Article 1. The basic concepts used in this Law of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

Home / RLA / Article 1. The basic concepts used in this Law of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

The following basic concepts are used in this Law:

1) emergency rescue operations - a set of measures aimed at providing timely assistance to those in distress or injured;

2) airline - a legal entity that holds a certificate of an operator of civil aircraft;

3) air route certificate - a document for the right to use an air route for scheduled flights;

4) aviation - all types of organizations whose activities are aimed at creating conditions and using human airspace with the help of aircraft;

5) aviation operations - specialized operations performed by an operator using civil aircraft in the interests of other individuals and (or) legal entities;

5-1) certificate of the right to perform aviation work is a document of the prescribed form issued by an authorized organization in the field of civil aviation, certifying the operator's admission to aviation work.;

6) aviation security is the protection of civil aviation from acts of unlawful interference, which is achieved through the implementation of a set of measures and the involvement of human and material resources;

6-1) Is excluded by the Law of the Republic of Kazakhstan dated December 29, 2022 No. 174-VII (effective sixty calendar days after the date of its first official publication).

7) aviation activity - all types of activities aimed at creating conditions and using human airspace with the help of aircraft;

8) aviation services - civil aviation services related to the organization and provision of air transportation of passengers, baggage, cargo, mail and the performance of aviation work for a fee or for hire;

9) illegal interference in the activities of aviation is an unlawful act that encroaches on the safe operation of aviation, has caused accidents to people, material damage, hijacking or hijacking of an aircraft, or has created a threat of such consequences.;

10) aviation route (air route) - a geographical description or a combination of geographical descriptions of the earth's surface over which air traffic is carried out between air transportation points;

10-1) aviation medicine is a field of medicine devoted to the study of medical support for aviation flights;

10-2) aviation medical inspector – an aviation inspector of an authorized organization in the field of civil aviation who has qualifications and experience in the field of aviation medicine and is authorized to carry out certification, control and supervision in the field of civil and experimental aviation;

10-3) aviation medical center – a legal entity that carries out medical examinations in the field of civil aviation;

10-4) certificate of an aviation medical center is a standard document certifying the compliance of an aviation medical center with certification requirements.;

10-5) aviation medical expert – a doctor who has a certificate of an aviation medical expert, has been trained and has practical skills and work experience in the field of aviation medicine, appointed by an authorized organization in the field of civil aviation to conduct medical examinations of persons directly related to the performance and maintenance of aircraft flights and their maintenance, air traffic services, obtaining certificates or qualification marks;

10-6) certificate of an aviation medical expert is a standard document authorizing an aviation medical expert to conduct a medical examination and issue a medical certificate.;

11) aviation training center - a legal entity that provides training, retraining and maintaining the professional level of aviation personnel;

12) certificate of an aviation training center is a standard document certifying the compliance of an aviation training organization with certification requirements.;

13) certificate for maintenance and repair of aviation equipment - a standard document certifying the compliance of an organization for maintenance and repair of aviation equipment with certification requirements;

14) aviation personnel - individuals with special and (or) professional training who carry out activities related to the performance and maintenance of aircraft flights, air transportation and aviation operations, aircraft maintenance, organization and maintenance of air traffic, air traffic control;

14-1) aviation hub – an air transport hub airport with the necessary infrastructure for connecting flights, which is used by airlines as an intermediate point for the delivery of passengers, baggage, mail and cargo to their destination;

15) airfield section of the highway is a section of the highway designated by the authorized body in the field of state aviation, used for take-off and landing of state aviation aircraft when solving service and combat missions and combat training tasks.;

15-1) payments in the field of civil aviation – the payment of individuals and legal entities for services provided by an authorized organization in the field of civil aviation, as well as mandatory contributions from legal entities for its constant supervision of flight safety and aviation security to the budget of an authorized organization in the field of civil aviation;

16) authorized body in the field of civil aviation - the central executive body responsible for the management of the use of the airspace of the Republic of Kazakhstan and the activities of civil and experimental aviation;

16-1) authorized organization in the field of civil aviation – a joint-stock company with one hundred percent state participation in the authorized capital, carrying out activities aimed at ensuring the sustainable development of the civil aviation industry of the Republic of Kazakhstan, flight safety and aviation safety;

16-2) employees of an authorized organization in the field of civil aviation – employees of an authorized organization in the field of civil aviation who hold the positions of the first head and his deputies, heads of structural divisions and aviation inspectors;

16-3) international organizations in the field of civil aviation – international organizations that carry out activities in the field of civil aviation and adopt aviation regulations aimed at ensuring safety, regularity, efficiency and regulation of other issues of air transport;

