognized legitimate in case of presence on voting procedure at least two thirds of total quantity of members of the commission.

The commission chairman, and in case of its absence the vice-chairman direct activities of the commission, preside over commission sessions, plan work and exercise general control of implementation of its decisions.

11. Assessment is carried out based on the these rules of documents provided according to Item 8.

12. If the documents submitted by airline do not conform to the requirements specified in Item 8 of these rules, they based on the negative conclusion of the commission deviate and are subject to return by authorized body.

13. Airlines whose statements are rejected, are in writing notified on it by authorized body no later than thirty calendar days from the moment of receipt of the statement by authorized body with indication of causes of failure.

14. Execution of the admission of airline to accomplishment of regular internal commercial air transportations is performed by authorized body based on the positive conclusion of the commission about compliance of airline to the qualification requirements specified in Item 7 of these rules.

The admission of airline to regular internal commercial air transportations is drawn up in the form of the corresponding marks in part "B" of special provision of the air operator certificate.

The authorized body places information on the types of regular internal commercial air transportations permitted for airline on the Internet resource, and also sends the copy of the decision of authorized body to the applicant within terms, stipulated in Item 10 these rules of the admission of airlines to accomplishment of regular internal commercial air transportations.

15. In case of non-compliance by airline with the qualification requirements established by rules of the admission of airlines to accomplishment of regular internal commercial air transportations, earlier issued admission stops authorized body in the field of civil aviation up to three months. In case of not elimination of the violations which were the basis for suspension, in time, established by this Item, earlier issued admission responds.

 

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