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Home / RLA / Article 11. The procedure for conducting inspections of compliance by individuals and legal entities with flight safety and aviation safety requirements of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

Article 11. The procedure for conducting inspections of compliance by individuals and legal entities with flight safety and aviation safety requirements of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 11. The procedure for conducting inspections of compliance by individuals and legal entities with flight safety and aviation safety requirements of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

     1. Inspections of compliance by individuals and legal entities with flight safety and aviation safety requirements are conducted by an authorized organization in the field of civil aviation in accordance with the principle of necessity and sufficiency.

     2. The inspection is carried out by an aviation inspector of an authorized organization in the field of civil aviation (hereinafter referred to as the aviation inspector) using instructional material.

     3. The inspection is carried out on the basis of an order to conduct an inspection by an authorized organization in the field of civil aviation, which specifies the person performing the inspection, the timing of the start and completion of the inspection, as well as the data of the individual or legal entity being checked.

     4. During the inspection, aviation inspectors are required to present an inspection order and an aviation inspector's certificate. The beginning of the inspection is considered to be the moment when a copy of the inspection order is handed over to the person being checked.

     5. In cases of refusal to accept a copy of the inspection order or obstruction of the access of the aviation inspector conducting the inspection to the facilities and (or) materials necessary for conducting the inspection, a protocol is drawn up, which is signed by the aviation inspector conducting the inspection and the person being checked or his authorized representative.

     The person being checked has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal. Refusal to receive an inspection order is not a reason for canceling the inspection.

      6. Based on the results of the inspection, the aviation inspector performing the inspection draws up an act on the results of the inspection in two copies.  

      The inspection results report states:  

      1) date, time and place of drawing up the act;  

      2) the name of the authorized organization in the field of civil aviation;  

      3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;  

      4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person who carried out the inspection;  

      5) the surname, first name, patronymic (if it is indicated in the identity document) of the individual being checked, or the name and details of the legal entity, and in the case of an inspection of civil aircraft of foreign operators, of all the individuals or legal entities being checked and other persons present during the inspection.;  

      6) date, place and period of the inspection;  

      7) information about the results of the audit, including the identified violations and their nature;  

      8) information about familiarization or refusal to familiarize with the act of the individual or legal entity being checked, as well as persons who were present during the inspection, their signatures or a record of refusal to sign;  

      9) the signature of the official who conducted the inspection.  

     The audited person has the right to appeal the results of the audit in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     The report on the results of the audit shall be accompanied (if any) by the conclusions of the conducted studies (tests), examinations and other documents or copies thereof related to the results of the audit.

     7. If there are comments and/or objections based on the results of the audit, the person being checked shall state them in writing. Comments and (or) objections may be attached to the report on the results of the audit, which is marked accordingly.

     8. One copy of the inspection results report with copies of appendices, with the exception of copies of documents held in the original by the person being checked, shall be handed over to the person being checked or his authorized representative for familiarization and taking measures to eliminate the identified violations and other actions.

     9. If there are no violations of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, a corresponding entry is made in the inspection report on the results of the inspection.

 

 

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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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