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AIR CODE OF THE KYRGYZ REPUBLIC

of August 6, 2015 No. 218

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 29, 2015

(as amended of the Law of the Kyrgyz Republic of 11.01.2019 No. 3)

Section I. General part

Chapter 1. Basic provisions

Article 1. Sovereignty

The Kyrgyz Republic has complete and exclusive sovereignty concerning airspace of the Kyrgyz Republic. Airspace of the Kyrgyz Republic means space over the territory of the Kyrgyz Republic.

Article 2. Purposes of the Air code of the Kyrgyz Republic

1. The air code of the Kyrgyz Republic (further - the Code) establishes the legal basis of use of airspace of the Kyrgyz Republic and activities in the field of civil aviation for the purpose of ensuring needs of the population of the Kyrgyz Republic for safe airborne transportations.

2. The purpose of state regulation and supervision of activities in the field of civil aviation and use of airspace of the Kyrgyz Republic is ensuring safe airborne transportations and aerial works.

Article 3. Air legislation of the Kyrgyz Republic

1. The air legislation of the Kyrgyz Republic is based on the Constitution of the Kyrgyz Republic and consists of of this Code, the laws, Aviation rules and other regulatory legal acts of the Kyrgyz Republic adopted according to this Code, and also the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

2. Aviation rules of the Kyrgyz Republic are the regulatory legal acts of the Kyrgyz Republic regulating activities of civil aviation in the Kyrgyz Republic, accepted by the Government of the Kyrgyz Republic according to this Code, regulatory legal acts of the Kyrgyz Republic, standards and recommended practice of International Civil Aviation Organization.

Article 4. Coverage

1. Provisions of this Code extend to all types of activity in the field of civil aviation performed within the territory and airspace of the Kyrgyz Republic:

1) the air vehicles included in the State register of civil air vehicles of the Kyrgyz Republic (further - the register of air vehicles of the Kyrgyz Republic);

2) foreign air vehicles which activities are provided by the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

2. Provisions of this Code are applied to air vehicles of the Kyrgyz Republic in the territory and in airspace of foreign states if other is not provided by the air legislation of the state of stay.

3. Provisions of this Code are applied also to the state aircraft in that measure in which it is not settled by special laws of the Kyrgyz Republic.

Article 5. Elements of aviation

1. The aircraft is subdivided on state and civil.

2. The state aircraft is intended for implementation of the state activities for the purpose of homeland and economic safety of the state, protection of sovereignty, defense, safety of the population, protection of the constitutional system and public order.

3. Civil aviation is subdivided into commercial aviation and general aviation.

4. Commercial aviation is used for commercial purposes (for a fee and on hiring) for public conveyance, load, baggage, mail and accomplishment of aerial works.

5. General aviation is used in non-commercial purposes for satisfaction of personal needs of physical persons and legal entities.

Chapter 2. Terms and determinations

Article 6. The terms and determinations used in this Code

1) airline - the legal entity having the air operator certificate of air vehicles;

2) aviation meteorological station - the station intended for carrying out observations and creation of the meteorological reports which are subject to use for flights;

3) aerial works - flights of air vehicles, gliders, hang gliders, balloons and other flight vehicles which are used for providing specialized types of servicing in such areas as agricultural industry, construction, photography, survey, air advertizing, observation and patrol, search and rescue, reportings from air, parachute jumps, carriage of goods on the external suspender and other similar types of servicing;

4) acts of illegal intervention - actions or attempts of their making creating safety hazard of air transport and civil aviation of the Kyrgyz Republic;

5) airfield meteorological service - the service intended for ensuring meteorological servicing of flights;

6) aeronautical information - information obtained as a result of collection, the analysis and data processing for the purposes of flight servicing of air vehicles, air traffic maintenance and air traffic control;

7) aeronautical servicing - the package tour connected with air traffic maintenance, operation of the radio-radar equipment and communicating device, meteorological providing, the emergency notification and provision of aeronautical information;

8) airfield - certain site terrestrial or surface of the water (including any buildings, constructions and the equipment), intended fully or partially for arrival, departure and movement on this surface of air vehicles;

