LAW OF THE REPUBLIC OF ARMENIA

of July 16, 2015 No. ZR-101

About modification of the Law of the Republic of Armenia "About aircraft"

Accepted by National Assembly of the Republic of Armenia on June 19, 2015

Article 1. "About aircraft" to state the law of the Republic of Armenia to ZR-81-N of February 22, 2007 in the following edition:

"Law of the Republic of Armenia "On aircraft"

This law is aimed at safety of flights and aviation safety, requirements satisfaction of society by airborne transportations, safety of aviation works, and also the environment in the field of aircraft, ensuring protection and safety of the state, protection of interests of the state.

Section 1. General provisions of aviation activities

Chapter 1. General provisions

Article 1. Subject of regulation of the law

1. This law regulates the legal basis of use of airspace of the Republic of Armenia and activities in industry of aircraft, requirements imposed to services and providing services, the mechanisms of control and the relation connected with the principles of legal regulation of industry.

Article 2. Law coverage

1. Aviation activities in the territory of the Republic of Armenia which includes the overland and water territories of the Republic of Armenia and also airspace over them (further – airspace) are performed according to this law, the laws of the Republic of Armenia, international treaties of the Republic of Armenia and other legal acts.

The organizational, productive, scientific and other activity of physical persons and legal entities aimed at the development and assistance of aircraft, satisfaction of public requests during airborne transportations, accomplishment of aviation works and provision of services, and also creation and operation of the airports is considered aviation activities.

2. Outside the territory of the Republic of Armenia provisions of this law extend to the aircrafts registered in the Republic of Armenia so far as they do not contradict the laws of the country of finding of the aircraft at the moment.

Article 3. Principles of normative regulation of activities of aircraft

1. The government of the Republic of Armenia and authorized bodies of public administration, in the course of normative regulation of aviation activities, according to this law:

1) in case of development and adoption of the rules, procedures, instructions and other legal acts concerning aircraft (except for military) or having possible impact on its activities, provide their compliance to provisions of the convention "About International Civil Aviation" (further – the Chicago convention) and, in the greatest possible measure - to the international standards offered the forms of actions and procedures published by International Civil Aviation Organization (further - ICAO), the World Meteorological Organization and other international organizations relating to industry of aircraft;

For the purpose of simplification and acceleration of process of regulation the documents published by ICAO and other International Civil Aviation Organizations are competent to recognize and apply 2) if those conform to requirements of Item 1 of this Article. The documents mentioned in this Item are provided from ICAO in the English or Russian languages recognized by workers.

2. In sense of this law:

1) the certificate of the operator of the aircraft – the official document issued according to the procedure the stipulated in Clause 43 presents of the law which certifies that the carrier has sufficient professional skills and organizational opportunities for safety of implementation of the messages provided in the certificate;

2) the certificate of implementation of regular commercial air transportations - the official document issued according to the procedure, established article 44 of this law which grants the right for a fee or to transport to lease passengers, mail and (or) load;

3) permission to implementation of regular commercial air traffics of the operator of the foreign aircraft – the official document issued according to the procedure the stipulated in Clause 48 these laws which grants to the operator of the foreign aircraft the right to implementation of regular commercial air traffics to the territory of the Republic of Armenia, out of the territory and in the territory;

4) permission to implementation of irregular commercial air traffics – the official documents issued according to the procedure the stipulated in Clause 49 these laws which provide to the operator of the aircraft of the Republic of Armenia and foreign - the right to perform irregular commercial air traffics on the territory of the Republic of Armenia, out of the territory and in the territory;

5) certificates and permissions to implementation of aviation activities of general purpose and special - the official documents issued according to the procedure the stipulated in Clause 45 these laws which permit to perform activities of aircraft of general purpose and the special, established by procedure issues of certificates and permissions;

6) the concession treaty – the agreement signed between the Government of the Republic of Armenia and the international airport "Zvartnots", and also concessionaries of the state non-commercial or having the state share organizations operating in industries of aircraft, and the changes made in it;

7) the concessionary – the concessionary of the Zvartnots airport and those persons who are authorized to operate and manage other airports or others, state non-commercial or having the state share, the organizations of industry of aircraft.

