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AIR CODE OF UKRAINE

of May 19, 2011 No. 3393-VI

(as amended on 17-06-2020)

The air code of Ukraine establishes the legal basis of activities in industry of aircraft.

State regulation of activities in industries of aircraft and use of airspace of Ukraine is directed to guaranteeing safety of aircraft, ensuring interests of the state, homeland security and requirements of society and economy in airborne transportations and aviation works.

Section I. General provisions

Article 1. Determination of terms

1. In this Code the stated below terms are used in such value:

1) accident - aviation incident without the human victims which led to serious damage or destruction of the aircraft, bodily harms of passengers, crew members or the third parties;

2) aviation safety - protection of civil aviation against acts of illegal intervention which is provided with complex of actions with attraction of human and material resources;

3) aviation activities - activities of physical persons and legal entities in industry of aircraft and/or air traffic management of Ukraine;

4) aviation incident - the incident connected with operation of the aircraft which occurs: in case of the piloted aircraft in period between landing of any person aboard the aircraft with the purpose to perform flight and time when all persons who were onboard left the aircraft; in case of the pilotless aircraft since time when the aircraft is ready to move a little for flight accomplishment, until its stop after completion of flight and switching off of the main power plant, during which:

a) any face sustained bodily harm from the death or bodily harm as a result:

stay in this aircraft; or

direct contact with any part of the aircraft, including part which separated from the aircraft; or

direct influence of stream of gases of the jet engine, except those cases when bodily harms are sustained as a result of the natural reasons put to themselves, or put with other persons or when bodily harms are put to free riders who disappear out of zones to which access to passengers and crew members is usually open;

b) the aircraft experiences damage or there is destruction of its design therefore:

design durability is broken, technical or flight characteristics of the aircraft worsen, and

usually need considerable repair or replacement of the damaged aircraft component, except for refusal or damage of the engine when povrezhen only one engine (including its cowls or auxiliary aggregates), air screws, okontsovka of wing, antennas, sensors, shovels, pneumatics, brake mechanisms, wheels, fairing, panels, chassis shutters, windshield, aircraft covering (for example, insignificant dents or holes) or arose insignificant damages of blades of the bearing screw, blades of the tail screw, the chassis and damage which are called by hail or collision with birds (including holes in radar antenna fairing); or

c) the aircraft disappears without message or it appears in the place where access to it is absolutely impossible;

5) emergency servicing - servicing which is provided by the notification of the relevant organizations about aircrafts which need the search and rescue help, and assistance to such organizations for their request;

6) rescue and fire-proof providing - complex of actions for observance of statutory rules and standard rates (regulations) directed to preparation, content up to standard to readiness and attraction to actions of rescue forces and means for search and rescue of passengers, crew members, and also suppression of the fires which arose during aviation incidents in the territory of the airports (airfields) and around responsibility of airfields for carrying out search and wrecking;

7) aviation works - flights during which implementation the aircraft is used for providing specialized types of servicing (aviation and chemical works, aerial photography, patrol and so forth);

8) aviation carrier (air carrier) - subject of managing which provides services in transportation of passengers, load, mail by air transport;

9) aviation personnel - persons who had special professional training have the appropriate certificate and perform flight operation, maintenance of aircrafts, air traffic management, technical operation of land means of communication, navigation, observation;

10) aviation search and rescue - the complex of the actions directed to identification of aircrafts which suffered or are in distress, and rendering the timely help to the victims as a result of aviation incident;

11) aircraft of general purpose - aircraft which is not used for implementation of commercial air transportations and accomplishment of aviation works;

12) airfield - certain site terrestrial, surface of the water, including any buildings, constructions and the equipment, intended fully or partially for departure, arrival, the parking and movement on such surface of aircrafts;

13) airfield of the state aircraft - airfield, held for use the state aircrafts;

14) airfield of general use - airfield which is used for flights of aircrafts of civil and state aviation;

15) airfield of civil aviation (further - civil airfield) - airfield, held for use aircrafts of civil aviation;

16) aeronautical servicing - servicing which is performed by providers of aeronautical servicing at all stages of flight of aircrafts, including air traffic management, communication, navigation, observation (radio engineering providing), search and rescue, meteorological servicing and provision of aeronautical information;

17) the airport - the complex of constructions intended for acceptance, sending aircrafts, servicing of airborne transportations of work on maintenance also has airfield, air terminal, other land constructions and the necessary equipment for such purposes;

18) baggage - the objects, property and other personal belongings of the passenger or crew member transported onboard the aircraft;

19) the luggage receipt - part of the ticket which certifies acceptance to transportation of the registered baggage;

