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AIR CODE OF THE REPUBLIC OF TAJIKISTAN

of November 13, 1998 No. 720

(as amended on 14-05-2016)

This Code governs the relations connected with use of airspace of the Republic of Tajikistan and activities in the field of aircraft and determines bases of realization of state policy in this area.

Chapter 1. General provisions

Article 1. Sovereignty concerning airspace of the Republic of Tajikistan

According to the Constitution of the Republic of Tajikistan airspace of the Republic of Tajikistan is exclusive property of the state. The Republic of Tajikistan has complete and exclusive sovereignty concerning airspace of the Republic of Tajikistan.

Article 2. Tasks of the Air code of the Republic of Tajikistan

Tasks of the Air code of the Republic of Tajikistan is regulation of ensuring airborne transportations, aerial works, defenses and safety of the state, protection of interests of citizens, aviation safeties of air vehicles, aviation and ecological safety.

Article 3. State policy in the field of airspace and activities in the field of aircraft

State policy in the field of airspace and activities in the field of aircraft - set of the legal, economic, organizational, military and other measures providing:

safety control and rational use of airspace;

development and implementation of the state target programs;

enhancement of activities in the field of aircraft;

mutually beneficial cooperation with foreign states on use of airspace and activities in the field of aircraft.

Article 4. Air legislation of the Republic of Tajikistan

The air legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 5.

 No. 775 is excluded according to the Law of the Republic of Tajikistan of 26.12.2011

Article 6.

 It is excluded  according to the Law of the Republic of Uzbekistan of 18.03.2015 No. 1181

Article 7. The relations regulated by the air legislation of the Republic of Tajikistan

The air legislation of the Republic of Tajikistan 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 Republic of Tajikistan and also the relations arising in connection with finding of air vehicles of the Republic of Tajikistan outside the territory of the Republic of Tajikistan if other is not provided by the laws of adoptive state or the international legal acts recognized by Tajikistan and the relations arising in connection with accomplishment of flights of air vehicles of foreign states in airspace of the Republic of Tajikistan if other is not provided by the international legal acts recognized by Tajikistan.

Article 8. Property of aircraft    

The property of civil aviation of the Republic Tajikistan - the air vehicles, airfields, the airports, technical means and other means intended for flight servicing of air vehicles according to the legislation of the Republic of Tajikistan can be in different patterns of ownership.

The property of the state aircraft and objects of single system of air traffic management can be only in the form of state-owned property.

Physical persons and legal entities can have civil and air vehicles in the property.

Article 9. Obligatory certification and certification in civil aviation

Legal entities - the air enterprises and individual entrepreneurs performing and providing airborne transportations and aerial works are subject to obligatory certification;

the legal entities performing maintenance and repair of aviation engineering;

airfields, airports;

the educational institutions performing training of specialists of appropriate level according to lists of positions of aeronautical personnel; air vehicles, aircraft engines, air screws, aircraft and ground aeronautical equipment and other objects, and also legal entities whose activities are directly connected with safety-of-life function of air vehicles or aviation safety. The aeronautical personnel is subject to obligatory certification. Obligatory certification and certification is performed by specially authorized bodies to which the organization and carrying out obligatory certification and certification are assigned. Requirements to carrying out obligatory certification and certification and the procedure for their carrying out established by general aviation rules of the Republic of Tajikistan are obligatory for observance by all executive bodies of the Republic of Tajikistan, and also legal entities and citizens. Carrying out obligatory certification is performed paid.

Article 10. Licensing of activities in the field of air transport

Activities in the field of air transport are performed based on the license.

Licensing of activities in the field of air transport is performed according to the Law of the Republic of Tajikistan "About licensing of separate types of activity.

Article 11. Suspension of action or cancellation of the certificate

The certificate it can be suspended by the body which issued this document and also in its action restrictions, according to the procedure, established by general aviation rules of the Republic of Tajikistan can be introduced.

The certificate can be cancelled by the body which issued this document, according to the procedure, established by general aviation rules of the Republic of Tajikistan.

Chapter 2. State regulation of use of airspace

Article 12. Use of airspace

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.

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 13. State regulation of use of airspace

State regulation of use of airspace is understood as establishment by the state of general rules of implementation of such activities, and also responsibility for their observance.

State regulation of use of airspace is performed by the following bodies:

1) specially authorized body in the field of defense - complete state regulation of use of airspace;

2) specially authorized body in the field of civil aviation - state regulation of activities for use of that part of airspace which is in accordance with the established procedure determined for airways (internal and international), local airlines, regions of aerial works, civil airfields and the airports.

Article 14. The state priorities in use of airspace

All airspace users have the equal rights to its use.

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 Republic of Tajikistan or the armed invasion on the territory of the Republic of Tajikistan;

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

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

4) prevention and termination of abuses of regulations of use of airspace of the Republic of Tajikistan;

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 the procedure, established by the Government of the Republic of Tajikistan;

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

9) implementation of regular airborne transportations of passengers, baggage, loads and mail;

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

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

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

Article 15. Organization of use of airspace

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 of airspace;

2) planning and coordinating of use of airspace according to the state priorities, stipulated in Clause the 14th of this Code;

3) providing allowing 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) control of observance of rules of use of airspace of the Republic of Tajikistan.

The organization of use of airspace is performed by bodies of single system of air traffic management, and also bodies of 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 Republic of Tajikistan.

The regulations on single system of air traffic management affirm the Government of the Republic of Tajikistan.

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