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Agreement on civil aviation and on use of airspace

of December 21, 1991

The states (further - Contracting states) participants of this agreement, proceeding from the declarations on sovereignty proclaimed them:

being guided by the principles of the Convention on International civil aviation (ICAO) and recognizing value of civil aviation as one of important factors of consolidation and cooperation of the people of all states;

providing complete respect of the rights of Contracting states, and also fair possibilities of development of the international air traffics for each state;

aiming to provide in the greatest possible degree requirements satisfaction in the safe, regular and arranged work of civil aviation;

understanding that safety of the people using services of civil aviation can be provided only in case of observance of uniform rules of the organization, accomplishment and ensuring flights and uses of airspace;

in view of need of implementation of the production and economic and commercial deyatelnost created in the states by competitive market structures with different patterns of ownership;

considering the accumulated international experience of development of aircraft, signed this agreement.

Article 1. Basic principles

Contracting states are recognized that each state has complete and exclusive sovereignty over airspace over the overland and water territory.

The airspace of Contracting states, and also regions of open airspace where, according to international treaties, servicing of air traffic is assigned to the former USSR, for the purpose of the organization, accomplishment of flights and air traffic control of aircrafts, is considered as Single airspace.

Article 2

Each Contracting state independently regulates in those forms which are taken by it, production and economic and business activity of civil aviation and other types of application of aircraft in the territory.

Article 3

Contracting states recognize need of observance of the signed earlier international treaties in the field of civil aviation if they do not contradict the legislation of Contracting states, and also accomplishment of the obligations connected with membership and participation in the international organizations in the specified area.

Article 4

Contracting states recognize necessary preserving taking into account this agreement of operation of the Air Code, regulations, rules and other regulations in the field of aircraft and use of airspace, and also certified, registration and certifying documents until when new acts of the interstate and air legislation of Contracting states are adopted in accordance with the established procedure.

Article 5

In view of that Russian, is one of working languages of International Civil Aviation Organization (ICAO), Contracting states accept it as official language which is applied when implementing activities within this Agreement.

Article 6

The relations of Contracting states in the field of civil aviation and use of airspace with the states, not being participants of this agreement, are based on the conventional principles and rules of international law.

Article 7. Scopes of the Agreement

This agreement establishes the following spheres of joint maintaining and regulation within part of the functions approved by Contracting states, and which are not contradicting the legislation of the State Parties of the Agreement:

a) development of rules and organization of use of airspace, control of their observance. Organization of single air traffic control;

b) development of interstate regulations and standards taking into account requirements of International Civil Aviation Organization (ICAO) for safety of flights, including airworthiness standards of aircrafts, regulations of the validity of airfields, requirements to operators, rules of certification, standards and rules of flights, search and rescue, investigation of aviation incidents and control of their observance;

c) certification of aviation carriers for the international flights, aircrafts, the international airways, airfields, air traffic control systems, navigation and communication, flight and dispatching structure, and also the companies making the aircraft equipment;

d) development of requirements to the professional training level and coordination of training system of aviation specialists;

e) investigation (participation in investigation) of aviation incidents;

e) organization of development and implementation of interstate scientific programs and projects of scientific and technical development of civil aviation, single system of air traffic control, safety of flights. Organization of examination and advisory services;

g) development and coordination of coordinated policy in the field of the international air traffics. Participation in work of International Civil Aviation Organization (ICAO) and other international organizations. The organization of accomplishment of earlier assumed international obligations;

h) development of single systems of air navigation, communication, aeronautical information, regulation of flows of air traffic;

i) coordination of the interstate schedule of air traffic, coordination of general policy in the field of aviation rates and aeronautical charges;

j) development of measures and coordination of work on prevention of acts of illegal intervention in activities of civil aviation taking into account international standards.

Article 8. Interstate bodies

Contracting states form:

Council on aircraft and use of airspace from plenipotentiaries of Contracting states (including representatives of the Ministries of Defence or Committee of defense), and also the representative Glavnokomanduyushchego armed forces of the Commonwealth of Independent States. Council performs the activities on the principles of consensus.

The Interstate Aviation Committee as permanent executive body, authorized to enable the practical realization of this agreement, to ensure functioning of Council and accomplishment of its decisions. Contracting states participate in work of Committee through the plenipotentiaries.

Article 9

The Interstate Aviation Committee is legal successor of the Commission on use of airspace and to air traffic control, the Commission on the state supervision of safety of flights of aircrafts, the Ministries of civil aviation (regarding the functions approved by Contracting states), and also obligations according to international agreements of the former USSR in the field of the international air traffics and to participation in International Civil Aviation Organization (ICAO).

Questions of the conclusion of the new international agreements infringing on interests of all contracting parties are subject to approval in Council for aircraft and use of airspace.

Article 10

The Interstate Aviation Committee uses in the territory of each Contracting state according to its national legal system such legal capacity and legal personality which are necessary for accomplishment of its functions within this agreement.

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