On Use of Air Space of the Republic of Kazakhstan and Aviation Activity

The Law of the Republic of Kazakhstan dated 15 July 2010 No. 339-IV

Unofficial translation

      Note of RCLI!
      The order of enforcement of this Law of the Republic of Kazakhstan see Article 111

      This Law regulates public relations, linked with use of air space of the Republic of Kazakhstan and aviation activity, and determine the order of use of air space and activity for the purpose of protection of life and health of a human, environment, interests of the state, safety ensuring of the flights of aerial vehicles and satisfying the requirements of economics of the Republic of Kazakhstan and citizens in aviation services.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used:
      1) accident rescue operations – the set of measures, oriented to well-timed rendering of assistance to those suffering distress or distressed;
      2) air company – a legal entity, who has certification of air operator of civil aerial vehicles;
      3) air route certificate – the document to the right of use of aviation route for performance of regular flights;
      4) aviation – all types of organizations, the activity of which is oriented to creation of conditions and use of the air space by a human using the aerial vehicles;
      5) aviation works – the specialized operations, performed by the air operator with the use of civil aerial vehicles on behalf of other individuals and (or) legal entities;
      6) aviation security – safety activity of the aviation, ensured by prevention and preclusion of acts of illegal interruption to its activity;
      7) aviation activity – all types of activity, oriented to creation of conditions and use of the air space by a human using the aerial vehicles;
      8) aviation services – the services of civil aviation, linked with organization and ensuring of airborne transportation of passengers, luggage, cargo, postal matters and with performance of aviation works for payment or on hire;
      9) illegal interruption in aviation activity – unlawful act encroaching on safe aviation activity, entailed misfortunes with people, financial damage, despoliation or hijacking of aerial vehicle or created the threat of ensuing of such consequences;
      10) aviation route - air route or set of geographical descriptions of ground surface, above which their communication between the points of air carriage shall be carried out;
      11) aviation training centre – a legal entity, carrying out the training, re- training and maintenance of professional level of aviation personnel;
      12) aviation training centre certification – the standard type document, certifying the conformity of the aviation educational organization to certification requirements;
      13) certification of maintenance operations and repair of aviation equipment – the standard type document, certifying the conformity of the organization on maintenance operations and repair of aviation equipment to certification requirements;
      14) aviation personnel – individuals, who have the specialized and (or) professional training, carry out the activity on performance and operation of flights of aerial vehicles, airborne transportations and aviation works, maintenance operations of aerial vehicles, organization of air traffic maintenance, air traffic control;
      15) aerodrome section of the road – particular section of the road, authorized by the body in the scope of state aviation, used for takeoff and landing of aerial vehicles of the state aviation upon deciding official and military tasks and tasks of battle training;
      16) authorized body in the scope of civil aviation – the central executive body, carrying out the management in the field of use of the air space of the Republic of Kazakhstan and activity of the civil and experimental aviation;
      17) aeronautical standard of the international organization in the scope of civil aviation – the requirement, regulating organization and carrying out particular aspects of activity of the civil aviation, accepted by the international organization in the scope of civil aviation;
      18) organization of civil aviation – a legal entity, carry out the activity in the scope of civil aviation;
      19) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      20) air operator certification of civil aerial vehicles – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of the air operator to the Rules of certification procedure of air operators of the civil aerial vehicles and certification requirements;
      21) state registration certificate of civil aerial vehicle – the standard type document, issued by the authorized body in the scope of civil aviation and confirming the entry of the civil aerial vehicle in the public register of civil aerial vehicles of the Republic of Kazakhstan;
      22) air worthiness certification of civil aerial vehicle – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of civil aerial vehicle to the air worthiness standards;
      23) aerial vehicle suffered disaster – the aerial vehicle, received serious damage upon taxiing operation, flying-off, landing or crashing or fully destroyed, as well as the aerial vehicle committed unscheduled landing beyond the aerodrome;
      24) aerial vehicle suffering disaster – when an aerial vehicle or people on board are threatened by immediate danger or when radio communication is lost and location of this vehicle is unknown;
      25) flights of specific importance – the status assigned by the state bodies, authorized by the Government of the Republic of Kazakhstan on flights of aerial vehicles, as well as on route (flights) of their travel during airborne transportation of protected persons of the Republic of Kazakhstan;
      26) flying club – the legal entity that use the aerodrome (helicopter aerodrome), airport on the basis of property or other legal basis and carry out the activity of air operators of general aviation in cases, provided by this Law;
      27) aeronautical information – information, received in the results of collection, analysis and processing of data for the purpose of flight operations of aerial vehicles, air traffic maintenance and air traffic control;
      28) aeronautical information document – the document that contains information, and has significant importance for flight operations, air traffic maintenance and air traffic control, approved and published in the established manner;
      28-1) aeronautical service – the complete services, linked with air traffic maintenance, operation of radio equipment and means of communication, meteorological and search and rescue flight operations, provision of aeronautical information;
      29) aeronautical organization – the organization of civil aviation, carrying out air traffic maintenance and transfer of required meteorological information to the board of aerial vehicle, provision of aeronautical information for air space users and operation of radio equipment and means of communication;
      29-1) certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization – the standard type document, certifying the conformity of air traffic support body and (or) radio equipment and communications operation service of aeronautical organization with certification requirements;
      30 aerodrome – particular region of ground or water surface (including buildings, constructions and equipment), intended fully or partially for arrival, departure and movement of aerial vehicles over this surface;
      31) aerodrome (helicopter aerodrome) air worthiness certification – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of an aerodrome (helicopter aerodrome) to the standards of their operational suitability;
      32) aerodrome environs – the territory of ground surface with the centre in aerodrome check point and with the radius, determined by the authorized bodies in the scopes of civil and state aviation;
      33) aerodromemeteorological body – the service, located on aerodrome, intended for meteorological support of flights of aerial vehicles;
      34) aerodrome traffic – the traffic of aerial vehicles and means of transport on the maneuvering area of an aerodrome, as well as flights of all aerial vehicles in the region of aerodrome;
      35) aerodrome check point – the check point, determining the geographic location of an aerodrome;
      36) airport – the complex of constructions, intended for receipt and departure of aerial vehicles, service of airborne transportation and having an aerodrome, airport terminal, other required constructions and equipment for these purposes;
      37) airport activity – the activity, carried out by individuals and (or) legal entities in airports, linked with provision of airborne transportations, aviation works, flight operating safety and aviation security;
      38) certification of organization on inspection by the service of aviation security of airport – the standard type document, certifying the conformity of organization of inspection by the service of aviation security of airport with certification requirements;
      39) control zone of airport – the working area of airport, aerodrome, objects of aeronautical flight operations and the territory, adjoining to them, outbuildings, constructions, storage facilities, the access to which shall be controlled by the service of aviation security;
      40) aerial vehicle – the apparatus, maintained in the atmosphere due to its interaction with air, excluding the interaction with air, reflected from the ground (water) surface;
      41) a carrier – the air carrier who shall deliver all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) with crew team for one or several flights for a valuable consideration to the other party (freighter) in accordance with the contract of affreightment (charter) for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;
      42) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      43) a freighter – the individual or legal entity, concluded the contract of affreightment (charter) with air carrier (carrier) on transfer of all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) in use with crew team for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes;
      44) maximum certified takeoff weight of aerial vehicle – the maximal acceptable takeoff weight of aerial vehicle, mentioned in the type certification or air worthiness certification of civil aerial vehicle;
      45) flight of aerial vehicle – the movement of aerial vehicle on ground (water) surface and in air space from the beginning of takeoff roll (lift-off from the ground or water surface during vertical takeoff) until the end of roll operation (release of the flight strip without a stop) or wheels-on of the ground (water) surface during the vertical landing;
      46) use regime of air space – temporary procedure for use of particular elements of the structure of air space of the Republic of Kazakhstan, established for carrying out activity, requiring the specialized organization of use of the air space;
      47) air traffic – the movement of aerial vehicles, being in flight and on the maneuvering area of an aerodrome;
      48) air traffic maintenance – the inflight and information service, alarm reporting, dispatching service of air traffic (region dispatching service, approach dispatching service or aerodrome dispatching service);
      49) air traffic support body – the body of dispatching service of air traffic, centre of flight information or report centre, concerning the air traffic maintenance by the aeronautical organization;
      50) air traffic control – the complex process of planning, coordination, flight operations, immediate air traffic control of aerial vehicles on the ground and in the air, as well as control for compliance with established regime of flights and procedure for use of the air space;
      51) air traffic control body – the control centre or control unit of the state aviation, carrying out the control of air traffic within its competence and in the zones and regions, established for it;
      52) airborne transportation – the activity of individuals and legal entities on transportation of passengers, luggage, cargo and postal matters through the aerial vehicles;
      53) air path – the air space in the form of corridor intended for flights of aerial vehicles and equipped by aeronautical equipment;
      53-1) contract of affreightment (charter) – the contract of carriage (freight) according to which, a lessor (carrier) shall be obliged to assign all the seat capacity or part of the seat capacity of one aerial vehicle (or several aerial vehicles) to a lessee (freighter) for a valuable consideration for temporary possession and use for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;
      54) zone of responsibility – the air space of particular size in which the air traffic support body or control body of the air traffic carries out its functions;
      55) a passenger – an individual, not included to the composition of a crew team and transmitted on an aerial vehicle in accordance with the air carriage agreement or on the basis of other legal grounds;
      55-1) inspectorial breve – the act of individual nature, issued by the state aviation inspector following the results of state control and supervision to individuals and legal entities for elimination of detected violations;
      56) a member of cabin crew – a person, relating to aviation personnel that shall fulfill the obligations on the board of aerial vehicle, assigned to him (her) by an air operator or commander of aerial vehicle, but not being the member of flying crew on behalf of safety and for the purposes of passenger service and (or) transportation of cargos;
      57) commercial airborne transportation – the activity of legal entities on transportation of passengers, luggage, cargos and postal matters by the civil aerial vehicles or on hire in accordance with the air carriage agreement;
      58) State register of civil aerial vehicles of the Republic of Kazakhstan – the document, in which the state registration of civil aerial vehicles of the Republic of Kazakhstan, rights to them and transactions with them shall be made;
      59) air space of the Republic of Kazakhstan – the air space over dry land and water territory of the Republic of Kazakhstan, as well as over its territorial seas;
      60) Register of aerial vehicles of the state aviation of the Republic of Kazakhstan – the document in which the state registration of aerial vehicles of the state aviation of the Republic of Kazakhstan shall be made;
      60-1) irrevocable power – the power of an individual or legal entity, in favour of which the right to impose requirements for exclusion from the State register of civil aerial vehicles of the Republic of Kazakhstan (deregistration) and exportation of an aerial vehicle is given in accordance with the Minutes on aviation equipment to the Convention on international guarantees in relation to mobile equipment;
      61) danger zone – the air space of established sizes within which the activity, constituting the danger for flights of aerial vehicles may be carried out in particular periods of time;
      62) landing place – the plot of land, ice, water surface, surface of construction, as well as surface of floating structure intended for takeoff, landing, taxiing operation and parking stand of aerial vehicles;
      63) alternate aerodrome – the aerodrome on which the aerial vehicle may proceed in the case, if it is impossible or inadvisable to proceed on the aerodrome of planned landing or perform the landing on it;
      64) authorized body in the scope of state aviation – the central executive body, carrying out the management in the field of use of air space of the Republic of Kazakhstan and activity of the state aviation;
      65) meteorological information – the meteorological report, analysis, forecast and any other information, concerning the factual or expected meteorological conditions, intended for the users of air space;
      66) an air operator – an individual or legal entity, engaged in operation of civil aerial vehicles or rendering own services in this field;
      67) investigation – the process which includes collection and analysis of information, preparation of conclusions on aviation accidents or incident, including determination of its reasons and (or) contributing factors, and drawing up recommendations on safety ensuring, conducted for the purpose of its prevention;
      68) occasional flight (flight operation) – the flight (flight operation) that is not regular and performed for particular customer for the purpose of airborne transportation or without it;
      68-1) permanent supervision – the type of the state supervision for compliance with established requirements by individuals and legal entities, underwent certification procedure for the purpose of provision of safety aviation services to population;
      69) regular flight – the flight, performed in accordance with established and published schedule by the air company;
      70) forbidden zone – the air space of established sizes over the territory of the Republic of Kazakhstan within which the flight operations of aerial vehicles is prohibited without special permit;
      71) a helicopter – the aerial vehicle that is heavier than air which is maintained in flight generally due to reaction of the air with one or several lifting propellers rotating by the engine unit around the axes, being approximately in vertical position;
      72) helicopter aerodrome – the aerodrome or particular surface area on construction, intended fully or partially for arrival, departure and movement of helicopters over this surface;
      73) temporary aerodrome – the aerodrome, intended for flight operations of aerial vehicles in particular period of a year that does not have fixed structures and equipment, subject to registration in established manner;
      74) aircraft – the aerial vehicle that is heavier than air, put in motion by the engine unit, the ascensional power in which flight is created generally due to aerodynamic reactions on the surfaces, remained motionless in these conditions of flight;
      75) air worthiness - technical condition of aerial vehicle, conforming to the aircraft performance characteristics that provide its safety and flying quality;
      76) air worthiness standards –requirements to construction, parameters and flying qualities of aerial vehicles and their components, oriented to safety ensuring of flights;
      77) flight plan – particular information on planned flight or part of flight of aerial vehicle, represented by a pilot, crew team or air operator to the air traffic support bodies and (or) air traffic control bodies;
      78) flight operating safety – the complex of measures, ensuring safety conduct of flights whereby the risk of infliction of the harm to life or health of people or inflicting the harm to property is reduced to acceptable level and is maintained on this or lower level by continuous process of detecting the sources of danger and control of risk factors;
      78-1) flight tests – the flight, carried out for determination of characteristics of aerial vehicle, engine units, aviation and special equipment, weaponization and other aviation equipment, researches in the field of aerodynamics and strength of aerial vehicles, as well as their systems and (or) for determination of conformity of the civil aviation equipment to requirements of air worthiness;
      79) a member of flying crew – a person related to aviation personnel, having the valid aviation personnel certificate on which the obligations are imposed, linked with management of aerial vehicle within the flight time;
      80) restricted traffic area – the air space of established size over the territory of the Republic of Kazakhstan, within which the flights of aerial vehicles are restricted by particular conditions;
      81) typecertification – the document, confirming conformity of the construction with the form of civil aerial vehicle to the air worthiness standards;
      82) international airport – the airport ensuring the international airborne transportations in which the customs, border monitoring and sanitary and quarantine control is organized;
      83) international airborne transportation – the airborne transportation, upon performance of which the points of departure and destination independently from whether or not the suspension in transportation or transshipment located in:
      the territory of two and more states;
      the territory of one state, if the stop in the territory of another state is provided;
      84) temporary management of the airport by an air operator, admitted for carrying out of flights in international traffic – the mandatory conduct of the complex of administrative, legal, financial, organizational and technical and other measures and procedures in relation to air operator of the airport, admitted for carrying out flights in international traffic;
      85) international flight – the flight of aerial vehicle whereby the aerial vehicle crosses the border of the foreign state;
      85-1) search and rescue works – the complex of measures, conducted for the purpose of search and rescue of passengers and screw teams of aerial vehicles, suffered disaster, as well as search and provision of assistance to people upon emergency situations of natural and technogenic nature;
      86) a crew member – a person, relating to aviation personnel, intended for fulfillment of particular obligations on the board of aerial vehicle within the flight time;
      87) certificate of a crew member – the standard type document that shall be issued to crew members, maintenance personnel, ensuring technical support of flights, having valid aviation personnel certificates, and the personnel, ensuring safety of civil aerial vehicle in flight.
      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Sovereignty of the Republic of Kazakhstan over the air space

      1. Full and exceptional sovereignty over the air space, located over dry land and water territory of the Republic of Kazakhstan and its territorial seas shall belong to the Republic of Kazakhstan.
      2. Air space of the Republic of Kazakhstan is the part of its state territory.

Article 3. Legislation of the Republic of Kazakhstan, regulating the use of air space of the Republic of Kazakhstan and aviation activity

      1. Legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 4. Scope of application of this Law

      The force of this Law shall apply to:
      1) users of air space of the Republic of Kazakhstan;
      2) state, civil and experimental aviation within the Republic of Kazakhstan;
      3) state and civil aerial vehicles of the Republic of Kazakhstan during their being beyond the boundaries of the Republic of Kazakhstan, unless otherwise provided by the Laws of the state of aerial vehicle’s stay.

Article 5. Right of property to aviation facilities

      Aerial vehicles, aerodromes, helicopter aerodromes, airports, technical means and other property, required for organization, performance, support and operation of flights of aerial vehicles may be in the state and (or) private property.

Article 6. Types of aviation

      1. Aviation of the Republic of Kazakhstan shall be divided into state, civil and experimental aviation.
      2. State aviation is the aviation, being under the supervision of the authorized body in the scope of state aviation, internal affairs bodies, Frontier Service of the National Security Committee of the Republic of Kazakhstan, as well as other state bodies under decision of the Government of the Republic of Kazakhstan and used for the purpose of defence, security of the state, protection of public order.
      3. Civil aviation shall be the aviation, not included in composition of experimental and state aviation, used for the purpose of:
      1) transportation of passengers, luggage, cargo and postal matters (airborne transportations);
      2) performance of aviation works;
      3) conduct of educational, sport, social activities, development of technical creativity;
      4) satisfying personal needs of an air operator of aerial vehicle;
      5) conduct of search and rescue and accident rescue operations, rendering of assistance in case of natural disasters;
      6) provision of aeronautical service;
      7) maintenance operations and repair of aerial vehicles;
      8) carrying out of the airport activity and (or) aerodrome (helicopter aerodrome) service;
      9) designing of aerodromes and objects of civil aviation.
      Civil aviation, used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, for a valuable consideration or on hire shall be considered as commercial aviation.
      Civil aviation being in ownership of individuals and (or) legal entities and used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, not for a valuable consideration and not on hire, as well as for the purposes, mentioned in subparagraphs 3) and 4) of this paragraph shall be considered as the general aviation.
      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than five thousand seven hundred kilograms, including helicopters with maximum certified takeoff weight less than three thousand one hundred and eighty kilograms shall be considered as light aviation.
      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than seven hundred fifty kilogram, other flight facilities and auxiliary units shall be considered as ultralight aviation.
      4. Experimental aviation shall be considered as the aviation, intended for conduct of design and experimental, experimental, research scientific works and tests in the field of aviation and other equipment.

Article 7. Application of aeronautical standards of international organizations in the scope of civil aviation

      1. Aeronautical standards of international organizations in the scope of civil aviation, determined by the authorized body in the scope of civil aviation shall be applied in the territory of the Republic of Kazakhstan.
      2. Aeronautical standards of international organizations in the scope of civil aviation shall be compulsory for organization of civil aviation of the Republic of Kazakhstan, allowed to their application by the authorized body in the scope of civil aviation.
      3. Aeronautical standards of international organizations in the scope of civil aviation shall not relate to regulatory documents on standardization, the regulation of which shall be carried out in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. STATE REGULATION, control and supervision IN THE FIELD OF USE OF THE AIR SPACE OF THE REPUBLIC OF KAZAKHSTAN AND AVIATION ACTIVITY

      Footnote. Title of chapter 2 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. State regulation in the field of use of the air space of the Republic of Kazakhstan and activity of the aviation

      1. The objectives of the state regulation of use of the air space of the Republic of Kazakhstan and activity of the aviation are:
      1) provision of safety use of the air space of the Republic of Kazakhstan by its users, flight operations without threat to life and health of people, environment, interests of the state;
      2) establishment of general principles of carrying out the activity, linked with use of the air space and flight operations;
      3) satisfying the needs of economics of the Republic of Kazakhstan and citizens in aviation services.
      2. State regulation of use of the air space of the Republic of Kazakhstan and aviation activity within own competence shall be carried out by the Government of the Republic of Kazakhstan, authorized bodies in the scopes of civil and state aviation.

Article 9. State control and supervision in the field of use of the air space

      1. State control and supervision in the field of use of the air space shall be carried out for the purpose of prevention and (or) termination, and (or) restraint of violation of the procedure for use of air space of the Republic of Kazakhstan.
      2. State control and supervision in the field of use of the air space shall be carried out in the manner, established by this Law and other Laws of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. State control and supervision of the aviation activity

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. State control and supervision of the activity of state aviation shall be carried out in order to comply with requirements, established by the legislation of the Republic of Kazakhstan in the scope of use of the air space and activity of the aviation.
      2. State control and supervision of the activity of civil, experimental and state aviation shall be carried out by the authorized bodies in the scopes of civil and state aviation.
      3. Procedure for conduct of the state control and supervision of the activity of state aviation shall be established by the Government of the Republic of Kazakhstan.
      4. State control and supervision of the activity of civil and experimental aviation shall be carried out by the authorized body in the scope of civil aviation in the form of:
      1) verifications of the organizations of civil aviation, procedure for conduct of which shall be determined by the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan", with the exception of verifications, provided by subparagraph 2) of this paragraph;
      2) verifications for compliance of individuals and legal entities with safety requirements of the aerial vehicles’ flights and aviation security, procedure for conduct of which shall be determined by this Law;
      3) other forms of control and supervision, including the supervision and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security.
      5. Oversight and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security, as well as for the purpose of performance of recommendations following the results of investigation of aviation accidents and incidents shall be carried out on the basis of information, documents and materials, provided by individuals and legal entities to the authorized body in the scope of civil aviation in accordance with requirements of this Law.
      6. Following the results of verifications and other forms of control and supervision, the civil servants of the authorized body in the scope of civil aviation may draw up resulting documents (acts, inspectoral breves) and take enforcement actions, provided by this Law and other Laws of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10-1. Types of verifications for compliance with safety requirements of the flights of aerial vehicles and aviation security by individuals and legal entities

      1. Verifications of individuals and legal entities for compliance with safety requirements of the flights of aerial vehicles and aviation security shall be divided into following types:
      1) planned;
      2) unscheduled.
      The planned verification shall be assigned by the authorized body in the scope of civil aviation in relation to individual or legal entity, carrying out the activity in the scope of civil aviation, aerial vehicles and (or) their components, equipment, ensuring the flights of aerial vehicles on the basis of verification plan or program of permanent supervision, approved by the authorized body in the scope of civil aviation, in accordance with the risk assessment system and in recognition of established time intervals in respect of previous verifications for conformity with requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity and (or) international standards.
      Unscheduled verification shall be assigned by the authorized body in the scope of civil aviation in relation to individual or legal entity, carrying out the activity in the scope of civil aviation, aerial vehicles and (or) their components, equipment, ensuring the flights of aerial vehicles for conformity with requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity and (or) international standards.
      Depending on the purposes, the planned or unscheduled verifications shall be divided into following types:
      1) verification of an individual, carrying out the activity in the scope of civil and (or) experimental aviation, including organization, preparation and performance of flights by this person;
      2) verification of a legal entity, carrying out the activity in the scope of civil and (or) experimental aviation;
      3) platform verifications of civil aerial vehicles of foreign air operators.
      2. Planned and unscheduled verifications shall be carried out during working hours of the verified subject, established by internal regulations, unless otherwise established by the part two of this paragraph.
      Unscheduled verification may be carried out after working hours (night time, days of holidays or public holidays) in necessity cases of suppressing the violations immediately in the moment of their commission.
      Footnote. Chapter 2 is supplemented by Article 10-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10-2. Activity, subject to control and supervision on safety ensuring of flights and aviation security

      The activity, subject to control and supervision on safety ensuring of flights and aviation security in the scope of civil and experimental aviation shall include:
      1) operation of aerial vehicles, performance of flights and preparation to them;
      2) air traffic maintenance;
      3) provision of aeronautical information;
      4) meteorological support of flights;
      5) maintenance operations of aerial vehicles;
      6) aerodrome flight operations;
      7) radio-technical support of flights;
      8) electric lighting operation of flights;
      9) ornithological operation of flights;
      10) training and re-training of aviation personnel;
      11) organization of the aviation personnel certification by medical-flight examination boards;
      12) emergency and search and rescue support of flights;
      13) provision of civil aerial vehicles, objects and services of airport by fuel and lubrication materials and special liquids;
      14) provision of air operators of civil aerial vehicles and other consumers by the special vehicles and equipment;
      15) the activity, provided by paragraph 1 of Article 90 of this Law that may constitute a danger to the flight operating safety;
      16) aviation security precautions, provided by paragraph 2 of Article 105 of this Law.
      Footnote. Chapter 2 is supplemented by Article 10-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Procedure for conducting verifications for compliance of individuals and legal entities with safety requirements of flights and aviation security