9) the airport - the complex including the airfield, air terminal and constructions intended for acceptance and sending passengers, baggage, loads and mail, servicing of air vehicles, crews and having the necessary equipment and personnel for these purposes;

10) the drone aircraft - the flight vehicle without pilot and unmanned onboard with external management of flight, with take-off mass no more than 10 kilograms and with a flight height no more than 100 meters over terrestrial or surface of the water;

11) onboard supplies - include the sold or not sold goods intended for consumption by passengers and crew onboard the air vehicle and the goods necessary for operation and maintenance of the air vehicle, including fuel and greases;

12) helidrome - the airfield or certain surface segment on construction intended fully or partially for arrival, departure and movement of helicopters on this surface;

13) the helicopter - the air vehicle is heavier than air which is supported in flight generally due to reactions of air with one or several rotors rotated by the power unit around the axes which are in vertical position;

14) airborne transportations - activities of physical persons or legal entities for public conveyance, baggage, load or mail;

15) the air vehicle - any flight vehicle supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from terrestrial or surface of the water;

16) the state aircraft - the aircraft which is under authority of authorized state body of the Kyrgyz Republic and used for implementation of the state activities for the purpose of homeland and economic safety of the state, protection of sovereignty, defense, safety of the population, protection of the constitutional system and public order;

17) the public air vehicles - the air vehicles which are not included in the State register of civil air vehicles of the Kyrgyz Republic, staying on the registry or included in registers of air vehicles of state bodies of the Kyrgyz Republic;

18) examination - the procedure of application of the technical or other means intended for identification and (or) detection of weapon, explosive substances or other dangerous devices, objects and substances which can be used for implementation of the act of illegal intervention;

19) the foreign air vehicle - the air vehicle registered in the register of air vehicles of foreign state;

20) the foreign operator of the air vehicle - person having the existing air operator certificate of air vehicles issued by foreign state;

21) the light aircraft - the air vehicle with the maximum certified take-off mass over 750 kilograms and to 5700 kilograms, including the helicopter with the maximum certified take-off mass less than 3175 kilograms;

22) the flight vehicle - the device for guided flight in the atmosphere or space;

23) International Civil Aviation Organization - the specialized agency of the United Nations establishing the international standards and standards necessary for safety control, reliability and efficiency of air service;

24) the international airport - the airport performing the international airborne transportations at which customs, border, sanitary and quarantine control and other types of control of movement of passengers, baggage, load and mail is provided;

25) the international flight - aircraft flight of the Kyrgyz Republic in case of which this air vehicle crosses frontier;

26) civil aviation organization - the legal entity registered in the territory of the Kyrgyz Republic, performing activities in the field of civil aviation of the Kyrgyz Republic;

27) the passenger - the physical person which signed the air transport agreement with carrier or physical person for the purpose of which transportation the charter agreement of the air vehicle is signed;

28) carrier (the operator of the air vehicle) - the legal entity registered in the territory of the Kyrgyz Republic, who is engaged in operation of air vehicles and having the existing air operator certificate of air vehicles;

29) carriage documents - the tickets, the luggage receipt, the freight bill, post delivery note, and also the documents used when rendering services in airborne transportation of passengers, baggage, load, mail and provided by Aviation rules of the Kyrgyz Republic;

30) platform inspection - inspection of air vehicles of national and foreign operators, including air vehicles of general aviation, on the platform of civil airfields of the Kyrgyz Republic according to Articles 11, 12 and 16 Conventions on International civil aviation and this Code for the purpose of check of accomplishment of the international and operating in the Kyrgyz Republic regulations on safety-of-life function, the flight validity of air vehicles, including foreign, and validity of certificates of aeronautical personnel, including foreign, carrying out flights on civil airfields of the Kyrgyz Republic;

31) the maneuvering area - part of airfield, excepting platforms, intended for take-off, landing and taxing of the air vehicle;

32) airspace users - the physical persons and legal entities of the Kyrgyz Republic given in accordance with the established procedure the right to implementation of activities for use of airspace of the Kyrgyz Republic;

