AIR CODE OF THE KYRGYZ REPUBLIC

of August 6, 2015 No. 218

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2015

Section I. General part

Chapter 1. Basic provisions

Article 1. Sovereignty

The Kyrgyz Republic has complete and exclusive sovereignty concerning airspace of the Kyrgyz Republic. The airspace of the Kyrgyz Republic means space over the territory of the Kyrgyz Republic.

Article 2. Purposes of the Air code of the Kyrgyz Republic

1. The air code of the Kyrgyz Republic (further - the Code) establishes the legal basis of use of airspace of the Kyrgyz Republic and activities in the field of civil aviation for the purpose of ensuring needs of the population of the Kyrgyz Republic for safe airborne transportations.

2. The purpose of state regulation and supervision of activities in the field of civil aviation and use of airspace of the Kyrgyz Republic is ensuring safe airborne transportations and aviation works.

Article 3. Air legislation of the Kyrgyz Republic

1. The air legislation of the Kyrgyz Republic is based on the Constitution of the Kyrgyz Republic and consists of of this Code, the laws, Aviation rules and other regulatory legal acts of the Kyrgyz Republic adopted according to this Code, and also the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

2. Aviation rules of the Kyrgyz Republic are the regulatory legal acts of the Kyrgyz Republic regulating activities of civil aviation in the Kyrgyz Republic, accepted by the Government of the Kyrgyz Republic according to this Code, regulatory legal acts of the Kyrgyz Republic, standards and recommended practice of International Civil Aviation Organization.

Article 4. Coverage

1. Provisions of this Code extend to all types of activity in the field of civil aviation performed within the territory and airspace of the Kyrgyz Republic:

1) the aircrafts included in the State register of civil aircrafts of the Kyrgyz Republic (further - the register of aircrafts of the Kyrgyz Republic);

2) foreign aircrafts which activities are provided by the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

2. Provisions of this Code are applied to aircrafts of the Kyrgyz Republic in the territory and in airspace of foreign states if other is not provided by the air legislation of the state of stay.

3. Provisions of this Code are applied also to the state aircraft in that measure in which it is not settled by special laws of the Kyrgyz Republic.

Article 5. Types of aircraft

1. The aircraft is subdivided on state and civil.

2. The state aircraft is intended for implementation of the state activities for the purpose of homeland and economic safety of the state, protection of sovereignty, defense, safety of the population, protection of the constitutional system and public order.

3. Civil aviation is subdivided into commercial aircraft and aircraft of general purpose.

4. The commercial aircraft is used for commercial purposes (for a fee and on hiring) for transportation of passengers, load, baggage, mail and accomplishment of aviation works.

5. The aircraft of general purpose is used in non-commercial purposes for satisfaction of personal needs of physical persons and legal entities.

Chapter 2. Terms and determinations

Article 6. The terms and determinations used in this Code

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

2) the aviation meteorological station - the station intended for carrying out observations and creation of the meteorological reports which are subject to use for flights;

3) aviation works - flights of aircrafts, gliders, hang-gliders, balloons and other aircraft which are used for providing specialized types of servicing in such areas as agricultural industry, construction, photography, survey, air advertizing, observation and patrol, search and rescue, reportings from air, parachute jumps, transportation of goods on external suspension bracket and other similar types of servicing;

4) acts of illegal intervention - actions or attempts of their making creating safety hazard of air transport and civil aviation of the Kyrgyz Republic;

5) airfield meteorological service - the service intended for ensuring meteorological servicing of flights;

6) 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;

7) aeronautical servicing - the complex servicing connected with servicing of air traffic, operation of the radio engineering equipment and means of communication, meteorological providing, the emergency notification and provision of aeronautical information;

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

9) the airport - the complex including the airfield, air terminal and constructions intended for acceptance and sending passengers, baggage, loads and mail, servicing of aircrafts, crews and having the necessary equipment and personnel for these purposes;

10) the pilotless aircraft - the aircraft without pilot and without crew onboard with external management of flight, with take-off weight no more than 10 kilograms and with a flight altitude no more than 100 meters over terrestrial or surface of the water;

11) onboard supplies - include the sold or not sold goods intended for consumption by passengers and crew onboard the aircraft and the goods necessary for operation and maintenance of the aircraft, including fuel and lubricants;

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

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

14) airborne transportations - activities of physical persons or legal entities for transportation of passengers, baggage, load or mail;

15) the aircraft - any aircraft supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from terrestrial or surface of the water;

16) the state aircraft - the aircraft which is under authority of authorized state body of the Kyrgyz Republic and used for implementation of the state activities for the purpose of homeland and economic safety of the state, protection of sovereignty, defense, safety of the population, protection of the constitutional system and public order;

17) the state aircrafts - the aircrafts which are not included in the State register of civil aircrafts of the Kyrgyz Republic, staying on the registry or included in registers of aircrafts of state bodies of the Kyrgyz Republic;

18) examination - the procedure of application of the technical or other means intended for identification and (or) detection of weapon, explosives or other dangerous devices, objects and substances which can be used for implementation of the act of illegal intervention;

19) the foreign aircraft - the aircraft registered in the register of aircrafts of foreign state;

20) the foreign operator of the aircraft - person having the existing air operator certificate of aircrafts issued by foreign state;

21) the light aircraft - the aircraft with the maximum certified take-off weight over 750 kilograms and to 5700 kilograms, including the helicopter with the maximum certified take-off weight less than 3175 kilograms;

22) the aircraft - the device for the managed flight in the atmosphere or space;