      1. Verifications for compliance of individuals and legal entities with safety requirements of flights and aviation security shall be conducted by the authorized body in the scope of civil aviation in accordance with the principle of necessity and sufficiency.
      2. Verification shall be conducted by civil servants of the authorized body in the scope of civil aviation in accordance with the prompt sheet. The prompt sheet shall include a full requirement’s list of activities of individuals and legal entities, established by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, non-compliance of which shall entail security threat of flights and aviation security and may be the suppositions to aviation accident or incident.
      3. Verification shall be conducted on the basis of the act on assignment of verification by the authorized body in the scope of civil aviation. The act on assignment of the verification shall be drawn up on one individual or legal entity.
      For conduct of platform verifications of civil aerial vehicles of foreign air operators, the act on assignment of verification shall be drawn up without specification of particular individual or legal entity, but with compulsory specification of the name of airport (aerodrome) within the territory of which the verification shall be conducted.
      4. Upon verification, the civil servants of the authorized body in the scope of civil aviation shall represent:
      1) the act on assignment of verification;
      2) service certificate;
      3) prompt sheet.
      5. The term for conduct of verification shall be established in recognition of the scope of upcoming works, as well as imposed tasks and shall not exceed five business days.
      Verification may be suspended once for the term no more than one month.
      Notification of an individual or legal entity shall be performed in one day before suspension or resumption of verification.
      Upon suspension or resumption of verification, the act on suspension or resumption of verification shall be rendered. Calculation of the terms for conduct of suspended verification shall be continued from the date of its resumption.
      6. Beginning of conducting the verification shall be considered as the moment of handing of the act on assignment of verification to the verified person.
      7. In case of refusal of accepting the act on assignment of verification or non-admission of civil servants of the authorized body in the scope of civil aviation, carrying out verification, the minutes shall be drawn up for the objects and (or) materials, required for conducting verification. The minutes shall be signed by civil servant of the authorized body in the scope of civil aviation, carrying out verification, and by the verified person or his (her) authorized representative.
      The verified person shall have the right to refuse from signing the minutes, giving written explanation on the reasons of refusal. Refusal from accepting the act on assignment of verification shall not be a ground for cancellation of verification.
      8. Following the results of verification by the civil servant of the authorized body in the scope of civil aviation, carrying out verification, the act on results of verification in duplicates shall be drawn up.
      The act on results of verification shall include:
      1) date, time and place of drawing up the act;
      2) name of the authorized body in the scope of civil aviation;
      3) date and number of the act on assignment of verification, on the basis of which the verification is conducted;
      4) last name, first name, patronymic (in its existence if any) and office of a person, conducted verification;
      5) last name, first name, patronymic (in its existence if any) of the verified individual or name and requisites of a legal entity, and in case of conduct of verification of civil aerial vehicles of foreign air operators – all the verified individuals or legal entities and other persons, presented upon conduct of verification;
      6) date, place and period for conduct of verification;
      7) information on results of verification, as well as on detected violations, on their nature;
      8) information on familiarization or refusal of familiarization with the act of individual or legal entity, as well as the persons, presented upon conduct of verification, their signatures or record on refusal from signing;
      9) signature of the civil servant conducting verifications.
      The act on results of verification shall be enclosed (in its existence if any) by conclusions of conducted research (tests), expertise and other documents or their copies, linked with results of verification.
      9. In case of existence of comments and (or) objections regarding the results of verification, the verified subject shall state them in writing. Remarks and (or) objections may be enclosed to the act on results of conducting verification, about which the relevant note shall be made.
      10. One copy of the act on results of verification with copies of annexations, with the exception of copies of documents, being in the original in possession of the verified person, shall be presented to the verified person or his (her) authorized representative for familiarization and taking measures on elimination of detected violations and other actions.
      11. In the absence of violations of the legislation of the Republic of Kazakhstan in the field of use of air space of the Republic of Kazakhstan and aviation activity, the relevant record shall be made in the act on results of verification during conduct of verification.
      12. Completion of verification shall be the date of presenting the act on results of verification to the verified person no later than the term of completion of verification, mentioned in the act on assignment of verification.
      Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated -04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Results of the state control and supervision on safety ensuring of flights and aviation security

      1. In case of detection of requirements violation of the legislation of the Republic of Kazakhstan in the field of use of air space of the Republic of Kazakhstan and aviation activity, the inspectoral breves shall be issued to individuals and legal entities on elimination of violations by the state aviation inspectors.
      In case of constituting threat to flight operating safety, the state aviation inspectors shall issue inspectoral breves with requirement on termination of the operation of aerial vehicle or termination of particular actions of inspected air operator or organization of civil aviation and (or) aviation personnel.
      2. Inspectoral breve shall be presented to individual or legal entity or their representatives personally or by other method, confirming the fact of departure and receipt.
      Last name, first name, patronymic (in its existence if any) of individual or the name of legal entity, date of issue of inspectoral breve, basis for directing the inspectorial breve, requirement on elimination of detected violations and terms of fulfilling the inspectoral breve, procedure for appeal shall be specified in inspectoral breve.
      3. Inspectoral breve, directed by registered mail with notice in electronic form by electronic communication channels, ensuring guaranteed message delivery shall be considered as presented from the date of receipt of notification by a postal operator on receiving the postal matter by an addressee or upon expiry of five business days from the date of directing the notification in electronic form.
      4. Inspectoral breve shall be compulsory for fulfillment by individuals and legal entities, carrying out the activity in the scope of civil and (or) experimental aviation.
      5. Non-fulfillment of inspectoral breve shall be the ground for suspension of the action or revocation of certification (certificate) for carrying out of the activity in the scope of civil and (or) experimental aviation and shall entail responsibility, established by the Laws of the Republic of Kazakhstan.
      Inspectorial breves, issued by the state aviation inspectors may be appealed to superior civil servant or in court.
      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12-1. Flight operating safety program of civil aviation

      1. The authorized body in the scope of civil aviation shall develop a program on flight operating safety in accordance with the standards of International civil aviation organization (ICAO), which shall:
      1) represent the management system of the flight operating safety in civil aviation in the field of civil aviation;
      2) establish effective integrity of international standards and recommended practice, linked with management system of the flight operating safety;
      3) oriented to achievement of the high level of risk management of the flight operating safety and permanent reduction of the quantity of aviation accidents and incidents.
      2. Flight operating safety program in civil aviation shall include:
      1) the policy and purposes in the field of safety at the state level;
      2) risk management, linked with the flight operating safety at the state level;
      3) safety ensuring of the civil aviation at the state level;
      4) promotion to development of the state aviation safety at the state level.
      Footnote. Chapter 2 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Competence of the Government of the Republic of Kazakhstan in the field of use of air space and activity of aviation

      The government of the Republic of Kazakhstan shall:
      1) develop main principles of the state policy in the field of use of air space and aviation activity;
      2) carry out international cooperation in the field of use of air space;
      3) determine the authorized bodies in the scopes of civil and state aviation;
      3-1) approve the program on flight operating safety in the scope of civil aviation;
      3-2) approve the program of simplifying formalities during international airborne transportations, representing the set of measures, designed for assistance of establishing the procedures for the purpose of simplifying formalities in the state aviation of the Republic of Kazakhstan;
      4) approve the Rules of use of air space of the Republic of Kazakhstan;
      5) approve the Fundamental rules of flights in air space of the Republic of Kazakhstan;
      6) approve the Rules of organization and operation of the flights of special importance of the Republic of Kazakhstan;
      7) approve the Rules of radio-technical support of flights and aviation radio communication in civil aviation;
      8) approve the Rules of providing the aeronautical information for air operators of aerial vehicles;
      9) approve the air worthiness standards of civil aerial vehicles of the Republic of Kazakhstan;
      10) approve the Rules of certification procedure and issuing the type certification;
      10-1) approve the Rules of certification procedure and issuing the certificates of conformity of the civil aerial vehicle example to the airworthiness standards;
      11) approve the Rules of certification procedure and issuing the airworthiness certification of the civil aerial vehicle of the Republic of Kazakhstan;
      12) approve the Rules of certification procedure in the scope of ultralight aviation;
      13) approve the Rules of technical operation and repair of civil aerial vehicles of the Republic of Kazakhstan;
      14) approve the Rules of certification procedure and issuing the certification of organizing on maintenance operation and repair of aviation equipment of civil aviation;
      15) approve the Rules of certification procedure and issuing the certification of aviation training centre of civil aviation;
      15-1) approve the Rules of certification procedure and issuing the certification of air traffic support body and (or) radio equipment and communications operation service of aeronautical organization, as well as certification requirements, imposed to air traffic support bodies and (or) radio equipment and communications operation service of aeronautical organization;
      16) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      17) approve the Rules of professional training of aviation personnel, immediately participated in safety ensuring of flights;
      18) approve the list of offices and professions of aviation personnel of civil and experimental aviation, subject to attestation;
      19) approve the Rules of organizing the working hours and breaks of members of the crew team of aerial vehicles of civil and experimental aviation of the Republic of Kazakhstan;
      20) approve the Rules of certification procedure and issuing the air operator certification of civil aerial vehicles;
      21) approve the Rules of admission of an air operator to aviation works;
      22) approve the Rules of admission of an air operator to the flights of general aviation;
      22-1) approve the Rules of admission of the civil aviation of the Republic of Kazakhstan to the application of aeronautical standards of international organizations in the scope of civil aviation;
      23) approve the standard provision on flying clubs;
      24) approve the Rules on organizing the flying works in civil aviation of the Republic of Kazakhstan;
      25) approve the Rules of organizing the works of flight attendants in the state aviation of the Republic of Kazakhstan;
      26) approve the Rules of certification procedure and issuing the airworthiness certification of the aerodrome (helicopter aerodrome);
      27) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      28) confirm the airworthiness standards to operation of aerodromes (helicopter aerodrome);
      29) approve the methods of conformity assessment to the air worthiness standards of aerodromes (helicopter aerodromes) to the operation of civil aerial vehicles;
      30) approve the Rules of aerodrome maintenance in the civil aviation;
      31) approve the Rules of electric lighting operation of flights of the civil aviation of the Republic of Kazakhstan;
      32) approve the Rules on organizing the works of special transport in the airports of the Republic of Kazakhstan;
      33) approve the Rules of provision of aviation fuel and lubrication materials of civil aerial vehicles;
      34) approve the Rules of storage, preparation to dispensing for fueling and conduction of the quality control of aviation fuel and lubrication materials and special liquids in organizations of civil aviation of the Republic of Kazakhstan;
      35) approve the Rules of ornithological operation of flights of civil aerial vehicles in the Republic of Kazakhstan;
      36) approve the Rules of organization of passenger service in the airports of the Republic of Kazakhstan;
      37) approve the Rules of fire prevention in civil aviation of the Republic of Kazakhstan;
      38) approve the Rules of accident rescue flight operation in the airports of the Republic of Kazakhstan;
      39) approve the standard type provision on service of air transportation organization;
      40) approve the standard type provision on service of aviation security;
      41) approve the standard type provision on production and the dispatchment service of the civil aviation organization;
      42) approve the Rules of issuing the permits for carrying out the activity that may constitute a threat to flight operating safety of aerial vehicles;
      43) approve the Rules of certification procedure and issuing the certification on organization of inspection by aviation airport safety service;
      44) approve Instruction (program) on aviation security of the civil aviation of the Republic of Kazakhstan;
      45) approve the Rules of preflight and special inspections of aerial vehicles;
      46) approve the list of offices of the heads and specialists of the aviation safety services of civil aviation organizations of the Republic of Kazakhstan, as well as qualification requirements to these offices;
      47) approve the certification requirements to air operators of civil aerial vehicles;
      48) approve the certification requirements to aviation training centres;
      49) approve certification requirements to organizations on maintenance operations and repair of aviation equipment;
      50) approve requirements to organizations on provision of the civil aerial vehicles by fuel and lubrication materials;
      51) approve the certification requirements on organization of inspection by the aviation airport safety service;
      52) approve technical regulations in the scope of civil aviation;
      53) approve the rules of tendering process to international air routes and issuance of international route certificates for rendering of services on transportation of passengers, luggage, cargos and postal matters;
      53-1) approve the rules of admission of air companies to performance of regular inland commercial airborne transportations;
      54) approve the Rules of subsidization of air routes;
      54-1) approve the rules of tendering process to subsidiary air routes and issuance of certificates to subsidiary air routes for rendering of services on transportation of passengers, luggage, cargos and postal matters;
      55) approve the Rules of aviation security of the Republic of Kazakhstan;
      56) approve the Rules of conducting the quality control for compliance with aviation security;
      57) adopt decision on admission of the airports to international flight operations of aerial vehicles;
      58) approve the special list of the civil servants of the Republic of Kazakhstan, transported on aerial vehicle, in relation to which the inspection shall not be carried out;
      59) approve the list of persons, serviced in the special designated rooms of the airports of the Republic of Kazakhstan;
      60) approve the list of hazardous substances and subjects, as well as all types of drugs, prohibited to transportation by passengers on the civil aerial vehicles;
      61) perform the other powers, imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Competence of the authorized body in the scope of civil aviation in the field of use of the air space and aviation activity

      1. The authorized body in the scope of civil aviation within its competence shall:
      1) carry out the state regulation, state control and supervision of compliance of individuals and legal entities with the legislation of the Republic of Kazakhstan on use of the air space of the Republic of Kazakhstan and aviation activity and (or) with international standards;
      2) carry out implementation of the main principles of the state policy in the field of use of air space and activity of civil and experimental aviation;
      3) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) approve the Rules of performing the flights in civil aviation of the Republic of Kazakhstan;
      5) approve the Instruction on organization and air traffic maintenance;
      6) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      7) suppress the violation of procedure for use of the air space by civil aerial vehicles;
      8) maintain records of violations of the procedure for use of air space of civil and experimental aviation;
      9) approve the documents of aeronautical information;
      10) carry out the international cooperation, including the representation of the Republic of Kazakhstan in international organizations of civil aviation;
      11) participate in conclusion of international treaties of the Republic of Kazakhstan in the scope of civil aviation;
      12) approve the Rules of issuance and grounds for refusal in issuance of permits for performance of international occasional flights;
      13) approve the Rules of retirement of aerial vehicles;
      14) approve the standard type instructions on flight operating safety management of the air operators of civil aerial vehicles, in the airports, upon air traffic maintenance, upon maintenance operation of aerial vehicles;
      15) approve the standard type programs of professional training of aviation personnel, participating in safety ensuring of flights;
      15-1) approve the Rules of testing for determination of language proficiency level, used in radiotelephone communication;
      15-2) coordinate the programs of professional training of aviation personnel by the aviation training centres and organizations of civil aviation;
      16) issue aviation personnel certificate to a person, related to aviation personnel for the right to carry out professional training, confirming existence of his (her) necessary knowledge and skills, as well as conformity of his (her) health to established requirements, shall extend the validity of certificate, revoke, suspend the force of this certificate, integrate qualifying and special notes into certificate;
      17) carry out the certification procedure and issuing the air operator certification of civil aerial vehicles, certificate for the right to perform aviation works, certification of aviation training centre, certification of organization on maintenance operation and repair of aviation equipment of civil aviation, type certification, airworthiness certification of the aerodrome (helicopter aerodrome), airworthiness certification of civil aerial vehicle, certificate on organization of inspection by the aviation security service of the airport, export airworthiness certification of aerial vehicle, certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization;
      18) make amendments and additions in effectual certifications, issued by the authorized body in the scope of civil aviation, refuse in issuance of certifications, revoke, suspend the validity of certifications, upon non-compliance with certification requirements by the owners;
      19) carry out the issue of a certificate for the right to perform the flights for the air operators of general aviation;
      20) approve the standard norms of the number of personnel of subjects, rendering the services in the scope of airports and flight navigation;
      21) approve the standard specifications of raw materials and materials consumption, technical losses of the subjects, rendering the services in the scopes of airports and flight navigation;
      22) approve the Rules of appropriation of time intervals for maintenance of aerial vehicles in the airports of the Republic of Kazakhstan;
      23) approve the schedule of regular flights of foreign air carriers, as well as Instruction on approval of the schedule of regular flights of foreign air carriers on international air routes of the Republic of Kazakhstan;
      24) approve the Instruction of calculating self-cost of the flight hour upon performance of the flights on subsidiary routes;
      25) approve the list of hazardous cargos, intended for transportation by civil aerial vehicles;
      26) issue permits for carrying out the activity that may constitute the threat to flight operating safety of civil aerial vehicles;
      27) carry out the coordination of programs on aviation security of the airport and air operators of civil aerial vehicles of the Republic of Kazakhstan and foreign states, performing regular flights to the airports of the Republic of Kazakhstan;
      28) carry out the coordination of the activity in the field of aviation security between interested state bodies, shall assist to the state bodies in investigation of the acts of unlawful interference in the activity of civil aviation, shall work out the measures on their prevention;
      29) approve the types and forms of passes for the right of passage, transit to the control zone of the airport;
      30) approve the programs of training and re-training of the aviation security service specialists, civil servants of the authorized body in the scope of civil aviation on the issues of aviation security and flight operating safety;
      31) carry out the control and supervision of representing the air traffic maintenance, radio-technical and meteorological support of flights in the scope of civil aviation, as well as verification of the activity and quality of the rendered services;
      32) carry out the control and supervision of the conformity with requirements of flight and technical operations of aviation equipment and means of its ground servicing;
      33) carry out the control and supervision of the conformity of the condition of aerial vehicle, its components, spare parts and auxiliary instruments with requirements of the airworthiness certification issued to an air operator and with requirements of operations documentation, determining the air worthiness;
      34) carry out the control and supervision of compliance with requirements and regulations, established in accordance with this Law by the persons, related to aviation personnel;
      35) carry out the control and supervision of ensuring the established requirements and regulations on the issues of professional training and health condition of aviation personnel by the organizations of civil aviation;
      36) carry out the control and supervision of the content of the objects of aerodromes (helicopters), landing places and quality of services of airport activity, provided by subparagraphs 1) – 7), 9) and 10) of paragraph 1 of Article 65 of this Law;
      37) keep the records of violation of safety requirements of flights and aviation security in the scope of civil aviation;
      38) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      38-1) carry out the control of search and rescue and accident rescue flight operations in the scope of civil and experimental aviation;
      39) develop and approve the forms of prompt sheets and approve the semi-annual plans of conducting the verifications;
      40) develop and approve the forms of compulsory departmental reporting on the issues of verifications of civil aviation organizations;
      41) develop and approve the risk assessment criteria of the civil aviation organization’s activity;
      41-1) determine the procedure for use of the air space over the capital and capital airport in concurrence with the authorized body in the scope of state aviation in accordance with the Rules of use of air space of the Republic of Kazakhstan;
      41-2) carry out the monitoring of conformity of the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity with the standards and recommended practice of the International Civil Aviation Organization (ICAO);
      41-3) ensure the well-timed notification of the International Civil Aviation Organization (ICAO) on existing differences with the standards and recommended practice of the International Civil Aviation Organization (ICAO) and their publication in the documents of aeronautical documents;
      41-4) organize the works on investigation of aviation accidents and incidents of civil aviation in the territory of the Republic of Kazakhstan in accordance with the Rules of investigating the aviation accidents and incidents, confirmed by the Government of the Republic of Kazakhstan;
      41-5) participate in investigation of aviation accidents and incidents of civil aviation in the territory of other states, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators of aerial vehicles shall be individuals or legal entities of the Republic of Kazakhstan;
      41-6) give recommendations for the purpose of prevention of aviation accidents and incidents or reducing their consequences, as well as carry out analysis of performing such recommendations;
      41-7) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators being the individuals or legal entities of the Republic of Kazakhstan;
      41-8) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles of the air operators of foreign states in the territory of the Republic of Kazakhstan;
      41-9) participate in the statistical data exchange with international organizations of civil aviation;
      41-10) cooperate with bodies of foreign states and international civil aviation organizations, responsible for investigation of aviation accidents and incidents;
      41-11) cooperate with the interested state bodies of the Republic of Kazakhstan on the issues of investigation of aviation accidents and incidents;
      41-12) ensure the safety of profs upon investigation of aviation accidents and incidents;
      41-13) ensure the integrity of confidential information on flight operating safety;
      41-4) develop, introduce, study and maintain the system of compulsory and voluntary representation of data on aviation accidents and incidents, including the mechanisms of collection, evaluation, processing, storage and registration of aviation events;
      41-15) participate in information exchange on flight operating safety at the state and international levels and in distribution of information on aviation events;
      41-16) carry out the collection and analysis of information, linked with the flight operating safety of civil aviation, as well as composition and bringing of such information to notice of individuals and legal entities, carrying out the activity in the scope of civil aviation. The analysis shall not require the disclosure of the information sources;
      42) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.
      2. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Competence of the authorized body in the scope of state aviation in the field of use of the air space of the aviation activity

      The authorized body in the scope of state aviation within its competence shall:
      1) carry out the state regulation and state control and supervision of the use of air space and state aviation activity;
      2) carry out the implementation of main principles of the state policy in the field of use of air space and activity of the state aviation;
      3) take measures on reflection of air attack or prevention and (or) termination of the violation of the State Boundary of the Republic of Kazakhstan in the air space, as well as on liquidation of using the force or threat to use the force against sovereignty, territorial integrity and security of the Republic of Kazakhstan;
      4) suppress the violation of the order of using the air space of the Republic of Kazakhstan;
      5) develop and confirm the list of forbidden zones and restricted areas in concurrence with the Safeguard Service of the President of the Republic of Kazakhstan with the national security bodies;
      6) establish the regimes and short-term restrictions to use the air space in accordance with the Rules of using the air space of the Republic of Kazakhstan;
      7) issue special permits for flying over the territory of forbidden zones and restricted areas after coordination with the Safeguard Service of the President of the Republic of Kazakhstan and national security bodies;
      8) issue the permits for performance of international flights by aerial vehicles of foreign states beyond the special appropriated corridors of crossing the State Boundary of the Republic of Kazakhstan in the air space;
      9) coordinate the permits for performance of international flights by aerial vehicles of the state aviation of foreign states;
      10) keep the records of violations of the order of using the air space of the Republic of Kazakhstan by the state aviation;
      11) approve the Rules of performing the flights of the state aviation of the Republic of Kazakhstan;
      12) approve the Instruction on prevention of aviation accidents and incidents in the state aviation of the Republic of Kazakhstan;
      13) approve the Rules of aviation-engineering support of the state aviation of the Republic of Kazakhstan;
      14) approve the Rules of navigational support of the state aviation of the Republic of Kazakhstan;
      15) approve the Instruction on state, registration and additional identification marking on aerial vehicles of the state aviation of the Republic of Kazakhstan;
      16) approve the airworthiness standards to the operation of aerodromes (helicopter aerodromes), aerodrome sections of the road and operational requirements submitted to the aerodromes of the state aviation of the Republic of Kazakhstan;
      17) approve the Rules of operating the aerodromes (helicopter aerodromes) of the state aviation of the Republic of Kazakhstan;
      18) approve the Register of aerodromes, aerodrome sections of the roads of the state aviation and procedure for its maintenance;
      19) issue decision on air worthiness to the use of aerodromes (helicopter airdromes) of the state aviation;
      20) keep records of the violation of requirements of the flight operating safety of the state aviation, carry out the classifying of aviation accidents and incidents, the control of the state bodies’ activity on conducting the investigations of aviation accidents and incidents in the scope of state aviation;
      21) approve the program on safety ensuring of the state aviation flights, organize and conduct measures on flight operating safety management in the state aviation;
      22) approve the Rules of certifying the aviation personnel of the state aviation and issue certificate to a person, related to aviation personnel of the state aviation for the right to carry out professional activity, confirming the existence of his (her) necessary knowledge and skills, as well as conformity of his (her) health to established requirements;
      23) determine the list of offices of the state aviation workers, ensuring the flight operating safety;
      24) approve the Instruction on aviation search and rescue service of the state aviation of the Republic of Kazakhstan;
      25) approve the Rules of medical maintenance of the state aviation of the Republic of Kazakhstan;
      26) approve the Rules of meteorological support of flights of the state aviation of the Republic of Kazakhstan;
      27) approve the Rules of ornithological flight operations of the state aviation of the Republic of Kazakhstan;
      28) approve the Rules of registering the aerial vehicles of the state aviation of the Republic of Kazakhstan;
      29) approve the Instruction on air traffic control;
      30) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Certification procedure in the scope of civil aviation