3. The state body of management authorized by the government of the Republic of Armenia in the field of defense approves the rules and procedures relating to military aircraft established by it in the part relating to safety of civil aircrafts (safety of flights) with authorized body of public administration, stipulated in Item 3 articles 7 of this law.

4. In this law aviation concepts, reducings and expressions are used in their well-known, internationally accepted sense. Their detailed definitions are given in the legal acts adopted on the basis of this law. Organa, adopting the mentioned legal acts, provide compliance of determinations of concepts, reducings and expressions to the determinations and their changes provided in international standards, the offered forms of the actions and procedures published by ICAO in the greatest possible measure.

Article 4. International agreements of the Republic of Armenia

1. If international treaties of the Republic of Armenia establish the regulations differing from provided by this law, then regulations of international treaties are applied.

Chapter 2. Types of aircraft and management system

Article 5. Types of aircraft

1. The aircrafts used for the purpose of satisfaction of public requirements are considered as civil aircrafts. The aircraft used in noted purposes is considered civil aviation. Commercial air transportations, activities of aircraft of general purpose and special aviation works are components of activities of civil aviation. Definitions of components of activities of civil aviation are given by the authorized bodies noted in article 7 of this law.

2. The aircrafts used in bodies of military, Customs, police and rescue service of the Republic of Armenia, and also other state bodies or government managerial institutions are considered as the state aircrafts. The aircraft used in noted industries and the purposes is also considered the state aircraft.

Article 6. Implementation of aviation activities

1. Aviation activities in the Republic of Armenia are performed, according to Chapter 4 of this law, by the civil aircrafts registered in the Republic of Armenia. Aviation activities can be performed by also state aircrafts of the Republic of Armenia.

2. The civil aircrafts having foreign national identity can fly by in airspace or by them aviation activities in the Republic of Armenia only in case of availability of the international treaty (agreement) providing the appropriate rights or according to the procedure, established by this law can be performed.

Article 7. Authorized bodies of public administration by aircraft and air transport

1. In the Republic of Armenia the authorized body of public administration developing and performing policy in the field of aircraft (except for military), is republican executive body of the Republic of Armenia (further – authorized body of policy) which performs development and regulation of basic provisions and the strategy of the policy which is conducted in the field of economic regulation of air transport and for this purpose represents offers to the Government of the Republic of Armenia and exercises control of the aviation services and aviation infrastructures operating in the Republic of Armenia for ensuring their compliance to requirements of the legislation of the Republic of Armenia and international treaties of the Republic of Armenia.

2. Powers of authorized body of policy are:

1) development of basic provisions of the policy performed in the field of air transport, the rights of internal and international air traffics and preparation, discussion, negotiating according to the international treaties relating to the international air traffics relating to these rights;

2) development, approval and representation on approval of the Government of the Republic of Armenia of requirements of rather economic activity of civil aviation and control concerning the established requirements, for the purpose of ensuring their compliance to requirements of the legislation of the Republic of Armenia and international treaties of the Republic of Armenia;

3) development, approval and representation on approval of the Government of the Republic of Armenia of the regulations providing execution of provisions of international treaties of the Republic of Armenia in industry of civil aviation, requirements of the legislation of the Republic of Armenia and the published documents of the international aviation organizations, their implementation if those concern or can be reflected in tasks of military aircraft – approving them with authorized body of public administration of the Government of the Republic of Armenia in the field of defense;

4) according to this law – issue of the appropriate certificate and permissions for implementation of business activity in system of aircraft;

5) research, analysis and implementation of the course, development and perspective tendencies of policy of airborne transportations;

6) research of rates of aviation services, the principles of their forming and amounts for the purpose of market development of aviation services and as necessary – submissions of relevant proposals to the Government of the Republic of Armenia, the relevant state or non-state organs;

7) assessment of impact of the policy performed in the field of civil aviation on economic growth;

8) maintaining the administrative statistical register as regards financial and economic performance in industry of civil aviation;

9) submission of offers to the Government of the Republic of Armenia concerning transparency of the prices of airborne transportations, problems which arose during transportation of passengers by air carriers from violations of terms of service and also for the purpose of regulation of questions of insolvency of air carriers.

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