17) aviation rules of the international organization in the field of civil aviation – a requirement governing the organization and implementation of certain aspects of civil aviation activities adopted by the international organization in the field of civil aviation;

18) civil aviation organization - a legal entity operating in the field of civil aviation;

19) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

19-1) civil-military coordination system – a set of measures aimed at the safe and effective use of airspace by all types of aviation;

20) civil aircraft operator's certificate - a document issued by an authorized organization in the field of civil aviation certifying the operator's compliance with the Rules for Certification of Civil Aircraft Operators and certification requirements;

21) certificate of state registration of a civil aircraft is a standard document issued by an authorized organization in the field of civil aviation and confirming the entry of a civil aircraft into the State Register of Civil Aircraft of the Republic of Kazakhstan;

22) certificate of airworthiness of a civil aircraft - a document issued by an authorized organization in the field of civil aviation certifying the compliance of a civil aircraft with airworthiness standards;

23) an aircraft in distress is an aircraft that has been seriously damaged or completely destroyed during taxiing, takeoff, landing or fall, as well as an aircraft that has made an emergency landing outside the airfield.;

24) an aircraft in distress is an aircraft that is in immediate danger or with which people on board are in immediate danger or with which radio communication is lost and the location of this vessel is unknown.;

25) particularly important flights - the status assigned by state bodies authorized by the Government of the Republic of Kazakhstan to aircraft flights, as well as their routes (flights) during air transportation of protected persons of the Republic of Kazakhstan;

26) an aeroclub is a legal entity that uses an airfield (heliport), airport by right of ownership or on other legal grounds and ensures, in cases provided for by this Law, the activities of general aviation operators.;

27) aeronautical information - information obtained as a result of data collection, analysis and processing for the purposes of aircraft flight operations, air traffic services and air traffic control;

28) aeronautical information document - a document that contains information essential for flight operations, air traffic services and air traffic control, approved and published in accordance with the established procedure;

28-1) air navigation services – activities that include the organization of air traffic, the provision of communication, navigation and surveillance systems, meteorological and search and rescue support for flights, and the provision of aeronautical information.

These types of services are provided to users of the airspace at all stages of the flight (approach, in the area of the airfield and on the route);

29) air navigation service provider – a legal entity providing air traffic management and (or) other air navigation services;

29-1) certificate of the air navigation service provider is a standard document certifying the compliance of the air navigation service provider with the certification requirements;

29-2) fair culture is the principle of flight safety, in which aviation personnel and other employees in the field of civil aviation report mistakes or misconduct and are not responsible for mistakes or misconduct in the field of civil aviation, except in cases provided for by this Law;

30) airfield - a certain area of the earth's or water's surface (including buildings, structures and equipment), intended in whole or in part for the arrival, departure and movement of aircraft on this surface;

31) certificate of airworthiness of an airfield (heliport) is a document issued by an authorized organization in the field of civil aviation certifying the compliance of an airfield (heliport) with certification requirements.;

32) aerodrome territory - the territory of the earth's surface with the center at the control point of the airfield and the radius determined by the authorized bodies in the fields of civil and state aviation;

33) aerodrome meteorological authority - a service located at an aerodrome intended for meteorological support of aircraft flights;

34) airfield traffic - the movement of aircraft and vehicles in the airfield maneuvering area, as well as flights of all aircraft in the airfield area;

35) airfield control point - a point that determines the geographical location of the airfield;

36) airport - a complex of facilities designed for receiving and dispatching aircraft, servicing air transportation and having an airfield, terminal, and other necessary facilities and equipment for these purposes.;

37) airport activities - activities carried out by individuals and (or) legal entities at airports related to the provision of air transportation, aviation operations, flight safety and aviation security;

38) the certificate of the airport (airfield) aviation security service is a standard document certifying the compliance of the airport (airfield) aviation security service with the certification requirements;

39) controlled area of the airport – the working area of the airport (airfield), the territory adjacent to it and the buildings located near it or part of them, access to which is controlled;

39-1) spare parts for aircraft – aircraft parts that are not equipment, which are integral components of a vehicle used for the purpose of repairing or replacing parts, including engines and propellers;

40) aircraft - an apparatus maintained in the atmosphere due to its interaction with air, excluding interaction with air reflected from the earth's (water's) surface;

41) charterer is an air carrier who, in accordance with a chartering (charter) agreement, transfers for a fee to another party (the charterer) the entire capacity or part of the capacity of one aircraft (or several vessels) with a crew for one or more flights for the carriage of passengers, baggage, cargo, mail or other purposes and provides its services We provide services for its management and technical operation;

42) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

43) charterer - a natural or legal person who has concluded a chartering (charter) agreement with an air carrier (charterer) on the transfer to its use of the entire capacity or part of the capacity of one aircraft (or several vessels) with a crew for one or more flights for the transportation of passengers, baggage, cargo, mail or other purposes;

44) maximum certified take–off weight of an aircraft is the maximum permissible take-off weight of an aircraft specified in the type certificate or flight operating manual of a civil aircraft.;

45) aircraft flight is the movement of an aircraft on the ground (water) surface and in airspace from the beginning of the takeoff run (separation from the ground or water surface during vertical takeoff) to the end of the run (release of the runway without stopping) or touching the ground (water) surface during vertical landing;

46) the regime of use of airspace is a temporary procedure for the use of certain elements of the structure of the airspace of the Republic of Kazakhstan, established for carrying out activities requiring special organization of the use of airspace;

47) air traffic - the movement of aircraft in flight and on the maneuvering area of the airfield;

48) air traffic services - flight information services, emergency notification, air traffic control services (district control services, approach control services or airfield control services);

49) air traffic services authority – an air traffic control service authority, flight information center or collection point for reports related to air traffic services by an air navigation service provider;

50) air traffic control is a complex process of planning, coordinating, and ensuring flights, direct control of aircraft movement on the ground and in the air, as well as monitoring compliance with the established flight regime and the use of airspace;

51) air traffic control body - a control center or a control point of the state aviation, which carries out air traffic control within its competence and in the zones and areas designated for it.;

51-1) Air traffic management is a dynamic and integrated air traffic and airspace management carried out in a safe, economical and efficient manner, including air traffic services, airspace management and air traffic flow management, through the provision of facilities and continuous maintenance in cooperation with all parties and using on–board and ground functions;

52) air transportation - the activity of individuals and legal entities for the transportation of passengers, baggage, cargo and mail by aircraft;

53) airway – controlled airspace (or part of it) in the form of a corridor;

53-1) charter agreement – a contract of carriage (freight) under which the lessor (charterer) is obliged to provide the lessee (charterer) with the entire capacity or part of the capacity of one aircraft (or several vessels) for a fee for temporary possession and use on one or more flights for the transportation of passengers, baggage, cargo, mail shipments or other purposes and provide on-site services for its management and technical operation;

53-2) flight recorder – any recorder installed on board an aircraft as an additional source of information for conducting an investigation of an accident or incident;

53-3) competence–based training and evaluation system - a system of training and evaluation of aviation personnel, which is characterized by results orientation, special attention to standards of operational efficiency and measurement of these standards, as well as the development of a training course based on established performance standards;

54) area of responsibility is an airspace of a certain size in which an air traffic services authority or an air traffic control authority performs its functions;

54-1) ground handling – maintenance required upon arrival of an aircraft at an airport (airfield) or departure of an aircraft from an airport (airfield), not including air traffic services;

54-2) ground handling service provider – an individual or legal entity that provides ground handling services on the territory of an airport (airfield), with the exception of the airport (airfield) operator and the airline that independently services its aircraft, passengers, baggage, cargo and mail;

55) passenger - an individual who is not a member of the crew and is transported on an aircraft in accordance with an air transportation contract or on other legal grounds.;

55-1) inspection order – an individual act issued by an aviation inspector of an authorized organization in the field of civil aviation based on the results of control and supervision to individuals or legal entities to eliminate identified violations.;

56) cabin crew member - a person belonging to aviation personnel who, in the interests of safety and for the purpose of passenger service and (or) cargo transportation, performs duties on board an aircraft assigned to him by the operator or commander of the aircraft, but is not a member of the flight crew;

57) commercial air transportation is the activity of legal entities engaged in the transportation of passengers, baggage, cargo and mail by civil aircraft for a fee or for hire in accordance with an air transportation contract;

57-1) Restricted access security zone – sections of the airport's controlled area designated as high-risk zones in which, in addition to access control, other security controls are applied.;

58) The State Register of Civil Aircraft of the Republic of Kazakhstan is a document in which the state registration of civil aircraft of the Republic of Kazakhstan and the rights to them is carried out.;

59) the airspace of the Republic of Kazakhstan - the airspace over the land and water territory of the Republic of Kazakhstan, including over its territorial waters;

60) The Register of State Aviation Aircraft of the Republic of Kazakhstan is a document in which the state registration of state aviation aircraft of the Republic of Kazakhstan is carried out.;