      1. The conformity of aerial vehicles, aerodromes and aviation services, provided by this Law with requirements of the legislation of the Republic of Kazakhstan on the use of air space of the Republic of Kazakhstan and aviation activity shall be confirmed upon certification procedure in the scope of civil aviation.
      2. Protection of life and health of a human, environment, interests of the state, safety ensuring of flights of aerial vehicles and aviation security, satisfaction of needs of economics and citizens in the quality aviation services shall be the purpose of certification procedure.
      3. Certification procedure shall be carried out by the authorized body in the scope of civil aviation in cases established by this Law.
      The fee for certification procedure in the scope of civil aviation shall be collected in the manner and amount, determined by the Code of the Republic of Kazakhstan “On taxes and other compulsory payments to the budget” (Tax Code). Certification procedure in the scope of civil aviation shall be carried out after the payment of mentioned fee to the state budget. (Note of RCLI. Item shall be enforced from 01.01.2014).
      As from the date of issuance, the certification (certificate for performance of aviation works) shall confirm the conformity of an applicant to certification requirements and shall provide the right of carrying out the permitted types of activity to him (her).
      4. The authorized body in the scope of civil aviation shall issue the certification (certificate for performance of aviation works) to an applicant upon conformity with certification requirements, approved by the Government of the Republic of Kazakhstan.
      The process of certification procedure of air operators or civil aviation organizations shall provide certification inspection of their conformity with established certification requirements, including the evaluation of their financial and economic regulation for safety ensuring of flights.
      Within the frame of certification inspection, an applicant shall be obliged to demonstrate ability and funds, required for performance of the functions, linked with requested types of activity.
      5. Upon certification procedure, the authorized body in the scope of civil aviation shall carry out the certification inspection for:
      1) compliance with certification requirements, applied to civil aviation organizations subject to certification procedures before issuance of the certification (certificates for performance of aviation works);
      2) performance (application) of a corrective actions plan, approved by the authorized body in the scope of civil aviation in accordance with the legislation of the Republic of Kazakhstan on using the air space of the Republic of Kazakhstan and aviation activity.
      6. Certification inspection, provided by paragraph 5 of this Article shall be:
      1) carried out with the use of instruction material, developed by the authorized body in the scope of civil aviation for the state aviation inspectors on conducting the certification inspection;
      2) present the relevant results of certification inspection to the verified individuals and legal entities.
      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-1. Permanent supervision of safety ensuring of flights

      1. The authorized body in the scope of civil aviation shall carry out the permanent supervision of safety ensuring of flights by individuals and legal entities.
      Air operators and civil aviation organizations, certified by the authorized body in the scope of civil aviation shall be subject to permanent supervision of safety ensuring of flights.
      2. Upon carrying out the permanent supervision, the authorized body in the scope of civil aviation shall verify:
      1) maintenance of the conformity with certification requirements and requirements of the legislation of the Republic of Kazakhstan on using the air space of the Republic of Kazakhstan and aviation activity;
      2) performance of the corrective actions plan in accordance with Article 16-3 of this Law.
      3. Verification, provided by paragraph 2 of this Article shall:
      1) be carried out with the use of instruction material, developed by the authorized body in the scope of civil aviation for the state aviation inspectors on conducting the permanent supervision;
      2) represent the relevant results of supervision of the flight operating safety to the verified individuals and legal entities;
      3) be based on the results of previous supervision and priorities in the field of flight operating safety within established flight operating safety management system of air operators and civil aviation organizations;
      4) represent information on the existence or absence of violations for taking measures to the authorized body in the scope of civil aviation in accordance with Article 16-3 of this Law.
      4. Conduct of the permanent supervision shall be carried out due to scheduled verifications of the air operators and civil aviation organizations within the program on ensuring of permanent supervision.
      5. Individuals and legal entities, carrying out the activity in the scope of civil aviation within or beyond the boundaries of the Republic of Kazakhstan shall represent information, documents, confirming permanent compliance with certification requirements upon carrying out of own activity, and shall be obliged to ensure the access of the state aviation inspectors to information, documents, products, parts and equipment being the subject of certification procedure in the places and zones, being in their maintenance on the basis of certifications (certificates for performing the aviation works), issued by the authorized body in the scope of civil aviation.
      6. The authorized body in the scope of civil aviation shall acquire and process data for performance of functions of permanent supervision, including the data for evaluation of financial and economic regulation of air operators and civil aviation organizations for adoption of decisions on conduct of unscheduled verifications.
      Footnote. Chapter 2 is supplemented by Article 16-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-2. Program on ensuring the permanent supervision

      1. The authorized body in the scope of civil aviation shall annually accept the program on ensuring the permanent supervision that means the set of measures, conducted by the authorized body in the scope of civil aviation, on the maintenance of conformity of the certified air operators and civil aviation organizations with the certification requirements.
      2. The program on ensuring the permanent supervision shall be developed in recognition of the risk assessment criteria of air operators, including the evaluation of financial and economic regulation of air operators and civil aviation organizations, and seize the types of activity, provided by the certification (certificate for the performance of aviation works).
      Air operators and civil aviation organizations shall present information on financial and economic regulation to the authorized body in the scope of civil aviation on a quarterly basis in the form, approved by the authorized body in the scope of civil aviation.
      3. The program on ensuring the permanent supervision shall include planning of verifications, interaction with civil servants of air operator and civil aviation organizations on the issues of supervision and registration of the results of conducted verifications.
      Footnote. Chapter 2 is supplemented by Article 16-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-3. Level of violation of established requirements, detected upon carrying out the permanent supervision, and measures of elimination of violations

      1. Detected violations following the results of permanent supervision shall be divided into violations of the first and second levels depending on the level of violation of the requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity.
      2. The violations of the first level shall include essential violations of requirements, established by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity that constitute immediate threat to the flight operating safety.
      Violation of the first level shall include:
      1) refusal in access to the objects of air operator and (or) civil aviation organizations (including aerial vehicles, buildings, constructions, parking shelters, fuel storage depots, working premises and on the territory) of the state aviation inspector;
      2) receipt of certification (certificate for the performance of aviation works), maintenance of the conformity to certification requirements by an air operator or civil aviation organization by falsification of presented documents;
      3) commission of illegal actions or illegal use of the certification (certificate for the performance of aviation works) by an air operator or civil aviation organization;
      4) introduction of amendments and (or) additions in documentation, subject to approval by the authorized body in the scope of civil aviation in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity without the relevant approval by this body;
      5) non-presentation of the corrective actions plan within established term by an air operator or civil aviation organization to the authorized body in the scope of civil aviation for conducting its evaluation or non-performance of corrective actions within the terms, established or extended by the authorized body in the scope of civil aviation, upon violation of the second level;
      6) in other cases, on the basis of which the validity of certification (certificate for the performance of aviation works) shall be suspended or the certification (certificate for the performance of aviation works) shall be revoked in accordance with this Law.
      3. The violations of the second level shall include all the violations of requirements, established by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity that are not included in the violations of the first level.
      4. Upon detection of the violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity during the carrying out of the state supervision, the authorized body in the scope of civil aviation or the state aviation inspector shall direct the breve with requirement of taking corrective actions to the air operator or civil aviation organization for elimination of detected violation.
      In case of necessity, the authorized body in the scope of civil aviation shall inform the competent body of the foreign state in which the aerial vehicles are registered.
      5. Upon violation of the first level, the authorized body in the scope of civil aviation shall take measures on revocation of certification (certificate for the performance of aviation works) or its full or partially limitation or suspension in the cases and in the manner, established by this Law before the moment of elimination of detected violations by the air operator or civil aviation organization.
      6. In case of violation of the second level, the authorized body in the scope of civil aviation shall:
      1) establish the term for eliminating the detected violations, not exceeding three months from the moment of detecting the violation. The air operator or civil aviation organization shall develop the plan of corrective actions on eliminating the detected violations within the terms, established by the authorized body in the scope of civil aviation. Established term for eliminating the violation may be extended on condition of explanation of necessity for change of the terms of approved corrective actions plan;
      2) approve the corrective actions plan or return it for modification with explanation on the basis of evaluation of measures, proposed by the air operator or civil aviation organization on elimination of detected violations.
      7. The authorized body in the scope of civil aviation shall control the presentation of the corrective actions plan and (or) performance of corrective actions within the terms, established by plan by the air operator or civil aviation organization.
      The mentioned plan shall be presented to the authorized body in the scope of civil aviation within ten days term from the moment of receiving inspectoral breve by the air operator or civil aviation organization.
      8. The authorized body in the scope of civil aviation shall keep records of all detected violations, taken measures and established terms for their elimination, including corrective actions from the side of air operators and civil aviation organizations.
      Footnote. Chapter 2 is supplemented by Article 16-3 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-4. Control of safety ensuring of flights

      1. The authorized body in the scope of civil aviation shall carry out the control of safety ensuring of the flights by individuals and (or) legal entities, the activity of which shall not be subject to certification procedure by the authorized body in the scope of civil aviation, but relate to the activity, provided by Article 10-2 of this Law.
      2. The control shall be carried out by the planned and unscheduled verifications of individuals and (or) legal entities, oversights and analysis of their activity for compliance with safety requirements of the flights of aerial vehicles.
      Conduct of planned verifications shall be carried out on the basis of prompt sheets and within the terms, established by the verification plan.
      The grounds for unscheduled verification of individuals and (or) legal entities upon carrying out of the control shall be:
      1) control of performing the inspectoral breves on elimination of detected violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the result of verification and other forms of control;
      2) receiving information and applications from individuals and legal entities, state bodies, deputies of the Parliament of the Republic of Kazakhstan and local representative bodies on infliction or on threat of inflicting the harm to life, health of a human, environment and legal interests of individuals and legal entities of the state;
      3) initiative application of the verified individual or legal entity on conducting the verification of his (her) activity;
      4) change of the last name, first name, patronymic (in its existence if any) of the verified individual or the name, as well as reorganization of the verified legal entity, if the scheduled verification in respect of them was planned;
      5) repeated verification, linked with the application of verified individual or legal entity on non-agreement with the initial verification.
      3. In case of detecting the violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, the state aviation inspectors shall issue inspectoral breves on elimination of violations.
      Footnote. Chapter 2 is supplemented by Article 16-4 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-5. Platform verifications of the civil aerial vehicles of foreign air operators

      1. Platform verifications of the civil aerial vehicles of foreign air operators shall be carried out by the state aviation inspectors on the basis of prompt sheets, the form of which shall be approved by the authorized body in the scope of civil aviation, developed on the basis of standards of International Civil Aviation Organization (ICAO).
      Aerial vehicles and crew team, carried out landing in the airport of the Republic of Kazakhstan, opened for international flights shall be subject to verification.
      The authorized body in the scope of civil aviation shall take participation in collection and exchange of information with foreign states on performed platform verifications of civil aerial vehicles of foreign air operators on the basis of concluded agreements.
      2. The authorized body in the scope of civil aviation shall accept the annually plan of conducting platform verifications of civil aerial vehicles of foreign air operators, substantiated by the method of calculation, in recognition of the number of air operators, type of aerial vehicles and number of landings on the relevant aerodromes, as well as degree of risks in the field of flight operating safety.
      3. The authorized body in the scope of civil aviation shall carry out unscheduled platform verifications of civil aerial vehicle of foreign air operator, if there is ground for consideration that the standards of International Civil Aviation Organization (ICAO) or conditions and operating restrictions of the air operator certification are not complied on board of this aerial vehicle.
      Such grounds shall be:
      1) control of elimination of previously detected violations in the result of previous verifications and other forms of control;
      2) receipt of information and applications from individuals and (or) legal entities, state bodies on infliction or threat to inflict the harm to life, health of a human, environment and legal interests of individuals and (or) legal entities, the state;
      3) initiative application of the verified foreign air operator on conducting the verification of his (her) aerial vehicle and crew team;
      4) re-organization and change of the name of verified foreign air operator, if the scheduled verification in respect of him (her) was planned;
      5) repeated verification, linked with application of the verified foreign air operator on non-agreement with the initial verification.
      4. Upon conduct of the platform verifications of civil aerial vehicles of foreign air operators, the state aviation inspectors shall be governed by the principle of preventing the unreasonable flight delays of inspectoral aerial vehicles.
      5. The violations, detected in the course of conducting inspections of civil aerial vehicles of foreign air operators shall be classified as follows:
      1) violation of the third category – the violation of established conditions and operating restrictions of air operator certification, having significant influence on the flight operating safety;
      2) violation of the second category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety;
      3) violation of the first category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety.
      The conditions of the violation labeling, mentioned in the part one of this paragraph shall be determined by the prompt sheet.
      6. Upon detecting the violations of the third category, the authorized body in the scope of civil aviation shall have the right to:
      1) establish the restriction for operation of aerial vehicle or impose immediate prohibition to operation of aerial vehicle in the territory of the Republic of Kazakhstan, or require to take correct urgent actions on elimination of detected violations, or detain the aerial vehicle on the ground;
      2) communicate on results of the platform verification and require evidence on the taken corrective actions to the air operator in writing;
      3) inform competent bodies of the state registration of the air operator and state registration of the aerial vehicle and issuance of flying crew certificates, as well as request the confirmation of competent bodies on coordination of corrective actions, taken by the air operator.
      7. In case there is a ground to consider that the crew team determines actions on performance of the flight on the verified aerial vehicle without taking relevant correct actions on elimination of detected violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating limitations of air operator certification, the state aviation inspector shall notify the commander of aerial vehicle and (or) air operator that the aerial vehicle doesn’t have permit to this flight before receipt of additional instructions, and detain aerial vehicle on the ground.
      8. In case of aerial vehicle detention on the ground, the authorized body in the scope of civil aviation shall inform immediately the competent bodies of state of the air operator and state of the registration of aerial vehicle, if the state of registration is other than the state of air operator, and shall provide necessary conditions jointly with these bodies, upon which the aerial vehicle may receive the permit to the flight.
      9. In case of detecting violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating restrictions of the air operator certification, concerning the air worthiness of aerial vehicle, the prohibition to the flight of aerial vehicle shall be preserved until representation of the air operator to the authorized body in the scope of civil aviation, confirming documentation that:
      1) the violation concerning the air worthiness of aerial vehicle is eliminated;
      2) the air operator has a permit for special flight of this aerial vehicle or the analogous document, issued by the competent body of the state of registration of aerial vehicle or the state of air operator, as well as a permit of transit states for the crossing their air space if appropriate.
      10. Upon detecting the violation of the second category, the authorized body in the scope of civil aviation shall:
      1) inform the air operator on decision in written form, requiring by this the representation of supporting documentation on taken corrective actions;
      2) inform the competent bodies of the state of air operator and state of registration of the aerial vehicle and issuance of flying crew certificates. If appropriate, it shall request the confirmation on agreement of such competent bodies with taken corrective actions by the air operator.
      11. Upon detecting the violation of the first category, the state aviation inspector shall notify a commander of civil aerial vehicle of foreign operator about this for taking measures on their elimination.
      Footnote. Chapter 2 is supplemented by Article 16-5 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-6. State aviation inspector

      1. The state aviation inspector shall be a civil servant of the authorized body in the scope of civil aviation, authorized to carrying out the state control and supervision in the scope of civil and experimental aviation.
      Upon carrying out of the state control and supervision, the interference to the activity of the state aviation inspector of individuals and (or) legal entities, state bodies shall not be allowed, with the exception of cases, established by the Laws of the Republic of Kazakhstan.
      2. Upon fulfilling the obligations, the state aviation inspectors shall have the right to:
      1) unimpeded access to all the controlled zones of airports of the Republic of Kazakhstan, to the aerial vehicles and objects of civil aviation organizations, including parking shelters, fuel storage depots, working premises of the air operators and aviation training centres for carrying out official duties;
      2) request information, documents, including information on qualification of the aviation personnel from the air operators and civil aviation organizations, as well as require explanations and materials, required for performance of own functions, with establishment of terms of their provision;
      3) issue inspectoral breves on the issues of safety ensuring of the flights and aviation security to civil servants of the air operators and civil aviation organizations with the establishment of terms for their performance;
      4) be on the board of civil aerial vehicle in the flight in concurrence with the air operator with the right of being in flight deck or cabin of aerial vehicle.
      3. State aviation inspectors upon carrying out of control and supervision for compliance with the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity shall be obliged to:
      1) comply with the legislation of the Republic of Kazakhstan;
      2) conduct verifications in accordance with the order, established by the Law of the Republic of Kazakhstan “On state control and supervision” and this Law;
      3) not to prevent established regime of work of civil aviation organization during conduct of verifications;
      4) carry out the powers on prevention, detection and restraint of violations of requirements, established by the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity in accordance with the Laws of the Republic of Kazakhstanwithout undue delay and in full measure;
      5) verify existence of aviation personnel certificate, shipping, flying documentation, certifications, permits and documents, issuance of which is provided by this Law, as well as conformity of civil aerial vehicles, including foreign aerial vehicles to requirements of air worthiness of civil aerial vehicles of the Republic of Kazakhstan and International Civil Aviation Organization (ICAO) standards in accordance with the prompt sheets.
      4. Upon being on air operator or civil aviation organization, objects, facilities subject to verification in the territory of the aerodrome (helicopter aerodrome), the air operator of aerodrome (helicopter aerodrome) shall be obliged to ensure unimpeded access to them for the state aviation inspector on the basis of service certificate presented by him (her).
      5. State aviation inspectors shall be ensured by monetary allowances, established on the basis of unified wage system of the workers of bodies of the Republic of Kazakhstan, maintained at the expense of the state budget and estimation (budget) of the National Bank of the Republic of Kazakhstan, approved by the President of the Republic of Kazakhstan.
      Monetary allowance shall include monetary pay (official salary), bonuses for special labour conditions and other bonuses and premiums, established by the legislation of the Republic of Kazakhstan.
      6. For the maintenance of required level of professional training, the state aviation inspectors on a periodic basis shall:
      1) undergo training on the courses on maintenance of professional level;
      2) conduct training with the operation of aviation equipment and (or) on slight simulators;
      3) maintain professional training (qualification) in civil aviation organizations and the air operators in the volume and at the level, established by the Rules of professional training and maintenance of qualification of the state aviation inspectors, approved by the Government of the Republic of Kazakhstan.
      Note of RCLI!
      Paragraph 7 shall be enforced from 01.01.2014
      7. Insurance of life and health of the state aviation inspectors shall be carried out in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activity upon carrying out of aviation inspections in flight and upon maintenance of qualification with the operation of aviation equipment.
      Footnote. Chapter 2 is supplemented by Article 16-6 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. ORGANIZATION OF USING THE AIR SPACE

Article 17.Basis for organization of using the air space

      1. Organization of using the air space shall provide ensuring of safety, economic and regular performance of aerial vehicles flying (air traffic), as well as the activity, linked with use of air space.
      Organization of using the air space shall include:
      1) establishment of the air space structure;
      2) planning and coordination of using the air space in accordance with priorities, established by Article 25 of this Law;
      3) determination and ensuring of authorization-based procedure for use of the controlled air space;
      4) determination and ensuring of notification requirement of using the uncontrolled air space;
      5) organization of the air traffic, constituting:
      air traffic maintenance (aeronautical service), air traffic control;
      organization of the air traffic flows;
      organization of the air space for the purpose of ensuring the air traffic service, air traffic control and organization of the air traffic flows;
      6) control and supervision of compliance with the Rules of using the air space of the Republic of Kazakhstan.
      2. Ensuring of compliance with the Rules of using the air space of the Republic of Kazakhstan by all his (her) users within their own zones of responsibility shall be carried out:
      1) by the air traffic support bodies of aeronautical organization with notification on detected violations of the authorized body in the scope of civil aviation on the air paths, local air lines and in the area of aerodromes;
      2) by the air traffic control bodies in the special zones and other regions of the state aviation flights;
      3) by the air traffic control bodies or air traffic support bodies of aeronautical organization in concurrence with the authorized body in the scope of state aviation beyond air paths and local air lines, upon the crossing of the State Boundary of the Republic of Kazakhstan in air space.
      3. Organization of using the air space shall be carried out by the authorized bodies in the scope of civil and state aviation, as well as air traffic support bodies and air traffic control bodies in the zones and regions, established for them in the manner, determined by this Law and Rules of using the air space of the Republic of Kazakhstan.
      4. Organization of the air space structure shall be carried out upon compliance with environmental legislation of the Republic of Kazakhstan.
      5. Air traffic maintenance in the controlled air space of the Republic of Kazakhstan, with the exception of special air zones and air regions of the state and (or) experimental aviation, as well as regions of non-classified aerodromes shall be carried out by the aeronautical organization being the state enterprise, subordinated to the authorized body in the scope of civil aviation.
      In the regions of separate aerodromes, the air traffic maintenance may be carried out by the aeronautical organization, being in the private form of ownership.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      7. Air traffic support bodies shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights in accordance with the standard type instruction.
      8. Air traffic support bodies shall develop and coordinate the plans of measures with the authorized body in the scope of civil aviation in case of unforeseen circumstances due to violation of the air traffic maintenance.
      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. The activity, linked with the use of air space

      1. The activity, linked with the use of air space of the Republic of Kazakhstan shall include:
      1) flights of aerial vehicles and other flight facilities;
      2) all types of shooting and rocket launching, demolition works and other activity, linked with movement of material objects in the air space.
      2. Individuals and legal entities, carrying out the activity, mentioned in paragraph 1 of this Article shall be the users of air space.

Article 19. Structure and classification of the air space

      1. The structure and classification of air space, as well as requirements, submitted to the flights and types of air traffic maintenance within the air space of each class shall be established by the Rules of using the air space of the Republic of Kazakhstan.
      2. The regions of the air traffic maintenance, regions of aerodromes and air complexes, air paths, local air lines, routes and special zones for the flights of aerial vehicles, regions of uncontrolled air space, forbidden zones, danger zones, restricted areas for the flights of aerial vehicles and other special elements, established for carrying out of the activity in air space, forming the air space structure of the Republic of Kazakhstan in case of accumulation shall be established for the carrying out of the activity, linked with the use of air space, in the air space of the Republic of Kazakhstan.
      The air space structure shall be published in the documents of aeronautical information in accordance with the Rules of ensuring the aeronautical information of the air operators of aerial vehicles.
      3. The air space for the purpose of the air traffic maintenance and (or) air traffic control means the air space of particular size within which particular types of flights may be performed and for which the types of air traffic maintenance and flight rules are determined.
      4. Classification of the air space shall be established depending on the type of flight, concept of separation of aerial vehicles against each other, type of the air traffic maintenance, air-speed limitation of aerial vehicles, requirements to radio communication, necessity of permit for the flight of the air traffic support bodies and (or) air traffic maintenance.
      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Provision of aeronautical service in air space

      1. Aeronautical service for the users of air space of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, shall be carried out on the basis of agreements (standard form agreement).
      2. Aeronautical service, provided for the users of air space of the Republic of Kazakhstan shall be carried out without consideration in case of flight performance:
      1) of aerial vehicles, suffering or suffered disaster, as well as aerial vehicles, the routes of which were changed due to emergency situation on the board, refusal or defect of material part from the moment of determining the location of aerial vehicle;
      2) of aerial vehicles for conducting the search and rescue works;
      3) aerial vehicles for rendering medical and (or) humanitarian response for population during natural disasters;
      4) of aerial vehicles of the state aviation of the Republic of Kazakhstan;
      5) of aerial vehicles, transferring the President of the Republic of Kazakhstan, Prime Minister of the Republic of Kazakhstan, kingship, heads of states and governments of foreign states;
      6) in accordance with international treaties, ratified by the Republic of Kazakhstan, if provisions of the treaty provide release from the payment for air traffic maintenance.
      3. Recovery of payment from the users of aerial space for provided aeronautical service shall be carried out by the aeronautical organization. The regulation of legal relations with organizations, participated in rendering of services included into aeronautical service shall be carried out on the basis of agreements.
      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Provision of aeronautical information

      1. Aeronautical organization, being the state enterprise subordinated to the authorized body in the scope of civil aviation shall ensure provision of aeronautical information in accordance with the International Civil Aviation Organization (ICAO) standards and with the Rules of providing the aeronautical information of the air operators of aerial vehicles.
      2. Individuals and legal entities, serving as the source of aeronautical information shall be obliged to provide necessary information for safety ensuring of flights and bear responsibility for authenticity, accuracy and timeliness of providing such information in accordance with the Rules of providing the aeronautical information of the air operators of aerial vehicles without consideration.
      3. The authorized body in the scope of civil aviation shall carry out the control of ensuring the authenticity, accuracy and timeliness of provided aeronautical information.