20) safety of aircraft - the condition of industry of civil aviation in case of which the risk of drawing losses to people or property decreases to acceptable level as a result of continuous process of determination of level of danger and management of it and keeps at such level or decreases further in spheres of safety of flights, aviation safety, protection of the surrounding environment, economic safety and information security;

21) safety of flights - condition in case of which the risk of harm or damage is limited to acceptable level;

22) booking (reservation) - the preorder of the place in the aircraft on certain flight and date for transportation of the passenger or the preorder of amount and the tonnage in the aircraft on certain flight and date for luggage transport (load);

23) the pilotless aircraft - the aircraft intended for accomplishment of flight without pilot onboard, which flight control and control behind which are performed by means of the special station of management located out of the aircraft;

24) load - any property, except mail, onboard supplies and the accompanied or sent baggage, load onboard the aircraft;

25) helidrome - airfield or the platform on the earth, on water or on construction, intended fully or partially for arrival, departure and movement of helicopters on its surface;

26) use of airspace of Ukraine - implementation of the activities connected with flights of aircrafts, with movement (stay) of material objects in airspace of Ukraine, and also with explosive works, missiles launches, all types of firing practice including for the purpose of implementation of influence on hydrometeorological processes in the atmosphere which constitute safety hazard of flights of aircrafts and other aircraft;

27) product of the aircraft equipment - the aircraft, the aviation engine, the air screw or the auxiliary power plant;

28) producer - legal entity or physical person which performs production of the aircraft equipment;

29) refusal in transportation - refusal of air carrier in transportation of the passenger or his baggage by flight, despite its presence for landing aboard, except availability for refusal in landing of such bases: health protection, safety, inadequate execution of documentation, necessary for transportation (passport, visa, ticket and so forth);

30) the state aircraft - aircraft which uses aircrafts for the purpose of accomplishment of functions on ensuring national security and defense of the state and protection of the population which are assigned to the Armed Forces of Ukraine, other military forming formed according to the laws of Ukraine, bodies of National police, specially authorized central executive bodies concerning civil protection, bodies of protection of frontier of Ukraine, customs authorities;

31) the state aircraft - the aircraft which is used in the military, border service, service of civil protection, in bodies of National police and customs authorities;

32) permission - the document which is not the document of allowing nature;

33) the experimental aircraft - aircraft prototype, the modified or new aircraft on which testing or developmental, experimental and research works are carried out;

34) the operator of airfield - the legal entity performing operation of airfield;

35) the operator of the airport - the legal entity who is holder of the certificate of airfield and has the certificate on the right of implementation of activities for land administration at the airport. The operator of the airport can have also other certificates and perform other types of airport activities, except determined in this paragraph;

36) the operator - legal entity or physical person which operates or offers services in operation of aircrafts;

37) the electronic ticket - the electronic document which includes the route voucher issued by air carrier or on behalf of air carrier, electronic coupons and, in case of use, the document for landing;

38) the electronic coupon - part of the electronic ticket which is used for transportation on the corresponding flight, or other document replacing it which is stored in the database of the automated reservations system of carrier;

39) issue of the aviation engine - allocation by the aviation engine of such hazardous gaseous substances, as smoke, not burned down hydrocarbons, carbon monoxide and nitrogen oxides;

40) the single international carriage document - the document which confirms the international nature of aviation transportation in case of its accomplishment out of limits of customs area of Ukraine. The single international carriage document is the General declaration which properly is drawn up by the operator according to Amendment 1 to Appendix 9 to the Convention on international civil aviation;

41) prohibition of use of airspace of Ukraine - the decision of authorized body, obligatory for accomplishment, on prohibition to certain (certain) users to perform the activities connected with use of airspace of Ukraine in certain area;

42) general air traffic - flights of aircrafts which are carried out according to standards and recommended practice of International Civil Aviation Organization (IKAO);

43) the registered baggage - the baggage of the passenger accepted by carrier under the responsibility for transportation and timely delivery on which the carrier drew up the luggage receipt and issued luggage identification label;

44) means of communication, navigation and observation (radio engineering providing) the radio-electronic and technical means (means of telecommunication, radio navigation and radar-location, the automated systems and their workplaces, the display equipment, antenna-feeder devices, lines of management of telecommunication, autonomous sources of power supply, electroinstallation and electric equipment) intended for ensuring flights of aircrafts, accomplishment of functions on servicing of air traffic and ensuring productive activity of the companies of civil aviation;

45) the earth of the airports (airfields) - the parcels of land on which buildings are located, constructions and the equipment, and also the parcels of land necessary for ensuring work of the airport (airfield) and determined by the master plan;

