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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of January 15, 2013 No. 3

About approval of Rules of use of airspace of the Azerbaijan Republic

(as amended on 22-09-2016)

According to Item 2.2 of the Presidential decree of the Azerbaijan Republic of August 30, 2005 "About application of the Law of the Azerbaijan Republic "About aircraft" the Cabinet of Ministers of the Azerbaijan Republic decides No. 284:

1. Approve "Rules of use of airspace of the Azerbaijan Republic" it (is applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 15, 2013 No. 3

Rules of use of airspace of the Azerbaijan Republic

1. General provisions

1.1. These rules are prepared according to requirements of article 7.2 of the Law of the Azerbaijan Republic "About aircraft", the Convention on International Civil Aviation Organization (ICAO) (The Chicago Convention of December 7, 1944), and also its appendices for the purpose of flight servicing, carried out in airspace of the Azerbaijan Republic.

1.2. These rules establish rules of use of airspace of the Azerbaijan Republic piloted and the unmanned aerial vehicles (which are belonging to the Azerbaijan Republic and other foreign states), making flight of the territory of the Azerbaijan Republic, and also carrying out flights in the airports and airfields of the republic according to the intergovernmental agreements and requirements published in the Collection of Aeronautical Information (AIP).

2. Basic concepts

2.1. The basic concepts used in these rules, the following:

2.1.1. Interdepartmental group on coordination of use of airspace of the Azerbaijan Republic and air traffic management (MSC of IVP and Department of Internal Affairs) - the supreme body of single system of air traffic management in the Azerbaijan Republic establishing military and civil coordinating of activities for state regulation of use of airspace of the Azerbaijan Republic (further hereinafter is referred to as - Interdepartmental group);

2.1.2. Public administration of Civil Aviation of the Azerbaijan Republic (GAGA) - the body of the central executive authority exercising control, state policy and regulation in the field of civil aviation of the Azerbaijan Republic;

2.1.3. The collection of Aeronautical Information (AIP) of the Azerbaijan Republic - the official document published by the state or from its sanction which reflects necessary aeronautical information for flight servicing of foreign air vehicles within the territory of the Azerbaijan Republic;

2.1.4. airline hub - close located airfields which require special approval and coordinating for the organization and accomplishment of flights;

2.1.5. the region of aerial works - part of airspace within which aerial works are performed on the established plans and schedules;

2.1.6. the document of aeronautical information - the document approved and published in accordance with the established procedure which contains information which is important for air navigation;

2.1.7. the terminal area - the part of airspace of the established sizes intended for the organization and accomplishment of local flights;

2.1.8. the region of airline hub - the part of airspace of the established sizes covering two and more close located airfield. The organization and accomplishment of flights from these airfields is performed under special approval and coordination;

2.1.9. the area of wreckings - the site terrestrial or surface of the water and airspace over it in which wreckings are performed;

2.1.10. the lower echelon (the minimum safe) - the established flight level, the next to the minimum height of flight and located above this height guaranteeing the air vehicle against collision with earth's (water) surface or with obstacles in it;

2.1.11. the daily plan - the document of the established sample containing data on planning of use of airspace within 24 hours;

2.1.12. the instrument flight rules - accomplishment of flights in conditions under which the location and the attitude of the air vehicle are determined by indications of flight navigation instruments;

2.1.13. the rectified airway - the part of airspace between two sites of the airway (routes) established for flights of air vehicles, limited on height and width, provided with navigation aids and air traffic maintenance;

2.1.14. dispatching airspace - airspace of the center, the area (the sector, zone) single system of air traffic management within which dispatching servicing (management) of air traffic is provided;

2.1.15. airway of flight of frontier - the part of airspace over frontier of the Azerbaijan Republic determined for flight by the air vehicles which are carrying out the international flights;

2.1.16. foot - linear measure (m 0,305 is equal approximately);

2.1.17. safety of use of airspace - the complex characteristic of established procedure of use of airspace determining it capability to provide accomplishment of all types of activity on use of airspace without threat of life and to human health, material damage to the state, legal entities and physical persons;

2.1.18. airway - the controlled airspace or its part in the form of corridor established for flights of air vehicles, limited on height and width, provided with means of radio navigation and air traffic maintenance;

2.1.19. Aviation Air traffic control center (further hereinafter is referred to as - ATs Department of Internal Affairs) and the Main Center of the Single System of Air traffic management (further hereinafter is referred to as - HZ of the EU as air traffic management) - the operational body of single system of air traffic management of the Azerbaijan Republic intended for planning and coordinating of use of airspace, air traffic management, providing allowing procedure for use of airspace, control over observance of these rules within airspace of the Azerbaijan Republic and areas where responsibility for air traffic management is conferred on the Azerbaijan Republic;

2.1.20. flexible use of airspace - the concept determining airspace as valuable national resource (single space), providing it for joint use in the civil or military purposes;

2.1.21. dispatching servicing (management) of air traffic - the service performing air traffic maintenance for the purpose of collision avoidance of air vehicles among themselves or with obstacles in the maneuvering area, accelerations of flow of air traffic and maintenance of regulated flow;

2.1.22. use of airspace - activities in the course of which movement in airspace of different material objects (air vehicles, rockets and other objects), and also other activities which can pose safety hazard of use of airspace is performed (construction of high-rise constructions, electromagnetic and other radiations, emission in the atmosphere of the substances worsening visibility, carrying out explosive works, all types of firing on polygons, etc.);

2.1.23. advisory service of air traffic - servicing for the purpose of providing optimum aircraft spacing of the air vehicles which are carrying out IFR flights;

2.1.24. coordinating of use of airspace - the activities performed in planning process of use of airspace and servicing (management) of air traffic, directed to flexible use and distribution of airspace depending on air, airflow and aeronavigation situation according to state interests;