Article 22. Types of air traffic maintenance

      1. Air traffic maintenance shall include the following types:
      1) dispatching service of air traffic that means the service, provided in controlled air space for the purposes of:
      prevention of collisions between aerial vehicles and aerial vehicles with obstacles on the maneuvering area;
      acceleration and regulation of air traffic;
      2) inflight and informative maintenance, the purpose of which is provision of advices and information with the use of existing communication facilities for safety ensuring of flight performance;
      3) alarm reporting that is maintenance, provided for notification of the relevant organizations on aerial vehicles, being in need of help of search and rescue services and rendering of necessary assistance to such organizations.
      2. Dispatching service of air traffic shall be divided into:
      region dispatching service for ensuring of dispatching service of flights in the controlled air space;
      dispatching service of the approach for ensuring the dispatching service of flights that linked with arrival and departure of aerial vehicles from the aerodromes (helicopter aerodromes);
      aerodrome dispatching service for ensuring the dispatching service of aerodrome traffic.
      For ensuring the dispatching service of air traffic, the air traffic support body shall:
      1) provide information on expected traffic of every aerial vehicle or its changing, as well as the last information on factual flight progress of every aerial vehicle;
      2) determine comparative location of aerial vehicles on the basis of received information, on which it is informed in respect of each other;
      3) issue permits and information for prevention of collisions between aerial vehicles controlled by them, as well as for acceleration and maintenance of the ordered traffic flow;
      4) coordinate permits with other air traffic support bodies (air traffic control bodies) if appropriate, when the aerial vehicle may create conflicting situation with other aerial vehicles, performing the flight under control of other air traffic support bodies (air traffic control bodies), or before turning over the control of aerial vehicle to other air traffic support bodies (air traffic control bodies).
      Procedure for ensuring the dispatching service of aerial vehicles, including the requirements to concept of separation of aerial vehicles shall be determined by the Basic flight rules in the air space of the Republic of Kazakhstan.
      3. Dispatching permits, issued by the air traffic support bodies shall be based on requirements to the ensuring of dispatching service of the air traffic. This permit shall be requested by presenting the flight plan by the air operators (crew team of aerial vehicle) to the air traffic support body.
      The form and content of dispatching permit shall be established by the Basic flight rules in the air space of the Republic of Kazakhstan.
      4. All the aerial vehicles, on the flight of which this information may have an impact and which are ensured by dispatching service of the air traffic or location of which is known to the air traffic support body shall be provided by inflight and informative maintenance.
      5. Alarm reporting shall be provided by:
      1) all aerial vehicles provided by dispatching service of the air traffic;
      2) all other aerial vehicles, presented the flight plan or location of which is known to the air traffic support body;
      3) any aerial vehicles in respect of which it is known or suggested that they are the object of illegal interference.

Article 23. Rules of performing the flights

      Flights of aerial vehicles over the territory of the Republic of Kazakhstan shall be performed in accordance with the Basic flight rules in the air space of the Republic of Kazakhstan.
      Ship's documents, provided by the Basic flight rules in the air space of the Republic of Kazakhstan shall be on the aerial vehicle upon performance of flights.

Article 24. Flight plan of aerial vehicle

      1. Information in respect of planned flight or part of flight subject to sending to the air traffic support bodies and (or) the air traffic control bodies shall be presented in the form of flight plan in existence of permits for use of air space, provided by this Law, with the exception of the flight of aerial vehicle, performed in cases:
      1) holding off the air attack, prevention and termination of the violations of State Boundary of the Republic of Kazakhstan in air space or armed invasion in the territory of the Republic of Kazakhstan;
      2) rendering of assistance upon emergency situations of social, natural and technogenic nature, search and evacuation of space vehicles and their crew teams;
      3) prevention and (or) termination, and (or) restraint of the violations of order of using the air space.
      2. Procedure for presenting a flight plan, introduction of amendments and closing a flight plan, its content shall be determined by the Rules of using the air space of the Republic of Kazakhstan.
      3. Upon the flights in uncontrolled air space, the use of air space shall be obliged to notify the air traffic support bodies and (or) the air traffic control bodies on forthcoming flight and present the flight plan in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.
      Footnote. Article 24 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. Priorities in use of air space

      The right to use the part of air space in existence of two and more interested air space users shall be provided in accordance with the following priorities, stated in chronological sequence:
      1) holding off the air attack or prevention or termination of the violation of State Boundary of the Republic of Kazakhstan in air space, procedure for using the air space, liquidation of using the force or threat to use the force against sovereignty, territorial integrity and security of the Republic of Kazakhstan;
      2) rendering of assistance upon natural and other disasters, catastrophes, accidents, incident and other situations, posing a threat to life or health of people or creating a danger of inflicting essential material harm;
      3) launching, landing, search and evacuation of the space vehicles and their flight crew;
      4) flights, performed in accordance with the Rules of organizing and ensuring of the flights of special importance of the Republic of Kazakhstan;
      5) conducting a planned exercise of the authorized body in the scope of state aviation, as well as the flights of aerial vehicles or the other activity, carried out in accordance with the regulations of the Government of the Republic of Kazakhstan;
      6) regular flights on transportation of passengers, cargos and postal matters;
      7) flights of the state aviation of the Republic of Kazakhstan, as well as other states;
      8) conducting experimental and research scientific works;
      9) unscheduled airborne transportations and performance of aviation works;
      10) conducting learning, demonstration, social measures, as well as flights for personal purposes of the air operator.

Article 26. Prohibition for use of air space

      Use of the air space of the Republic of Kazakhstan or its separate regions shall be prohibited for the flights of aerial vehicles in cases of carrying out the activity, provided by subparagraph 2) of paragraph 1 of Article 18 and subparagraphs 1) – 5) of Article 25 of this Law by the authorized body in the scope of the state aviation in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.

Article 27. Violation of the procedure for using the air space

      1. The activity, linked with the use of air space of the Republic of Kazakhstan, which is carried out with the violation of requirements of the legislation of the Republic of Kazakhstan on use of the air space and aviation activity shall be recognized as violation of the procedure for using the air space of the Republic of Kazakhstan.
      The violations of the procedure for using the air space of the Republic of Kazakhstan shall include:
      1) the activity, mentioned in Article 18 of this Law, carried out without representation of the flight plan (upon the flights in uncontrolled air space without notifying) and (or) without permit for performance of flights and (or) without permit for carrying out of the activity, constituting a threat to flight operating safety of aerial vehicles;
      2) flight of the group of aerial vehicles, the quantity of which exceeds the quantity, stated in permit;
      3) non-compliance of aerial vehicles with the regimes of using the air space;
      4) overflight of forbidden zone and (or) restricted area of aerial vehicle without the special permit of the air traffic control bodies of the authorized body in the scope of state aviation;
      5) landing of aerial vehicles on aerodrome, not stated in the flight plan, except for the cases of unscheduled landing and setting a course to alternate aerodrome;
      6) non-compliance with vertical, along track, across track separation, deviation from air paths, local airlines and from the route axes in the distance more than regulations, established by the Rules of use of the air space of the Republic of Kazakhstan, with the exception of cases of visible threat of flight operating safety and prevention of the aviation accident;
      7) non-carrying out of the instructions of the air traffic support bodies or the air traffic control bodies by users of air space, with the exception of cases of visible threat to the flight operating safety and aviation accident prevention.
      2. Authorized bodies in the scopes of civil and state aviation, air traffic support bodies, air traffic control bodies shall be obliged to take necessary measures to prevent and (or) terminate, and (or) to suppress the violations of the procedure for using the air space in accordance with their competence, and air space users, admitted the violation of procedure for using the air space shall be obliged to terminate mentioned violation at their expense and (or) using their own efforts.
      Air traffic support bodies shall have the right to restrain foreign aerial vehicle to landing on the aerodrome of the Republic of Kazakhstan at the request of competence state bodies for inspection in existence of information on the unstated production being on board, subject to export control in accordance with the legislation of the Republic of Kazakhstan.

Article 28.Deviation of aerial vehicle from the flight plan. Aerial non-compliant vessel

      1. Upon deviation of aerial vehicle from the established flight plan, the air traffic support body (air traffic control body) shall be obliged to take the following measures immediately:
      1) use all available means for establishment of connection with crew team of aerial vehicle and for determination of location of the aerial vehicles deviated from established flight plan;
      2) inform the allied air traffic support bodies and air traffic control bodies in the area of responsibility of which, the aerial vehicle possibly entered or may enter as a result of deviation.
      2. When the location of aerial vehicle is established, the air traffic support body (air traffic control body) shall inform the crew team of aerial vehicle on its location and corrective actions, which shall be performed.
      3. Aerial vehicle, violated the State Boundary of the Republic of Kazakhstan in air space or admitted another violation of the procedure for using air space of the Republic of Kazakhstan shall be recognized by an aerial non-compliant vessel and shall be subject to compulsory landing, if it does not obey the requirements of the air traffic support bodies and (or) the air traffic control bodies.
      Aerial non-compliant vessel, received the warrant on landing shall land in the stated place immediately.
      4. In cases of creating a threat to security of the Republic of Kazakhstan, life and safety of people on its territory and strategic objects, the authorized body in the scope of state aviation shall apply all measures for prevention of a threat, to the extent of destruction of the aerial non-compliant vessel in accordance with the Rules of weapon employment and military equipment against aerial non-compliant vessels of the air space of the Republic of Kazakhstan, approved by the President of the Republic of Kazakhstan.
      5. In case, when there is true information that passengers and other persons, not accessory to violation of the procedure for using air space are on board, the state shall abstain from weapon employment against civil aerial vehicles in flight.
      Aerial non-compliant vessel shall be subject to detention on the landing aerodrome upon non-compliance with conditions of taking-off in air space of the Republic of Kazakhstan and (or) in cases of violation of the procedure for using air space.
      The further flight of aerial non-compliant vessel after investigation of the violation shall be permitted in the manner, determined by the Rules of using air space of the Republic of Kazakhstan.
      The violation of established requirements for using air space of the Republic of Kazakhstan shall be subject to investigation in accordance with the Rules of using the air space of the Republic of Kazakhstan.

Article 29. Communication organization for use of air space

      1. Users of aerial vehicle shall be obliged to be in communication with the air traffic support bodies and (or) air traffic control bodies in accordance with the Rules of using the air space of the Republic of Kazakhstan.
      2. Communication organization shall provide necessary communication channels on lease to the air space users. In case of breakdown of provided communication channels, they shall be replaced by another communication channels.

Article 30. Radio communication upon air traffic maintenance or air traffic control

      1. Radiotelephony and (or) coordination link shall be used for communication upon air traffic maintenance or air traffic control.
      2. Means of communication shall enable to lead the direct, operational, continuous and noise free bi-directional communication between air traffic support bodies (air traffic control bodies) and air space users.
      3. Individuals and legal entities that have the installations and devices, creating noises to the means of radio-technical support of the flights of aerial vehicles and radio communication with them shall be obliged to eliminate noises using own efforts upon request of the authorized body in the field of communication and its subdivisions, and before their elimination shall be obliged to terminate operation of such installations and devices.
      4. The procedure for providing communication, the requirements of the air traffic support bodies to providing communication, description of the means of communication in civil aviation shall be determined by the Rules of radio-technical support of the flights and aviation radio communication in civil aviation.
      5. Procedures for conducting the radio communication shall be determined by the Rules of verbality of radio communication upon performance of flights and air traffic maintenance, approved by the authorized body in the scope of civil aviation.
      6. Radiotelephony communication in the territory of the Republic of Kazakhstan shall be carried out in Kazakh, Russian and English languages.

Article 31. Flights over inhabited locality

      1. Flights over inhabited locality shall be performed on the high, enabling performance of the landing in case of breakdown of aerial vehicle beyond this inhabited locality or on the nearest aerodrome. In case, when meteorological conditions do not enable sustain the relevant high, the commander of aerial vehicle shall be obliged to evade inhabited localities on the right-hand side, if the other order of evasion is not established.
      2. Schemes (routes) of the flights of aerial vehicles over inhabited localities shall be coordinated with the national security bodies and authorized body in the scope of civil aviation and shall be approved by the authorized body in the scope of civil aviation.
      3. During the period of conducting protective measures, the flights of aerial vehicles and pilotless vehicles over inhabited localities out of established routes shall be coordinated with the national security bodies and to the Safeguard Service of the Presidentof the Republic of Kazakhstan.
      4. The procedure for conformance and performance of the flights over inhabited localities out of the established routes shall be determined by the Rules of using the air space of the Republic of Kazakhstan.
      Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32. Demonstration flights

      1. Demonstration flights shall be applied for aviation equipment demonstration, propaganda of aviation achievements, as well as ensuring of social and political and entertaining cultural events.
      2. Demonstration flights of aerial vehicles shall be performed in established zones (regions) with observance of safety measures, excluding the crash of aerial vehicle on residential areas and crowds of people.
      3. Responsibility for safety of demonstration flights shall be imposed on their organizer.

Article 33. Flights of pilotless vehicles

      1. Operation of pilotless vehicles shall minimize a threat to inflicting harm to life or health of people, damage (destruction) of property, danger for other aerial vehicles and carried out in compliance with conditions, established by the Rules of using the air space of the Republic of Kazakhstan.
      2. Air operators of pilotless vehicles shall inform detailed data on the flights of pilotless vehicles to the air traffic support bodies and (or) air traffic control bodies in accordance with the Rules of using the air space of the Republic of Kazakhstan.
      3. The flights of pilotless vehicles over protected objects shall be coordinated with the Safeguard Service of the President of the Republic of Kazakhstan.

Article 34. Radio-technical support

      1. Radio-technical support of flights shall be carried out by the radio equipment and communications operation services of civil and (or) state aviation organizations.
      2. Procedure for organization and carrying out of the activity on radio-technical support of flights upon the air traffic maintenance or air traffic control for the purpose of flight operating safety and flight regularity, taking-off and landing of aerial vehicles shall be determined:
      1) for civil and experimental aviation in accordance with the Rules of radio-technical support of flights and aviation radio communication in civil aviation;
      2) for the state aviation in accordance with the Rules of communication organization and radio-technical support of the state aviation of the Republic of Kazakhstan and Rules of the maintenance operations of the means of communication, radio-technical support of flights and automated control system of the state aviation, approved by the authorized body in the scope of civil aviation.

Article 35. Meteorological support of flights

      1. Meteorological support of flights of aerial vehicles shall consist in well-timed provision of qualitative meteorological information to the air operators, air traffic support bodies, air traffic control bodies and to other air space users of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, independently from their state affiliation, departmental affiliation and forms of ownership, on the basis of agreements.
      2. Meteorological support of flights shall be carried out by the aerodrome meteorological bodies in accordance with the rules of meteorological support of civil aviation of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan, and rules of meteorological support of the state aviation of the Republic of Kazakhstan.
      Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 35-1. Certification procedure of the air traffic support bodies and (or) radio equipment and communications operation service of aeronautical organization

      1. Air traffic support bodies and (or) radio equipment and communications operation service of aeronautical organization shall conform to certification requirements, submitted to the air traffic support bodies and (or) traffic department of radio equipment and communications operation serviceof aeronautical organization.
      Conformance of the mentioned bodies and services shall be confirmed by the issuance of certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization. Certification shall be executed to all or part of the air traffic support bodies and (or) radio equipment and communications operation service, included to the composition of aeronautical organization.
      Certification procedure of the air traffic support bodies and (or) radio equipment and communications operation service of aeronautical organization shall be carried out by the authorized body in the scope of civil aviation.
      2. Procedure for certification procedure of the air traffic support bodies and (or) radio equipment and communications operation service of aeronautical organization shall be determined by the Government of the Republic of Kazakhstan.
      3. Refusal in issuance of certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization shall be carried out in cases, if the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization do not conform to submitted certification requirements.
      4. The authorized body in the scope of civil aviation shall suspend the validity of certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization before elimination of violations in the following cases:
      1) non-compliance with certification requirements by the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization;
      2) upon the application of aeronautical organization in relation to the air traffic support body or radio equipment and communications operation service, being under its supervision.
      5. If the detected violations are not eliminated by the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization within six months from the date of suspension of the validity of certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization, the authorized body in the scope of civil aviation shall revoke the relevant certification.
      6. Temporary waivers of certification requirements shall be allowed in concurrence with the authorized body in the scope of civil aviation, if such waivers are compensated by bringing of additional measures, ensuring the safety rate of flights, equivalent to established rate.
      Footnote. Chapter 3 is supplemented by Article 35-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014).

Article 36. Admission of air paths and local air lines to operation

      Air paths and local air lines shall be admitted to operation in accordance with the Rules of admitting the air paths and local air lines to operation, approved by the authorized body in the scope of civil aviation.
      Information on air paths and local air lines shall be published in the list of air paths and local air lines, approved by the authorized body in the scope of civil aviation and coordinated with the authorized body in the scope of civil aviation and national security bodies.

Article 37. Measure units for the purpose of performing the flights and air traffic maintenance

      1. The unified system of coordinate, height, gravimetrical and satellite measurements that conforms to the requirements of International Civil Aviation Organization (ICAO) standards shall be established for the purpose of performing the flights and air space maintenance in the territory and in the air space of the Republic of Kazakhstan.
      2. The applied measurement systems shall be stated in the Basic flight rules in the air space of the Republic of Kazakhstan.

Article 38. Protection against harmful effect of the flights of aerial vehicles

      1. Civil aerial vehicle, intended for operation in the Republic of Kazakhstan shall be certified by the authorized body for conforming to requirements of International Civil Aviation Organization (ICAO) in respect of noise in the place with issuing the noise certification being the annex to air worthiness certification of the civil aerial vehicle.
      Conduct of certification procedure and issuance of noise certification shall be carried out in accordance with the Rules of certification procedure and issuance of the air worthiness certification of the civil aerial vehicle of the Republic of Kazakhstan.
      Owners of aerodromes (helicopter aerodromes), air operators, commanders and members of the crew team of aerial vehicles shall be obliged to prevent unnecessary noises or minimize them upon operation of aerial vehicles on the ground or in the air space.
      2. Dropping of substances or other wastes and materials, hazardous to health of people and environment from aerial vehicles shall be prohibited, with the carrying out of performance of aviation works in agricultural economy, performed in compliance with the safety measures of population and environment, operational and combat flights of the state aviation or in case of visible threat to the flight operating safety and prevention of the aviation accident.
      Evacuation zone of aerial vehicle, zone of fuel draining or its depletion in flight, where the minimal flight height equal for all aerial vehicles or separately by the types of aerial vehicles is provided, may be established in particular regions for the purpose of prevention the harm effect of aerial vehicles on people, animals and environment.
      3. Flights of aerial vehicles in air space of the Republic of Kazakhstan with hypersonic velocity shall be performed at heights, excluding harmful effect of acoustic impact to environment, according to general rules or in the areas, far from inhabited localities, which are allocated specifically for hypersonic flights.
      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. INTERNATIONAL FLIGHTS

Article 39. International flights of aerial vehicles of the Republic of Kazakhstan

      1. International flights of aerial vehicles of the Republic of Kazakhstan shall be carried out on the basis and in accordance with conditions of:
      1) international treaties, the participant of which is the Republic of Kazakhstan;
      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;
      3) special permits for performance of single flights, issued by the competent body of the relevant foreign states.
      2. Request for receipt of the special permit for the flight of aerial vehicle of the Republic of Kazakhstan in air space of the foreign state shall be transmitted to foreign states by the authorized body, carrying out foreign policy activity in cases of:
      international flights of the state and (or) experimental aviation of the Republic of Kazakhstan;
      international flight of civil aerial vehicle of the Republic of Kazakhstan, transporting civil servants, determined by the resolution of the Government of the Republic of Kazakhstan.
      Request shall be performed on the basis of applications of interested state bodies of the Republic of Kazakhstan upon compliance with all requirements, concerning the vessel documents, certificates for the members of crew team, copies of insurance policies, as well as other requirements and rules, valid in the territory of the Republic of Kazakhstan and foreign states, in the territory (through the territory) of which the flight operation is planned.
      3. The air operator of civil aerial vehicle shall carry out the request on an individual basis for receiving the special permit, issued by the competent bodies of the relevant states for flight of civil aerial vehicle of the Republic of Kazakhstan in the air space of foreign state. In existence of requirement of the competent body of foreign state to issue special permit upon the request of the authorized body, carrying out foreign policy activity, the authorized body in the scope of civil aviation shall carry out such requests in accordance with paragraph 2 of this Article on the basis of application of the air operator of civil aerial vehicle.
      4. Upon performance of occasional international flight beyond the air space of the Republic of Kazakhstan, the air operator of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to notify the authorized body in the scope of civil aviation on date and purpose of performed flight in the manner, established by the authorized body in the scope of civil aviation.
      5. International flight of the air operator of civil aerial vehicle for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products shall not be allowed without coordination with the authorized body in the scope of civil aviation. The authorized body in the scope of civil aviation in turn shall carry out the coordination of this flight with the body, carrying out foreign policy activity within its competence.
      6. Upon performance of the international flight in air space of foreign state, in case of requirement of the authorized body of foreign state on compulsory landing on the stated aerodrome, the crew team of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to carry out this requirement.

Article 40. Flights of aerial vehicles of foreign states in the air space of the Republic of Kazakhstan

      1. Flights of aerial vehicles of foreign states in air space of the Republic of Kazakhstan shall be carried out on the basis of:
      1) international treaties, the participant of which is the Republic of Kazakhstan;
      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;
      3) permits for performing the international regular flights through the territory of the Republic of Kazakhstan without landing or with landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes;
      4) permits for performance of international occasional (single) flights;
      5) special (diplomatic) permits for performance of single flights.
      2. Permits for performance of international regular flights through the territory of the Republic of Kazakhstan without landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes shall be issued by the authorized body in the scope of civil aviation.
      3. Special (diplomatic) permits shall be issued in accordance with the Rules of using the air space of the Republic of Kazakhstan by the authorized body, carrying out the foreign policy activity, for performance of single flights:
      1) of the state and experimental aerial vehicles;
      2) of civil aerial vehicles, transporting the civil servants of foreign states according to the list, established by the Rules of using the air space of the Republic of Kazakhstan;
      3) of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products.
      4. Permits for performance of international occasional (single) flights of civil aerial vehicles shall be issued by the authorized body in the scope of civil aviation in recognition of provisions of paragraph 3 of this Article.
      Procedure for issuance of permits for performance of international occasional (single) flights of civil aerial vehicles shall be established by the Rules of issuance and grounds for refusal in issuance of permits for performance of occasional international flights.
      4-1. Performance of international occasional (single) flights, linked with commercial airborne transportation, formed in the territory of the Republic of Kazakhstan by civil aerial vehicles of foreign air operators shall not be allowed, unless otherwise provided by the international treaties of the Republic of Kazakhstan or permits, issued by the authorized body in the scope of civil aviation.
      5. The grounds for refusal in issuance of permits, as well as special (diplomatic) permits for performance of international occasional (single) flights of aerial vehicles shall be in the following cases:
      1) prohibition of using the air space of the Republic of Kazakhstan or its particular areas, through which the route of the flight of aerial vehicle goes by the authorized body in the scope of state aviation in accordance with Article 26 of this Law;
      2) taking flight of aerial vehicle would violate the provisions of international treaties, the participant of which is the Republic of Kazakhstan;
      3) intended flight would violate the Rules of using the air space of the Republic of Kazakhstan and (or) another legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity.
      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 41. Performance of international flights in air space of the Republic of Kazakhstan

      1. General provisions, regulating the performance of flights and operation of aerial vehicles shall be in force upon performance of international flights of the national aerial vehicles and aerial vehicles of foreign states in the air space of the Republic of Kazakhstan in accordance with this Law.
      2. International flights in the air space of the Republic of Kazakhstan shall be carried out on the international air paths.
      Procedure for opening of the air paths for international flights of aerial vehicles shall be determined by the Rules of using the air space of the Republic of Kazakhstan.
      Intersection of the State Boundary of the Republic of Kazakhstan in air space shall be performed by aerial vehicles in the points of intersection of its international paths or through air corridors, appropriated specially for these purposes in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.
      3. Performance of international flights on inland air paths, local air lines, flight routes and beyond the air paths shall be admitted in concurrence with the authorized bodies in the scope of civil and state aviation.
      4. Exclusion from the order, established by the Rules of using the air space of the Republic of Kazakhstan shall be admitted in cases:
      1) natural disaster, catastrophe, accidents, accident situations on aerial vehicle and in other cases, threatening to life or health of people;
      2) provided by the international treaties, ratified by the Republic of Kazakhstan;
      3) of receiving the permit, issued in the manner, determined by the Rules of using the air space of the Republic of Kazakhstan.
      5. For the purpose of international flights, the geodeticsystem of reference, conformed to the standards of International Civil Aviation Organization (ICAO) shall be used as the geodetic reference system in a horizontal plane.
      6. Flight of aerial vehicles from the territory of the Republic of Kazakhstan, as well as their landing after taking off in the territory of the Republic of Kazakhstan shall be performed on aerodromes, opened for international flights.
      7. Force of passport, customs, currency, sanitary and epidemiological rules and regulations, established by the legislation of the Republic of Kazakhstan shall be applied to all aerial vehicles, their crew teams and passengers, arriving in the territory of the Republic of Kazakhstan and departing from its territory or flying through, as well as to all their property, brought from this territory.
      8. Certificates of aviation personnel, vessel documents being on the board of civil aerial vehicles of foreign states shall be recognized valid in the territory of the Republic of Kazakhstan, if they conform to International Civil Aviation Organization (ICAO) standards. In case of lease, freightage (charter) or interchange of aerial vehicles, the certificates of aviation personnel, vessel documents, being on the board of civil aerial vehicles of foreign states, issued under agreements between foreign states shall be recognized as valid in the territory of the Republic of Kazakhstan.
      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. AERIAL VEHICLES

Article 42. Classification of aerial vehicles

      1. Depending on belonging to aviation, aerial vehicles shall be divided into:
      state aerial vehicles;
      civil aerial vehicles;
      experimental aerial vehicles.
      2. State aerial vehicle shall be aerial vehicle, used in the state aviation and registered in register of aerial vehicles of the state aviation.
      3. Civil aerial vehicle shall be aerial vehicle, used in civil aviation and registered in state register of civil aerial vehicles of the Republic of Kazakhstan or foreign state.
      Depending on aerial vehicle performance characteristics and data of aerial vehicle, the classification of civil aerial vehicles shall be determined by the Basic flight rules in the air space of the Republic of Kazakhstan.
      4. Experimental aerial vehicle shall be aerial vehicle, intended for conducting design and development, experiments research and development works and trials.