46) runway the platform - land (water, ice) the site, specially prepared platform or lifted over terrestrial, and are used by design surface of the water which are suitable for take-off, landing, movement and the parking of light aircrafts with a maximum take-off weight no more than 5700 kilograms. Runway platforms are divided on permanent and temporary;

47) information on safety of flights - information which contains in systems of collection and data processing about safety of the flights created only for the purpose of increase in level of safety of flights and is subject to protection;

48) incident - incident, except aviation incident which is connected with operation of the aircraft and influences or can influence the level of safety of its operation;

49) catastrophic crash - aviation incident with the human victims which led to death or disappearance without message of someone from passengers, crew members or the third parties, and also in case of receipt of bodily harms by them from the death in time:

a) stay in this aircraft;

b) direct collision with any part of the aircraft, including parts which separated from this aircraft;

c) direct action of stream of gases of the jet engine;

d) disappearances without aircraft message.

Cases of death someone from persons who was onboard, in the course of their emergency evacuation from the aircraft also belong to catastrophic crashes.

In case of receipt of bodily harms as a result of which within 30 days since time of aviation incident there came death they are classified as bodily harms from the death;

50) the ticket (the passenger ticket and the luggage receipt) - the document issued by carrier (his agent), including electronic which contains terms of the contract of transportation, the notification, flight and passenger coupons;

51) components and the equipment - the measuring device, the equipment, the mechanism, detail, node, the aggregate, component or the auxiliary device, including the communication equipment which are used or are held for use during operation of the aircraft or control of the aircraft and parts of glider of the aircraft, the engine or the air screw are established or attached to the aircraft, including;

52) the user of the airport (airfield) - the legal entity or physical person which performs airborne transportations of passengers, mails, to load or carries out other types of flights;

53) users of airspace of Ukraine - physical persons and legal entities which are in accordance with the established procedure granted the right to implementation of activities for use of airspace of Ukraine;

54) the aircraft - the device for flights in the atmosphere or space;

55) leasing with crew (wet leasing) - leasing under the terms of which the aircraft is included in the air operator certificate - the lessor who bears responsibility for safety of flights;

56) leasing without crew (dry leasing) - leasing under the terms of which the aircraft is included in the air operator certificate - the leasing recipient who bears responsibility for safety of flights;

57) route of servicing of air traffic - the certain route intended for the direction of flow of movement for the purpose of ensuring servicing of air traffic;

58) meteorological servicing - the servicing including services in providing with meteorological forecasts, consultations and observations, and also other meteorological information and services which are provided for subjects of aviation activities;

59) method of ortodromichesky distance of route - method in case of which the distance between two Items on the surface of the globe is measured as the shortest distance on arch of bigger circle which plane passes through the center of Earth;

60) method of proreytovy distribution - method in case of which the total income from transportation from the point of departure to destination is distributed on each segment of route according to rules of the calculations stated in reference books of the International Air Transport Association "Prorate Manual Passenger (RMR)", "Revenue Accounting Manual (RAM)" and "Resolutions Manual";

61) the international airport - the airport determined by the state in its territory for acceptance and departure of the aircrafts which are carrying out the international airborne transportations in which are performed customs, immigration, sanitary, quarantine (rather animal and plants) and other procedures, stipulated by the legislation;

62) the destination - the Item specified in the ticket where transportation of the passenger and his baggage comes to an end;

63) emergency - the incident connected with use of the aircraft which does not answer determination of the terms "aviation incident", "serious incident" or "incident", connected with maintenance, repair, storage, transportation during which there came one of such effects:

a) death or bodily harms of person during its stay onboard the aircraft as a result of reckless or intentional acts of the victim or other faces which are not tied with violation of functioning of the aircraft and its systems;

b) death or bodily harms of person who without good causes or documents self-willedally got out of limits of zones in the aircraft where access to passengers and crew members is prohibited;

c) death or bodily harms of person who was onboard the aircraft, as a result of influence of external environment after emergency landing of the aircraft outside airfield;

d) death or bodily harms of person who was outside the aircraft, as a result of direct contact with the aircraft or its elements;

d) destruction or serious damage of the aircraft on the earth that led to violation of durability of its design or deterioration in flight technical characteristics as a result of influence of external environment or violation of technology of servicing, storage precautions and transportation;

e) it is excluded;

64) land servicing - services in land servicing of aircrafts, crew, passengers, load, baggage, mail which are provided to users of the airport in the territory of the airport (airfield) or beyond its limits;

65) dangerous goods - products or substances which can create threat for health safety, property or the surrounding environment and are specified in the list of dangerous goods determined by aviation rules of Ukraine;

66) inadequate use of information on safety poletovispolzovany information with other purpose than that with which such information gathered, in particular use of information for the purpose of disciplinary, civil, administrative, criminal proceedings or production on cases on administrative offenses of rather operational personnel or promulgation of such information;

