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AIR CODE OF THE RUSSIAN FEDERATION

of March 19, 1997 No. 60-FZ

(as amended on 27-12-2019)

Accepted by the State Duma of the Russian Federation on February 19, 1997

Approved by Council of the Russian Federation on March 5, 1997

This Code establishes the legal basis of use of airspace of the Russian Federation and activities in the field of aircraft.

State regulation of use of airspace of the Russian Federation and activities in the field of aircraft is aimed at providing needs of citizens and economy in airborne transportations, aerial works, and also on ensuring defense and safety of the state, protection of interests of the state, aviation safety of air vehicles, aviation and ecological safety.

Chapter I. General provisions

Article 1. Sovereignty concerning airspace of the Russian Federation

1. The Russian Federation has complete and exclusive sovereignty concerning airspace of the Russian Federation.

2. Airspace of the Russian Federation is understood as airspace over the territory of the Russian Federation, including airspace over inland waters and territorial sea.

Article 2. Air legislation of the Russian Federation

1. The air legislation of the Russian Federation consists of of this Code, the Federal Laws, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation, federal rules of use of airspace, federal aviation rules, and also other regulatory legal acts of the Russian Federation accepted according to them.

2. Federal rules of use of airspace and federal aviation rules - the regulations governing the relations in the field of use of airspace and in the field of aircraft and accepted according to the procedure, determined by the Government of the Russian Federation.

Article 3. International agreements of the Russian Federation

If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Code are applied rules of the international treaty.

Article 4. Responsibility for violation of the air legislation of the Russian Federation

Persons guilty of violation of the air legislation of the Russian Federation bear responsibility in accordance with the legislation of the Russian Federation.

Article 5. The relations regulated by the air legislation of the Russian Federation

The air legislation of the Russian Federation governs the relations in the field of use of airspace, the relations arising in connection with activities in the field of aircraft in the territory of the Russian Federation, and also the relations arising in connection with finding of air vehicles of the Russian Federation outside the territory of the Russian Federation if other is not provided by the laws of adoptive state or the international treaty of the Russian Federation, and the relations arising in connection with accomplishment of flights of air vehicles of foreign states in airspace of the Russian Federation if other is not provided by the international treaty of the Russian Federation.

Article 6. Concept of authorized bodies

For the purpose of of this Code authorized bodies are understood as federal executive bodies, and also bodies to which the Federal Law, by the presidential decree of the Russian Federation or the order of the Government of the Russian Federation confers powers of federal executive body in the corresponding sphere of activity and on which responsibility of this body is conferred.

Article 7. Accessory of property of aircraft

The property of civil and experimental aviation - air vehicles, airfields, the airports, technical means and other means intended for flight servicing of air vehicles - in accordance with the legislation of the Russian Federation can be in the state-owned and municipal property, property of physical persons, legal entities, and the same property of the state aircraft and objects of single system of air traffic management - only in federal property. The airfields which are in the state-owned or municipal property cannot be aloof in property of physical persons, legal entities.

Article 7.1. Infrastructure facilities of air transport

1. The following objects belong to infrastructure facilities of air transport:

1) airfields, helidromes, the equipped places for splashdown and mooring of air vehicles, the other objects necessary for take-off, landing, taxing and the parking of air vehicles;

2) air terminals (terminals) and other objects, including the capital construction projects necessary for landing to the air vehicle and disembarkation from it of passengers, loading, unloading and storage of the loads transported by the air vehicle, servicing and safety control of passengers and loads;

3) objects of single system of air traffic management;

4) land objects necessary for operation, contents, constructions, reconstruction and repair of the airports, airfields and helidromes, underground constructions and engineering communications;

5) the buildings, constructions located in the territories of the airports, airfields, helidromes and intended for ensuring aviation security, rendering services ensuring the state control (supervision) in the field of use of airspace.

2. Especially dangerous, technically difficult infrastructure facilities of air transport are landing strips, taxiways, places of parking of air vehicles and platforms of paved airfields with runway length of 1300 meters and more, air terminals (terminals) handling capacity of 100 passengers in hour and more, regional and district dispatch centers of single system of air traffic management, command and dispatching offices and starting control offices more than three floors high or of 1500 m2s and more, except for command and dispatching offices and starting control offices of modular (container) type, and also infrastructure facilities of air transport which part the objects relating according to this Item to especially dangerous, technically to difficult objects are.