Article 43. Type certificate of civil aerial vehicle

      1. Civil aerial vehicle of new construction (new type), intended for batch production shall be subject to certification procedure by the authorized body in the scope of civil aviation for compliance with its air worthiness standards effectual in the Republic of Kazakhstan and shall have the type certification after its passing of factory, state and operating tests, issued by the authorized body in the scope of civil aviation.
      2. Type certification of civil aerial vehicle shall be carried out in accordance with the Rules of certification procedure and issuance of type certification.
      3. Developer of civil aerial vehicle shall be the owner of type certification.
      4. In case of change of approved type construction (type design) of civil aerial vehicle or its operations documentation, having an impact on air worthiness, this type of aerial vehicle shall be subject to additional certification procedure by the authorized body in the scope of civil aviation for receiving addition to the type certification.
      5. Force of the type certification, issued by the authorized body in the scope of civil aviation shall be suspended, and operation of aerial vehicle shall be temporary terminated in the manner, established by the Rules of certification procedure and issuance of the type certification, in case of detecting the defects, threating the flight operating safety.
      6. The type certification issued by foreign state, international organization in the scope of civil aviation, carrying out the certification procedure of aerial vehicles shall be recognized by the authorized body in the scope of civil aviation in the manner, established by the Rules of certification procedure and issuance of the type certification.
      Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 44. Certification procedure of the civil aerial vehicle sample

      1. Each civil aerial vehicle sample that does not have the type design shall be certified and have the certificate of compliance of its construction, characteristics and operations documentation with the air worthiness standards, issued by the authorized body in the scope of civil aviation.
      Aerial vehicle, on which the certificate for compliance of construction, characteristics and operations documentation with air worthiness standards is issued, shall not be allowed to carrying out of commercial airborne transportations.
      2. Certification procedure of the civil aerial vehicle sample shall be conducted by the authorized body in the scope of civil aviation with involvement of non-commercial organizations, uniting air operators of aerial vehicles, in accordance with the Rules of certification procedure and issuance of the certificate for compliance of the civil aerial vehicle with the air worthiness standards, approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 44 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 45. State registration of aerial vehicles, rights to them and transactions with them

      1. State aerial vehicles shall be subject to the state registration in Register of aerial vehicles of the state aviation of the Republic of Kazakhstan in accordance with the Rules of registration of aerial vehicles of the state aviation of the Republic of Kazakhstan.
      Possessor of the state aerial vehicle shall be issued by notification on the state registration of aerial vehicle in the Register of aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.
      2. Civil aerial vehicles shall be subject to state registration in the State register of civil aerial vehicles of the Republic of Kazakhstan in accordance with the Rules of the state registration of civil aerial vehicles of the Republic of Kazakhstan, rights to them and transactions with them, as well as forms of the documents, certifying the rights to them, approved by the authorized body in the scope of civil aviation.
      State register of civil aerial vehicles of the Republic of Kazakhstan shall include:
      1) aerial vehicles being in the ownership of individuals and (or) legal entities of the Republic of Kazakhstan;
      2) aerial vehicles, being in the temporary possession and use of individuals or legal entities of the Republic of Kazakhstan, upon condition that the takeoff weight of these aerial vehicles does not exceed forty five and a half tons.
      Possessor of registered civil aerial vehicle shall be issued by certificate on the state registration of civil aerial vehicle by the authorized body in the scope of civil aviation.
      Aerial vehicle, included to the State register of civil aerial vehicles of the Republic of Kazakhstan shall conform to the air worthiness standards of civil aerial vehicles of the Republic of Kazakhstan and requirements of operations documents, determined the air worthiness.
      3. Rights to civil aerial vehicles, being in the ownership of individuals or legal entities of the Republic of Kazakhstan, and transactions, consummated with mentioned aerial vehicles, as well as irrevocable powers shall be subject to registration by the authorized body in the scope of civil aviation in the State register of civil aerial vehicles of the Republic of Kazakhstan.
      Fee shall be collected for the state registration of civil aerial vehicles, pledge agreements of aerial vehicles and irrevocable powers in the manner and amount, determined by the Code of the Republic of Kazakhstan “On taxes and other compulsory payments to the budget” (Tax Code). The state registration of civil aerial vehicles shall be carried out after payment of mentioned fee to the state budget.
      4. Aerial vehicle shall be added to the relevant register of the Republic of Kazakhstan only after its exclusion from the register of aerial vehicles of the relevant foreign state.
      5. Experimental aerial vehicles shall be registered in the authorized body in the scope of civil aviation.
      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46. Exclusion of aerial vehicle from the register

      1. Aerial vehicle shall be excluded from the relevant register of aerial vehicles of the Republic of Kazakhstan in cases:
      1) of retirement or taking out aerial vehicle of service;
      2) of sale or delivering aerial vehicle to foreign state, foreign individual or legal entity;
      3) of registration of civil aerial vehicle in the Register of aerial vehicles of state aviation of the Republic of Kazakhstan or register of foreign states;
      4) of registration of civil aerial vehicle in the State register of civil aerial vehicles of the Republic of Kazakhstan;
      5) of absence of valid air worthiness certification within the last three years;
      6) of fulfilling irrevocable power.
      The agreement of a pledgeholder shall be required compulsorily for exclusion of aerial vehicle, being in pledge from the State register of civil aerial vehicles of the Republic of Kazakhstan.
      2. Upon exclusion of aerial vehicle from the relevant register, the certificate on registration of vessel and all records, made in respect of this vessel in register shall lose force.
      3. The authorized body in the scope of civil aviation shall issue the certificate on exclusion of aerial vehicle from the State register of civil aerial vehicles of the Republic of Kazakhstan to the possessor of aerial vehicle.
      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47. Admission to operation and maintenance of air worthiness of aerial vehicles

      1. State aerial vehicle shall be admitted to operation in the manner, established by the authorized body in the scope of civil aviation.
      2. Civil aviation vehicle shall be airworthy and admitted to operation upon existence of valid air worthiness certification.
      Civil aerial vehicle shall be recognized airworthy, if it is constructed, produced, equipped and passed maintenance operation and repair, as well as has flying qualities in accordance with requirements of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity and environmental legislation of the Republic of Kazakhstan.
      Upon flying over the territory of the Republic of Kazakhstan, the foreign aerial vehicle shall have the air worthiness certification and noise certification, issued by foreign state and recognized in the Republic of Kazakhstan on the basis of International Civil Aviation Organization (ICAO) standards.
      Air worthiness certification shall be issued:
      1) on the basis of conformance of civil aerial vehicle to the air worthiness standards of civil aerial vehicles of the Republic of Kazakhstan, approved by assessment report on operational suitability;
      2) in accordance with the Rules of certification procedure and issuance of the air worthiness certification of civil aerial vehicle of the Republic of Kazakhstan;
      3) in accordance with the Rules of certification procedure in the scope of ultralight aviation.
      Air worthiness certification procedure shall be carried out by the authorized body in the scope of civil aviation.
      Air worthiness certification procedure of aerial vehicles of ultralight aviation shall be carried out by the authorized body in the scope of civil aviation with involving the non-commercial organizations, uniting the air operators of aerial vehicles.
      Air worthiness certification of aerial vehicle that doesn’t have approved type design shall be carried out by the authorized body in the scope of civil aviation with involving the non-commercial organizations, uniting the air operators of aerial vehicles.
      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 NO. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      4. Recognition of the air worthiness certifications of civil aerial vehicles, issued by foreign state shall be carried out in the manner, determined by the authorized body in the scope of civil aviation.
      5. Maintenance of air worthiness of civil aerial vehicle and its components shall be ensured in accordance with requirements of the Rules of maintenance operation and repair of civil aerial vehicles of the Republic of Kazakhstan.
      6. Responsibility for maintenance of air worthiness of civil aerial vehicles shall be imposed on the air operator of civil aerial vehicle.
      The air operator of aerial vehicle shall be prohibited to perform the flights in cases, if:
      1) aerial vehicle is not maintained in airworthy condition;
      2) safety equipment is defected;
      3) validity of the air worthiness certification is expired;
      4) maintenance operation and repair of aerial vehicle is not performed in accordance with the program (reglament) on its maintenance operation.
      7. Owner or air operator of aerial vehicle in accordance with the Rules of certification procedure and issuance of the air worthiness certification of civil aerial vehicle of the Republic of Kazakhstan shall provide information on the air worthiness condition, conduct of maintenance operation and repair of aerial vehicle, as well as data on its operation to the authorized body in the scope of civil aviation.
      8. All aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall be subject to verification in respect of maintenance of air worthiness. Upon detection of non-conformance of the aerial vehicle to the air worthiness standards, the force of air worthiness certification shall be suspended, and operation of aerial vehicle shall be prohibited by the authorized body in the scope of civil aviation before elimination of non-conformance of aerial vehicle to the air worthiness standards.
      In case of non-elimination of non-conformance of aerial vehicle to the air worthiness standards within six months from the date of suspension, the air worthiness certification shall be revoked.
      Verification of the air worthiness maintenance of aerial vehicle shall include:
      1) verification of reports and operating documents of the air operator on maintenance operation and repair of aerial vehicle and other reports and documents on technical condition of aerial vehicle;
      2) inspection of aerial vehicle;
      3) conduct flight tests of aerial vehicle under control of the authorized body in the scope of civil aviation if appropriate.
      For conducting flight tests or flights to the place of conducting the maintenance operation and repair of aerial vehicle that does not have valid air worthiness certification, the authorized body in the scope of civil aviation shall issue permit for performance of the special flight for such aerial vehicle.
      Before issuance of permit for performance of the special flight, the authorized body in the scope of civil aviation shall be obliged to assess the aerial vehicle condition for safety performance of flight and shall have the right to establish required restrictions to its operation.
      9. In case if radio transmission equipment is established on the civil aerial vehicles, the authorized body in the scope of civil aviation shall issue permit for use of this equipment.
      10. Civil aerial vehicles, performing international flights shall be equipped with equipment, satisfying the requirements of International Civil Aviation Organization (ICAO) standards.
      11. Flight books shall be maintained on each aerial vehicle, in which data on detected defects of aerial vehicle shall be recorded in the process of operation.
      Form and content of the flight book shall be established by the Basic flight rules in air space of the Republic of Kazakhstan.
      12. The authorized body in the scope of civil aviation shall issue export air worthiness certification for export of civil aerial vehicle from the State register of civil aerial vehicles of the Republic of Kazakhstan.
      Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 48. Maintenance operation and repair of civil aerial vehicles

      1. Maintenance operation and repair of civil aerial vehicles shall be performed in accordance with the Rules of maintenance operation and repair of civil aerial vehicles of the Republic of Kazakhstan, certified organizations on maintenance operation and repair of aviation equipment, aviation personnel, having the valid certificate issued in accordance with Article 54 of this Law, or certificate, issued by foreign state and recognized in accordance with Article 55 of this Law.
      2. Maintenance operation of civil aerial vehicles shall be carried out according to the programs (reglaments) of maintenance operation.
      Program (reglament) of maintenance operation of aerial vehicle, registered in the State register of aerial vehicles of the Republic of Kazakhstan shall be approved by the authorized body in the scope of civil aviation.
      3. Use of aggregates, component parts and spare parts to them that do not have identifying documents (official lists, passport, marks, documents on admission to operation, authentic duplicates), issued by their producer or certified organization on maintenance operation and repair shall be prohibited upon conduct of maintenance operation and repair of civil aerial vehicles.
      4. Certification procedure of organizations on maintenance operation and repair of aviation equipment of civil aviation shall be carried out by the authorized body in the scope of civil aviation.
      Procedure for conduct of certification procedure of organizations on maintenance operation and repair of aviation equipment of civil aviation shall be established by the Rules of certification procedure and issuance of certification of organization on maintenance operation and repair of aviation equipment of civil aviation.
      5. Certification organizations on maintenance operation and repair of aviation equipment of foreign states shall be admitted to works on maintenance operation and repair after recognition of their certifications by the authorized body in the scope of civil aviation. Procedure for recognizing certifications of foreign organizations on maintenance operation and repair of aviation equipment shall be established by the authorized body in the scope of civil aviation.
      6. Certified organization on maintenance operation and repair of aviation equipment in accordance with type design on security management of flights upon maintenance operation of aerial vehicles shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights.
      Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 49. Designations, applied on aerial vehicles

      1. During registration, the aerial vehicles shall be assigned by the state and registration identifying markings, which shall be applied on these vehicles.
      2. Beside the state and registration identifying markings, the aerial vehicles shall be applied by additional markings (symbols, inscriptions, emblems).
      Additional markings shall be applied on aerial vehicles by the method, not impeding visual identification of the state and registration identifying markings.
      3. Procedure for applying the state, registration identifying and additional markings on aerial vehicles and description of the mentioned Laws shall be determined in respect of civil and experimental aerial vehicles by the authorized body in the scope of civil aviation, and in respect of aerial vehicles of the state aviation – by the authorized body in the scope of civil aviation.

Article 50. Preparation to flight of aerial vehicle

      1. Preparation of aerial vehicle, aviation personnel, aerodromes, helicopter aerodromes shall precede to the flight of aerial vehicle.
      2. Rules of preparing to flights shall be established for civil and experimental aviation by the authorized body in the scope of civil aviation, for the state aviation – by the authorized body in the scope of civil aviation.

Article 51. Aerial vehicle lease

      1. Citizens or organization of the Republic of Kazakhstan being the possessors of aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall have the right to lease the vessel with crew team or without crew team to the air operator of the Republic of Kazakhstan or foreign air operator.
      The air operator of the Republic of Kazakhstan shall have the right to lease aerial vehicle with crew team or without crew team, belonging to citizens or organizations of the Republic of Kazakhstan or foreign state.
      2. Foreign lessee shall be prohibited to perform the flights on the leased aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or its air operator is the civil aviation organization of the Republic of Kazakhstan, in the zone of military actions, armed conflicts and performance of flights, linked with transportation of weapons, ammunition, military formations.
      3. Lease of aerial vehicle of the Republic of Kazakhstan without crew team to foreign air operator shall not be allowed without existence of the agreement, concluded between the authorized body in the scope of civil aviation and competent body of foreign state, in which the foreign air operator is registered in accordance with Convention on International Civil Aviation. This agreement shall be registered in the International Civil Aviation Organization (ICAO).
      4. Control and supervision of the aerial vehicle operation of the Republic of Kazakhstan leased without crew team to foreign air operator shall be carried out on the basis of the agreement, mentioned in paragraph 3 of this Article.
      Footnote. Article 51 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 52. Freight of aerial vehicle

      1. Freight of aerial vehicle shall be carried out in accordance with the contract of affreightment (charter).
      The contract of affreightment (charter) shall include the names of parties, type of aerial vehicle, aim of leasing, maximum amount of transported passengers, weight of luggage, cargo and postal matters, amount of freight, point of departure, time and point of destination of transportation.
      Contract of affreightment may include the other conditions as well.
      2. Carrier shall have the right to postpone time of beginning of the transportation and taking off time of aerial vehicle without requiring additional payment from the freighter in the landing areas, provided by the plan, to perform additional landings or change the flight route, if it is necessary for safety ensuring of the flight of aerial vehicle.
      3. Carrier shall be obliged to transfer all the seat capacity of aerial vehicle without undue delay and keep aerial vehicle in such condition so that it may be used for the purposes, provided by the agreement during the validity of the agreement.
      4. Freighter shall have the right to transfer affreight aerial vehicle in sub-charter under agreement of the carrier.

Chapter 6. AVIATION PERSONNEL

Article 53. Classification of aviation personnel

      1. Aviation personnel shall be divided into aviation personnel of civil, state and experimental aviation depending on belonging to the types of aviation.
      2. Lists of offices of aviation personnel of civil, state and experimental aviation shall be established by joint order of the authorized bodies in the scopes of civil and state aviation.
      3. Aviation personnel of civil aviation shall be obliged to comply with the rules of wearing of the uniform and rank badges in the manner, established by the authorized body in the scope of civil aviation.

Article 54. Professional training and admission to the types of the activity of aviation personnel of civil aviation

      Footnote. Title of Article 54 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Professional training of aviation personnel of civil aviation shall include initial training, re-training and maintenance of professional level.
      Initial training and re-training of aviation personnel shall be carried out in aviation training centres.
      Maintenance of professional level shall be carried out in aviation training centres and (or) organizations of civil aviation.
      The authorized body in the scope of civil aviation shall determine the list of individuals, having the right to determine the level of aviation personnel. These persons shall conform to qualification requirements, established by the authorized body in the scope of civil aviation.
      2. Conformance of services of the aviation training centre of civil aviation to certification requirements shall be approved by the authorized body in the scope of civil aviation by issuance of aviation training centre certification of civil aviation.
      Procedure for conducting the certification procedure of aviation training centre of civil aviation shall be established by the Rules of certification procedure and issuance of aviation training centre certification of civil aviation.
      Foreign aviation training centres of civil aviation shall be admitted to training and maintenance of professional level of aviation personnel of civil aviation after recognition of their certifications by the authorized body in the scope of civil aviation.
      3. Persons, related to aviation personnel shall be obliged to pass professional training through the programs, coordinated by the authorized body in the scope of civil aviation for carrying out of professional activity.
      Persons, linked immediately with performance and flight operations of aerial vehicles and their maintenance operation, air traffic maintenance shall be admitted to professional activity in existence of valid certificate for the right of carrying out this activity and conformance of the health condition to established requirements.
      Requirements on health condition, submitted to aviation personnel, as well as categories of persons, subject to compulsory medical certification shall be established by the Rules of medical certification in civil aviation of the Republic of Kazakhstan, developed on the basis of International Civil Aviation Organization (ICAO) standards and approved by the authorized bodies in the field of health care and in the scope of civil aviation. Conformance of the health condition of a person, related to aviation personnel shall be approved by medical conclusion, being the integral part of aviation personnel certificate.
      Issuance and extension of the validity of aviation personnel certificate, as well as introduction of qualifying and special ratings in certificate shall be determined by the Rules of issuance and extension of the validity of aviation personnel certificates, approved by the authorized body in the scope of civil aviation.
      4. Person, related to aviation personnel shall be admitted to independent professional activity after probation and decision of civil servant, conducted probation on possibility of admission to independent professional activity. Responsibility for justified decision on possibility of admission to independent professional activity of aviation personnel shall be borne by persons, conducted probation.
      5. Issuance of aviation personnel certificate to a person for the right of carrying out of professional activity shall be carried out by the authorized body in the scope of civil aviation upon conformance to qualification requirements. Qualification requirements to the person for receipt of aviation personnel certificate shall be determined by the authorized body in the scope of civil aviation.
      The authorized body in the scope of civil aviation shall keep register of issued aviation personnel certificates in accordance with this Article and aviation personnel certificates, recognized in accordance with Article 55 of this Law.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      6-1. The authorized body in the scope of civil aviation shall suspend the validity of aviation personnel certificate (decision on recognition) of a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the cases of:
      1) non-compliance of technology of performing the works, having an impact on air worthiness of aerial vehicle;
      2) insufficient professional training, detected during verifications;
      3) systematic or single gross violation of established requirements upon operation and performance of flights, upon air traffic maintenance and maintenance operation;
      4) falsification of records and data, related to performance of official duties, linked with them;
      5) performance of the activity, linked with aerial vehicle handling, maintenance operation of aerial vehicles, air traffic maintenance under the influence of alcohol, drugs and (or) substance abuse (their analogies).
      6-2. The authorized body in the scope of civil aviation shall revoke aviation personnel certificate (decision on recognition) from a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, in cases of:
      1) receipt of certificate (decision on recognition) by falsification of documents submitted by it;
      2) falsification of records and data, related to performance of official duties, linked with them;
      3) loss of aviation personnel certificate, its substitution by the reason of change of last name, first name, patronymic (in its existence if any) and according to other technical reasons;
      4) retirement according to health condition or death (upon recommendation of data from the work place);
      5) work stoppages for more than five years;
      6) under the court decision.
      6-3. Procedure and terms for suspension of aviation personnel certificate, as well as its revocation from an applicant (owner), being the individual, related to aviation personnel shall be determined by the Rules of issuance and extension of the validity of aviation personnel certificates.
      7. Special aspects of working schedule of aviation personnel of civil and experimental aviation, linked immediately with flight operation safety, shall be established by the Government of the Republic of Kazakhstan.
      In accordance with special aspects of working schedule of aviation personnel of civil and experimental aviation, linked immediately with flight operation safety, the air operator of aerial vehicle of civil aviation, the type of which is certified by aviation powers of foreign state shall have the right to approve the provision on organization of time of work and rest of crew team members of aerial vehicles in recognition of international standards on the issues of labour, rest, safety ensuring of flights, used during operation of such aerial vehicles.
      8. Admission of aviation personnel to performance and maintenance of the flights of especial importance shall be carried out in concurrence with the Safeguard Service of the President of the Republic of Kazakhstan.
      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10. Persons linked with performance and flight operations of aerial vehicles and their maintenance operation, air traffic maintenance shall be prohibited to carry out such activity under the influence of alcohol, drugs and (or) substance abuse (their analogies) or use substances, inducing such intoxication in the process of performing own obligations.
      Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 55. Recognition of aviation personnel certificate of foreign state

      1. Aviation personnel certificate issued by foreign states shall be recognized valid in the Republic of Kazakhstan under the condition that requirements in accordance with which such certificates are issued, answer to the standards, established by International Civil aviation Organization (ICAO).
      Recognition of aviation personnel certificate, issued by foreign state to a citizen of the Republic of Kazakhstan, or aviation personnel certificate of foreign citizen, arriving in the Republic of Kazakhstan for employment, shall be carried out by the authorized body in the scope of civil aviation with issuance of the relevant certificate.
      2. Procedure and conditions for recognizing the aviation personnel certificates, issued by foreign states shall be established by the authorized body in the scope of civil aviation.

