ORDER OF THE MINISTER OF TRANSPORT OF THE REPUBLIC OF KAZAKHSTAN

of June 1, 2026 No. 131

About modification of the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505 "About approval of Rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505 "About approval of Rules of investigation of aviation incidents and incidents in civil and experimental aviation" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 15597) the following change:

Rules of data presentation and investigation of the aviation incidents and incidents in civil and experimental aviation approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to department on investigation of incidents and incidents on transport of the Ministry of transport of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on Internet resource of the Ministry of transport of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising Vice-Minister of Transport of the Republic of Kazakhstan.

4. This order becomes effective after sixty calendar days after day of its first official publication.

It is approved Prosecutor General's Office of the Republic of Kazakhstan

It is approved Committee of homeland security of the Republic of Kazakhstan

It is approved Ministry of Internal Affairs of the Republic of Kazakhstan

It is approved Ministry of Foreign Affairs of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Transport of the Republic of Kazakhstan of June 1, 2026 No. 131

Approved by the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505

Rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation

Chapter 1. General provisions

1. These rules of data presentation and investigation of aviation incidents and incidents in civil and experimental aviation (further – Rules) are developed according to Item 7 of Article 92-1 and with Item 3 of article 93 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft", and also standards and recommended practice of International Civil Aviation Organization (further – ICAO), determine procedure for conducting investigation of aviation incidents and incidents in civil and experimental aviation, and also requirements to system of obligatory and voluntary data presentation about aviation events.

2. The single purpose of investigation of aviation incident or incident is prevention of aviation incidents and incidents in the future. The purpose of these activities is not establishment of share of someone's fault or responsibility.

Determination of the reasons and (or) the promoting factors does not assume assignment of fault or establishment of share of someone's administrative, civil or criminal liability.

3. Any legal (extrajudicial) proceedings or any other investigation directed to establishment of share of someone's fault or responsibility are conducted separately from the investigation made according to these rules.

Process of investigation does not assume upholding or protection of interests of the parties which are involved in investigation.

4. Aviation incidents and incidents with the aircrafts of civil and experimental aviation registered in the State register of civil aircrafts of the Republic of Kazakhstan are investigated by the Commission on investigation of aviation incident or incident (further – the Commission) created by authorized body in the field of civil aviation on representation to authorized organization for investigation of aviation incidents.

5. The aviation incident or incident which happened to the foreign civil aircraft in the territory of the Republic of Kazakhstan are subject to investigation by the commission on investigation of aviation incident or incident created by authorized body in the field of civil aviation or by mutual consent are investigated by foreign state of country of incorporation of the aircraft (operator).

6. The commission on investigation of aviation incident or incident is guided by the principles of objectivity and impartiality in case of the made investigation. For the purpose of independence of investigation the commission on investigation of aviation incident or incident is created taking into account exception of conflict of interest.

The commissions, according to the standards and recommendations stated in Annex 13 to the Convention on International Civil Aviation Organization (further – Appendix 13 to the Convention ICAO), independence in conducting investigation of aviation incidents and incidents is provided.

7. The commission on investigation of aviation incident or incident makes investigation separately from any legal (extrajudicial) proceedings or any other investigation directed to establishment of someone's fault or responsibility. Members of the commission on investigation of aviation event do not express opinion in case of any trials directed to establishment of someone's fault or responsibility.

8. Under the organization of investigations intervention in activities of the commission on investigation of aviation incidents or incidents from physical and (or) legal entities, state bodies is not allowed, except the cases which are directly provided by the laws of the Republic of Kazakhstan. Access to all physical evidences is provided to the commission under the organization of investigations of aviation incidents and incidents without delay.

9. For the purpose of ensuring rapid response and the organization of initial actions in case of aviation events in the territory of the Republic of Kazakhstan, the order of the first head of authorized organization for investigation of aviation incidents creates the crew of rassledovatel on duty from among employees of authorized organization for investigation of aviation incidents providing operational departure to the place of aviation event.

The crew on duty performs actions for investigation of aviation event and carries out powers of the Commission before its creation. During creation of the Commission, person consisting in crew of rassledovatel on duty the Commissions are included.

10. If with the aircraft of civil aviation which is registered in the State register of civil aircrafts of the Republic of Kazakhstan or his operator is the physical person or legal entity of the Republic of Kazakhstan, there was aviation event in the territory of foreign state, the authorized organization for investigation of aviation incidents performs actions according to standards and recommended practice by ICAO and these rules.

11. The terms and determinations used in these rules:

1) airline – the legal entity having the air operator certificate of civil aircrafts;

2) aviation event – any event connected with operation of the aircraft, providing and accomplishment of flight, and also maintenance, repair or its storage irrespective of availability of effects and the established classification, including without limitation, the cases carried to aviation incident or incident;

3) authorized organization for investigation of aviation incidents – the organization, the single founder and the participant (shareholder) of which is the Government of the Republic of Kazakhstan, responsible for the organization conducting investigations of aviation incidents and incidents of civil and experimental aviation;

4) aviation incident with the human victims (catastrophic crash) – the aviation incident which led to death or loss without message of any of passengers or crew members.

