Article 12-3. Temporary exemptions (exclusions, derogations) in the field of civil aviation of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

     1. The authorized organization in the field of civil aviation grants temporary exemptions (exclusions, derogations) from the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities to operators, civil aviation organizations, as well as aviation personnel, if such exemptions (exclusions, derogations) are compensated by the introduction of additional and (or) alternative measures ensuring the level of flight safety equivalent to the established one.

     Temporary exemptions (exclusions, derogations) are granted in cases and in accordance with the procedure determined by the regulatory legal acts of the authorized body in the field of civil aviation on issues related to flight safety.

     2. The granting of temporary exemptions (exceptions, derogations) should be based on an analysis of the associated risks conducted by an authorized organization in the field of civil aviation.

     The analysis of associated risks is based on a risk assessment provided by operators, civil aviation organizations and aviation personnel, which should demonstrate the possibility of achieving a flight safety level equivalent to the established one.

     3. Information on temporary exemptions (exceptions, derogations) granted to operators, civil aviation organizations, as well as aviation personnel is posted on the Internet resource of an authorized organization in the field of civil aviation. The specified information should contain the conditions for granting temporary exemptions (exceptions, derogations), including information on time restrictions and (or) mitigating measures, depending on the specific case, and the duration of such exemptions (exceptions, derogations).

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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