60-1) irrevocable authority – the authority of an individual or legal entity in whose favor the right is given to make demands for exclusion from the State Register of Civil Aircraft of the Republic of Kazakhstan (deregistration) and export of an aircraft in accordance with the Protocol on Aviation Equipment to the Convention on International Interests in Mobile Equipment;

61) danger zone - an airspace of established dimensions, within which, during certain periods of time, activities that pose a danger to aircraft flights may be carried out.;

61-1) dangerous goods – products or substances that pose a threat to human life and health, safety and property or the environment, specified in the list of dangerous goods defined by the technical instructions for the safe transportation of dangerous goods by air of the International Civil Aviation Organization (ICAO);

61-2) remote identification system – a system that provides local transmission of information about an unmanned aircraft during flight;

62) landing site - a plot of land, ice, water surface, surface of a structure, including the surface of a floating structure, intended for take-off, landing, taxiing and parking of aircraft;

63) alternate aerodrome - an aerodrome to which an aircraft can proceed in the event that it is impossible or impractical to proceed to or land at the airfield of the intended landing;

63-1) medical examination – establishment or confirmation of the presence or absence of an illness in aviation personnel, determination of the state of health, as well as temporary disability, professional suitability to work in the shift being taken over;

63-2) medical certificate – a standard document issued based on the positive results of a medical examination, confirming the applicant's compliance with the requirements for fitness for health reasons and providing access to professional activity.;

63-3) the state aviation control and supervision body is a structural subdivision of the authorized body in the field of state aviation that carries out state control and supervision over the activities of state aviation;

64) authorized body in the field of state aviation - the central executive body responsible for the management of the use of the airspace of the Republic of Kazakhstan and the activities of state aviation;

65) meteorological information - meteorological summary, analysis, forecast and any other message concerning actual or expected meteorological conditions intended for users of airspace;

65-1) instructional material – a document including a description of processes and procedures intended for aviation inspectors of an authorized organization in the field of civil aviation, in order to uniformly apply the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, standards and recommended practices of the International Civil Aviation Organization (ICAO) during certification, control and supervision, as well as attributing non - compliance with certification requirements to various levels;

66) operator - an individual or legal entity engaged in the operation of civil aircraft or offering its services in this field;

66-1) unmanned aircraft system – an unmanned aircraft and its associated elements (including communication channels and components controlling an unmanned aircraft) that are necessary for the safe and efficient operation of an unmanned aircraft in airspace;

66-2) the flight restriction zone of unmanned aircraft is a part of the airspace of established dimensions over the territory of the Republic of Kazakhstan, within which flights of unmanned aircraft are limited by certain conditions.;

66-3) unmanned aircraft – an aircraft that is operated or designed for autonomous operation and (or) for remote control without a pilot on board;

66-4) flight status change — change of route from the planned destination, flight delay, flight schedule change, flight cancellation or other change affecting the flight departure (arrival) time or route;

66-5) expert medical report – a document issued by an aviation medical inspector in disputed cases with the involvement, if necessary, of other aviation specialists;

66-6) certified airfield (heliport) – an airfield (heliport), the operator of which has been issued a certificate of airworthiness of the airfield (heliport);

67) investigation is a process conducted to prevent an aviation accident or incident, which includes the collection and analysis of information, the preparation of conclusions, including the establishment of its causes and (or) related factors, and the development of recommendations for safety;

67-1) type certificate is a document issued by an authorized organization in the field of civil aviation, an international organization in the field of civil aviation certifying aircraft, or a foreign state to determine the design type of a civil aircraft, engine, or propeller and confirming the design's compliance with airworthiness standards.;

68) irregular flight (flight) - a flight (flight) that is not regular and is performed for a specific customer for the purpose of air transportation or without it;

68-1) permanent supervision is a type of state supervision over compliance with established requirements by certified individuals and legal entities in order to provide safe aviation services to the public.;

69) scheduled flight – a flight operated in accordance with the schedule established and published by the airline;

70) restricted zone - an airspace of established dimensions over the territory of the Republic of Kazakhstan, within which the performance of aircraft flights without special permission is prohibited.;

71) helicopter - an aircraft heavier than air, which is maintained in flight mainly due to the reaction of air with one or more main rotors rotated by the power plant around the axes, which are approximately in an upright position.;

72) heliport - an airfield or a certain area of the surface on a structure intended in whole or in part for the arrival, departure and movement of helicopters on this surface;