Article 56. Crew team of aerial vehicle

      1. Crew team of aerial vehicle are the persons of aviation personnel being charged with fulfillment of particular obligations on handling and maintenance of aerial vehicle on performance of flights in the manner, established by the authorized body in the scope of civil aviation.
      Crew team of civil aerial vehicle shall contain air crew and crew team, other than air crew, including the cabin crew.
      Person shall hold the office of a pilot, panel operator (flight engineer), navigating officer or flight radio officer, included in air team and crew team, other than air crew, civil aerial vehicle, air operator of the Republic of Kazakhstan, in existence of valid certificate of aviation personnel, issued in accordance with Article 54 of this Law, or aviation personnel certificate, issued by foreign state and recognized in accordance with Article 55 of this Law.
      2. Minimal composition of air crew of aerial vehicle shall be determined by its developer depending on the type and designation of aerial vehicle, aims and conditions of operation and shall be stated in the documents on flight operation of aerial vehicle of each type.
      3. For the period of undergoing the tests of experimental aerial vehicle, the minimal composition of air crew shall be determined by the developer of aerial vehicle.
      4. Flight of aerial vehicle in incomplete composition of the air crew shall not be allowed.
      5. Each member of crew team shall have the right to refuse from performance of flight mission, if in his (her) opinion there is reasonable apprehension for regular completion of the flight.
      6. Members of cabin crew of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to speak Kazakh language upon the care of passengers.
      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 57. Commander of aerial vehicle

      1. Commander of aerial vehicle may be a person who completed the relevant training, has the pilot certificate and admission to the right of independent control of aerial vehicle of this type in established manner.
      1-1. Commander of aerial vehicle of civil aviation may be a pilot, who has a valid pilot certificate and admission for independent control of aerial vehicle of particular type and appointed by the air operator or in case of general aviation – by the owner of aerial vehicle to perform the obligations of commander and ensure safety performance of the flight.
      2. Commander of aerial vehicle shall ensure compliance with the flight rules and operation of aerial vehicle irrespective of whether he carries out aerial vehicle handling or not, discipline and order on aerial vehicle, rules of conduct on aerial vehicle, as well as take measures on safety ensuring of people being on board, safety of aerial vehicle, cargo and property.
      3. Orders of commander of aerial vehicle shall be subject to compulsory fulfillment by all persons, being on board of aerial vehicle.
      4. Commander of aerial vehicle shall require unconditional fulfillment of rules, linked with safety ensuring of flight from all persons, being on board of aerial vehicle, as well as give relevant orders within his (her) competence to any person, being on board of aerial vehicle.
      5. Commander of aerial vehicle shall have the right to:
      1) make final decision on taking off, flying and landing of aerial vehicle, as well as on termination of the flight and return to the aerodrome or unscheduled landing in case of visible threat to flight operation safety of aerial vehicle for the purpose of prevention of aviation accident. Such decisions may be made with departure from the flight plan, instructions of the relevant air traffic support body (air traffic control body) and as far as possible in accordance with established flight rules;
      2) give the orders to persons, being on board of aerial vehicle, and require their fulfillment for the purpose of safety ensuring of the flight of aerial vehicle;
      3) apply all necessary measures, including measures of compulsion in relation to persons who create immediate threat to the flight operating safety of aerial vehicle by their actions and refuse to abide his (her) orders;
      4) draw up the relevant act on violating the rules of conduct on aerial vehicle during performance of flights;
      5) take out people, mentioned in subparagraph 3) of this paragraph from aerial vehicle, transfer them to law enforcement bodies upon arrival of aerial vehicle on the nearest aerodrome;
      6) make decisions on fuel draining in flight, dumping of luggage, cargo and postal matters, if it’s necessary for safety ensuring of flight of aerial vehicle and its landing;
      7) conduct preflight inspection of passengers, cabin luggage, luggage and cargo in the absence of the relevant aviation security service;
      8) take other necessary measures on ensuring of safety completion of the flight of aerial vehicle.
      6. Commander of aerial vehicle, received information during the flight about people, suffering or suffered disaster shall be obliged to inform about this to the relevant air traffic support body (air traffic control body) and render possible assistance, if this does not constitute a threat to the flight operating safety of this aerial vehicle, passengers and crew team.
      7. In case of aviation accident, the commander of aerial vehicle shall control the actions of persons, being on board of aerial vehicle before delegation of his (her) powers to the representatives of search and rescue services of aerial vehicles.
      8. In case of detection of diseased persons being in need of emergency medical treatment, as well as persons who carry infectious diseases or food poisoning, commander of aerial vehicle shall be obliged to inform the airport service of the first landing about this.
      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 58.Managing workers of the aviation organizations, ensuring the flight operating safety

      1. Managing workers of civil and experimental aviation organizations, ensuring the flight operating safety shall be recognized: head of air service, chief of inspection on flight operating safety, head of aviation engineering service.
      2. The list of offices of the state aviation workers, ensuring the flight operating safety shall be determined by the authorized body in the scope of civil aviation.
      Appointment and release of the state aviation workers, ensuring the flight operating safety shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. AIR OPERATOR

Article 59. Admission of persons to operation of civil aerial vehicles

      1. Individuals or legal entities of the Republic of Kazakhstan, admitted to the operation of civil aerial vehicles may be:
      1) air operator, performing commercial airborne transportations, after certification procedure and receipt of the air operator certification;
      2) air operator, performing the aviation works, after certification procedure and receipt of certificates for performance of aviation works;
      3) general air operator.
      2. Air operators shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights in accordance with the standard type instruction on the flight operating safety management of air operators of civil aerial vehicles, with the exception of those related to general aviation and operating the aerial vehicles with maximal certificated takeoff weight less than five thousand seven hundred kilograms.

Article 60. Certification procedure of air operators of civil aerial vehicles

      1. An applicant shall direct the application of standard form with documents, confirming the conformance to certification requirements according to the list to the authorized body in the scope of civil aviation in accordance with the Rules of certification procedure and issuance of the air operator certification of civil aerial vehicles and (or) Rules of permitting the air operator to the aviation works for receiving the air operator certification and (or) certificate for performance of aviation works.
      The air operator shall be obliged to dispose certified aerial vehicles, trained personnel, documents, equipment, buildings, constructions, necessary for the flight operation, maintenance operation of aerial vehicles and ensuring of performing the flights, as well as carry out compulsory insurance.
      The air operator shall bear responsibility for alarm reporting during flights of his (her) aerial vehicles in uncontrolled air space.
      Conditions of certification procedure the air operators shall be determined by the Rules of certification procedure and issuance of the air operator certification of civil aerial vehicles and (or) Rules of permitting the air operator to aviation works.
      2. The air operator shall be prohibited to violate operational requirements and restrictions, established by the air operator certification and (or) certificate for performance of aviation works. Simultaneous introduction of one and the same aerial vehicle into certifications of two and more air operators shall not be allowed.
      3. The air operator certification and (or) certificate for performance of aviation works shall not be subject to transferring to the other person.
      4. The authorized body in the scope of civil aviation shall suspend the validity of the air operator certification and (or) certificate for performing the aviation works in the cases of:
      1) non-compliance of the air operator with certification requirements and restrictions;
      2) non-securing of insurance in accordance with the requirements of the Laws of the Republic of Kazakhstan on compulsory types of insurance;
      3) detection of violations, having an impact on the flight operating safety, established upon inspection investigations, as well as in the foreign states;
      4) in case of written application of the air operator.
      The procedure for suspension of validity of the air operator certification of civil aerial vehicles and (or) certificate for performing the aviation works shall be determined by the Rules of certification procedure and issuance of the air operator certification of civil aerial vehicles and Rules of permitting the air operator to aviation works respectively.
      If the air operator of aerial vehicle does not eliminate detected violations within established term, the authorized body shall revoke the air operator certification and (or) certificate for performing the aviation works.
      In case of termination of commercial airborne transportations by the air operator more than six months, the authorized body in the scope of civil aviation shall revoke the air operator certification.
      5. Refusal in issuance of the air operator certification and (or) certificate for performing the aviation works may be appealed in court.
      Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 61. The air operators of general aviation

      1. The grounds for admitting the air operators of general aviation to the flights, operating the aircrafts with maximal certified takeoff weight less than five thousand seven hundred kilogram, helicopters independently from the maximum certified takeoff weight, as well as flight facilities and auxiliary units are the compliance with the following conditions:
      1) existence of valid pilot certificate with admission to the handling of this type of aerial vehicle;
      2) existence of certificate on the state registration of civil aerial vehicle and valid certification of air worthiness of civil aerial vehicle;
      3) securing of insurance in accordance with requirements of the Law of the Republic of Kazakhstan on compulsory types of insurance;
      4) conclusion of the agreements with flying clubs or non-commercial organizations, uniting the air operators of aerial vehicles for rendering of services on ensuring of alarm reporting during the flights in uncontrolled air space.
      Flight operating safety shall be ensured by commander of aerial vehicle (pilot) and owner of aerial vehicle, being the air operator of general aviation.
      2. Air operators of the general aviation, operating the aircrafts with maximum certified takeoff weight more than five thousand seven hundred kilograms, and (or) aircrafts, equipped by one or several turbojet (turboprop) engines shall be admitted to flights after issuance of the certificate for the right to perform the flights by the authorized body in the scope of civil aviation in accordance with the Rules of admitting the air operators of general aviation to the flights.
      3. For receipt of certificate for the right of performing the flights, the owner of civil aerial vehicle shall direct the application with documents, confirming the conformance to requirements, established by the Rules of admitting the air operators of general aviation to the flights to the authorized body in the scope of civil aviation.
      4. For receipt of certificate for the right of performing the flights, the owner of aerial vehicle shall be obliged to dispose certified aerial vehicle, trained aviation personnel, documents, equipment, required for air operation, maintenance operation of aerial vehicle and ensuring of performing the flights, as well as carry out the compulsory insurance.
      The air operator (owner) of aerial vehicle shall bear responsibility for alarm reporting during the flights of his (her) aerial vehicles in uncontrolled air space.
      5. Certificate for the right of performing the flights shall not be subject to transfer to the other person.
      6. The authorized body in the scope of civil aviation shall suspend the validity of certificate for the right of performing the flights in the cases of:
      1) non-compliance of the air operator (owner) of aerial vehicle with requirements and restrictions, established by the Rules of admitting the air operator of general aviation to the flights;
      2) non-securing of insurance in accordance with requirements of the Laws of the Republic of Kazakhstan on compulsory types of insurance;
      3) detection of violations, having an impact on the flight operating safety, established during inspection verifications, as well as in foreign states.
      The procedure for suspension of certificate for the right of performing the flights shall be determined by the Rules of admitting the air operators of general aviation to the flights.
      7. Refusal in issuance of certificate for the right of performing the flights may be appealed in court.
      Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 62. Flying club

      1. Flying club shall keep records of concluded agreements with the air operators for rendering of services, provided by the flying club.
      Flying club shall have the right to delegate its obligations before the air operator to the other flying club on the basis of agreement, concluded between them and in concurrence with the air operator.
      The standard type agreement for rendering of services by the flying club shall be established by the authorized body in the scope of civil aviation.
      2. The flying club shall ensure alarm reporting and shall have the right to provide meteorological and aeronautical information, services on continuing airworthiness, maintenance operation and repair of aerial vehicles, professional training of aviation personnel, air traffic maintenance to the air operators, employing its services within zone of responsibility, ensuring of aviation security.
      3. Flying club shall not bear responsibility for performance of requirements on the flight operating safety and aviation security in accordance with the agreement, concluded with the air operator.

Chapter 8.AERODROMES (HELICOPTER AERODROMES). AIRPORTS

Article 63. Classification of aerodromes (helicopter aerodromes)

      1. Depending on belonging, the aerodromes (helicopter aerodromes) shall be divided into the aerodromes (helicopter aerodromes):
      of civil aviation;
      of experimental aviation;
      of state aviation.
      2. Depending on use, size of the flight strip and load bearing capacity of their cover, as well as depending on equipment of aerodromes (helicopter aerodromes), classification of aerodromes (helicopter aerodromes) of civil, experimental and state aviation shall be determined by the means of communication, lighting and radio-technical support of flights by the relevant authorized bodies in the scope of aviation.
      3. Depending on the type of the surface of flight strip, the aerodromes (helicopter aerodromes) may be with artificial surface, unsurfaced, snowy, ice and water aerodrome, as well as on floating barges, vessels and other constructions.

Article 64. The air operator of aerodrome (helicopter aerodrome), airport of civil aviation

      1. The air operator of aerodrome (helicopter aerodrome) shall be recognized as individual or legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with international treaties, ratified by the Republic of Kazakhstan that uses the aerodrome (helicopter aerodrome) on the right of ownership or other legal grounds.
      The air operator may be only the legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with the international treaties, ratified by the Republic of Kazakhstan that uses the airport on the right of ownership or other legal grounds.
      The air operator of aerodrome (helicopter aerodrome), airport shall:
      1) ensure and control the safety performance of flights and aviation security in the territory of the airport, aerodrome (helicopter aerodrome), as well as by individuals and legal entities, carrying out the activity in the territory of the aerodrome (helicopter aerodrome), airport;
      2) establish a committee on control of the activity that may constitute a threat to the flight operating safety in the aerodrome environs;
      3) keep the daily plan on receipt and departure of aerial vehicles, ensure its performance, jeep records and analysis of regularity of departures, takeoff and landings of aerial vehicles;
      4) present the reports on safety performance of flights, aviation security, audit, accounting reports at the request of the authorized body in the scope of civil aviation;
      5) have the right for closure of aerodrome (helicopter aerodrome), airport for receipt and departure of civil aerial vehicles due to technical and meteorological conditions, threatening the flight operating safety of aerial vehicles;
      6) have the right to carry out navigation activity, by this the expenses on carrying out such activity shall not have an impact directly or indirectly on tariffs on the regulated services.
      2. Candidate for the chief executive officer of the air operator of airport shall conform to qualification requirements, established by the authorized body in the scope of civil aviation.
      3. The air operator of aerodrome (helicopter aerodrome), airport shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights.
      Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 65. Airport activity

      1. The following services of airport activity shall include:
      1) ensuring of takeoff and landing;
      2) ensuring of aviation security;
      3) ensuring of rendezvous and release of aerial vehicles;
      4) maintenance operation and service maintenance of aerial vehicles;
      5) passenger service, processing of luggage, cargo, postal matters;
      6) provision of civil aerial vehicles, objects and services of the airport by fuel and lubrication materials and special liquids, control of their quality;
      7) provision of the air operators of civil aerial vehicles and other consumers by the special mechanical transport vehicles and equipment;
      8) provision of passengers, crew teams by food in airports and civil aerial vehicles;
      9) information service of passengers, crew teams, population with provision of necessary data in the field of civil aviation;
      10) other services, the list of which shall be approved by the authorized body in the scope of civil aviation together with the authorized body, carrying out the administration in the scopes of natural monopolies and on the regulated markets, including the operations, included to these services, and services, mentioned in this paragraph.
      2. In the territory of airport, the services of airport activity may be rendered by the air operator of airport and other organizations on a competitive basis, with the exception of activity, related to the regulated services of airports by the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets. Requirements to such organizations, procedure and conditions of their admission to provide the airport activity in the territory of airports shall be established by the Rules of ensuring the access of service providers (goods, works) for carrying out the airport activity, approved by the authorized body in the scope of civil aviation together with the authorized body, carrying out the administration in the scopes of natural monopolies and on the regulated markets, and the state body, carrying out administration in the scope of business competition protection and restriction of monopoly activity.
      The air operator of airport shall not have the right to refuse in carrying out the airport activity in the territory of the airport to other organizations unreasonably, with the exception of the activity, related to the regulated airport services by the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets.
      Decision on refusal of the air operator of airport in carrying out the airport activity to the other organizations may be appealed in court.

Article 65-1. Airport terminal

      1. Airport terminal for handling of internal flights shall have the airline ticket offices, registration desks, rooms of registration, waiting rooms, departure and arrival lounges, ablutions, as well as specially equipped rooms for disabled persons and limited mobility people, room for mothers with children, objects of information service, medical station, guard station, lost and found department.
      2. Airport terminal for handling of international flights shall additionally have the objects and premises in accordance with requirements of the Rules of opening and closing the airports for the international flights operation of aerial vehicles, approved by the authorized body in the scope of civil aviation.
      3. People shall be provided with trustworthy information on time of departure and arrival of flights, cost of air ticket and their existence, emergency medicine, location of book of complaints and suggestions, work schedule of airport terminals, location of the premises, as well as the list of services, rendered to the people.
      Provision of information shall be ensured for disabled persons as well, with the use of languages, texts, Braille letters, tactile communication, large prints, available multimedia.
      4. Passages and exits shall be available for disabled persons and limited mobility people (equipped by entrance ramps, specialized lifts).
      5. Airport terminals intended for public service shall be in a good technical condition.
      6. Persons, carrying out the activity in airport terminals shall ensure safety of passengers, create necessary conditions for them, serve in a civilized manner, be polite and preventive in treatment with all persons, require compliance with requirements of the legislation of the Republic of Kazakhstan from them.
      7. Airport terminals are the integral part of transportation process and shall be operated in accordance with the requirements of the legislation of the Republic of Kazakhstan.
      8. Depending on the class of airport terminal, additional requirements shall be submitted to the quality of service and equipping of airport terminals.
      The class of airport terminal and method of determining the class of airport terminal shall be established by the authorized body in the scope of civil aviation.
      Footnote. Chapter 8 is supplemented by Article 65-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014).

Article 66. Certification procedure and admission of aerodromes, helicopter aerodromes to operation

      1. Aerodromes (helicopter aerodromes), used by civil aviation, as well as aerodromes of joint use and basing shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of civil aviation.
      Aerodromes (helicopter aerodromes), used only by the state aviation shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of the state aviation, approved by the authorized body in the scope of civil aviation.
      2. The classified aerodrome (helicopter aerodrome) shall be admitted to operation after receiving the certification on its air worthiness by the air operator of aerodrome (helicopter aerodrome) and notification of the authorized body in the scope of civil aviation on opening of the aerodrome (helicopter aerodrome).
      3. Unclassified aerodrome, temporary aerodromes and landing places shall be admitted to operation in accordance with the Rules of determining the operational suitability of unclassified and temporary aerodromes and landing places, approved by the authorized body in the scope of civil aviation.
      4. Procedure for admission of aerodromes (helicopter aerodromes) of the state aviation to the operation shall be determined by the authorized body in the scope of civil aviation.
      5. Unclassified aerodrome, temporary aerodromes and landing places, used in the interests of state aviation shall be admitted to the operation in accordance with the Rules of operation of aerodromes (helicopter aerodrome) of the state aviation of the Republic of Kazakhstan.
      6. Procedure for certification procedure of aerodromes (helicopter aerodromes), used in the scope of civil aviation shall be determined by the Rules of certification procedure and issuance of the air worthiness certification of aerodrome (helicopter aerodrome).
      7. Refusal in issuance of the air worthiness certification (helicopter aerodrome) shall be performed in cases, if:
      1) the aerodrome (helicopter aerodrome) does not conform to the operational suitability standards of civil aerodromes (helicopter aerodromes);
      2) the air operator of aerodrome (helicopter aerodrome) does not conform to requirements, established by paragraph 1 of Article 64 of this Law.
      8. The authorized body in the scope of civil aviation shall suspend the validity of air worthiness certification of aerodrome (helicopter aerodrome) for the term of up to six months in the cases of:
      1) non-compliance with the certification requirements by the air operator of aerodrome (helicopter aerodrome);
      2) upon the application of the air operator of aerodrome (helicopter aerodrome).
      9. If the air operator of aerodrome (helicopter aerodrome) did not eliminate detected non-conformities of the reason of suspension in established term, the authorized body shall revoke the air worthiness certification of the aerodrome (helicopter aerodrome).
      10. In concurrence with the authorized body in the scope of civil aviation, the temporary deviations from the operational suitability standards of aerodromes (helicopter aerodromes) shall be allowed, if such deviations are compensated by introduction of additional measures, ensuring the aircraft safety factor is equivalent to the established measure.
      11. Responsibility for safety ensuring of flights, conformity to certification requirements, operational suitability within the whole period of operating the aerodrome (helicopter aerodrome), temporary aerodrome and landing place shall be imposed on the air operator.
      Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 67.Registration of aerodromes (helicopter aerodromes)

      1. Aerodromes (helicopter aerodromes) used for the purpose of civil aviation, except for unclassified and temporary aerodromes shall be subject to registration in the register of aerodromes (helicopter aerodromes) of civil aviation.
      Upon opening of aerodromes (helicopter aerodromes) civil aviation organizations shall direct the application with annexation to the authorized body in the scope of civil aviation as follows:
      1) copies of entitling document on the right (of permanent or temporary compensated land use) to the land plot or other object, on which the aerodrome (helicopter aerodrome) is located;
      2) copies of documents, confirming the right of ownership or right of possession to the aerodrome (helicopter aerodrome) (purchase and sale agreement, transfer and acceptance act, order on transfer on the balance, right of ownership, property lease, trust management and etc.);
      3) information on technical specifications, geographical coordinates and location (inhabited locality) of aerodrome (helicopter aerodrome).
      Closing of aerodromes (helicopter aerodromes) in the authorized body in the scope of civil aviation shall be carried out upon the application of civil aviation organization.
      2. Registration of aerodromes (helicopter aerodromes) of civil aviation, aerodromes of joint use and joint basing shall be carried out by the authorized body in the scope of civil aviation.
      3. Unclassified and temporary aerodromes (helicopter aerodromes) landing places shall be subject to registration by the air operators in the manner, determined by the authorized bodies in the scopes of civil and state aviation.
      Footnote. Article 67 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 68. Aerodrome service of aerial vehicles

      1. The air operators of aerodromes (helicopter aerodromes), aeronautical, meteorological organizations shall carry out the aerodrome, aeronautical and meteorological flightsupport of aerial vehicles on aerodromes (helicopter aerodromes), opened for common use, on the equal conditions and on the basis of agreements (public agreements).
      2. Aerodromes, airports may be closed for acceptance and production of aerial vehicles in announced time of their work only on technical or meteorological conditions, threatening to the flight operating safety.
      3. Services, included to the composition of airport activity, mentioned in subparagraphs 1) – 3) of paragraph 1 of Article 65 of this Law shall be carried out without compensation in cases of performing the flights of aerial vehicles:
      1) suffering or suffered disaster, as well as aerial vehicles, the routes of flights of which were changed due to accident situation on a board, refuse or defect of material part;
      2) for conduct of search and rescue works or rendering of assistance to people during natural disasters;
      3) due to emergency situations, linked with the act of unlawful interference to the aviation activity.

Article 69. Aerodromes of joint basing and use

      1. Aerodrome of joint basing is the aerodrome, on which civil, state and (or) experimental aviation organizations are jointly based.
      2. Aerodrome of joint use is the aerodrome, used jointly by civil, state and (or) experimental aviation.
      3. Operation of aerodromes of joint basing and aerodromes of joint use shall be carried out on the basis of agreements in accordance with the Rules of using the aerodromes of joint basing of civil and state aviation of the Republic of Kazakhstan, approved by the authorized body in the scope of civil aviation jointly with the authorized body in the scope of civil aviation.
      4. Aerodromes of joint basing and aerodromes of joint use shall relate to the civil or state aviation on accessory. The list of such aerodromes shall be approved by the joint order of the heads of authorized bodies in the scopes of civil and state aviation of the Republic of Kazakhstan.

Article 70. Airports for international flight operations of aerial vehicles

      1. Procedure for opening and closing of airports for international flight operation of aerial vehicles shall be determined by the authorized body in the scope of civil aviation.
      2. Airports, handling internal flights may be admitted to international flights support, linked with performance of technical, unscheduled landings and humanitarian flights, as well as with the performance of the state tasks, by issuance of temporary permits for acceptance, production and maintenance of civil aerial vehicles, performing international flights from the airports (to the airports) not admitted for international flight support.
      3. Airports, opened for international flights of the state and experimental aerial vehicles of foreign states, as well as international flights of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states shall be determined by the authorized body in the scope of civil aviation.
      Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 71. Liquidation or transfer of aerodromes and airports

      Liquidation or transfer of aerodromes and airports in the other location shall be carried out under decision of the possessor.

Article 72. Construction within the aerodrome environs

      Projecting, construction and development of residential and rural settlements, as well as construction and reconstruction of industrial, economic and other objects within the aerodrome environs shall be conducted in compliance with the safety requirements of the flights of aerial vehicles in recognition of possible negative effect of the aerodrome’s equipment and flights of aerial vehicles on the health of people and activity of individuals and legal entities, as well as in recognition of requirements of Article 90 of this Law.

