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The document ceased to be valid since  March 1, 2016 according to article 4 of the Law of the Kyrgyz Republic of  August 6, 2015 No. 219

AIR CODE OF THE KYRGYZ REPUBLIC

of April 15, 1994

(as amended on 26-07-2014)

The air code of the Kyrgyz Republic establishes the legal basis of use of airspace and activities of aircraft for the purpose of ensuring requirements of the population, economy, defense and safety of the state.

State regulation of use of airspace of the Kyrgyz Republic and activities in the field of aircraft is aimed at safety-of-life function of air vehicles and air traffic, efficiency of airborne transportations and aerial works.

Chapter I General provisions

Article 1. Sovereignty

The Kyrgyz Republic has complete and exclusive sovereignty over airspace over the territory.

Article 2. Aviation rules

All regulatory legal acts of the Kyrgyz Republic regulating activities of aircraft in the Kyrgyz Republic (further - Aviation rules), are accepted on basis and according to this Code.

Aviation rules of the Kyrgyz Republic are accepted by the Government of the Kyrgyz Republic or body of civil aviation of the Kyrgyz Republic in official language according to the used languages of International Civil Aviation Organization.

Adoption of Aviation rules of the Kyrgyz Republic is performed for ensuring their maximum uniformity with the Standards and recommended practice of International Civil Aviation Organization accepted according to article 37 of the Convention on international civil aviation.

Aviation rules of the Kyrgyz Republic include the rules regulating the following spheres of activity of aircraft:

(a) issue of certificates to aeronautical personnel;

(b) rules of flights;

(c) meteorological flight servicing;

(d) aeronautical charts;

(e) units of measurement;

(e) operation of air vehicles;

(g) registration of air vehicles;

(h) flight validity of air vehicles;

(i) facilitation;

(j) aviation telecommunication;;

(k) air traffic maintenance;

(l) search and rescue;

(m) investigation of aviation incidents and incidents;

(o) airfields;

(o) aeronautical flight servicing;

(p) environment protection;

(c) aviation safety;

(r) transportation of dangerous goods by air;

(s) other spheres of activity of civil aviation concerning safety, regularity and efficiency of air navigation in the Kyrgyz Republic.

In cases when it is impossible to provide uniformity of Aviation rules of the Kyrgyz Republic with Standards and recommended practice of International Civil Aviation Organization, the Kyrgyz Republic according to article 38 of the Convention on international civil aviation notifies International Civil Aviation Organization on it.

Separate parts or Sections of Standards and recommended practice of International Civil Aviation Organization, and also the conforming standards and rules of other states developers of air vehicles can be accepted by the Kyrgyz Republic for their direct application in the Kyrgyz Republic if such standards, practice or rules meet the requirements of this Code and their development in the Kyrgyz Republic is inexpedient.

Article 3. Coverage

This Code extends:

(a) on all air vehicles and types of activity in the field of civil aviation within the Kyrgyz Republic;

(b) on all civil air vehicles registered in the Kyrgyz Republic where they were if other is not provided by any international agreement, the agreement or other document which party is the Kyrgyz Republic, either the laws or rules of the state of stay of such air vehicles do not require other.

Over the high sea according to article 12 of the Convention on international civil aviation the rules established by this Convention are acting.

Provisions of Articles 10, of 11, 29-34, 36, of 38, of 40, 55-57, 59-60, 66, 68-69, 72, of 74-81 of this Code extend to the public air vehicles of the Kyrgyz Republic.

For the purpose of of this Code the air vehicles used by military, customs and law enforcement agencies or departments of the state belong to the national air vehicles.

Article 4. Use of aircraft of the Kyrgyz Republic

Article 4 is excluded by the Law of the Kyrgyz Republic of 20.08.2007 No. 154

Article 4-1. Elements of aviation and procedure for its use

The aircraft is subdivided on state, experimental and civil.

The air vehicles used for implementation of the state activities (military, boundary, customs, on emergency situations and activities of other public services, including mobilization and defense), which are under authority of the ministries and departments of the Kyrgyz Republic belong to the state aircraft.

The aircraft used for carrying out developmental, experimental of research works, and also testing of aviation and other engineering, treats experimental aircraft.

Civil aviation is used for the purpose of:

a) public conveyances, baggage, load and mailings (airborne transportations);

b) accomplishment of aerial works;

c) carrying out search and rescue and wreckings, assistance in case of natural disasters;

d) satisfactions of personal needs of physical persons or legal entities;

e) holding training, sporting, cultural and educational events, development of technical creativity.

