The agreement between the Government of the Russian Federation and the Government of the Kyrgyz Republic on air traffic and cooperation in the field of air transport

of March 28, 1996

The government of the Russian Federation and the Government of the Kyrgyz Republic which are hereinafter referred to as with Contracting Parties

being guided by the principles and regulations of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944,

wishing to strengthen and develop mutual cooperation in the field of air transport,

agreed as follows:

Article 1

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

a) "the aviation authorities" concerning the Russian Federatsiiministerstvo of transport of the Russian Federation on behalf of its Department of air transport, either any person, or body, authorized to perform the functions which are carried out now by this Ministry concerning the Kyrgyz Republic - the Ministry of transport of the Kyrgyz Republic, National airlines of Kyrgyzstan "Kyrgyzstan of Aba to zholdor", either any person, or body, authorized to perform the functions which are carried out now by this airline;

b) "the appointed airline" - airline which was appointed and is authorized according to Article 4 of this agreement;

c) "territory" concerning the state - the terrestrial surfaces, territorial and internal waters and airspace over them which are under sovereignty of this state;

d) "rate" - rates at which the payment for transportations of passengers, baggage and loads, including rates for which agency and other additional services, and conditions of their application are paid is levied;

e) "air traffic" - any regular air traffic performed by aircrafts for the purpose of transportation of passengers, mail and loads;

f) "the international air traffic" - the air traffic performed through airspace more than one state;

g) "stop with non-commercial purposes" - landing with any purpose, except landing and disembarkation of passengers, loading and unloading of baggage, mail or load;

h) "Convention" - The convention on international civil aviation open for signing in Chicago on December 7, 1944, and also any Appendix and any amendment to it accepted according to article 90 of this Convention in that degree in which such Appendix and the amendment to it are applicable to Contracting Parties, and any amendment to the Convention adopted according to article 94 of the Convention, ratified respectively by the Russian Federation and the Kyrgyz Republic.

2. Appendix to this agreement constitutes its integral part.

Article 2

Each Contracting Party grants to other Contracting Party the rights provided by this agreement for the purpose of establishment of the international air-lines along the routes specified in Appendix to this agreement (further imenuyutsyadogovorny lines and the established routes).

Article 3

1. Each appointed airline of Contracting Parties will use 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 Contracting Party without landing;

b) make stop with non-commercial purposes in the territory of the state of other Contracting Party;

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

d) make landing to the territories of the state of other Contracting Party in the Items specified in Appendix to this agreement for the purpose of landing and (or) disembarkation of the passengers, loading and (or) unloading of baggage, mail and load following in (from) Items of the third countries. Such right will be granted under approval between the aviation authorities of Contracting Parties.

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

3. Routes of flights of aircrafts on contractual lines and Items of flight over frontier are established by each Contracting Party in the territory of the state.

4. The technical and business concerns concerning flights of aircrafts and transportations of passengers, load and mail on contractual lines and also questions of commercial cooperation, in particular frequencies of flights, quantities of the used Items on the established routes, types of aircrafts, seasonings with aviation fuel, maintenance of aircrafts on the earth and procedure for financial calculations, will be solved by agreement between the appointed airlines and to be submitted for approval of the aviation authorities of Contracting Parties. In the absence of the arrangement these issues will be resolved by the aviation authorities of Contracting Parties.

5. Additional, charter and special flights will be performed according to the laws and rules of each Contracting Party according to preliminary applications of the appointed airline. These applications shall be submitted the aviation authorities of other Contracting Party not later than forty eight (48) hours to aircraft departure, apart from days off and holidays.

Article 4

1. Each Contracting Party has the right to appoint airline(s) for the purpose of operation of contractual lines along the established routes, having notified on it in writing other Contracting Party.

2. On receipt of the notification specified in Item 1 of this Article, other Contracting Party without delay will provide to each appointed airline the permission to operate according to Items 3 and 4 of this Article.

3. The aviation authorities of one Contracting Party before issue of the permission to operate can demand from the appointed airline of other Contracting Party of proofs that it is capable to satisfy the conditions ordered by the laws and rules which are usually applied in case of operation of the international air-lines.

4. Each Contracting Party will have the right to refuse provision of the permission to operate 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 3 of this agreement if this Contracting Party has no evidence that preferential ownership and the valid control over this airline belong to the Contracting Party which appointed this airline, to its bodies or citizens of its state.

5. The appointed airline which got the permission to operate can begin flights on contractual lines provided that on these lines rates according to Article 13 of this agreement are enacted, and also technical and business issues according to item 4 of Article 3 of this agreement are resolved.

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