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LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 10, 2017 No. 64-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning use of airspace and activities of aircraft

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 99, 100, 101; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 119; No. 21-I, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 136, 137; No. 22-I, Art. 140, 143; No. 22-II, Art. 144, 145; No. 22-III, Art. 149; No. 22-V, Art. 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 169; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 53, 55, 57; No. 8-I, Art. 62; No. 8-II, Art. 66, 72; No. 12, Art. 87; No. 22, Art. 116; No. 24, Art. 124; 2017, No. 4, Art. 7):

Item 1 of Article 476-1 to state 1) in the following edition:

"1. Collection for certification in the field of civil aviation (further - collection) is levied by authorized state body in the field of civil aviation for certification of the operator of civil aircrafts, the operator performing aviation works, the flight validity of the civil aircraft, type of the civil aircraft, copy of the civil aircraft, the organization for maintenance and repair of the aircraft equipment of civil aviation, the validity of airfield, the validity of helidrome on the organization of examination by service of aviation safety of the airport, suppliers of aeronautical servicing on confirmation of conformity to the requirements established by the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft.";

2) in Article 476-3:

5, 6 and 9 to state Items in the following edition:

"5. Rates of charge for certification of the validity of airfield constitute:

 

№. of payment order

Class (category) of airfield

Rate of charge for certification (MRP)

1

2

3

1.

class A or B or B / not categorized

1 349

2.

class A or B or B/category - I

1 604

3.

class A or B or B/category - II or III

2 078

 

6. Rates of charge for certification of the validity of helidrome constitute:

 

№. of payment order

Helidrome type

Helidrome class

Rate of charge for certification (MRP)

1

2

3

4

1.

Located at the level of surface

The class I, II, III which is not equipped

364

2.

The class I, II, III which is partially equipped

419

3.

The class I, II, III equipped

510

4.

Raised over surface

The class I, II, III which is not equipped

328

5.

The class I, II, III which is partially equipped

382

6.

The class I, II, III equipped

437

7.

Deck helidrome or vertopalub

The class I, II, III which is not equipped

255

8. 

The class I, II, III which is partially equipped

309

9. 

The class I, II, III equipped

328

".

"9. Rates of charge for certification of suppliers of aeronautical servicing constitute:

 

№. of payment order

Number of staff of the supplier of aeronautical servicing

Rate of charge for certification (MRP)

1

2

3

1.

from 201 persons above

12 600

2.

from 101 to 200 persons

324

3.

from 51 to 100 persons

313

4.

from 21 to 50 persons

302

5.

from 11 to 20 people

190

6.

to 10 people

180

Note: in case of expansion of field of activity of the certificate

10% of rate of charge for certification

";

exclude Item 10.

2. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 8-II, Art. 67, 70; No. 23, Art. 119; 2017, No. 1-2, of Art. 3; No. 4, Art. 7):

add Article 2 with Item 3 following of content:

"3. Medical examination, medical examination in the field of civil aviation are performed according to the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft.".

3. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, Art. No. 1-2, 3):

1) in table of contents:

add with headings of Articles 565-1 and 565-2 of the following content:

"Article 565-1. Violation of requirements for medical examination in the field of civil aviation

Article 565-2. Non-execution or improper execution of the plan of corrective actions or non-presentation of the notification by the supplier of aeronautical servicing";

to state heading of Article 570 in the following edition:

"Article 570. Violation of requirements for ensuring aviation safety";

Paragraph one of part one of Article 441 to state 2) in the following edition:

"1. Consumption of tobacco products in certain public places in which the legislation of the Republic of Kazakhstan establishes prohibition on consumption of tobacco products, except for the case provided by Article part five 564 of this Code -";

The subitem 6) to state 3) to part one of Article 563 in the following edition:

"6) variations from airways, route axes on distances of more established regulations, except as specified explicit safety hazard of flights and prevention of aviation incident;";

Paragraph one of part five of Article 564 to state 4) in the following edition:

"5. Creation by persons who are on the aircraft as passengers, the situation menacing to safety of flight -";

To add 5) with Articles 565-1 and 565-2 of the following content:

"Article 565-1. Violation of requirements for medical examination in the field of civil aviation

1. The non-compliance by the aviation medical expert with requirements for medical examination in the field of civil aviation constituting danger to accomplishment of flights

attracts penalty in the amount of hundred monthly settlement indicators.

2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of two hundred monthly settlement indicators.

3. Concealment by person who is directly connected with accomplishment and ensuring flights of aircrafts, servicing of air traffic, information on availability at it of the disease known to it and constituting danger to accomplishment of flights, during passing of medical examination

attracts penalty in the amount of two hundred monthly settlement indicators.

4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of four hundred monthly settlement indicators.

Article 565-2. Non-execution or improper execution of the plan of corrective actions or non-presentation of the notification by the supplier of aeronautical servicing

Non-execution or improper execution by the certificate holder of the supplier of aeronautical servicing of the plan of corrective actions at the scheduled time or non-presentation of the notification by the supplier of aeronautical servicing on changes of functional systems of the organization of air traffics

attracts penalty on small business entities in the amount of two hundred, on subjects of medium business - in the amount of five hundred, on subjects of big business - in the amount of two thousand monthly settlement indicators.";

Part the second Article 566 to state 6) in the following edition:

"2. Use of services of cellular, trunking communication onboard the aircraft at all stages of flight, radio-electronic means and high-frequency devices of household purpose at stages of taxing, ascent, landing approach of the aircraft, except for uses of cellular communication and radio-electronic means onboard the aircraft in the autonomous mode "in flight",

attracts the prevention or penalty in the amount of five monthly settlement indicators.";

Heading and part one of Article 570 to state 7) in the following edition:

"Article 570. Violation of requirements for ensuring aviation safety

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