The civil aviation used for the purpose of, specified in the Items "and", "b" and "v" of this Article, for a fee or on hiring belongs to commercial aviation.

The air vehicles of civil aviation which are in property of the physical and (or) legal entities and used for the purpose of specified in the Items "and", "b" and "v" of this Article, not for a fee and not on hiring, and also for the purpose of, specified in the Items "g" and "d" of this Article, belong to general aviation.

Article 5. Accessory of means of civil aviation of the Kyrgyz Republic

Article 5 is excluded by the Law of the Kyrgyz Republic of 20.08.2007 No. 154

Article 6. Certification and licensing of types of activity of aircraft

It is excluded by the Law KR of August 20, 2007 No. 154

Article 7. International agreements

If any international treaty which participant is the Kyrgyz Republic establishes other regulations, than those which are provided in this Code or Aviation rules then are applied regulations of such agreement.

Chapter II State regulation

Article 8. Body of state regulation of civil aviation

State regulation of activities of civil aviation in the Kyrgyz Republic performs authority of state regulation of activities of civil aviation (further - body of civil aviation).

Financing of body of civil aviation is performed at the expense of means of the government budget and the corresponding payments of business entities of civil aviation according to the procedure, established by the corresponding regulatory legal act of the Kyrgyz Republic.

The body of civil aviation can provide in writing releases from requirements according to specific provisions of Aviation rules of the Kyrgyz Republic, in view of all aspects connected with safety. Issue of the corresponding releases makes a reservation in Aviation rules of the Kyrgyz Republic.

In case of discrepancy to any requirement stipulated in Aviation rules of the Kyrgyz Republic, the body of civil aviation after carrying out aviation researches can establish conditions and the procedures necessary for ensuring the level of safety equivalent to that which is established proceeding from observance of the relevant requirements enshrined in rules of the Kyrgyz Republic.

Article 9. Functions and obligations of body of civil aviation

Functions and obligations of body of civil aviation include:

(a) regulation of activities of civil aviation in the Kyrgyz Republic for the purpose of safety control, regularity and efficiency of airborne transportations and other types of service in the field of civil aviation;

(b) project development of Aviation rules and other regulatory legal acts of the Kyrgyz Republic in the field of civil aviation;

(c) issue of certificates to aeronautical personnel;

(d) certification of civil air vehicles and aviation products;

(e) certification of civil airfields and airfields of joint basing of the Kyrgyz Republic;

(e) certification of operators;

(g) certification and/or licensing of activities in the field of civil aviation which is connected with servicing of flights, maintenance, repair of air vehicles or other aviation products, training of aeronautical personnel, and also provision of other services certification or licensing of which are necessary for the benefit of safety, regularity and efficiency of civil aviation in the Kyrgyz Republic;

(h) registration of civil air vehicles;

(i) registration of civil airfields and airfields of joint basing of the Kyrgyz Republic;

(j) approval of the list of airways and airlines of the Kyrgyz Republic;

(k) edition of the Collection of aeronautical information of the Kyrgyz Republic;

(l) maintaining Register of operators of the Kyrgyz Republic;

(m) signing on behalf of the Kyrgyz Republic and/or participation in agreement signature in the field of civil aviation between the Kyrgyz Republic and other states and the international organizations;

(o) interaction on behalf of the Kyrgyz Republic with International Civil Aviation Organization (IKAO), and also other international organizations within the competence;

(o) approval of the rates and charges levied for aeronautical and airport servicing in the Kyrgyz Republic;

(p) accomplishment of functions of State of Registry and the state of the operator according to this Code and relevant provisions of the Convention on international civil aviation;

(c) accomplishment of other functions and obligations which can be assigned to body of civil aviation for the purpose of regulation of activities of civil aviation in the Kyrgyz Republic.

Chartering or mutual exchange of air vehicles or according to any similar agreement the operator whose main place of activities or if it does not take such place of activities, the permanent residence is in other state (contracting state), the Kyrgyz Republic according to article 83 bis of the Convention on international civil aviation can transfer in that case when the air vehicle registered in the Kyrgyz Republic is operated according to the lease agreement, under the agreement with such other state to it everything or part of the functions and obligations as States of Registry concerning this air vehicle, provided by Articles 12, of 30, 31 and 32 "and" Conventions on international civil aviation. At the same time the Kyrgyz Republic is exempted from liability concerning the transferred functions and obligations.

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