Article 8. Obligatory certification and certification in civil aviation

1. To obligatory certification by the body authorized by the Government of the Russian Federation, according to the procedure, established by federal aviation rules, are subject:

1) the airfields intended for implementation of commercial air transportations by airplanes by passenger capacity more than twenty people, and also the airfields open for accomplishment of the international flights of civil air vehicles;

2) the piloted civil air vehicles, aircraft engines, air screws and aircraft aeronautical equipment of civil air vehicles, the civil air vehicles except for piloted by which the airworthiness certificate is issued based on the certificate of type, the certificate about serviceability or other act of approval of standard pattern of the civil air vehicle issued till January 1, 1967 or the appraisal report of the specific air vehicle on compliance of the specific air vehicle to requirements to the flight validity of civil air vehicles and to requirements in the field of environmental protection from impact of activities in the field of aircraft, and also the extralight piloted civil air vehicles weighing design of 115 kilograms and less;

2. 1) pilotless aviation systems and (or) their elements, except for the pilotless aviation systems and (or) their elements including pilotless civil air vehicles on which the airworthiness certificate is issued based on the certificate of type or the appraisal report of the specific air vehicle on its compliance to requirements to the flight validity of civil air vehicles and to requirements in the field of environmental protection from impact of activities in the field of aircraft, and also pilotless aviation systems and (or) their elements which are turning on pilotless civil air vehicles with the maximum take-off mass of 30 kilograms and less;

3) the light-signal and meteorological equipment installed in the certified airfields intended for take-off, landing, taxing and the parking of civil air vehicles and also the radio-radar equipment and the equipment of aviation telecommunication used for air traffic maintenance.

2. Carrying out obligatory certification is performed paid.

3. The legal entities performing development and production of air vehicles and other aviation engineering, aeronautical servicing of flights of air vehicles of airspace users of the Russian Federation, ensuring aviation security, the legal entities, individual entrepreneurs performing commercial air transportations and (or) who are carrying out the determined federal executive body performing functions on development of state policy and normative legal regulation in the field of civil aviation, the aerial works, maintenance of civil air vehicles, the educational organizations and the organizations performing training of specialists of appropriate level according to lists of specialists of aeronautical personnel and also operators of airfields of civil aviation perform the activities in the presence of issued by the bodies authorized by the Government of the Russian Federation, document confirming compliance of the specified legal entities, individual entrepreneurs, operators to requirements of federal aviation rules. The form and procedure for issue of this document are established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of civil aviation.

4. Specialists of aeronautical personnel of civil aviation are subject to obligatory certification according to the procedure, established by the Government of the Russian Federation.

Article 8.1. Obligatory certification of aeronautical personnel of experimental aircraft

1. Specialists of aeronautical personnel of experimental aircraft are subject to obligatory certification.

Obligatory certification of specialists of aeronautical personnel of experimental aircraft is carried out by authorized body in the field of defense industry with participation of the organizations of experimental aircraft.

2. The procedure for carrying out obligatory certification of aeronautical personnel of experimental aircraft is established by federal aviation rules.

Article 9. Licensing of activities in the field of aircraft

1. Separate types of activity in the field of aircraft can be performed by legal entities and individual entrepreneurs based on the licenses provided in accordance with the legislation of the Russian Federation.

2. Ceased to be valid

3. Provision of the corresponding licenses is forbidden to individual entrepreneurs and legal entities specified in article 8 of this Code in the absence of certificates.

4. Ceased to be valid according to the Federal Law of the Russian Federation of 18.02.2020 No. 21-FZ

5. Ceased to be valid

6. Ceased to be valid

7. Ceased to be valid

Article 10. Suspension of action of certificates and their cancellation

1. Certificates it can be suspended, and equally in their action restrictions by the bodies which issued these documents, according to the procedure, established by federal aviation rules can be introduced.

2. Certificates can be cancelled by the bodies which issued these documents, according to the procedure, established by federal aviation rules.

Chapter II. State regulation of use of airspace

Article 11. Use of airspace

1. Use of airspace is represented by activities in the course of which are performed movement in airspace of different material objects (air vehicles, rockets and other objects), and also other activities (construction of high-rise constructions, activities in the course of which there are electromagnetic and other radiations, emission in the atmosphere of the substances worsening visibility, carrying out explosive works and so forth) which can pose safety hazard of air traffic.

2. Airspace users are the citizens and legal entities given in accordance with the established procedure the right to implementation of activities for use of airspace.

