Accepted at the twenty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of October 31, 2007 No. 29-10)

MODEL LAW

About safety on air transport

This Law establishes the legal basis and the principles of safety on air transport.

The purposes of legal regulation of this Law are: protection of life, health and property of citizens, protection of their rights and legitimate interests, and also protection of interests of the state and the organizations by means of the prevention of crisis situations on the air transportation and decrease in weight of their effects.

This Law is applied to civil aviation, and also the experimental, state aircraft (except military) used for the prevention and liquidation of emergency situations, aircraft of boundary and customs services for accomplishment of warranty flights and other national objectives.

The law has advisory nature and forms basis for legislative activities of the subjects having power to initiate legislation in the State Parties of the CIS.

Chapter 1. General provisions

Article 1. The legal basis of safety on air transport

The legal basis of safety on air transport are the constitution of the state, this Law, the national legal system in the field of safety of transport and aircraft, other laws and other regulatory legal acts of the state, the international agreements recognized by the state, regulatory legal acts of the president and the government of the state.

Article 2. Basic concepts

In this Law the following basic concepts are applied:

aviation safety - condition of security of air transport from acts of illegal intervention in the activities connected with functioning of air transport;

aviation activities - the organizational, productive, scientific and other activity of legal entities and physical persons directed to support and development of aircraft, satisfaction of needs of citizens, societies and the states in airborne transportations and aviation works;

the aircraft equipment - aircrafts, their equipment, components, engines, exercise machines and means of land servicing of aircrafts;

aviation incident - the event which took place in case of accomplishment of flight of the aircraft which entailed final or partial fracture of the aircraft with death or without death of the crew members and passengers who were on its board;

aviation event - aviation incident or incident;

aviation personnel - the physical persons having professional training of aviation profile, performing activities for the organization of flights, traffic control of aircrafts, servicing of aircrafts, accomplishment of aviation works, and also for ensuring transportations, safety of flights or aviation safety;

safety on air transport - the condition (set of properties) of air transport allowing to provide its steady functioning, protection against threats of different nature, prevention of origin aviation and emergencies, to minimize risk of causing damage of life and to human health, property and the environment in the course of aviation activities;

safety of flights - the condition of air transport allowing to provide possibility of accomplishment of flights with probability of emergence of aviation incidents not above set (acceptable by society) level;

air transport - the mode of transport based on use of aircrafts and objects of aviation infrastructure for requirements satisfaction of citizens, society and the state in airborne transportations and aviation works;

state regulation of safety on air transport - establishment by the state of general rules of safety on air transport, implementation of supervision of their accomplishment and determination of responsibility for their non-compliance;

zone of crisis (extraordinary) situation - the territory in which there was crisis (extraordinary) situation;

incident - the event which took place in the course of functioning of air transport which could bring, but did not bring to aviation or to emergency;

crisis situation - the circumstances (situation) which arose on air transport because of violation of its normal functioning or impact of external environment, creating direct threat of life and safety of people which elimination requires application of emergency (anti-recessionary) measures;

liquidation of crisis (extraordinary) situations - the rescue and other urgent works which are carried out in case of crisis (extraordinary) situations and directed to rescuing of life and preserving human health, decrease in the extent of damage to the environment and material losses;

ensuring aviation safety - the activities (system of measures) performed by specially authorized bodies, services, divisions and aviation personnel, directed to prevention of acts of terrorism, capture and/or stealing of the aircraft and other illegal interventions in aviation activities;

safety on air transport - the activities (system of measures) performed by public authorities, the aviation organizations and personnel, other legal entities and physical persons, directed to prevention aviation and emergencies in the course of aviation activities and decrease in weight of their effects;

safety of the population in areas of flights - activities (system of measures) directed to prevention of cases of death of citizens, causing damage to their health and property which can arise in case of fall of aircraft and their fragments, the transported loads as a result of aviation and emergencies, and also other types of negative impact of flights of aircrafts per capita;

safety of flights - activities (system of measures) directed to prevention of aviation events;

safety of operation of objects of air transport - activities (system of measures) directed to prevention of death and injury rate of aviation personnel and other persons, damage to their property and the environment in use of objects of air transport;

providing ecological safety of aviation activities - activities (system of measures) directed to neutralization (decrease) of negative impact of aviation activities on state of environment and conditions of life activity of the person;

special situation - situation onboard the aircraft which arose in flight because of influence (manifestation) of dangerous factors and led to decrease in safety of flight (increase of possibility of aviation incident);

the plan of readiness - the instructive document containing list of measures and actions for the prevention of crisis (extraordinary) situations on air transport, functional obligations of personnel, operations procedure of bodies and officials in case of the prevention, origin and mitigation of consequences of crisis (extraordinary) situations on air transport;

authority in the field of safety of air transport - the executive body or other body authorized by the state on implementation of functions in the field of safety of air transport;

the prevention of crisis (extraordinary) situations - complex of the events held beforehand and directed to the greatest possible reduction of risk of emergence of crisis (extraordinary) situations, and also to preserving human health, decrease in the extent of damage to the environment and material losses;

system of safety on air transport - set of the interacting forces and means, and also measures of legal, organizational, economic, social and scientific and technical nature for safety on air transport;

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