2.1.25. the international airway - the airway open for the international flights;

2.1.26. abuse of regulations of use of airspace - non-compliance with the established conditions of safe use of airspace;

2.1.27. air traffic management (air traffic management) - providing for operators of air vehicles of possibility of observance of the planned departure time and arrival, and also keeping of the most preferable profiles of flight in case of the minimum restrictions and without decrease in the established safety levels. Air traffic management includes:

2.1.27.1. servicing (management) of air traffic;

2.1.27.2. organization of flows of air traffic;

2.1.27.3. airspace management for the purpose of ensuring servicing (management) of air traffic and the organization of flows of air traffic;

2.1.28. airspace management - establishment of optimum structure of airspace for the purpose of ensuring its effective and flexible use;

2.1.29. the organization of use of airspace - providing safe, economic and regular air traffic, and also other activities for use of airspace. These activities include:

2.1.29.1. establishment of structure of airspace;

2.1.29.2. planning and coordinating of flexible use of airspace;

2.1.29.3. providing allowing procedure for use of airspace;

2.1.29.4. air traffic management;

2.1.29.5. control over observance of these rules;

2.1.30. bodies of single system of air traffic management - Interdepartmental group, HZ of the EU of air traffic management, Aviation Air traffic control center (ATs Department of Internal Affairs), the control facilities and flight managements of the Ministry of Defence of the Azerbaijan Republic, operational bodies of single system of air traffic management performing the functions assigned to them only on the parity basis;

2.1.31. bodies of air traffic maintenance (flight management) - the general term meaning operational bodies of single system of air traffic management, and also the bodies of air traffic maintenance (flight management) of airspace users exercising air traffic maintenance (flight management) or other activities for use of airspace (further hereinafter are referred to as - bodies of Department of Internal Affairs (flight management);

2.1.32. specific mode of use of airspace - the special procedure for use of separate parts of airspace of the Azerbaijan Republic established according to directives of the General Staff of Armed Forces;

2.1.33. planning of use of airspace - complex of the actions connected with the organization of use of airspace by distribution and redistribution of airspace in the place, time and height;

2.1.34. flight and information air traffic maintenance - air traffic maintenance for provision of consultations and information for the purpose of safety control and efficiency of flights (it is performed in case of all types of air traffic maintenance);

2.1.35. strip of air approach - the part of airspace in the established borders adjoining end face of landing strip and located in the direction of its axis in which air vehicles make climb after take-off and decrease when landing;

2.1.36. airspace users - the legal entities and physical persons given in accordance with the established procedure the right to implementation of activities for use of airspace;

2.1.37. permission to use of airspace - provision to the airspace user of opportunity to be effective in accordance with the terms, the established centers of single system of air traffic management;

2.1.38. allowing procedure for use of airspace - the general term meaning in appropriate cases procedure for provision to users of possibility of using of airspace and also procedure for issue of permissions to use of airspace;

2.1.39. the district center of the Single System of Air traffic management (the auxiliary district center) (further hereinafter is referred to as - RTs air traffic management of the EU (VRTs)) - the operational body of single system of air traffic management in the Azerbaijan Republic provided for planning and coordination of use of airspace, air traffic management, providing approval procedure on use of airspace, control over observance of these rules within the region of the EU of air traffic management established for it;

2.1.40. structure of airspace - set of the elements of airspace limited in the vertical and horizontal planes intended for the organization of use of airspace;

2.1.41. the center (area) of the Single System of Air traffic management (further hereinafter is referred to as - the center (area) of the EU of air traffic management) - the operational body of single system of air traffic management performing activities within airspace set the sizes;

2.1.42. the centers of single system of air traffic management - the main center, and also the district, auxiliary district and regional centers which are operational bodies of single system of air traffic management (further hereinafter is referred to as - the centers of the EU as air traffic management);

2.1.43. advisory airspace - airspace or the established route within which advisory service of air traffic is provided;

2.1.44. transition flight level - the established flight level for transfer of scale of pressure of barometric altimeter from standard pressure on pressure of airfield or upon the minimum atmospheric pressure specified to sea-level. Transition flight level is the low flight level in the terminal area (airline hub);

2.1.45. restriction zone - part of airspace of the Azerbaijan Republic of the established sizes within which use of airspace is limited to the corresponding conditions;

2.1.46. mile (nautical mile) - linear measure (m 1,852 is equal, approximately);

2.1.47. absolute altitude - distance down from mean level of the sea to the level of point or object accepted for point;

2.1.48. the temporary mode - the temporary procedure for use of separate elements of structure of airspace of the Azerbaijan Republic established for a period of up to 3 (three) days for the purpose of implementation of the activities requiring the special organization of use of airspace;

2.1.49. controlled airspace - airspace of the established sizes within which services in air traffic control according to classification of airspace are provided;

Note. As it is established in Appendix of 11 ICAO, Item 2. 6, controlled airspace is the general concept covering airspace classes A, B, C, D and E.

2.1.50. distance down from the specified datum level to point or the object accepted for point;

2.1.51. controlled flight - aircraft flight which is provided with dispatching servicing (management) of air traffic;

2.1.52. short-term restriction - temporary use of separate elements of structure of airspace of the Azerbaijan Republic, established for the period till 3 o'clock for implementation of the activities requiring the special organization of use of airspace;

2.1.53. the prohibited area - part of airspace of the Azerbaijan Republic of the established sizes within which use of airspace without special permission is forbidden;

2.1.54. air the judgment violator - the air vehicle (flight vehicle) belonging to the legal entity or physical person which allowed abuse of regulations of use of airspace of the Azerbaijan Republic;

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