Article 54. Professional training and admission to the types of activities of civil aviation personnel The Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

Home / Laws / Article 54. Professional training and admission to the types of activities of civil aviation personnel The Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities

1. Professional training of civil aviation aviation personnel includes initial training, retraining and professional level maintenance.

Initial training and retraining of aviation personnel is carried out at aviation training centers.

Professional level maintenance is carried out in aviation training centers and (or) civil aviation organizations.

The qualification level of aviation personnel is determined by individuals appointed by an authorized organization in the field of civil aviation in accordance with the rules for determining the qualification level of aviation personnel. Such persons must meet the qualification requirements established by the authorized body in the field of civil aviation.

The qualification level of light and ultralight aviation personnel is determined by permanent qualification commissions of non-profit organizations that unite aircraft operators, in accordance with the rules for determining the qualification level of aviation personnel.

Aviation security personnel are trained and retrained in aviation training centers certified by an authorized organization in the field of civil aviation, and (or) aviation security training centers of the International Civil Aviation Organization (ICAO) in accordance with the aviation security training and retraining program.

The training and retraining of aviation security inspection inspectors is carried out by an independent training center in accordance with the aviation security training and retraining program.

Aviation security training and retraining for personnel who have unaccompanied access to the airport's restricted access area is conducted at aviation training centers certified by an authorized organization in the field of civil aviation and/or at the International Civil Aviation Organization (ICAO) aviation security training centers or in civil aviation organizations by aviation security instructors who have received training in authorized organization in the field of civil aviation admission to work, in accordance with the aviation safety training and retraining program.

2. The compliance of the services of the aviation training center for civil aviation with the certification requirements is confirmed by the authorized organization in the field of civil aviation by issuing a certificate of the aviation training center for civil aviation.

The procedure for certification of an aviation training center for civil aviation is established by the Rules for Certification and Issuance of a certificate of an aviation training center for Civil Aviation.

Foreign aviation training centers for civil aviation are allowed to train and maintain the professional level of civil aviation aviation personnel after their certificates are recognized by an authorized organization in the field of civil aviation in accordance with the rules for certification and issuance of a certificate of an aviation training center for civil aviation.

A certified aviation training center for civil aviation, whose activities are related to aircraft operations, is required to implement a flight safety management system in accordance with the standard safety management instructions, depending on the volume and complexity of the work performed.

2-1. Aviation personnel must demonstrate a level of theoretical knowledge and practical skills, as well as language proficiency appropriate to their functions, in accordance with International Civil Aviation Organization (ICAO) standards through testing or periodic inspections conducted by designated individuals authorized to determine the level of qualifications of aviation personnel.

2-2. Flight simulation simulators used for the purpose of training, maintaining and testing the practical skills of flight crew members of civil aircraft are allowed to be used in accordance with the rules for evaluating flight simulation simulators in civil aviation approved by the authorized body in the field of civil aviation.

2-3. The instructional and examining staff of the aviation training center for civil aviation is coordinated with the authorized organization in the field of civil aviation in accordance with the procedure determined by the rules of certification and issuance of the certificate of the aviation training center for civil aviation. The qualification requirements for the instructor and examining personnel of the aviation training center for civil aviation are established by the certification requirements for aviation training centers.

3. Persons belonging to aviation personnel, in order to carry out their professional activities, are required to undergo professional training in accordance with programs agreed upon by an authorized organization in the field of civil aviation.

Persons directly involved in the performance and maintenance of aircraft flights and their maintenance, air traffic services, are allowed to engage in professional activities if they have a valid certificate, valid qualification marks for the right to carry out such activities and (or) a medical certificate of the appropriate class.

The issuance and extension of the validity period of the aviation personnel certificate, as well as the registration of qualification and special marks and the extension of their validity period are carried out in accordance with the procedure for issuing and extending the validity period of aviation personnel certificates approved by the authorized body in the field of civil aviation.

The registration of qualification and special marks in the certificate of aviation personnel of light and ultralight aviation is carried out by a non-profit organization uniting aircraft operators, in accordance with the procedure for issuing and extending the validity period of aviation personnel certificates.

4. A person belonging to aviation personnel is allowed to engage in independent professional activity after completing an internship and the decision of the official who conducted the internship on the possibility of admission to independent professional activity. The persons who conducted the internship are responsible for the informed decision on the possibility of admission to independent professional activities of aviation personnel.

