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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 10, 2017 No. 134

About approval of Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport

According to Item 7, to paragraph one of part two of article 9 of the Law of Ukraine "About licensing of types of economic activity" and parts one of article 92 of the Air code of Ukraine the Cabinet of Ministers of Ukraine decides 24 parts one of Article:

Approve Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport which are applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017 No. 134

Licensed conditions of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport

1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license for the right of implementation of economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport (further - the license), and also the exhaustive list of the requirements obligatory to execution when implementing of the specified activities.

2. The licensee shall fulfill requirements of these Licensed conditions, and the license applicant for its obtaining - it to correspond.

3. Action of these Licensed conditions extends to all legal entities, irrespective of their form of business and physical persons of entrepreneurs which perform economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport.

4. Terms in these Licensed conditions are used in the value given in the Air code of Ukraine, the Law of Ukraine "About licensing of types of economic activity" (further - the Law), the Laws of Ukraine "About transportation of dangerous goods", "About waste", and also other laws of Ukraine.

5. The subject of managing can perform economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport fully or partially by the following types:

1) transportations of passengers by air transport;

2) transportations of dangerous goods, dangerous wastes by air transport.

6. The license applicant for its obtaining gives to body of licensing the method provided by part one of article 10 of the Law, the statement for receipt of the license in form according to appendix 1.

7. To the statement for receipt of the license, except the documents provided by part three of article 11 of the Law are applied:

1) information signed by the license applicant (his head or the head of its executive body) on number and date of issue of the existing air operator certificate;

2) documents, confirmatory that Ukraine has more than 50 percent of the authorized capital (block of shares) of the license applicant, legal entities of Ukraine and/or physical resident persons of Ukraine if other is not provided by international treaties of Ukraine;

3) information signed by the license applicant (his head or the head of its executive body) on lack of control (in the value given in article 1 of the Law of Ukraine "About protection of the economic competition") behind activities of the license applicant of resident persons of the states performing the armed aggression against Ukraine (in the value given in article 1 of the Law of Ukraine "About defense of Ukraine") and/or actions of which create conditions for emergence of the military conflict and use of military force against Ukraine.

The list of documents, enclosed to the application for receipt of the license (appendix 2), moves in duplicate.

8. In case of identification of intention concerning narrowing of production of type of economic activity the licensee submits to body of licensing the corresponding application, and in case of identification of intention on expansion of type of such activities also the documents determined by Item of 7 presents of Licensed conditions.

9. The subject of managing which performs economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport shall meet the following requirements:

1) to have the existing air operator certificate and to have at least one aircraft on the property right or on leasing (except leasing with crew);

2) implementation of airborne transportations separately or in combination with any other commercial operation of the aircraft and maintenance of aircrafts shall be the main activities of the company;

3) types of flights (passenger, cargo), place of implementation of activities (areas of flights: within Ukraine and/or the international flights) and material and technical resources (means of production - aircrafts), specified in operational specifications which are integral part of the air operator certificate, shall correspond to the declared type of economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport;

4) more than 50 percent of the authorized capital (block of shares) of the company Ukraine, legal entities of Ukraine and/or physical resident persons of Ukraine shall have if other is not provided by international treaties of Ukraine;

5) the aviation personnel of the subject of managing shall conform to qualification requirements on occupation characteristics, the state of health and to have properly drawn up certificates according to aviation rules of Ukraine;

6) the subject of managing shall draw up employment relationships with hired employees by the conclusion of employment contracts according to the Labor code of Ukraine.

The subject of managing is allowed to perform economic activity on transportation of dangerous goods, dangerous wastes by air transport in case in the column "Special Permissions" of operational specifications which are integral part of the air operator certificate the corresponding designation (E 11) is put down.

10. The subject of managing when implementing economic activity on transportation of passengers, dangerous goods and dangerous wastes by air transport shall:

To store 1) during license effective period documents which copies moved in body of licensing, according to the requirements established by the Law and these Licensed conditions;

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