67) irregular airborne transportation - airborne transportation which does not fall under determination of the term "regular airborne transportation";

68) unaccompanied baggage - baggage which is accepted for shipment separately from the passenger and is drawn up according to the air freight bill;

69) objects of aviation activities - aircrafts, their components and the equipment, the aircraft land equipment and the airfield equipment, technical constructions, personal and real estate which are used for ensuring aviation activities;

70) the joint civil and military system of air traffic management - organizational and functional consolidation, powers and which activities are connected with the organization of use of airspace, air traffic management and its servicing in airspace of Ukraine and airspace over the high sea where responsibility for servicing of air traffic is conferred by international treaties on Ukraine;

71) restriction of use of airspace of Ukraine - special procedure for use of airspace which is determined by complex of the actions aimed at safety of flights and implementation of other activities in airspace of Ukraine;

72) exchange of aircrafts and crews - the type of contractual relations between operators directed to increase in flexibility, cost efficiency of use of aircrafts, possibility of joint operation of the aircraft, operational reservation of the aircraft in case of aircraft stop on technical or to other reasons according to which one operator provides to other operator or they provide each other transport services in transportation of passengers, baggage, mail or load;

73) servicing of air traffic - ensuring flight and information servicing, emergency or dispatching servicing of air traffic (district dispatching servicing, dispatching servicing of approach or airfield dispatching servicing);

74) air traffic management - the dynamic, integrated management of air traffic and airspace of Ukraine which includes servicing of air traffic, management of airspace of Ukraine and management of flows of air traffic which is carried out safely, economically and effectively by provision of means and continuous servicing in interaction with all parties and with attraction of onboard and land functions;

75) the passenger - physical person which is transported by the aircraft in the consent of carrier according to the transportation agreement, except crew members and additional specialists onboard the aircraft, the workers of the operator of the aircraft, the authorized representative of the relevant national authority of regulation and persons accompanying load;

76) the passenger physically challenged or person with disability - the passenger whose mobility in usage time of the vehicle is limited as a result of physical (touch or musculoskeletal, permanent or temporary) or intellectual incapacity or for any other reason, in particular because of old age which condition needs the corresponding attention and adaptation to its special needs in passenger service time;

77) air-line - route of flights between the agreed items for implementation of airborne transportations;

78) airborne transportation - transportation of passengers, baggage, load or mail which is performed by the aircraft based on the corresponding air transport agreement;

79) the aircraft - the device which is supported in the atmosphere as a result of its interaction with air, different from interaction with the air reflected from the land surface;

80) air traffic - flight of aircrafts or their movement in zone of maneuvering of airfield;

81) airspace of Ukraine - the part of the air sphere located over waterless valley and the water territory of Ukraine, including over its territorial waters (the territorial sea) and limited by vertical surface which passes across the line of frontier of Ukraine;

82) damage of the aircraft on the earth - the incident connected with servicing, storage and transportation of the aircraft on the earth during which the aircraft underwent to damage without loss of durability of its power elements and deterioration in flight technical characteristics which is possible for eliminating in operational conditions;

83) planning and coordination of use of airspace of Ukraine - development and approval of procedure and conditions of use of airspace of Ukraine which is performed by bodies of the joint civil and military system of air traffic management of Ukraine with relevant organs of servicing of air traffic and air traffic control, state bodies, the companies, organizations, the organizations for the benefit of users of airspace of Ukraine;

84) aerodrome environs - the area limited to the regulated sizes around the airfield (helidrome) or the permanent runway platform registered according to established procedure to which special requirements concerning arrangement of different objects are established and their height is controlled taking into account safety conditions of maneuvering, take-off and landing approach of aircrafts;

85) provider of aeronautical servicing - subject of aviation activities which provides services in elements (directions) of aeronautical servicing of aircrafts;

86) regular airborne transportation - airborne transportation during which all places for transportation of passengers, baggage and mail are available to general paid use and is transported between the same Items according to the published schedule or to the established periods, or with frequency which testifies to regularity of flights;

87) rating - qualification mark which is integral part of the certificate of aviation personnel and establishes special conditions, the rights and restrictions concerning the owner of such certificate;

88) developer - the legal entity who performs development of the aircraft equipment or changes to it;

89) investigation - collection and information analysis, preparation of the conclusions, establishment of the reasons and/or concurrent factors and development of recommendations concerning safety of aircraft for the purpose of prevention of aviation incidents;

90) hand luggage (the unregistered baggage) - baggage of the passenger which during transportation is in inside of the aircraft in case of the consent of carrier and under control of the passenger and makes sure special label;

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