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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 6, 2017 No. 954

About approval of the Regulations on use of airspace of Ukraine

According to part one of article 23 of the Air code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on use of airspace of Ukraine which are applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. To provide to the central executive bodies till June 1, 2018 development and approval of the regulatory legal acts following from the Provision approved by this resolution and to bring own regulatory legal acts into accord with this resolution.

4. This resolution becomes effective from the date of its publication, except Items 1 and 2, which become effective since June 1, 2018.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 6, 2017 No. 954

Regulations on use of airspace of Ukraine

General provisions

1. This Provision determines the organization of use of airspace of Ukraine for the benefit of homeland security and economy, for the purpose of requirements satisfaction of airspace users, safety control of use of airspace.

2. The organization of use of airspace over the high sea where responsibility for air traffic maintenance according to international treaties of Ukraine is conferred on Ukraine (further - the international airspace), is performed according to rules of international law.

Normative legal regulation of use of airspace in the international airspace is performed according to international treaties of Ukraine, standards, recommended practice of International Civil Aviation Organization and taking into account documents of the European organization for safety of air navigation, the legislation of the EU.

3. Action of this Provision extends on physical persons and legal entity irrespective of legal form and subordination on activities in the field of aircraft, use of airspace and which activities create or can potentially create danger to air traffic, obstacles for work of terrestrial facilities of communication, navigation and observation.

4. Accomplishment of flights by foreign national air vehicles, implementation of military activities for use of airspace of Ukraine foreign states is performed according to requirements of international treaties of Ukraine, the Air code of Ukraine, this Provision and other regulatory legal acts.

5. Terms in this Provision are used in such value:

1) direct operation air traffic - for civil aviation value of this term corresponds to value of the term "dispatching air traffic maintenance", for the state aircraft - air traffic control of the air vehicles which are under control of departmental control air traffic;

2) departmental control air traffic - body to which implementation of air traffic control in specially established zones (areas) and along specially established routes is assigned;

3) control zone - the controlled airspace stretching up from earth's surface to the established upper bound;

4) dispatching air traffic maintenance - servicing which is performed for the purpose of collision avoidance of air vehicles among themselves and air vehicles with other obstacles in zone of maneuvering, acceleration and maintenance of the arranged flow of air traffic;

5) the dispatching area - the controlled airspace stretching up from the border established over earth's surface, the established upper bound;

6) permission to flight execution - provision to the operator State aviaservice or the General Staff of Armed Forces of the right to carry out flight in airspace of Ukraine;

7) permission to use of airspace - provision to airspace users of attribution of utilizations of certain part (amount) of airspace of Ukraine for implementation of the activities connected with use of airspace, according to the procedure, determined by bodies of the joint civil and military system of air traffic management of Ukraine;

8) the prohibited area - part of airspace of the established sizes over the territory or territorial waters of Ukraine within which flights of air vehicles are prohibited;

9) the request for use of airspace - the application which is submitted by the airspace user to relevant organ of the joint civil and military system of air traffic management for receipt of permission to use of airspace in shape which is determined by State aviaservice together with the Ministry of Defence;

10) the collection of aeronautical information - the collection of the data containing long-term aeronautical information which is important for air navigation;

11) zone with specific mode of use of airspace - part of airspace which borders on forbidden region, and/or airspace over strip of earth's surface 25 kilometers wide deep into of the territory of Ukraine which passes along the state land border and/or shore of the boundary lakes and other reservoirs adjacent to frontier, and also over strip the kilometer 22,2 width (12 nautical miles) which passes across the coastline of the Black and Azov seas deep into of such seas;

12) zone of restriction of flights - part of airspace of the established sizes over the territory or territorial waters of Ukraine within which flights of air vehicles are limited according to certain conditions;

13) controlled airspace of air traffic maintenance - part of airspace within which dispatching air traffic maintenance according to classification of airspace is provided;

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