33) landing site - the land area, ice, construction surface, including surface of floating construction or the water area intended for take-off, landing or for take-off, landing, taxing and the parking of air vehicles;

34) the supplier of aeronautical servicing - the legal entity registered in the territory of the Kyrgyz Republic, having structure, personnel, technical means and the certificate on provision of services on air traffic maintenance;

35) the Government program of aviation safety of civil aviation of the Kyrgyz Republic (further - the Government program of aviation safety) - the single complex governed also the types of activity aimed at safety increase of the flights of civil aviation approved by the Government of the Kyrgyz Republic;

36) the Government development program of civil aviation of the Kyrgyz Republic - the development program of civil aviation approved by the Government of the Kyrgyz Republic, developed by the state body realizing state policy in the field of civil aviation of the Kyrgyz Republic;

36-1) right of "the fifth degree of freedom of air" - the right concerning regular airborne transportations according to which foreign air vehicles have the right to unload and accept aboard in the territory of the Kyrgyz Republic of passengers, the baggage, load and (or) mail following from the third state or in it;

37) aerodrome movement area - the part of airfield intended for take-off, landing and taxing of the air vehicle, consisting of the maneuvering area and the platform;

38) the self-made air vehicle - the air vehicle of amateur design manufactured independently which take-off mass does not exceed 750 kilograms conforming to the minimum requirements of the flight validity established by Aviation rules of the Kyrgyz Republic, and which are not intended for commercial transportations;

39) the airplane - the air vehicle is heavier than air, set in motion by the power unit which lifting force in flight is created generally due to aerodynamic reactions on the surfaces remaining motionless in these flight conditions;

40) the collection of aeronautical information - the separate printed or electronic publicity material containing long-term aeronautical information of the Kyrgyz Republic which is important for air navigation, published by state body on regulation and supervision in the field of civil aviation;

41) the ultralight aircraft - the air vehicle with the maximum certified take-off mass of 750 kilograms and less;

42) the certificate of type - the document issued by the state developer of the air vehicle for determination of design of aircraft type and confirmation of the fact that this design answers the relevant standards of the flight validity of the state developer;

43) certification - the procedure of official assessment and confirmation by body of civil aviation of compliance of civil aviation organization or aeronautical personnel of civil aviation to the established requirements of Aviation rules of the Kyrgyz Republic for the purpose of safety-of-life function;

44) service of aviation safety - the system of security service of civil aviation organizations providing prevention of acts of illegal intervention in the fields of civil aviation;

45) maintenance of the air vehicle - work, necessary for providing continuing airworthiness of the air vehicle, including control recovery work, checks, replacements, elimination of defects which are carried out as separately, and in combination, and also practical implementation of modification or repair of the air vehicle;

46) the fuelling organization - the legal entity registered in the territory of the Kyrgyz Republic, who is performing activities for aviation fuel supply at the airport or in airfield of the Kyrgyz Republic, having the corresponding equipment, hardware and personnel for provision of range of services on aviation fuel supply of airborne transportations and the certificate on implementation of such activities;

47) the operator of airfield - the legal entity registered in the territory of the Kyrgyz Republic, certified by state body on regulation and supervision in the field of civil aviation, who is providing operational suitability of airfield to flights and having the certificate of the validity of airfield;

48) the operator of the airport - the legal entity registered in the territory of the Kyrgyz Republic, certified by state body on regulation and supervision in the field of civil aviation, who is providing the organization of ground handling operations of air vehicles, passengers, crews, baggage, load and mail at the airport and having the corresponding equipment, the equipment and personnel for these purposes.

Chapter 3. State bodies in the field of civil aviation of the Kyrgyz Republic

Article 7. State bodies in the field of civil aviation of the Kyrgyz Republic

According to this Code state bodies in the field of civil aviation of the Kyrgyz Republic are:

1) the state body authorized by the Government of the Kyrgyz Republic realizing state policy in the field of civil aviation (further - the body realizing state policy in the field of civil aviation);

2) the state body authorized by the Government of the Kyrgyz Republic on regulation and supervision in the field of civil aviation (further - body of civil aviation);

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