Agreement between the Government of the Republic of Tajikistan and Cabinet of Ministers of Ukraine on air traffic

of March 7, 2008

The government of the Republic of Tajikistan and the Cabinet of Ministers of Ukraine which further are referred to as the Party

being participants of the Convention on the international civil aviation accepted in Chicago on December 7, 1944

wishing to sign the agreement with the purpose of establishment of air traffic between the Republic of Tajikistan and Ukraine,

agreed as follows:

ARTICLE 1 Determination

1. For the purposes of this agreement the following terms mean:

a) "Convention" - The convention on international civil aviation accepted in Chicago on December 7, 1944, and also any appendix and any amendment to them in that measure in what they are accepted by the Parties and are applicable to them;

b) "the aviation authorities" concerning the Republic Tadzhikistanministerstvo of transport and communications, concerning Ukrainyministerstvo of transport and communication or in both cases - person or body, authorized to perform the functions which are carried out now by the mentioned authorities;

c) "the appointed airline" - airline which is appointed and is authorized according to Article 3 of this agreement;

d) "territory" is used in the value specified in article 2 of the Convention;

e) "air traffic", "the international air traffic", "stop with non-commercial purposes" are used in the value specified in article 96 of the Convention;

e) "rate" - the price which is levied for international delivery of passengers, baggage, load and condition according to which it is applied, including payment and conditions for agency and additional services, but excepting remuneration or conditions for transportation of mail;

g) "Appendix" - the table of routes which is attached to this agreement, both any cautions and notes which to contain in Appendix;

h) "reservoir":

concerning the aircraft means commercial loading of this vessel on route or part of route;

concerning contractual lines means reservoir of the aircraft which is operated on such line, increased by the frequency of the flights performed by this aircraft throughout certain period on route or part of route;

i) "charges" - the charges established by competent authorities of the state of the Party or are resolved by these bodies for collection from airlines for use of airport property, airport or aeronautical means, including the equipment for servicing of aircrafts, crews, passengers and load, and for provision of the corresponding services.

2. Appendix to this agreement constitutes its integral part.

ARTICLE 2 Provision of the Rights

1. Each Party grants to other Party the rights provided by this agreement for the purpose of implementation of the international air traffic along the routes specified in Appendix to this agreement (further the referred to as "contractual lines" and "the established routes" respectively).

2. The airline appointed by each Party uses in case of operation of contractual lines along the established routes the following rights:

a) make flight of the territory of the state of other Party without landing;

b) make landing to the territories of the state of other Party with non-commercial purposes in the Items specified in Appendix to this agreement;

c) make landing to the territories of the state of other Party in the Items specified in Appendix to this agreement for the purpose of loading and (or) unloading of the passengers, baggage, mail and load following between the territories of the states of the Parties.

3. Nothing in this Article is considered as to take provision of the right to the appointed airline of one Party aboard passengers, baggage, mail and load for their transportation between Items in the territory of the state of other Party for remuneration or under lease.

4. The technical and business concerns concerning flights of aircrafts and transportations of passengers, load and baggage on contractual lines and also the questions relating to commercial cooperation, in particular, frequencies of flights and types of aircrafts will be solved between the appointed airlines and such arrangements move to the aviation authorities of the Parties on approval.

ARTICLE Z Appointment of Airline and Provision of the Permission to Operate

1. Each Party has the right to appoint one airline for the purpose of operation of contractual lines along the established routes, Having notified on it in writing other Party.

2. After receipt of such notification of the aviation power of other Party with observance of provisions of Items 3 and 4 of this Article without delay will provide to the appointed airline the corresponding permission to flights.

3. The aviation authorities of one Party before issue of permission to flights can demand from the airline appointed by other Party, proofs that it is capable to satisfy the conditions ordered by the laws and rules which are usually applied by these authorities to implementation of the international air traffic.

4. Each Party has the right to refuse provision of the permission to flights specified in Item 2 of this Article or to demand accomplishment of such conditions which she will consider necessary when using by the appointed airline of the rights specified in Article 2 of this agreement, anyway, when mentioned the Party has no evidence that preferential ownership of this airline and the actual control over it is exercised by the Party which appointed this airline, physical persons or legal entities of its state.

5. The appointed airline which got the permission specified in this Article can begin operation of contractual lines provided that on such lines rates according to Article 10 of this agreement are enacted, and also technical and business issues according to item 4 of Article 2 of this agreement are resolved.

ARTICLE 4 Cancellation or suspension of permission to flights

1. Each Party has the right to cancel permission to flights or to suspend use of the rights specified in Article 2 of this agreement granted to the appointed airline of other Party or to demand accomplishment of such conditions which it will consider the rights, necessary for use:

a) if she is not convinced that preferential ownership of this airline and the actual control over it is exercised by the Party which appointed this airline, physical persons or legal entities of its state

b) if this airline does not observe the laws of the rule of the state of the Party granting these rights or

c) if the airline does not comply with the conditions ordered by this agreement.

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