ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 1, 2014 No. 762

About the maximum number of foreign citizens who can be employed for substitution of position of the commander of the civil air vehicle, and about conditions under which execution of an employment agreement with the specified foreign citizens is allowed

The government of the Russian Federation decides:

1. Establish for the term, the stipulated in Article 3 Federal Laws "About introduction of amendments to article 56 of the Air code of the Russian Federation and article 14 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation", the maximum number of foreign citizens who can be employed for substitution of position of the commander of the civil air vehicle, subject to distribution between the Russian legal entities and individual entrepreneurs performing commercial air transportations and performing aerial works in number of 200 people for the every period equal to 12 months, since day of entry into force of this resolution.

If upon termination of the period equal to 12 months, the number of foreign citizens with whom the Russian legal entities and individual entrepreneurs performing commercial air transportations and performing aerial works sign employment contracts for substitution of position of the commander of the civil air vehicle is less than the number of foreign citizens whom the Russian legal entities and individual entrepreneurs performing commercial air transportations and the performing aerial works, having the right to employ the unallotted remaining balance is summed up with the number of the specified foreign citizens which is subject to distribution in the next period.

2. Approve the enclosed Rules for apportionment of the maximum number of foreign citizens who can be employed for substitution of position of the commander of the civil air vehicle, between the Russian legal entities and individual entrepreneurs performing commercial air transportations and performing aerial works.

Approved by the Order of the Government of the Russian Federation of August 1, 2014 No. 762

Rules for apportionment of the maximum number of foreign citizens who can be employed for substitution of position of the commander of the civil air vehicle, between the Russian legal entities and individual entrepreneurs performing commercial air transportations and performing aerial works

1. The Federal Air Transport Agency on the official site on the Internet (further - Internet network) places during the first 3 working days of each current period equal to 12 months, since day of entry into force of the order of the Government of the Russian Federation of August 1, 2014 No. 762 "About the maximum number of foreign citizens who can be employed for substitution of position of the commander of the civil air vehicle, and about conditions under which execution of an employment agreement with the specified foreign citizens is allowed" (further - the period), information on the number of foreign citizens whom the Russian legal entities and individual entrepreneurs performing commercial air transportations and the performing aerial works (further respectively - applicants, the number of foreign citizens), has the right to employ for substitution of position of the commander of the civil air vehicle.

2. Applicants direct to Federal Air Transport Agency applications for the need for acceptance for work of foreign citizens for substitution of position of the commander of the civil air vehicle (further - statements).

The Federal Air Transport Agency performs registration of statements with indication of date and time of their receipt.

Filing of applications in Federal Air Transport Agency is performed by applicants in writing during the first 10 working days of each current period (further - the application period).

3. The following data are specified in the statement:

a) for legal entities - the name of the legal entity, certificate number (certificates) of the operator, identification taxpayer number, the primary state registration number, check-in location and the address of the actual location;

for individual entrepreneurs - passport details or other identity document, certificate number (certificates) of the operator, the residential address (registration) or places of stay, identification taxpayer number, the primary state registration number;

b) work type on which the applicant plans to attract foreign citizens to substitution of position of the commander of the civil air vehicle:

commercial air transportations of passengers;

commercial air transportations of loads;

aerial works;

c) the list of types of air vehicles on which the applicant plans to attract foreign citizens to substitution of position of the commander of the civil air vehicle;

d) requirement in number of foreign citizens for substitution of position of the commander of the civil air vehicle in current period.

4. Information on the registered statements is posted on the official site of Federal Air Transport Agency in Internet network and is subject to daily updating during the application period.

In case of receipt of statements after the application period according to Item 5 of these rules information on the registered statements is posted on the official site of Federal Air Transport Agency in Internet network in process of their receipt.

5. Within 5 working days upon termination of the application period the Federal Air Transport Agency distributes the number of foreign citizens between applicants according to the needs for the number of commanders of civil air vehicles specified in their statements.

6. If the total demand for the number of commanders of civil air vehicles declared during the application period is less than the number of foreign citizens, the Russian Federation established by the Government on current period taking into account the unallotted number of foreign citizens of last period, the unallotted number of foreign citizens is subject to distribution according to the procedure of priority of receipt of statements during current period.

7. If the total demand for the number of commanders of civil air vehicles declared during the application period exceeds the number of foreign citizens established by the Government of the Russian Federation on current period taking into account the unallotted number of last period, the Federal Air Transport Agency distributes the number of foreign citizens between applicants in the following procedure:

90 percent of number of foreign citizens are distributed between the applicants who are carrying out commercial air transportations of passengers;

8 percent of number of foreign citizens are distributed between the applicants who are carrying out commercial air transportations of loads;

2 percent of number of foreign citizens are distributed between the applicants performing aerial works.

If the Federal Air Transport Agency during the application period does not receive applications for acceptance of foreign citizens for accomplishment of any work types from the these rules specified in the subitem "b" of Item 3, the number of foreign citizens provided for such work types is distributed between the applicants who submitted applications for acceptance of foreign citizens for accomplishment of other work types.

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