Article 73. Temporary administration of airports

      1. In case of threat to the national security of the Republic of Kazakhstan, expressed in use of the airport, being strategic object, in violation of the interests of the state, life and health of people, the authorized body in the scope of civil aviation shall implement temporary administration in respect of the air operator of airport, admitted to international flights support in coordination with the Government of the Republic of Kazakhstan.
      2. Temporary administration of the air operator of airport, admitted to international flights support shall be carried out by temporary administration.
      Temporary administration of the air operator of airport, admitted to international flights support shall be carried out at the expense of the air operator of airport.
      3. Decision on implementation of temporary administration may be appealed in judicial proceeding by the possessor, the air operator of airport or a person, authorized by the general meeting of stockholders of air operator.
      4. The authorized body in the scope of civil aviation shall establish temporary administration, the composition of which includes representatives of the possessor and the air operator of airport, in respect of which the temporary administration is implemented.
      5. For the period of validity of temporary administration of the air operator of airport, admitted to international flight support:
      1) full powers on administration of the air operator of airport shall be transferred to temporary administration;
      2) the rights of the air operator on administrating the airport shall be suspended;
      3) powers of the air traffic control bodies of the air operator of airport and its administrative officers shall be suspended.
      6. Temporary administration shall:
      1) adopt decisions about all the questions of the activity of the air operator of airport within the competence, determined by this Law;
      2) conclude agreements and sign the documents on behalf of the air operator of airport;
      3) carry out the representation on behalf and in the interests of the air operator of airport, as well as in the court;
      4) involve independent experts for assessment of production issues, linked with operation of the airport.
      7. Temporary administration of the air operator of airport shall be terminated on the following grounds:
      1) expiration of the term of temporary administration, established by decision of the authorized body in the scope of civil aviation;
      2) adoption of decision on advanced completion of temporary administration by the authorized body in the scope of civil aviation;
      3) enforcement of the court decision on termination of temporary administration.
      8. For the damage, inflicted to the air operator of airport, admitted to performance of international flights by illegal actions (omission) in the period of temporary administration, the members of temporary administration shall bear responsibility, established by the Laws of the Republic of Kazakhstan.

Chapter 9.AIRBORNE TRANSPORTATIONS. AVIATION WORKS

Article 74.The right of carrying out the airborne transportations. Airline carriers

      1. Airline carriers, having the valid air operator certification shall have the right to carry out the airborne transportation of passengers, luggage, cargo and postal matters for payment or on hire (commercial airborne transportations).
      2. Airline carriers may carry out the other activity in the scope of civil aviation in accordance with this Law.
      3. Airline carriers, performing the regular airborne transportations shall be established in the form of joint stock company in the manner, established by the Laws of the Republic of Kazakhstan.
      4. Participatory share of foreign persons, stateless persons and (or) foreign legal entities in the charter capital of airline carrier in the form of joint stock company shall not exceed forty nine percent.
      5. Airline carrier shall be obliged to dispose aerial vehicles, including their reserve, financial resources and property for safety operation of aerial vehicles and maintenance of their air worthiness, fund of spare parts to aerial vehicles for organization and operation of flights of aerial vehicles and quality of the rendered services, as well as for organization of training and re-training of aviation personnel in accordance with the certification requirements.
      6. Candidate for the chief executive officer of airline carrier shall conform to qualifying requirements, established by the authorized body in the scope of civil aviation.

Article 75. International airborne transportations

      1. General provisions on airborne transportations shall be applied during international airborne transportations on civil aerial vehicles of the Republic of Kazakhstan, unless otherwise arisen from international treaties, ratified by the Republic of Kazakhstan.
      2. Appointed air carrier is the carrier, determined by the authorized body in the scope of civil aviation in the manner, established by Article 80 of this Law, for carrying out the regular airborne transportations in accordance with international treaty on air communication, the participant of which is the Republic of Kazakhstan.
      3. International airborne transportations of postal matters shall be carried out in compliance with the rules of international treaties, ratified by the Republic of Kazakhstan.

Article 76. General provisions in the scope of space airborne transportations

      1. Commercial airborne transportations shall be performed on the basis of the agreement of airborne transportation. The airborne transportation agreement shall be certified by execution of carriage documents, issued by the airline carrier or persons (agents) authorized by it.
      Space airborne transportations of passengers, luggage and cargo shall be carried out in accordance with the Rules of transporting the passengers, luggage and cargo on air transport, confirmed by the Government of the Republic of Kazakhstan.
      2. Each passenger shall be issued by particular ticket that shall confirm:
      1) familiarization of passenger with conditions of the airborne transportation agreement;
      2) conclusion of the airborne transportation agreement between passenger and airline carrier.
      Ticket shall be issued on the basis of data of the document, confirming identity of a passenger.
      3. Airline carrier shall be obliged to comply with pull dates of food products, offered during the passenger service on the board of aerial vehicle.
      Airline carrier and its civil servants shall bear responsibility for violation of the pull dates of food products, offered during passenger service on the board of aerial vehicle, in accordance with the Laws of the Republic of Kazakhstan.
      4. The luggage ticket containing indication of the points of departure and destination shall be issued during the transporting registered luggage.
      5. Consignment containing the indication of points of departure and destination, weight, conditions of transporting a cargo shall be issued during the transportation of the cargo. A sender shall represent details and enclose all the documents, required for a recipient before issuing a cargo for performance of procedures, established by the legislation of the Republic of Kazakhstan and foreign states to consignment.
      Special aspects of transporting dangerous cargos on civil aerial vehicles shall be determined by the Instruction on transporting dangerous cargos on civil aerial vehicles, approved by the authorized body in the scope of civil aviation.
      6. Airborne transportation agreement of postal matters, its conditions and acceptance of postal matters for carriage shall be certified by the postal waybill.
      7. Execution of carriage documents shall be carried out by entering necessary data in electronic or paper form of carriage document in manual, automatic or electronic mode.
      Execution of carriage document after booking shall be performed in terms, established by the airline carrier.
      8. Basic types of fees, collected by airline carrier and included in the cost of transportation of passenger, luggage, cargo and postal matters are the airport taxes and fuel surcharges.
      9. Fuel surcharge is a fee, collected by airline carrier for the purpose of compensation of the cost escalation on aviation fuel in the period of validity of the tariff on carriage, upon calculation of which this escalation was not possible for consideration.
      10. Airport tax shall be introduced and collected by the airline carrier for the purpose of compensation of the cost of services for passenger service in the airport.
      11. Information service of passengers in airports and on the board of aerial vehicles shall be carried out in Kazakh and Russian languages.
      Use of other languages shall be allowed additionally.
      Footnote. Article 76 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 76-1. Use of air transport upon emergency situations of social, natural and technogenic nature, imposition of the state of emergency

      Upon occurrence of emergency situations of social, natural and technogenic nature, as well as imposition of the state of emergency, the air transport shall be used for taking the measures on liquidation of emergency situations and their consequences.
      Airline carriers (except for representations of foreign states and international organizations, having diplomatic immunity) shall be obliged to render the services on transportation of the personnel of law enforcement and special state bodies to the places of occurrence, emergency situations and delivering the citizens, being in need of emergency medical treatment to the medical institutions.
      Airline carriers shall be refunded by expenses for rendered services in the cases, provided by this Article, as well as for inflicted harm at the expense of the state budget in the manner, established by civil legislation of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 76-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 77. Rights and obligations of a passenger

      1. A passenger shall have the right to:
      acquire a ticket on any air route, opened for passenger transportations;
      gain a seat according to acquired ticket;
      carry cabin luggage without payment and luggage within established standards;
      services, provided by this Law and other Laws of the Republic of Kazakhstan upon interruption in transportation due to the fault of carrier or upon delay, cancellation of the flight due to late arrival of aerial vehicle, change of the transportation route;
      to other rights, provided by the legislation of the Republic of Kazakhstan.
      2. A passenger shall be obliged to:
      comply with the Rules of transporting passengers, luggage and cargo on aerial vehicle and not to admit the actions, creating threat to the flight operating safety of aerial vehicle;
      not to create obstacles during performance of official duties by aviation personnel;
      incur other obligations in accordance with the legislation of the Republic of Kazakhstan.

Article 78. Unilateral termination of the airborne transportation agreement of a passenger

      1. A passenger shall have the right to refuse from the flight and regain the payment for transportation in amount, established by the airborne transportation agreement.
      2. Airborne transportation agreement may be terminated upon an initiative of airline carriage unilaterally in cases of:
      1) refusal of a passenger from inspection, established by Article 107 of this Law before the flight of aerial vehicle;
      2) violation of the Rules of transportation of passengers, luggage and cargos on aerial vehicle by a passenger and (or) commission of actions by a passenger, creating threat to the flight operating safety of aerial vehicle;
      3) if a passenger is under the influence of alcohol, drug, and (or) substance abuse that may create a threat to health of the passenger himself (herself) or safety of all the persons and property, being on the board, as well as inconvenience to other passengers;
      4) non-fulfillment of the obligations by passengers on the board of aerial vehicle, provided by Article 88 of this Law.
      Condition of alcohol, drug, substance abuse of a passenger shall be confirmed by medical certification in the manner, established by the legislation of the Republic of Kazakhstan.
      3. In case of termination of the airborne transportation agreement, the payment contributed for transportation shall be refunded in the manner, provided by the airborne transportation agreement.
      Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 79. Air routes

      1. Regular and unscheduled commercial airborne transportations shall be carried out on air routes.
      2. Air routes shall be divided into international and internal routes.
      International air routes for carrying out of regular commercial airborne transportations shall be determined in accordance with international treaties of the Republic of Kazakhstan.
      Airline carriers, conforming to the qualifying requirements, established by the rules of admitting the airline carriers to perform the regular internal commercial airborne transportations shall be admitted to perform internal regular commercial airborne transportations.
      3. Regular transportations on air routes, carried out on the basis of decisions of the Government of the Republic of Kazakhstan or the state body, authorized by it, as well as transportations, carried out on the basis of decisions of local executive bodies of regions, cities of republican significance and the capital, not ensuring the revenue yield, required for effective functioning of the air route, shall be subject to subsidization at the expense of budget funds.
      Footnote. Article 79 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 80. Distribution of international and subsidiary air routes for regular airborne transportations

      Footnote. Title of Article 80 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Distribution of international and subsidiary air routes for carrying out of the regular airborne transportations between airline carriers of the Republic of Kazakhstan shall be performed by the authorized body in the scope of civil aviation on the competition basis. Winners of tenders shall be issued by certificates on air route.
      Airline carriers, conforming to qualification requirements, established by the rules of tendering process to international air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters, as well as the rules of tendering process on subsidiary air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters.
      2. The authorized body in the scope of civil aviation shall revoke the air route certificate from the airline carrier in case of non-performance of conditions of operating the air route.
      3. Conditions of operating the air route mean:
      1) compliance of airline carrier with the schedule that includes the date of beginning of operating the air route, performance of established quantity of regular flights in particular period of time and application of the type aerial vehicles on air route and (or) seat capacity, established by the schedule, with the exception of cases of threatening to the flight operating safety and (or) in consequence ofinsuperable force;
      2) conformance to international treaties on air communication, the participant of which is the Republic of Kazakhstan;
      3) existence of irreducible financial means reserve of the airline carrier, required for ensuring of regular airborne transportations, in accordance with established schedule within one month without consideration of expected income.
      4. Upon revocation of certificate on international or subsidiary air route of the airline carrier, the certificate shall be issued to other participant of a tender, the tender offer of which is recognized as the best after a winner (winners).
      5. For satisfying the need of people in the air communication, the authorized body in the scope of civil aviation shall have the right to issue certificate on international or subsidiary air route to the airline carrier without tendering process on distribution of air routes for operating the air route, need in which is occurred in the period between tenders on distribution of air routes.
      Upon distribution of international or subsidiary air route, the need in operation of which is occurred in the period between the tenders, the certificate shall be issued to all the airline carriers, presenting the applications, under condition of conformity of the airline carrier to qualification requirements, provided by the rules of tendering process on international air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters, as well as the rules of tendering process on subsidiary air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters.
      Footnote. Article 80 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 81. Activity of foreign air carriers in the territory of the Republic of Kazakhstan

      1. Foreign air carriers shall carry out their activity in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan and international treaties, the participant of which is the Republic of Kazakhstan.
      2. Foreign air carriers, planning the performance of regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan) shall be obliged to pass registration in the authorized body in the scope of civil aviation.
      3. Procedure for registration and requirements, submitted to foreign air carriers shall be determined by the authorized body in the scope of civil aviation.
      4. Conditions of granting the right to transportation in respect of foreign air carrier shall be determined by the international treaties on air communication, the participant of which is the Republic of Kazakhstan, and by the legislation of the Republic of Kazakhstan.
      5. Foreign air carriers shall be obliged to provide good and safe food to the crew team and passengers in compliance with the terms of implementation in accordance with the legislation of the Republic of Kazakhstan in the scope of population health and public health system.
      6. Representatives of foreign air carriers in the territory of the Republic of Kazakhstan shall carry out informative service of passengers in Kazakh language.
      Use of other languages shall be allowed additionally.

Article 82. Performance of aviation works

      1. Aviation works shall be carried out on the basis of agreement between the air operator of civil aerial vehicle and a customer.
      2. The list of aviation works and requirements to their performance shall be established by the Basic flight rules in the air space of the Republic of Kazakhstan.

Chapter 10. RESPONSIBILITY IN THE SCOPE OF AIRBORNE TRANSPORTATIONS

Article 83. Responsibility of air carrier for inflicting the harm to life and health of a passenger, caused during airborne transportation

      1. Air carrier shall bear responsibility for inflicting the harm to life or health of a passenger upon airborne transportation, established by the Laws of the Republic of Kazakhstan, unless he (she) proves that the harm is occurred due to insuperable force or intention of injured person.
      Airborne transportation shall cover the period from the moment of loading a passenger on board of aerial vehicle until the moment, when a passenger abandoned the board of aerial vehicle independently from whether the flight of aerial vehicle is committed or not.
      2. Responsibility of air carrier for inflicting the harm to life or health of a passenger, caused during airborne transportation during performance of international flights, shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.

Article 84. Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of luggage, cargo and things being upon a passenger

      The air carrier shall compensate for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, unless he (she) proves that loss, deficiency or damage (destruction) of cargo or luggage occurred not due to his (her) fault, in the following amount for:
      1) loss or deficiency of luggage, cargo, accepted to transportation without declared value – in amount, established by the airborne transportation agreement;
      2) loss or deficiency of luggage, accepted to transportation with declared value – in amount of declared value;
      3) damage of luggage, cargo – in amount of the sum on which the cost of luggage, cargo is reduced, and in case of impossibility of restoration of damaged cargo or luggage – in amount of its cost.
      For loss, deficiency and (or) damage (destruction) of things being upon a passenger, the air carrier shall compensate for harm in amount of the sum, on which the cost of things is reduced, if a passenger proves that the harm is inflicted due to the fault of air carrier.
      Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, things being upon a passenger upon performance of international flights shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.
      If a loss, deficiency and (or) damage (destruction) of luggage, part of cargo or any subject included to them has an impact on the cost of luggage or cargo inscribed to the same luggage ticket or consignment, the total cost of all this luggage and (or) cargo shall be considered upon establishment of the amount for compensation.
      Together with compensation of established harm, occasioned by loss, deficiency or damage (destruction) of cargo or luggage, the air carrier shall return the carriage charge, collected for carriage of lost, deficient, wasted or damaged cargo or luggage to a sender, if this charge is not included to the cost of cargo.

Article 85. Responsibility of the air carrier for loss, deficiency and (or) damage and delay of the delivering the postal matters

      The air carrier shall bear material responsibility before postal organization for loss, deficiency or damage and delay of delivering the postal matters due to the fault of air carrier in the amount, in which the institutions of communication shall bear responsibility before senders or addressees.

Article 86. Responsibility of air carrier before a passenger upon cancellation or delay of the flight

      1. Upon cancellation or delay of the flight due to the fault of air carrier or delay, cancellation of the flight due to late arrival of aerial vehicle, change of the route for transportation, the air carrier shall be obliged to organize the following services for passengers in the points of departure and intermediate points:
      1) provision (in existence if any) of a room for mothers with children to a passenger with a child under the age of seven years;
      2) two phone calls, as well on international communication lines, with the length of no more than five minutes or two messages via electronic mail upon waiting of flight departure more than two hours;
      3) ensuring of cold drinks upon waiting of the flight departure more than two hours;
      4) ensuring by hot meals upon waiting of the flight departure more than four house and as follows:
      after every six hours – in day time;
      after every eight hours – at night time;
      5) accommodation in hotel, provided by air carrier, upon waiting of the flight departure more than eight hours – in day time and more than six hours – at night time;
      6) delivery by transport, provided by air carrier from the airport to hotel and vice versa in the cases, when the hotel shall be provided without collection of additional payment.
      Services, mentioned in this paragraph shall be provided to passengers without collection of additional payment.
      2. At the choice of passenger, upon cancellation or delay of the flight due to the fault of air carrier for the term of more than ten hours, the air carrier shall be obliged to:
      1) ensure transportation of a passenger by the nearest flight to the point of destination, stated in ticket with provision of services in accordance with paragraph 1 of this Article;
      2) return full cost of the ticket to a passenger.
      Footnote. Article 86 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 87. Compulsory insurance, linked with the civil aviation activity

      Possessors (owners) and air operators of aerial vehicles, other objects and equipment of civil aviation shall be obliged to ensure their civil responsibility, as well as before the passengers and aviation personnel in accordance with the requirements of Laws of the Republic of Kazakhstan on compulsory types of insurance.
      Insurance upon international airborne transportations shall be carried out in accordance with the international treaties, ratified by the Republic of Kazakhstan.

Chapter 11. ACTIONS OR ACTIVITY, INFLUENCING ON THE FLIGHT OPERATING SAFETY OF AERIAL VEHICLES

Article 88. Obligations and actions of persons, being on the board of aerial vehicle on safety ensuring of flights

      1. Persons, being on aerial vehicle as passengers shall:
      1) perform the requirements of commander of aerial vehicle and other members of crew team unconditionally, as well as actions, mentioned on display boards;
      2) place cabin luggage and personal things on the specifically designated locations;
      3) fasten safety harnesses of passenger seat upon the order of commander of aerial vehicle or upon initiation of information signs binding to perform the mentioned actions;
      4) comply with the discipline and order on the board of aerial vehicle within the whole flight.
      2. Persons, being on the board of aerial vehicle, as well as persons to which it belongs, shall be prohibited to interfere to the actions of crew team, require the change of plan and procedure for performing the flight or non-performance of instructions of the air traffic support bodies or air traffic control bodies.
      3. Persons, being on aerial vehicle as passengers shall be prohibited to:
      1) create situations, threatening to the flight operating safety;
      2) threat to members of crew team;
      3) smoke on the board of aerial vehicle within whole flight;
      4) use the mobile, trunking communication services at the all stages of flight, radio electronic means and high frequency household purpose equipment at the stages of taxiing operation, drifting up, landing approach of aerial vehicle.
      Footnote. Article 88 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 89. Situations, created by persons on the board of aerial vehicle, threatening to the flight operating safety

      The situations, created by persons on the board of aerial vehicle, threatening the flight operating safety, mentioned in subparagraph 1) of paragraph 3 of Article 88 shall include:
      commission of the act of violence on board of aerial vehicle with creation of a threat to life or health of people and safety of aerial vehicle, being in flight;
      infliction of damage to aerial vehicle and its equipment ensuring the safety performance of the flight;
      purposefully giving false information creating a threat to safety of aerial vehicle in flight;
      commission of action, leading to placing device or substance on aerial vehicle that may destruct aerial vehicle or inflict damage to it, threatening its safety in flight;
      approaches of opening the doors and (or) emergency exits of aerial vehicle, with the exception of cases of occurrence of emergency situation on board of aerial vehicle.

Article 90. Activity that may constitute a threat to the flight operating safety

      1. Activity that may constitute a threat to the flight operating safety may include construction of objects, power transmission lines, other obstacles, situated on aerodrome environs and at the place within the boundaries of air paths; works, in consequence of which the electro-magnetic, luminance, acoustic, corpuscular and other types of radiation are carried out; placing the objects, leading to mass flock of birds or deterioration of flight visibility, as well as any other activity, not linked with use of air space indirectly, but having an impact on the flight operating safety of aerial vehicles, their equipment and people being on them.
      Such activity may be carried out only with permit, issued in accordance with the Rules of issuing the permits for carrying out of activity that may constitute a threat to the flight operating safety of aerial vehicles.
      2. Receipt of permit shall be required for the placement:
      1) of all the objects in the area of aerodrome, the height and location of which are determined in recognition of safety ensuring of flights in the Rules of issuance of permits for carrying out of the activity that may constitute a threat to the flight operating safety of aerial vehicles;
      2) communication lines, power transmission lines, as well as other objects of radio, electro-magnetic and luminous radiation that may create noises for normal performance of aviation radio-technical facilities and lighting facilities;
      3) explosive objects;
      4) torches for emergency cut gas burning.
      Upon determination of the height of torches, the maximum possible height of ejection of flame shall be considered;
      5) industrial, other enterprises and structures, the activity of which may lead to visibility deterioration in the areas of aerodrome (helicopter aerodrome).
      3. Placement of objects, mentioned in paragraph 2 of this Article shall be carried out in accordance with permits, issued by the authorized bodies in the scopes of civil or state aviation.
      4. Placing the places of waste food release, construction of fur farms, slaughter houses and other objects, distinguished by attracting and mass flock of birds shall be prohibited in the distance less than fifteen kilometers from the aerodrome check point.
      5. Individuals and legal entities, admitting the violations of rules of carrying out the activity, constituting a threat of the flight operating safety, shall be obliged to eliminate these violations at their own expenses and using own efforts, and before their elimination shall be obliged to terminate carrying out of such activity.
      6. For exclusion of the cases of indeliberate takeoff of aerial vehicles in the area of carrying out the activity, constituting a potential threat to their safety, individuals and legal entities, carrying out such activity shall be obliged to notify the authorized bodies in the scopes of civil and state aviation on the mentioned activity in accordance with the Rules of using the air space of the Republic of Kazakhstan.
      7. Control and supervision of carrying out such activity shall be performed by the bodies in the scopes of civil and state aviation within their competence and zones of responsibility.
      8. Production of all the types of repair, construction and assembly works within the territories of airports may be suspended by the bodies of national security or Safeguard Service of the President of the Republic of Kazakhstan in the period of conducting protection measures.
      Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 91. Marking of objects, constituting a threat of the flight operating safety

      1. Owners of buildings and constructions shall be obliged to place night and day identification marks and devices at their expense in accordance with the Rules of issuing the permits for carrying out the activity that may constitute a threat to the flight operating safety of aerial vehicles, operational suitability standards of civil aerodromes of the Republic of Kazakhstan for the purpose of safety ensuring of the flights.
      Placement of any other marks and devices, similar to identification marks and devices, accepted for aerodrome identification in the area of aerodrome shall not be allowed.
      2. Control of carrying out of marking the objects in the area of aerodrome shall be imposed on the authorized bodies in the scopes of civil and state aviation within their competence and zones of responsibilities.

Chapter 12. AVIATION ACCIDENTS AND INCIDENTS AND THEIR INVESTIGATION

Article 92. Aviation accidents and incidents

      1. Aviation accident in the state aviation shall be recognized as the occasion, linked with the flight operation of aerial vehicle that lead to death incident (bodily damage with fatal consequence) of people, being on the board of aerial vehicle, and (or) loss of this aerial vehicle.
      2. Aviation accident in civil (experimental) aviation shall be recognized as aviation occasion, linked with the use of civil aerial vehicle, with intent to commit a flight which in case of pilot-controlled aerial vehicle takes place from the moment, when any person boarded a vessel with intent to commit the flight until the moment, when all the persons being on board for the purpose of commission of the flight abandoned the aerial vehicle, or in case of unpiloted aerial vehicle takes place from the moment, when aerial vehicle is ready to start the action for the purpose of committing the flight, until the moment of its stoppage in the end of flight and turnoff of the main engine installation and in the course of which:
      1) any person receives bodily damage with fatal consequence (including the cases, when the death came within thirty calendar days from the moment of accident due to injured bodily damage) in the result of being on this aerial vehicle, with the exception of those cases, when bodily damages are received due to natural causes, inflicted to oneself or inflicted to other persons or when bodily damages are inflicted to ticketless persons, evading beyond the zones, in where there is opened access for passengers and members of crew team;
      2) aerial vehicle suffers damage, or destruction of its construction is happened, as a result of which the strength of construction is disrupted, technical or air characteristics of aerial vehicle are deteriorated, the major repair or change of damaged element shall be required, with the exception of cases of:
      refusal or damage of engine, when only one engine, its cowl panel or ancillary components are damaged;
      damages of only the air propeller, rotor blades, tail rotor blades, non-bearing elements of air frame, fillet fairings, winglet, aerial wire, transducer units, inlet guide vanes, tires, brake gears, facial windscreens, wheels or when landing wheels, landing gear panel are inessentially damaged or when there are small bents or puncture hole in the skin, as well as inessentially damages, occasioned by hail precipitation or bird collisions (including puncture holes in the aerial fairing of radio detector);
      damages of other elements, not violating the general strength of construction;
      damages of the elements of lifting and anti-torque propellers, hubs of lifting and anti-torque propeller, transmission gears, damage of fan system or gear case, if these cases do not lead to damages or destructions of bearing member of fuselage (beams), damages of skin of the fuselage (beams) without damage of bearing members;
      3) aerial vehicle is missing or occurs in the place, where access to it is absolutely impossible.
      3. Aviation incident in the state aviation shall be recognized as occasion, linked with the flight operation of aerial vehicle that might create or created a threat to integrity of aerial vehicle and (or) life of people, being on its board, but not finished as aviation accident.
      4. Aviation incident in civil (experimental) aviation shall be recognized as occasion, linked with use of civil aerial vehicle that takes place from the moment when any person boarded a vessel with intent to commit the flight before the moment, when all the people, being on board abandoned the aerial vehicle for the purpose of commission of the flight, and conditioned by deviants from normal functioning of aerial vehicle, crew team, management services and ensuring of the flights, influence of external environment that may have an impact on the flight operating safety, but not finished as aviation accident.

