LAW OF THE AZERBAIJAN REPUBLIC

of June 24, 2005 No. 944-IIQ

About aircraft

This Law regulates use of airspace of the Azerbaijan Republic and determines the general principles of activities in the field of aircraft.

Chapter I. General provisions

Article 1. Basic concepts

1.0. The basic concepts used in this Law express the following values:

1.0.1. airfield - certain site terrestrial or surface of the water with the respective buildings, constructions and the equipment, intended fully or partially for arrival, departure and movement on this surface of aircrafts;

1.0.2. aircraft - set of activities and the installations directed to use of airspace by the person by means of aircrafts and creation of necessary conditions for this purpose;

1.0.3. aviation safety - package of measures, including human and material resources, for protection of aircraft against acts of illegal intervention;

1.0.4. the aviation incident event which entailed death or bodily harm of any person from the moment of occurrence of all persons aboard the aircraft for the purpose of flight till the moment when all being onboard person left the aircraft (except for, the cases which resulted from the natural reasons because of person or other persons, or because of the free riders disappearing out of zones where access to passengers and crew members is usually open), owing to damage of the aircraft or destruction of its design, loss or stay it in the unavailable place;

1.0.5. aviation incident event, except aviation incident, connected with use of the aircraft which negatively influences or can affect safety of operation;

1.0.6. aviation products - spare parts, accessories of aircrafts and the other equipment necessary for safety of flights;

1.0.7. aviation personnel - the specialists having certificates, certificates (certificates) with qualification marks and the highest, technical or special training and allowed to accomplishment of certain work types in airline industry;

1.0.8. international standards - requirements of International Civil Aviation Organization to physical characteristics, configurations, equipment, technical characteristics of aircrafts and aviation products, and also to aviation personnel which application is necessary;

1.0.9. recommended international practice - requirements of International Civil Aviation Organization to physical characteristics, configuration, equipment, specifications of aircrafts and aviation products, and also to aviation personnel which application is reasonable;

1.0.10. the international flights (flights) - the flights which are carried out by means of the aircrafts crossing borders of the Azerbaijan Republic and other state;

1.0.11. airborne transportations - transportation of passengers, baggage and load, and also mailings by aircrafts for the established payment;

1.0.12. air traffic - the regular flights which are carried out for the purpose of airborne transportations;

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

1.0.14. crew of the aircraft - the crew consisting of persons designated respectively by the owner or the operator for accomplishment of certain obligations onboard the aircraft on control of the aircraft and provision of services during flight time;

1.0.15. the operator of the aircraft - the person who is engaged in operation of the aircraft or offering the services in this area;

1.0.16. the captain of the aircraft (the ordering pilot) - the pilot appointed for accomplishment of obligations of the captain and who is responsible for safety of flight;

1.0.17. the owner of the aircraft - person having the property right, uses or aircraft leases;

1.0.18. air traffic - flights of aircrafts or their movement to maneuvering areas;

1.0.19. servicing of air traffic - flight and information, aero meteorological, advisory servicing of air traffic, the emergency notification of servicing of air traffic, air traffic control, dispatching, including district and dispatching servicing, dispatching servicing of approach or airfield dispatching servicing of air traffic;

1.0.20. air traffic control (dispatching servicing of air traffic) - servicing of air traffic for the purpose of prevention of collisions of aircrafts with each other or the obstacles which are on the maneuvering area, accelerations of flow of air traffic and maintenance of the arranged flow;

1.0.21. airspace - airspace over the territory of the Azerbaijan Republic, the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic and internal waters;

1.0.22. the airport - the complex of constructions intended for acceptance and sending aircrafts and servicing of airborne transportations, having airfield, air terminal, other land constructions and the necessary equipment for these purposes;

1.0.23. aviation activities of special nature - the flights performed for the purpose of providing special types of servicing in such areas as agricultural industry, construction, aerial photography, topographical and spektrofotometrichesky shootings, observation and patrol, search and rescuing, air advertizing, etc.;

1.0.24. operational requirements - permissions and restrictions to the air operator certificate on operation of aircrafts, aircrew, routes, airfields, maintenance, transportation activities, exchange of equipment, compliance to masses and centering of aircrafts;

1.0.25. safety of flights - accomplishment of flights without plane crashes and incidents, without damnification of life, to health and property of the person and, in general, without causing any inconveniences;

1.0.26. flight time - general time from the moment of aircraft start of motion due to own draft for the purpose of take-off until its stop upon termination of flight.

Article 2. Legislation on aircraft

The legislation on aircraft consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and international treaties which party is the Azerbaijan Republic.

Article 3. Sovereignty of the Azerbaijan Republic concerning airspace

3.1. The airspace over the Azerbaijan Republic is component of the territory of the Azerbaijan Republic.

3.2. The Azerbaijan Republic has complete and exclusive sovereignty in airspace over the territory.

3.3. This Law is applied to the aircrafts belonging to the Azerbaijan Republic and being outside the territory of the Azerbaijan Republic in that measure as far as it does not contradict the legislation of that state on or over the territory of which the aircraft is at present.

Article 4. Functions of the state in the field of aircraft

4.0. Functions of the state in the field of aircraft the following:

4.0.1. regulation of safety of flights and aviation safety, and also control of ensuring such safety, of compliance of safety of flights and aviation safety, its land means and services to relevant international standards and recommended international practice (international requirements);

4.0.2. acceptance and application of the state program on aviation safety (the state program on protection of aircraft against acts of illegal intervention) and the state program on safety of flights;

4.0.3. ensuring servicing of air traffic, and also aviation telecommunication and information servicing;

4.0.4. regulation of activities of the airports, airfields, aviation organizations, systems of servicing of air traffic and control of these activities;

4.0.5. obligatory certification of all physical persons and legal entities which are engaged in the activities connected with civil aviation, aeronautical equipment and means according to this Law and the international requirements;

4.0.6. implementation of checks of activities of the legal entities and physical persons connected with aircraft, and taking measures to elimination of the revealed violations;

4.0.7. investigation of plane crashes and incidents, and also distribution of information among the aviation public for the purpose of their prevention;

4.0.8. regulation and coordination of search and rescue operations in aircraft;

4.0.9. acceptance of regulatory legal acts in the field of aircraft and control of their execution.

Article 5. Types of aircraft

5.1. The aircraft in the Azerbaijan Republic is subdivided into civil, experimental and state aviation.

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