Article 12. State regulation of use of airspace

1. State regulation of use of airspace is understood as establishment by the state of general rules of implementation of such activities, the organization and carrying out the state control (supervision) in the field of use of airspace, and also establishment of responsibility for abuses of regulations of use of airspace.

2. State regulation of use of airspace is performed by authorized body in the field of use of airspace.

Article 13. The state priorities in use of airspace

1. All airspace users have the equal rights to its use.

2. In case of need for use of airspace at the same time by two and more airspace users the right to its use is granted to users according to the state priorities in the following sequence:

1) reflection of air attack, prevention and the termination of violations of Frontier of the Russian Federation or the armed invasion on the territory of the Russian Federation;

2) assistance in case of emergency situations of natural and technogenic nature;

3) start, landing, search and evacuation of spacecrafts and their crews;

4) prevention and termination of violations of federal rules of use of airspace;

5) accomplishment of flights of air vehicles, including for the benefit of defense capability and safety of the state, or other activities for use of airspace, performed according to decisions of the Government of the Russian Federation or according to the procedure, established by the Government of the Russian Federation;

6) the accomplishment of flights of air vehicles or other activities for use of airspace performed according to special agreements;

7) accomplishment of flights of air vehicles of the state aircraft in case of sudden checks of air alert, and also in case of transfer of parts and divisions of the state aircraft;

8) implementation of regular airborne transportations of passengers and baggage;

9) accomplishment of flights of air vehicles of the state aircraft;

10) accomplishment of flights of air vehicles of experimental aircraft;

11) implementation of regular airborne transportations of loads and mail;

12) implementation of irregular airborne transportations, accomplishment of aerial works;

13) holding training, sporting, demonstration and other events;

14) the accomplishment of flights of air vehicles or other activities for use of airspace performed for the purpose of requirements satisfaction of citizens.

Article 14. Organization of use of airspace

1. The organization of use of airspace provides safe, economic and regular air traffic, and also other activities for use of airspace. The organization of use of airspace includes:

1) establishment of structure and classification of airspace;

2) planning and coordinating of use of airspace according to the state priorities, stipulated in Clause the 13th of this Code;

3) providing allowing or notifying procedure for use of airspace;

4) the air traffic management representing:

servicing (management) of air traffic;

organization of flows of air traffic;

airspace management for the purpose of ensuring servicing (management) of air traffic and the organization of flows of air traffic;

5) the state control (supervision) in the field of use of airspace.

2. The organization of use of airspace is performed by authorized body in the field of use of airspace, bodies of single system of air traffic management, and also bodies - airspace users bodies of air traffic maintenance (flight management) in the zones and areas established for them according to the procedure, determined by the Government of the Russian Federation.

The regulations on single system of air traffic management affirm the Government of the Russian Federation.

Article 15. Structure of airspace

The structure of airspace includes zones, areas and routes of air traffic maintenance (airways, local airlines and so forth), areas of airfields and airline hubs, special zones and routes of flights of air vehicles, prohibited areas, danger areas (regions of polygons, explosive works and so forth), zones of restrictions of flights of air vehicles and other elements of structure of airspace established for implementation of activities in airspace. The structure of airspace affirms according to the procedure, established by the Government of the Russian Federation.

Article 16. Procedure for use of airspace

According to structure and classification of airspace federal rules of use of airspace establish allowing or notifying procedure for use of airspace. In the cases provided by subitems 1 - 4 Items 2 of article 13 of this Code, are notified on use of airspace relevant organ of single system of air traffic management.

Article 17. Prohibition or restriction of use of airspace

Use of airspace or its certain areas can be forbidden or limited according to the procedure, established by the Government of the Russian Federation.

Article 18. Control of observance of federal rules of use of airspace

1. Control of observance of federal rules of use of airspace is exercised by authorized body in the field of use of airspace, bodies of single system of air traffic management, authorized body in the field of defense regarding identification of air courts violators, and also bodies of airspace users - bodies of air traffic maintenance (flight management) in the zones and areas established for them.

2. The bodies specified in Item 1 of this Article and also airspace users shall take stipulated by the legislation measures of the Russian Federation for prevention and (or) the termination of violations of federal rules of use of airspace.

Article 18.1. The state control (supervision) in the field of use of airspace

The state control (supervision) in the field of use of airspace is exercised by authorized body in the field of use of airspace when implementing of federal state Transport Supervision Service by it according to the procedure established by the Government of the Russian Federation.

Article 19. Responsibility for violation of federal rules of use of airspace

Violation of federal rules of use of airspace involves responsibility in accordance with the legislation of the Russian Federation.

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