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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 409

About approval of Rules of state registration of civil air vehicles of the Republic of Kazakhstan and the rights to them

(as amended on 26-03-2021)

According to Item 2 of article 45 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of state registration of civil air vehicles of the Republic of Kazakhstan and the rights to them.

2. Recognize invalid some orders of the Minister of Transport and Communications of the Republic of Kazakhstan according to appendix to this order.

3. To provide to committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printed publicity materials;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

4. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

5. This order becomes effective after twenty one calendar days after day of its first official publication.

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

It is approved

Minister of information and communications of the Republic of Kazakhstan

July 5, 2017

 

______________ D. Abayev

It is approved

Minister of national economy of the Republic of Kazakhstan

July 25, 2017

 

_________________ T. Suleymenov

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of June 30, 2017 No. 409

Rules of state registration of civil air vehicles of the Republic of Kazakhstan and rights to them

Chapter 1. General provisions

1. These rules of state registration of civil air vehicles of the Republic of Kazakhstan and the rights to them (further – Rules) are developed according to requirements of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law on the state services), determine procedure for state registration of civil air vehicles and the rights to them and rendering the state service "Issue of Certificates on State Registration of Civil Air Vehicles of the Republic of Kazakhstan", and also the document forms certifying the rights to them.

2. These rules are applied also to the unmanned aerial vehicles which are subject to accounting in authorized organization in the field of civil aviation.

3. The civil air vehicle is registered in the State register of civil air vehicles of the Republic of Kazakhstan according to the request of his owner (owner) or his operator only under condition if:

1) the air vehicle is not registered in other state;

2) owner or the operator of the air vehicle is the physical person or legal entity of the Republic of Kazakhstan;

3) owner or the operator of the air vehicle is not person included in the list of the organizations and faces tied with financing of distribution of weapons of mass destruction and (or) in the list of the organizations and faces tied with financing of terrorism and extremism according to the legislation of the Republic of Kazakhstan, except for the air vehicle confiscated and (or) collected by a court decision;

4) the certificate of aircraft type or other similar document was issued or acknowledged valid authorized organization in the field of civil aviation;

5) calendar time of operation of the air vehicles intended for carriage of goods (the term calculated from delivery date of the air vehicle before day of registration) does not exceed twenty five years;

6) the resource of the air vehicle intended for carriage of goods, calculated by quantity of cycles of flights and on hours no more than two thirds of part of the established factory resource (with official confirmation of manufacturing plant or design bureau);

7) availability of the equipment providing product transmission about condition and location of the board intended for carriage of goods by means of land and satellite channels.

The air vehicle included in the State register of civil air vehicles of the Republic of Kazakhstan meets airworthiness standards of the civil air vehicles of the Republic of Kazakhstan approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 367 (it is registered in the Register of state registration of regulatory legal acts for No. 12038) (further – airworthiness standards) and requirements of the technical and operational documentation of manufacturing plant or design bureau determining the flight validity.

4. From the moment of entering into the State register of civil air vehicles of the Republic of Kazakhstan the civil air vehicle acquires national identity of the Republic of Kazakhstan.

5. The certificate on state registration of the civil air vehicle is onboard the air vehicle.

6. The civil air vehicle entered in the State register of civil air vehicles of the Republic of Kazakhstan is allowed to flights both in airspace of the Republic of Kazakhstan, and beyond its limits.

7. In these rules the following terms and determinations are used:

1) authorized organization in the field of civil aviation (further - authorized organization) - the joint-stock company with absolute participation of the state in the authorized capital performing the activities aimed at providing sustainable development of industry of civil aviation of the Republic of Kazakhstan, aviation safety and aviation safety;

2) the Certificate on state registration of the civil air vehicle (further - the Certificate on state registration) - the document of the established sample issued by authorized organization (or authorized body in the field of civil aviation) and confirming entering of the civil air vehicle into the State register of civil air vehicles of the Republic of Kazakhstan;

3) deregistration of the air vehicle - exception of the air vehicle of the State register according to the written request of person for benefit of whom irrevocable power is issued;

4) the debtor - the operator or the owner of the air vehicle who issued Irrevocable power;

4-1) principle of "one statement" – the form of rendering the state service providing set of several state services rendered based on one statement;

5) the owner (owner) - physical person or legal entity of the Republic of Kazakhstan which possesses the air vehicle on the property right or other legal causes;

6) the State register of civil air vehicles of the Republic of Kazakhstan (further - the State register) - the document in which state registration of civil air vehicles of the Republic of Kazakhstan, the rights to them is made;

7) irrevocable power - power of physical person or legal entity for benefit of which the right to impose requirements of exception of the State register (deregistration) and export of the air vehicle according to the Protocol on aeronautical equipment to the Convention on the international guarantees concerning mobile equipment is granted;

8) the applicant - physical person or legal entity, being the owner (owner) or the operator of the civil air vehicle;

9) the operator - the physical person or legal entity which is engaged in operation of civil air vehicles or offering the services in this area;

10) the unmanned aerial vehicle - the air vehicle which is carrying out flight without pilot (crew) onboard and managed in flight automatically by the operator from control center or combination of the specified methods;

11) the registered international guarantee - the appropriate right of the creditor concerning the air vehicle, record about which is included in the International register;

12) the Authorized party - person for benefit of whom irrevocable power is issued;

13) the international register - the international service of registration created according to the Cape Town convention and the Aviation protocol for registration of the rights of creditors for air vehicles.

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