Cases of death any of persons which are onboard in the course of emergency evacuation from the aircraft also belong to catastrophic crashes;

5) aviation incident without the human victims (accident) – the aviation incident which did not entail the human victims or loss without message any of passengers or crew members;

6) authorized organization in the field of civil aviation – 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, safety of flights and aviation safety;

7) aviation incident the event connected with use of the civil aircraft which, in case of the piloted aircraft, takes place since the moment when any face is raised aboard the aircraft with intention to make flight, to the moment when all being onboard person left the aircraft, or, in case of the pilotless aircraft is recognized civil or experimental aviation takes place since the moment when the aircraft is ready to move out from the place with the purpose to make flight, until its stop at the end of flight and switching off of the main power plant and during which:

any face sustains bodily harm from the death or serious bodily harm as a result of stay in this aircraft, or direct contact with any part of the aircraft, including the parts separated this aircraft, or direct impact of stream of gases of the jet engine unless bodily harms are sustained as a result of the natural reasons, are put to themselves, or put with other persons or when bodily harms are put to the free riders disappearing out of zones where access to passengers and crew members is usually open;

the aircraft sustains damage or there is destruction of its design therefore design durability is broken, technical or flight characteristics of the aircraft worsen and usually extensive repair or replacement of the damaged element, except as specified refusal or damage of the engine when are damaged only one engine (including its cowls or auxiliary aggregates), air screws, zakontsovka of wing, antennas, sensors, shovels, pneumatics, brake mechanisms, wheels, fairing, panels, chassis shutters, windshields, aircraft covering (for example, small dents or holes) is required, or there are insignificant damages of blades of the bearing screw, blades of the tail screw, the chassis and damage caused by hail or collision with birds (including holes in radar antenna fairing);

the aircraft is missing or it appears in such place where access to it is absolutely impossible.

8) the organization of civil aviation – the legal entity performing activities in the field of civil aviation

9) authorized body in the field of civil aviation – the central executive body performing management in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation;

10) the aircraft which was injured disaster – the aircraft which received serious damage during the taxing, take-off, landing or fall or completely destroyed and also the aircraft which made emergency landing out of airfield;

11) serious bodily harm – injury which is got by person during aviation incident and which:

requires hospitalization more than for 48 hours within seven days from the moment of receipt of damage;

led to fracture of any bone (except for simple fractures of fingers of hands, legs or nose), to dislocations in large joints of extremities and vertebrae or to squeezing of soft fabrics with crush syndrome;

it is connected with the fabric gaps causing severe bleeding, injury of nerves, muscles or sinews;

it is connected with damage of any internal body;

it is connected with receipt of burns of the second or third degree or any burns affecting more than 5% of surface of body;

it is connected with the confirmed fact of impact of infectious substances or the striking radiation;

12) the supplier of aeronautical servicing – the legal entity providing air traffic management and (or) other aeronautical servicing.

13) the state of developer – the state having jurisdiction concerning the organization responsible for design like the aircraft;

14) the aircraft – the device supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from land (water) surface;

15) the maximum certified take-off mass of the aircraft – the maximum admissible take-off mass of the aircraft specified in the certificate of type or management on flight operation of the civil aircraft;

16) the flight recorder – any self-recording device established onboard the aircraft as additional source, data for conducting investigation of aviation incident or incident;

17) serious incident – incident which circumstances are specified the high probability of aviation incident taking place in connection with use of the aircraft which, in case of the piloted aircraft, occurs since the moment when any face is raised aboard the aircraft with intention to make flight, to the moment when all being onboard person left the aircraft, or, in case of the pilotless aircraft, occurs since the moment when the aircraft is ready to move out from the place with the purpose to make flight, until its stop at the end of flight and switching off of the main power plant;

18) the state manufacturer – the state having jurisdiction concerning the organization responsible for final assembly of the aircraft, Item of remote piloting, the engine or air screw;

19) the recommendation about safety of flights having global value (SRGC) – the recommendation about safety of flights concerning system shortcoming which, owing to the existing probability of its repeating with potentially serious effects at the global level, requires acceptance of timely measures for the purpose of increase in level of safety of flights;

20) the C2 line – data line between remotely piloted aircraft and Item of remote piloting for the purpose of flight control;

21) taxonomy of ICAO of ADREP (Accident/Incident data reporting) – the classification system of aviation events which is part of the ICAO system on data presentation about aviation incidents and incidents, the code of the attributes and related values allowing to carry out the analysis of tendencies in the field of safety of flights on these events;

22) the adviser – person designated by the state owing to availability at it the corresponding qualification for the purpose of assistance to the authorized representative of this state in investigation;

23) the recommendation about safety – the offer of authority on investigation, made on the basis of information obtained in case of investigation for the purpose of prevention of aviation incidents or incidents which under no circumstances does not set as the purpose determination of fault or responsibility for aviation incident or incident. In addition to the recommendations about safety following from results of investigation of aviation incidents and incidents, recommendations about safety can follow from different sources, including researches on safety of flights;

24) the remotely piloted aviation system (RPAS) – remotely piloted aircraft, the related Item of remote piloting, the necessary C2 line and any other elements specified in type design;

25) the remotely piloted aircraft (RPA) – the pilotless aircraft piloted from Item of remote piloting;

26) the Item of remote piloting (IRP) – the element of remotely piloted aviation system which is turning on the equipment used for piloting of remotely piloted aircraft;

27) incident – any event, except the aviation incident connected with use of the aircraft which influences or could affect safety of operation;

28) the state of the place of event – the state in the territory of which aviation incident or incident took place;

29) the operator – the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

30) the state of the operator – the state in which there is the main place of activities of the operator or if the operator does not take such place of activities, the permanent place of stay of the operator;

31) the reasons – actions, failure to act, circumstances, conditions or their combination which led to aviation incident or incident. Determination of the reasons does not assume assignment of fault or establishment of administrative, civil or criminal liability;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info