AIR CODE OF UKRAINE

of May 4, 1993 No. 3167-XII

Section 1. GENERAL PROVISIONS

Article 1. Sovereignty over airspace of Ukraine

Ukraine possesses complete and exclusive sovereignty over airspace of Ukraine which is part of the territory of Ukraine.

Airspace of Ukraine is the part of the air sphere located over the land and the water territory of Ukraine, including over its territorial waters (the territorial sea).

Article 2. Coverage of the Air code of Ukraine

The air code of Ukraine regulates activities of users of airspace of Ukraine for the purpose of satisfaction of interests of Ukraine and its citizens and safety of aircraft.

Aircraft as industry - all this types of the companies, organizations and organizations which activities are directed to creation of conditions and use of airspace by the person by means of aircrafts.

Operation of the Air code of Ukraine extends to all users of airspace of Ukraine in part that concerns them, both in the territory of Ukraine, and beyond its limits if the laws of adoptive state of the user do not provide another.

Article 3. State regulation of activities of civil aviation of Ukraine

The state performs regulation of activities of civil aviation through the central executive body in the field of transport, relevant organs of the air transportation of Ukraine in such directions:

ensuring development of civil aviation;

supervision of safety of flights of aircrafts;

certification, registration and licensing;

regulation of use of airspace and servicing of air traffic;

ensuring search and rescue of aircrafts which are in distress or suffered;

protection of aircraft of Ukraine against acts of illegal intervention in its activities;

scientific maintenance of activities of aircraft and ensuring its safety which is performed by both the industry, and cross-industry research organizations and the air enterprises;

assistance of the foreign economic and international legal activity of civil aviation.

According to the decision of the central executive body in the field of transport combination of efforts and work in noted directions with bodies of other states for the purpose of permission of questions with higher quality and with smaller expenses is possible.

Article 3-1. State supervision of safety of aircraft

The state supervision of safety of aircraft is exercised by specially authorized central executive body.

Interaction of executive bodies of Ukraine on supervision of safety of flights of aircrafts is performed according to the procedure, established by the Cabinet of Ministers of Ukraine.

Article 4. Economic and business activity of aircraft of Ukraine

The right to implementation of economic and business activity in the field of aircraft any legal entity or physical person which is engaged in operation, maintenance, repair, production, development and other activities in the field of the aircraft equipment can own and obtained the license if it is stipulated by the legislation Ukraine.

Article 5. Certification of developer, producer and operator of the civil aircraft equipment

Any legal entity or physical person which is engaged in the activities connected with development, production, repair and operation of the civil aircraft equipment shall receive from state body concerning certification and registration the certificate which confirms compliance of level of technical training of the specified person to requirements of the corresponding aviation rules of Ukraine.

The operator - person, the organization or the company operating aircrafts or offering the services in this area.

Article 6. The expenses connected with certification, registration and re-registration

Expenses on:

certification, registration and re-registration of aircrafts, airfields, airways and local air-lines;

certification of aviation personnel and operators of the aircraft equipment;

certification of legal entities and physical persons which carry out development, production, repair and maintenance of the aircraft equipment and so forth is born by person who submitted the corresponding application to state body concerning certification and registration.

The amount of the state charges is established by provision which affirms the Cabinet of Ministers of Ukraine.

Section II. AVIATION RULES of UKRAINE

Article 7. Aviation rules

Aviation rules determine and regulate procedure for activities of aircraft of Ukraine for the purpose of safety of flights and ecological safety.

Treat aviation rules:

1) regulations of flight suitability of civil aircrafts;

2) regulations of construction and serviceability of airfields and airports, systems of regulation of use of airspace of Ukraine and servicing of air traffic in the territory of Ukraine;

3) rules of certification of civil aircrafts, airfields, productions of the aircraft equipment, activities of operators, aviation personnel, use of airways and local air-lines;

4) rules of registration of aircrafts, airfields, airways and local air-lines;

5) standards and standard rates in the field of protection of the surrounding environment.

Regulations which regulate also belong to aviation rules:

1) procedure for construction, content and repair of airfields and airports;

2) procedure for preparation, retraining, advanced training of aviation personnel;

3) procedure for creation, certification and registration of airlines, airlines, private firms and other organizations for the purpose of use of airspace of Ukraine;

4) procedure for the organization, accomplishment and ensuring flights;

5) procedure for the organization, accomplishment, providing and licensing of aviation works;

6) procedure for use of airspace of Ukraine, providing with aeronautical information;

7) procedure for carrying out search and wrecking;

8) procedure of protection of the surrounding environment;

9) procedure of supervision and control of safety of flights;

10) procedure for conducting office investigation of aviation events;

11) procedure for implementation of measures concerning protection of aircraft against acts of illegal intervention in its activities;

12) procedure of safety of aircraft and its prevention;

13) procedure for the organization and accomplishment of test and extra route flights;

14) relations of civil and state aviation.

Also other regulations which regulate activities of aircraft and its safety belong to aviation rules.

Aviation rules have single structure, contain in the Code of aviation rules of Ukraine and shall not contradict provisions of the Convention on international civil aviation and Appendices to it.

Aviation rules become effective the relevant state bodies of Ukraine and are subject to compulsory execution by all users of airspace of Ukraine and other legal entities or physical persons in part that concerns them, both in the territory of Ukraine, and beyond its limits if the laws of adoptive state do not provide another.

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