Article 93. Investigation of aviation accident or incident

      1. Aviation situation or incident with aerial vehicle of the Republic of Kazakhstan or with aerial vehicle of foreign state in the territory of the Republic of Kazakhstan shall be subject to compulsory investigation.
      2. The purpose of investigation of aviation situation or incident is establishment of the reasons of occasion and (or) concurrent factors, drawing up recommendations on prevention of aviation situations and safety ensuring.
      Ascertainment of someone’s guilt and responsibility is not a purpose for investigation of aviation accident or incident.
      Investigation of aviation accident or incident shall be carried out by commission with compulsory participation of the authorized representatives of interested parties. In civil and experimental aviation, the commission shall be created by the authorized body in the scope of civil aviation, in the state aviation – by the authorized body in the scope of state aviation.
      3. Powers of commission on investigation of aviation accident or incident, as well as procedure for conducting investigation of aviation accident or incident shall be determined by the Rules of investigation of aviation accidents and incidents, approved by the Government of the Republic of Kazakhstan.
      Upon organization of investigations, the interference in activity of commission on investigation of aviation accidents or incidents from the side of individuals and (or) legal entities, other state bodies shall not be allowed, except for the cases, directly provided by the Laws of the Republic of Kazakhstan.
      Commission on investigation of aviation accident or incident shall have the right to conduct view of place of occurrence, objects and wreckages, related to aviation accident or incident, engage the experts in works, interrogate witnesses, appoint conduct of searches and tests, required for establishing the reasons of aviation accident or incident and (or) concurrent factors, give recommendations for the purpose of prevention of analogous aviation accidents or incidents or reduction of their consequences.
      4. Aviation accident or incident, happened with foreign aerial vehicle in the territory of the Republic of Kazakhstan shall be subject to investigation by commissions of the authorized bodies in the scopes of aviation or shall be investigated by foreign state of the registration country of aerial vehicle (air operator) by mutual agreement.
      5. Conditions and procedure for participation of representatives of the Republic of Kazakhstan in conduct of investigations of aviation accidents and incidents by foreign states with civil aerial vehicles of the Republic of Kazakhstan shall be determined by the Rules of investigation of aviation accidents and incidents.
      6. Upon receiving recommendations on safety ensuring of flights, represented by foreign state in the course of investigation of aviation accident or incident with aerial vehicle of the Republic of Kazakhstan, the authorized body in the scope of civil aviation shall notify the state of the place of occurrence on taken measures or reasons of not taking the measures.
      Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 94. Classification and registration of aviation accidents or incidents

      1. Classification and registration of aviation accidents or incidents shall be carried out by the authorized bodies, on which these powers are imposed in civil, experimental or state aviation.
      2. Classification and registration of aviation accidents or incidents shall be determined by the Rules of investigation of aviation accidents and incidents.
      3. Information reports on aviation accidents, happened with aerial vehicles with maximum certified weight more than two thousand two hundred and fifty kilograms and (or) aircrafts with turbojet engine shall be directed to the International Civil Aviation Organization (ICAO).
      4. For registering the aviation accidents or incidents, the authorized bodies in the scopes of civil and state aviation shall create the system of representing the data on aviation accidents or incidents for the purpose of assistance of collecting information on factual or potential deficiencies in the safety ensuring of flights.
      Procedure for creation of this system shall be determined by the Rules of investigation of aviation accidents or incidents and instructions on safety management of the flights of air operator of civil aerial vehicles, in airports, upon air traffic maintenance, upon maintenance operation of aerial vehicles.

Article 95. Protection of material evidences

      Aerial vehicle, its component parts, airborne and ground facilities of objective control, being on aerial vehicle, as well as the territory and the subjects being on it, affected by aviation accident or incident, all documentation, related to production, repair and operation of aerial vehicle and its flight operation, shall be protected by individuals and legal entities in full inviolability until arrival of commission members on investigation of this aviation accident, with the exception of cases, provided by Article 101 of this Law.

Article 96. Work at the place of aviation accident

      Investigation, conducted at the place of aviation accident shall be related to the category of works in special conditions, equated to the works on liquidation of consequences of natural disasters.
      Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to provide possible assistance of commission on investigation of aviation accident.

Article 97. Financing of works, linked with investigation of aviation accident and procedure for compensation of expenses

      All the works, linked with investigation of aviation accident shall be financed by the air operator.
      Researches and tests, linked with investigation of aviation accident, conducted by scientific and research, constructive, repair and industrial organizations shall be financed by these organizations with the following compensation for expenses by the air operator.

Chapter 13. SEARCH AND RESCUE OF AERIAL VEHICLES, THEIR PASSENGERS AND CREW TEAM MEMBERS

Article 98. Organization of search and rescue of aerial vehicles, their passengers and crew team members

      1. Organization of search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members shall be carried out in accordance with the Rules of organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan, developed in accordance with the International Civil Aviation Organization standards and approved by the Government of the Republic of Kazakhstan.
      Rules on organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan shall contain:
      1) procedure for alarm reporting, scheme of organizing the search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members;
      2) requirements to personnel and fitting with all necessary equipment and communication facilities of air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles;
      3) procedure for development, coordination and approval of the plan for conducting the search and rescue operations;
      4) distribution of responsibility and organization of measure between all the state bodies, air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles and airports that form jointly the search and rescue service in the territory of the Republic of Kazakhstan;
      5) procedure for compensation for expenses to organizations of civil aviation upon carrying out of search and rescue operations (works) by them and participation in their ensuring.
      1-1. Ensuring of stand-by duty of search and rescue aerial vehicles in civil aviation shall be carried out at the expense of fees for aeronautical maintenance.
      2. Works on search and rescue of aerial vehicles of all the states, passengers and crew team members shall be carried out in the territory of the Republic of Kazakhstan at the expense of state budget.
      3. Evacuation of passengers, crew team members of aerial vehicles from the place of disaster shall be carried out by the efforts and means of air operator of aerial vehicle, suffered disaster or other efforts and means with the following compensation for expenses by air operator.
      4. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, organizations shall be obliged to provide any possible assistance in conducting the search and rescue of aerial vehicle and adopt necessary measures on rescuing people before arrival of search and rescue bodies, render medical and other aid to them, as well as protection of aerial vehicle and documentation, equipment and property being on its board.
      5. Upon organization and carrying out of aviation search and rescue works, the efforts and means of state bodies (enterprises) shall be engaged and used in accordance with their competence and charter, as well as crew teams of aerial vehicles, being in the district of search and rescue.
      6. For rendering necessary aid to aerial vehicle, suffering or suffered disaster, the territory of the Republic of Kazakhstan may allow:
      1) search and rescue efforts and means of other states;
      2) owners and air operators of these aerial vehicles;
      3) powers of the state, in which aerial vehicles are registered, suffering or suffered disaster.
      Conditions of such allowance shall be established by the Rules of using air space of the Republic of Kazakhstan and Rules on organizing search and rescue support of flights in the territory of the Republic of Kazakhstan.
      Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014).

Article 99. Actions of crew team of aerial vehicle, suffering or suffered disaster

      1. Crew team of aerial vehicle, suffering or suffered disaster shall be obliged to take measures in accordance with Basic principles of flights in air space of the Republic of Kazakhstan and other possible measures on conservation of life and health of people and preservation of property, including the aerial vehicle.
      2. Crew team of aerial vehicle, suffered disaster shall be obliged to take all possible measures on rescue and safety ensuring of people, property being on board, preservation of aerial vehicle itself before delegating own powers to the representatives of the authorized body in the scope of civil defence. All the crew team members of aerial vehicle shall be obliged to take participation in rescuing people, property and aerial vehicle.
      3. Commander of aerial vehicle, suffering or suffered disaster shall manage the actions of persons, being on board of this vessel, before arrival of representatives of the authorized body in the scope of civil aviation.
      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 100. Informing on aerial vehicles, suffering or suffered disaster

      1. Air traffic support bodies, air traffic control bodies, flying clubs shall adopt all possible measures on rendering necessary aid upon receiving information on aerial vehicle, suffering or suffered disaster, as well as any other information about people, being in danger, in the manner, determined by the Basic rules of flights in air space of the Republic of Kazakhstan, and inform immediately the search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles, as well as notify the authorized bodies in the scopes of civil and state aviation in accordance with the plan of conducting search and rescue operations for organizing conduct of investigation of aviation accident or incident within their competence.
      2. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to inform immediately the authorized body in the scope of civil defence or the nearest aerodrome about all the cases of disaster of aerial vehicles known to them.
      Footnote, Article 100 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 101. Accident rescue operations

      1. Conduct of search and rescue works on aerodrome and aerodrome environs shall be carried out in accordance with the Rules of search and rescue support of flights in airports of the Republic of Kazakhstan by efforts and means of possessors or owners of aerodromes at the expense of air operator, the aerial vehicle of which is suffered disaster.
      2. If aerial vehicle suffered disaster or its parts impede the movement of railway, motor, water transport or flights of aerial vehicles, the head of rescue works shall be obliged to adopt measures on transfer of aerial vehicle (its parts) for the purpose of recovery of movement of transport means or flights, recording preliminarily their location and overall condition.

Article 102. Termination of search of aerial vehicle, its passengers and crew team

      1. In the cases, when measures adopted for research did not have an effect, the decision on termination of search of aerial vehicle, suffered disaster shall be adopted by a chairman of commission on investigation in coordination with the owner of aerial vehicle and head of research and rescue team.
      Decision on termination of searching the aerial vehicle, suffered disaster may be adopted only if there are reasonable grounds to suppose that the further search will not lead to detecting the aerial vehicle by available research and rescue efforts and means and rescuing surviving people.
      2. Decision on termination of search of aerial vehicle, suffered disaster may be appealed by the owner of this aerial vehicle in a judicial proceeding.
      3. Aerial vehicle, the search of which is terminated in accordance with this Article shall be considered as missing.
      Recognition of crew team members and passengers of missing aerial vehicle as missing or declaring them decedent shall be performed in the manner, established by the legislation of the Republic of Kazakhstan.

Article 103. Search and rescue of aerial vehicle beyond the boundaries of the territory of the Republic of Kazakhstan

      Search and rescue of aerial vehicles of the Republic of Kazakhstan, suffering or suffered disaster beyond the boundaries of the Republic of Kazakhstan shall be carried out in recognition of requirements of this Law in accordance with the rules of performing search and rescue works of the state, in the territory of which these works are performed, and international treaties, ratified by the Republic of Kazakhstan.

Article 104. Equipping aerial vehicles and training of crew team in the case of disaster

      1. Aerial vehicles shall be equipped by airborne life-saving equipment and emergency locator transmitters for search and rescue, the list of which shall be determined in accordance with the air worthiness of civil aerial vehicles, depending on the type of aerial vehicle and district of flight, and for aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.
      2. All crew team members of aerial vehicle shall be obliged to undergo special training program of search and rescue training and rendering of assistance to passengers upon occurrence of emergency situation on the board of aerial vehicle.
      3. Passengers shall be instructed compulsorily by the crew team on the actions in such situation and rules of using individual and airborne life-saving equipment.
      Information for passengers shall be provided in Kazakh and Russian languages. Application of visual information shall be allowed.

Chapter 14. AVIATION SECURITY

Article 105. Ensuring of aviation security

      1. Air operators of aerodromes (helicopter aerodromes), air operators of aerial vehicles shall be obliged to take measures on protection of civil aviation from the acts of unlawful interference in its activity in accordance with the Rules of aviation security.
      1-1. Air operators of airports and airline carriers shall have the right to acquisition, storage and use of service weapons and ammunition to them in accordance with the legislation of the Republic of Kazakhstan.
      2. Protection of civil aviation from the acts of unlawful interference in its activity shall be ensured by:
      1) prevention of access from unauthorized persons and transport means in the controlled area of airport;
      2) protection of aerial vehicles on parking points, excluding the possibility of entering of unauthorized persons into aerial vehicles;
      3) exclusion of possibility of unlawful carriage of weapons, ammunition, explosive, radioactive, poisonous, highly flammable and other dangerous substances and subjects, prohibited to transporting on aerial vehicles;
      4) introduction of special measures of precaution upon carriage of weapons and ammunition, ensuring their transportation in luggage in discharged state, in partitions of aerial vehicles isolated from the passengers;
      5) special inspections of aerial vehicles in special cases;
      6) equipping aerial vehicles by technical devices, ensuring safety working of the crew teams in flight, as well as excluding the unlawful use of aerial vehicle;
      7) specifically developed authorized body in the scope of civil aviation and state bodies within their competence in ensuring of aviation security by the counter measures of unlawful interference in the aviation activity, as well as by other measures, ensuring aviation security.
      2-1. If aerial vehicle is subject to the act of unlawful interference, the commander of aerial vehicle shall carry out the attempt to perform landing on acceptable aerodrome as soon as practicable, determined by the authorized body in the scope of civil aviation in accordance with the Rules of aviation security, if the situation on board of aerial vehicle does not require otherwise.
      3. Air operators of aerial vehicles shall ensure existence of Instruction on board of aerial vehicle for crew teams of civil aerial vehicles on the actions in emergency situations, approved by the authorized body in the scope of civil aviation.
      4. Air control and supervision of compliance with the Laws, rules and procedures, ensuring the protection of civil aviation of the Republic of Kazakhstan from the acts of unlawful interference shall be carried out by the authorized body in the scope of civil aviation jointly with other state bodies in accordance with their competence.
      5. Conduct of control and supervision of the quality of aviation security measures, mentioned in paragraph 2 of this Article shall be carried out by:
      1) planned verifications with regularity no less than once a year and unscheduled verifications of the air operators of aerodromes (helicopter aerodromes) and air operators of civil aerial vehicles of the Republic of Kazakhstan and air operators of civil aerial vehicles of foreign states, performing regular flights to the airports of the Republic of Kazakhstan;
      2) official experiments, conducted by the bodies of national security;
      3) internal verifications on aviation security by the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;
      4) certification procedure of organizing the inspection by aviation security service of the airport;
      5) conduct of selecting the specialists, carrying out control and supervision of the quality of aviation security measures;
      6) conduct of analysis of the aviation security state, including detecting defects and adoption of measures on their elimination.
      6. Verifications of air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles shall be conducted for determination of their ability to ensure protection of people, aerial vehicles, objects of civil aviation, radio navigation facilities, equipment, located in the controlled area of airport, from the acts of unlawful interference.
      7. Planned verifications shall be conducted in recognition of assessment of threats and volume of carriages through the airport or air operators of civil aerial vehicles, as well as previously detected violations in the scope of aviation security.
      8. Requirements on conduct of official experiment:
      1) official experiment shall imitate the act of unlawful interference, able to violate continual activity of civil aviation organizations and check the quality of ensuring aviation security of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;
      2) conduct of official experiment shall not impose a threat to lives of people and safety of aerial vehicles, aviation equipment and other objects, being in the controlled area of airport;
      3) official experiment shall not inflict material harm to the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles, other individuals and legal entities and shall not influence on continual activity of the civil aviation organizations;
      4) official experiment shall be carried out under permanent control of representatives of the bodies of national security, head of experiment and head of the aviation security service of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;
      5) exclude the application of force and other methods of avoidance of detention and performance of requirements of the representatives of aviation security service or state bodies, participating in official experiment by participants of experiment.
      9. Internal verification of aerodromes (helicopter aerodromes) and civil aerial vehicles by the air operators shall be conducted by the head of aviation security service on the basis of internal verification program on aviation security, established on the basis of sample program of inspection verification of aviation security, approved by the authorized body in the scope of civil aviation.
      Footnote. Article 105 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 106. Aviation security services

      1. Each airport and airline carrier, performing regular airborne transportations shall have the aviation security service in its structure, fully equipped by the relevant required technical equipment and staff personnel.
      Air operator performing the aviation works and unscheduled airborne transportations shall have responsible person on aviation security in its structure.
      1-1. Employees of aviation security service of airports and airline carriers shall have the right to application, storage and bearing of service weapons and ammunition to it in accordance with the legislation of the Republic of Kazakhstan.
      2. Head of aviation security service, airline carrier, performing the regular airborne transportations may be only a citizen of the Republic of Kazakhstan, immediately subordinated to the chief executive officer of airport, airline carrier, performing the regular airborne transportations, appointed in coordination with the bodies of national security.
      Heads of aviation security service of airline carriers, carrying out the transportations of the President of the Republic of Kazakhstan and other protected persons shall be appointed in coordination with the Safeguard Service of the President of the Republic of Kazakhstan.
      Responsible person on aviation security of the air operator, performing the unscheduled airborne transportations and aviation works may be only the citizen of the Republic of Kazakhstan, immediately subordinated to the chief executive officer of air operator, appointed in coordination with the bodies of national security.
      3. Personal responsibility for ensuring aviation security shall be imposed on:
      1) chief executive officer of organization, being the air operator of airport and head of the aviation security service of airport;
      2) chief executive officer and head of the aviation security service of airline carrier, performing the regular airborne transportations;
      3) chief executive officer and responsible person on aviation security of the air operator of aerial vehicles, performing the unscheduled airborne transportations and (or) aviation works;
      4) owner of aerial vehicle, related to the air operators of general aviation.
      4. Activity of the aviation security services of civil aviation organizations shall be carried out in cooperation with the authorized body, bodies of national security, law enforcement and other state bodies of the Republic of Kazakhstan in accordance with their competence.
      5. The aviation security service shall not admit the persons, having record of conviction that is not removed from official records or not expunged in the manner, established by the Law as for the date of acceptance for employment.
      Footnote. Article 106 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 107.Inspection

      1. For the purpose of safety ensuring of passengers and crew team members of aerial vehicle, the aerial vehicle, its onboard resources and food, crew team members, passengers, luggage, cabin luggage, including the things, being upon passengers, as well as cargos and postal matters shall be subject to compulsory pre- flight inspection.
      2. Pre-flight inspection of passengers, luggage, cabin luggage, including the things, being upon the passengers, crew team members, persons from among the aviation personnel of civil aviation, onboard resources and food of aerial vehicle, cargos and postal matters shall be conducted in the airport by personnel of aviation security service.
      Air operators of aerial vehicles shall answer for conducting pre-flight inspection of own aerial vehicles.
      Inspection in flight shall be performed by crew team member appointed by commander of aerial vehicle.
      Special inspection of aerial vehicle in airports shall be carried out by the personnel of aviation security service of airport with engagement of crew team members (maintenance personnel) and state bodies in accordance with their competence.
      3. On the unclassified aerodrome, temporary aerodrome, landing place on which there is aviation security service, the conduct of pre-flight inspection shall be imposed on the crew team of aerial vehicle.
      4. Proposal for passenger to present possibly available dangerous substances and subjects, established by the list of hazardous substances and subjects, as well as all the types of drugs, prohibited for passengers to carriage on civil aerial vehicles shall precede the inspection of cabin luggage, luggage and personal inspection of passengers.
      Verification of documents, certifying identity of a passenger shall be conducted upon inspection with carriage documents.
      Passengers, evading from inspection of cabin luggage, luggage and personal inspection shall not be allowed for transportation.
      Responsibility for organizing the inspection shall be borne by the heads of airports and heads of aviation security service.
      5. On aerial vehicle, from the moment of closing all its doors after loading and until the moment of opening any of these doors for unloading, inspection may be performed independently from the agreement of a passenger.
      6. Upon inspection, technical means, the requirements of which shall be established by the Government of the Republic of Kazakhstan shall be applied.
      In a capacity of additional measures on ensuring of aviation security, the selective personal inspection of passengers and inspection of their cabin luggage and luggage may be performed by hand.
      Personal inspection of passengers and inspection of their cabin luggage and luggage by hand shall be carried out within the ambits, required for detecting the substances and subjects, prohibited for carriage on aerial vehicle, in accordance with the Rules of aviation security.
      For the purpose of detecting tools or subjects of committing administrative infraction, the personal inspection shall be performed by civil servants, listed in the Code of the Republic of Kazakhstan “On administrative infractions”.
      For the purpose of detecting all available substances and subjects prohibited for carriage on civil aerial vehicles by passengers and crew team members, personal inspection shall be performed by the specialists of aviation security service of airport.
      Personal inspection shall be performed only by persons of the same gender with the inspected passenger in the special designated premises in airports, satisfying the requirements of sanitary and epidemiological rules and regulations.
      Personal inspection of several passengers shall be prohibited in one premise simultaneously.
      Results of personal inspection shall be drawn up by the act, signed by a person, adopted decision on performance of inspection, by a person performing the inspection, and a passenger.
      7. If upon inspection of cabin luggage, luggage and personal inspection of a passenger, the substances and subjects, prohibited to carriage on civil aerial vehicles were not detected, the civil servants of airport and airline carriers, as well as other persons, performing inspection shall be obliged to adopt necessary measures, ensuring departure of a passenger by the flight, on which he (she) have a ticket, or by the next flight.
      In case of refusal of a passenger from the flight or from continuation of the flight by the reason of delay with departure, occasioned by inspection, the airline carrier shall compensate the cost of ticket or its unused part at his (her) request in the manner, provided by the Rules of transportation of passengers, luggage and cargos on air transport.
      8. Inspection shall be performed in respect of each person or his (her) luggage, carried on aerial vehicle, with the exception of civil servants according to special list, approved by the Government of the Republic of Kazakhstan, as well as persons, who carry diplomatic immunity.
      9. Procedure and conditions for performance of inspection in controlled area of airport shall be determined by the Rules of aviation security.

Article 108. Certificate of crew team member

      Presenting certificate of crew team member by the persons of aviation personnel during fulfillment of official duties by them shall grant them the right of priority undergoing the inspection in airports. Certificate of crew team member is a pass to the controlled area of airports.
      Issuance of certificate of crew team member to persons of air staff, cabin crew, maintenance personnel ensuring technical support of flights, having valid aviation personnel certificates, and to personnel, ensuring safety of aerial vehicle in flight, after coordination with the bodies of national security shall be carried out in accordance with the Rules of issuing crew team certificates to persons of air staff, cabin crew, maintenance personnel ensuring technical support of flights, having valid aviation personnel certificates, and to personnel, ensuring safety of aerial vehicle in flight, approved by the authorized body in the scope of civil aviation.

Chapter 15. FINAL AND TRANSITIONAL PROVISIONS

Article 109. Responsibility for violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity

      Violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 110. Transitional provisions

      1. Airline carriers, created before enforcement of this Law shall be obliged to introduce the relevant amendments in their constitutive documents within one year from the date of enforcement of this Law.
      2. In case of non-fulfillment of requirement of paragraph 1 of this Article by airline carriers, the authorized body in the scope of civil aviation shall revoke the air operator certification of civil aerial vehicles no later than three months from the date of expiration of the term, established by paragraph 1 of this Article.

Article 111. Order of enforcement of this Law

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, with the exception of the items from two to six of paragraph 3 of Article 16, that enter into force upon expiry of six months after its first official publication.
      2. Shall be deemed to have lost force from the date of enforcement of this Law:
      1) Law of the Republic of Kazakhstan dated 20 December 1995 “On use of air space and aviation activity of the Republic of Kazakhstan” (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Article 148; Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 321; No. 24, Article 338; 2002, No. 15, Article 147; 2003, No. 10, Article 54; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 8, Article 52; No. 9, Article 67; No. 18, Article 143; No. 20, Article 152; 2009, No. 18, Article 84; 2010, No. 5, Article 23);
      2) Law of the Republic of Kazakhstan dated 15 December 2001 “On state regulation of civil aviation” (Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 320; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 9, Article 67; No. 18, Article 143; 2009, No. 18, Article 84; 2010, No. 5, Article 23).

      The President
      of the Republic of Kazakhstan              N. Nazarbayev