Responsibility for admission to independent professional activity of aviation personnel is borne by an individual who has the right to determine the level of qualification of aviation personnel who have conducted professional knowledge and skills checks.

5. The issuance of an aviation personnel certificate to a person for the right to carry out professional activities in accordance with the qualification requirements is carried out by an authorized organization in the field of civil aviation.

The qualification requirements for a person to obtain an aviation personnel certificate are determined by the authorized body in the field of civil aviation.

The authorized organization in the field of civil aviation shall keep a register of issued certificates of aviation personnel in accordance with this article and certificates of aviation personnel recognized in accordance with Article 55 of this Law.

The authorized organization in the field of civil aviation ensures that certificates of aviation personnel are issued in such a way that the aviation authorities of foreign countries can easily determine the rights granted by certificates and the validity periods of qualification and special marks.

6. 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).

6-1. An authorized organization in the field of civil aviation suspends the validity of an aviation personnel certificate (decision on recognition) from a person who holds an aviation personnel certificate issued or recognized in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, in the following cases::

1) non-compliance with the technology of performing work affecting the suitability of the aircraft for flight operations;

2) insufficient professional training identified during inspections;

3) a one-time gross violation of the established requirements in the provision and execution of flights, maintenance of air traffic and maintenance;

4) excluded by the Law of the Republic of Kazakhstan dated 05/10/2017 No. 64-VI (effective ten calendar days after the date of its first official publication);

5) performing activities related to aircraft control, aircraft maintenance, and air traffic services in a state of alcoholic, narcotic, and/or substance abuse intoxication (their analogues).

6-2. The authorized organization in the field of civil aviation revokes the certificate of aviation personnel (recognition decisions) from the person who holds the certificate of aviation personnel issued or recognized in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, in the following cases::

1) obtaining a certificate (decision on recognition) by falsifying the documents submitted by him;

2) falsification of records and related data related to the performance of official duties;

3) excluded by the Law of the Republic of Kazakhstan dated 05/10/2017 No. 64-VI (effective after ten calendar days after the date of its first official publication); 4) excluded by the Law of the Republic of Kazakhstan dated 05/10/2017 No. 64-VI (effective after ten calendar days after the date of its first official publication); 5) excluded by the Law RK No. 64-VI dated 05/10/2017 (effective ten calendar days after the date of its first official publication);

6) by a court decision.

6-3. The procedure and terms for suspending the certificate of aviation personnel, as well as its revocation from the applicant (owner), who is an individual related to aviation personnel, are determined by the Rules for Issuing and Extending the Validity Period of Aviation Personnel Certificates.

6-4. The certificate of aviation personnel (decision on recognition) of a person who is the owner of an aviation personnel certificate issued or recognized in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities is terminated in the following cases::

1) loss, theft, damage of the certificate of aviation personnel or in the case of a change of surname, first name, patronymic (if it is indicated in the identity document) by its owner;

2) disability (according to the submission of data from the place of work);

3) death;

4) 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. The specifics of the working hours of civil and experimental aviation aviation personnel directly related to flight safety are developed taking into account the standards and recommended practices of the International Civil Aviation Organization (ICAO) and the aviation rules of international organizations in the field of civil aviation and are established by the authorized body in the field of civil aviation for all civil aviation operators and organizations of the Republic of Kazakhstan.

In accordance with the specifics of the working hours of civil aviation aviation personnel directly related to flight safety, the civil aviation aircraft operator has the right to approve regulations on the organization of working hours and rest for aircraft crew members.

The specifics of the working hours of aviation personnel directly involved in air traffic services are determined by the instructions for the organization and maintenance of air traffic.

8. The admission of aviation personnel to perform and maintain particularly important flights is carried out in coordination with the State Security Service of the Republic of Kazakhstan.

9. 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).

10. Persons involved in the performance and maintenance of aircraft flights and their maintenance, maintenance of air traffic, are prohibited from carrying out such activities in a state of alcoholic, narcotic, toxic intoxication (their analogues) or using substances that cause such intoxication in the course of performing their duties.

All holders of certificates who use (have used) psychoactive substances are identified and released from performing functions affecting flight safety.

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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