72-1) a single operator for the provision of helicopter services is a legal entity with material and technical resources, aircraft and qualified specialists, which is a subject of civil aviation, determined by the authorized body in the field of civil protection.;

73) temporary airfield - an airfield designed to support aircraft flights during a certain period of the year, which does not have stationary facilities and equipment, and is subject to accounting in accordance with the established procedure.;

74) airplane - an aircraft heavier than air, driven by a propulsion system, the lifting force of which in flight is created mainly due to aerodynamic reactions on surfaces that remain stationary under given flight conditions;

75) airworthiness - the technical condition of an aircraft corresponding to the flight characteristics that ensure its safety and flight quality;

76) airworthiness standards - requirements for the design, parameters and flight qualities of aircraft and their components aimed at ensuring flight safety;

76-1) Airworthiness Directive – information aimed at maintaining the airworthiness of an aircraft, including engines and propellers, ensuring safe operation of the aircraft, as well as requirements for modification, replacement of components, or inspection of the aircraft and/or amendments to its operational limitations and operating instructions;

76-2) flight restriction zone – an airspace of established dimensions over the territory of the Republic of Kazakhstan, within which aircraft flights are limited by certain conditions;

77) flight plan - certain information about the planned flight or part of the flight of an aircraft, provided by the pilot, crew or operator to the air traffic services and (or) air traffic control authorities;

78) flight safety is a condition in which the risk of harm to human life or health or damage to property is reduced to an acceptable level and maintained at this or a lower level through a continuous process of identifying sources of danger and controlling risk factors.;

78-1) Flight safety management system – a systematic approach to flight safety management, including organizational structure, hierarchy of responsibilities, responsibilities, guidelines and procedures;

78-2) flight tests – a flight performed to determine the characteristics of an aircraft, power plants, aviation and special equipment, weapons and other aviation equipment, research in the field of aerodynamics and strength of aircraft, as well as their systems, and (or) to determine the compliance of civil aviation equipment with airworthiness requirements.;

79) flight crew member - a person belonging to the aviation personnel, who has a valid certificate of aviation personnel, who is charged with duties related to the management of the aircraft during flight time.;

80) Excluded by the Law of the Republic of Kazakhstan dated December 29, 2022 No. 174-VII (effective sixty calendar days after the date of its first official publication). 81) Excluded by the Law of the Republic of Kazakhstan dated December 29, 2022 No. 174-VII (effective sixty calendar days after the date of its first official publication).

81-1) The International Civil Aviation Organization (ICAO) is a specialized agency of the United Nations that establishes international standards necessary to ensure the safety, reliability and efficiency of air services, and coordinates international cooperation in all areas related to civil aviation.;

81-2) International Civil Aviation Organization (ICAO) standard – a requirement for physical characteristics, configuration, material, technical characteristics, personnel or rules, the uniform application of which is recognized as necessary to ensure the safety or regularity of international air navigation, adopted by the International Civil Aviation Organization (ICAO);

81-3) Recommended practice of the International Civil Aviation Organization (ICAO) – a requirement for physical characteristics, configuration, material, technical characteristics, personnel or rules, the uniform application of which is considered desirable in the interests of safety, regularity or efficiency of international air navigation, adopted by the International Civil Aviation Organization (ICAO);

82) international airport - an airport providing international air transportation, in which customs, border and sanitary quarantine control is organized;

83) international air transportation is an air transportation in which the points of departure and destination, regardless of whether there is a break in transportation or transshipment, are located on:

territories of two or more States;

territories of one state, if a stopover is planned on the territory of another state;

84) temporary management of an airport operator authorized to operate flights in international traffic is the compulsory implementation of a set of administrative, legal, financial, organizational, technical and other measures and procedures in relation to an airport operator authorized to operate flights in international traffic;

85) international flight - flight of an aircraft in which the aircraft crosses the border of a foreign state;

85-1) search and rescue operations - a set of measures carried out for the purpose of searching and rescuing passengers and crews of aircraft in distress, as well as searching for and providing assistance to people in emergency situations of a natural and man–made nature;

86) crew member - a person belonging to the aviation personnel assigned to perform certain duties on board an aircraft during flight time;

87) crew member's certificate is a standard document issued to crew members, engineering and technical staff providing technical support for flights, and personnel ensuring the safety of a civil aircraft in flight.

The Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV.

This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and aviation activities, and defines the procedure for the use of airspace and aviation activities in order to protect human life and health, the environment, the interests of the state, ensure the safety of aircraft flights and meet the needs of the economy of the Republic of Kazakhstan, individuals and legal entities in aviation services.

President

Republic of Kazakhstan

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