23) International Civil Aviation Organization - the specialized agency of the United Nations establishing the international standards and standards necessary for safety, reliability and efficiency of air traffic;

24) the international airport - the airport performing the international airborne transportations at which customs, border, sanitary and quarantine control and other types of control of movement of passengers, baggage, load and mail is provided;

25) the international flight - flight of the aircraft of the Kyrgyz Republic in case of which this aircraft crosses frontier;

26) the organization of civil aviation - the legal entity registered in the territory of the Kyrgyz Republic, performing activities in the field of civil aviation of the Kyrgyz Republic;

27) the passenger - the physical person which signed the contract of airborne transportation with carrier, or physical person for the purpose of which transportation the agreement of chartering of the aircraft is signed;

28) carrier (the operator of the aircraft) - the legal entity registered in the territory of the Kyrgyz Republic, who is engaged in operation of aircrafts and having the existing air operator certificate of aircrafts;

29) carriage documents - the tickets, the luggage receipt, the freight bill, post delivery note, and also the documents used when rendering services in airborne transportation of passengers, baggage, load, mail and provided by Aviation rules of the Kyrgyz Republic;

30) platform inspection - inspection of aircrafts of national and foreign operators, including aircrafts of aircraft of general purpose, on the platform of civil airfields of the Kyrgyz Republic according to Articles 11, 12 and 16 Conventions on International civil aviation and this Code for the purpose of check of accomplishment of the international and operating in the Kyrgyz Republic regulations on safety of flights, the flight validity of aircrafts, including foreign, and validity of certificates of aviation personnel, including foreign, carrying out flights on civil airfields of the Kyrgyz Republic;

31) the maneuvering area - part of airfield, excepting platforms, intended for take-off, landing and taxing of the aircraft;

32) users of airspace - the physical persons and legal entities of the Kyrgyz Republic given in accordance with the established procedure the right to implementation of activities for use of airspace of the Kyrgyz Republic;

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

34) the supplier of aeronautical servicing - the legal entity registered in the territory of the Kyrgyz Republic, having structure, personnel, technical means and the certificate on provision of services on servicing of air traffic;

35) the Government program of safety of flights of civil aviation of the Kyrgyz Republic (further - the Government program of safety of flights) - the single complex governed also the types of activity aimed at increase in safety of the flights of civil aviation approved by the Government of the Kyrgyz Republic;

36) the Government development program of civil aviation of the Kyrgyz Republic - the development program of civil aviation approved by the Government of the Kyrgyz Republic, developed by the state body realizing state policy in the field of civil aviation of the Kyrgyz Republic;

36-1) right of "the fifth degree of freedom of air" - the right concerning regular airborne transportations according to which foreign aircrafts have the right to unload and accept aboard in the territory of the Kyrgyz Republic of passengers, the baggage, load and (or) mail following from the third state or in it;

37) the working area of airfield - the part of airfield intended for take-off, landing and taxing of the aircraft, consisting of the maneuvering area and the platform;

38) the self-made aircraft - the aircraft of amateur design made independently which take-off mass does not exceed 750 kilograms conforming to the minimum requirements of the flight validity established by Aviation rules of the Kyrgyz Republic, and which are not intended for commercial transportations;

39) 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;

40) the collection of aeronautical information - the separate printing or electronic edition containing long-term aeronautical information of the Kyrgyz Republic which is important for air navigation, published by state body on regulation and supervision in the field of civil aviation;

41) the extralight aircraft - the aircraft with the maximum certified take-off weight of 750 kilograms and less;

42) the certificate of type - the document issued by the state developer of the aircraft for determination of design like the aircraft and confirmation of the fact that this design answers the relevant standards of the flight validity of the state developer;

43) certification - the procedure of official assessment and confirmation of civil aviation of compliance to the organization of civil aviation by body or aviation personnel of civil aviation to the established requirements of Aviation rules of the Kyrgyz Republic for the purpose of safety of flights;

44) service of aviation safety - the system of security service of the organizations of civil aviation providing prevention of acts of illegal intervention in the fields of civil aviation;

45) maintenance of the aircraft - work, necessary for ensuring preserving the flight validity of the aircraft, including control recovery work, checks, replacements, elimination of defects which are carried out as separately, and in combination, and also practical implementation of modification or repair of the aircraft;

46) the fuelling organization - the legal entity registered in the territory of the Kyrgyz Republic, who is performing activities for aviation fuel supply at the airport or in airfield of the Kyrgyz Republic, having the corresponding equipment, hardware and personnel for provision of range of services on aviation fuel supply of airborne transportations and the certificate on implementation of such activities;

47) the operator of airfield - the legal entity registered in the territory of the Kyrgyz Republic, certified by state body on regulation and supervision in the field of civil aviation, who is providing operational suitability of airfield to flights and having the certificate of the validity of airfield;

48) the operator of the airport - the legal entity registered in the territory of the Kyrgyz Republic, certified by state body on regulation and supervision in the field of civil aviation, who is providing the organization of land servicing of aircrafts, passengers, crews, baggage, load and mail at the airport and having the corresponding equipment, the equipment and personnel for these purposes.

Chapter 3. State bodies in the field of civil aviation of the Kyrgyz Republic

Article 7. State bodies in the field of civil aviation of the Kyrgyz Republic

According to this Code state bodies in the field of civil aviation of the Kyrgyz Republic are:

1) the state body authorized by the Government of the Kyrgyz Republic realizing state policy in the field of civil aviation (further - the body realizing state policy in the field of civil aviation);

2) the state body authorized by the Government of the Kyrgyz Republic on regulation and supervision in the field of civil aviation (further - body of civil aviation);

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