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LAW OF THE REPUBLIC OF MOLDOVA

of June 21, 2012 No. 143

About control of airspace

(as amended of the Law of the Republic of Moldova of 12.07.2013 No. 212)

The parliament adopts this organic law.

Chapter I General provisions

Art. 1. - This law establishes powers of bodies of the supervisory public control in the field of use of airspace, regulates operations procedure against the air vehicles illegally using airspace of the Republic of Moldova and is applied to the air vehicles operating in airspace of the Republic of Moldova.

Art. 2. - Airspace of the Republic of Moldova represents column of air which stretches over its territory to the lower bound of extra-atmospheric space and on which the Republic of Moldova performs the sovereign rights according to rules of international law.

Art. 3. - For the purpose of this law the following concepts are used:

the air vehicle, is illegal the using airspace of the Republic of Moldova, - the Moldavian or foreign air vehicle performing flight activities in airspace of the Republic of Moldova without the permission on these activities or deviating provisions of the got permission;

air judgment interceptor - the military aircraft performing maneuvers on rapprochement with unidentified or illegally the air vehicle using airspace of the Republic of Moldova for the purpose of identification, the prevention, coercion to recovery of legality or that destruction;

splashdown - maneuver of boat plane or the hydrohelicopter for providing soft contact of surface of the water, from the equalization moment to full stop on this surface;

the self-directed weapon - the rockets onboard military aircraft which are independently managing the movement to the purpose and used to destruction of the air or land targets;

landing - maneuver of the air vehicle for providing soft contact of earth's surface, from the equalization moment to full stop on landing strip or landing site;

take-off - flight stage of the air vehicle which after taxing on the earth comes off and rises in air for flight;

stealing - action on destination diversion of the air vehicle by application or threat of use of force;

warning light - fire opened by the air vessel interceptor with airborne artillery armament for drawing attention of the aircraft crew illegally using airspace of the Republic of Moldova excepting hit in it;

fire on destruction - fire opened by the air vessel interceptor with airborne armament or terrestrial facilities of antiaircraft protection for destruction of the air vehicle illegally using airspace of the Republic of Moldova;

helidrome - the airfield or the airport used only for take-off, landing and taxing of helicopters;

tracer ammunition - shells onboard military aircraft with the phosphorescing bullets, visually observable on the most part of trajectory of their flight;

air traffic services units - civil structures, Organa of civil aviation, and the military structures subordinated to the Ministry of Defence, specialized in observation, coordination, control of air vehicles and management by them;

flight - entrance to airspace of the state and its crossing with landing or without landing;

flight track - the line connecting consecutive points, busy or coming occupation the air vehicle in flight.

Art. 4. - Use of airspace of the Republic of Moldova is performed based on the written permission issued:

a) ceased to be valid according to the Law of the Republic of Moldova of 12.07.2013 No. 212

b) Body of civil aviation:

- for the Moldavian and foreign civil air vehicles which are carrying out scheduled and unscheduled air flights;

- for the Moldavian civil air vehicles transporting official delegations;

- for the Moldavian civil air vehicles transporting troops, arms, military equipment, dangerous materials and any other types of loads which by the nature can negatively influence national security of the Republic of Moldova, with the obligatory conclusion of the Ministry of Defence;

- for the Moldavian civil air vehicles which are carrying out flights for aerial photography and video filming of the national territory - with the obligatory conclusion of the Ministry of Defence and Service of information and safety;

c) Ministry of Foreign Affairs and European Integration:

- for the foreign civil air vehicles transporting official delegations - with the obligatory conclusion of the Ministry of Transports and Road Infrastructure;

- for the foreign civil air vehicles transporting troops, arms, military equipment, dangerous materials and any other types of loads which by the nature can negatively influence national security of the Republic of Moldova, with the obligatory conclusion of the Ministry of Transports and Road Infrastructure and Ministry of Defence;

- for the foreign civil air vehicles which are carrying out flights for aerial photography and video filming of the national territory - with the obligatory conclusion of the Ministry of Defence and Service of information and safety;

- for foreign national air vehicles - with the obligatory conclusion of the Ministry of Defence;

d) The Ministry of Defence - for the Moldavian national air vehicles.

Art. 5. - (1) Responsibility for application of measures for suppression of the illegal acts connected with illegal use of airspace of the Republic of Moldova is assigned to the Ministry of Defence, authorized to take the measures provided by this law and to use for this purpose the forces and means.

(2) Civil air traffic services units notify specialized structures of the Ministry of Defence on air vehicles which shall be effective in airspace of the Republic of Moldova which are under their management or about which there is information on illegal use of airspace.

Chapter II the Operations procedure against the air vehicles illegally using airspace of the Republic of Moldova

Art. 6. - Cases in which air vehicles illegally use airspace of the Republic of Moldova is the following:

a) take-off from the airport, from airfield or other place in the national territory without the permission on it from authorized bodies;

b) track excursion of the flight specified in the permission got from authorized bodies, without notice air traffic services units;

c) entrance to airspace of the Republic of Moldova without the permission of the authorized bodies specified in Article 4;

d) landing or splashdown without the permission;

e) the termination of radio communication and/or illegal intervention onboard the air vehicle irrespective of, the got permission is observed or stealing of the air vehicle is made;

f) non-compliance with air traffic services units by aircraft crew of instructions.

Art. 7. - Determination of the moment and the place of emergence of cases, stipulated in Article 6, is made by air traffic services units.

Art. 8. - Against the air vehicles illegally using airspace of the Republic of Moldova, the Ministry of Defence consistently undertakes the following measures:

a) determination from the earth of location of the air vehicle, radio contact with it and its identification;

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