Commentary to article 565. Admission to work of aviation personnel who have not completed professional training or do not have the appropriate qualifications The Code of the Republic of Kazakhstan on Administrative Offences
Admission to work of aviation personnel who have not completed professional training or do not have the appropriate qualifications, -
entails a fine for officials in the amount of forty, for legal entities - in the amount of sixty monthly calculation indices.
The general object of the offense is the social and legal relations in the field of air transport safety.
Article 1 of the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339 "On the use of the Airspace of the Republic of Kazakhstan and Aviation Activities" defines persons related to aviation personnel.
Aviation personnel are 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, and air traffic control. Aviation personnel, depending on their type of aviation, are divided into civil, state and experimental aviation aviation personnel.
The objective side of the administrative offense under consideration is illegal actions (inaction) that violate the admission procedure for aviation personnel.:
1) who has not completed professional training;
2) not having the appropriate qualifications.
Professional training of civil aviation aviation personnel includes initial training, retraining and professional level maintenance and is carried out in accordance with Article 54 of the Law of the Republic of Kazakhstan dated July 15, 2010 "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities".
Initial training and retraining of aviation personnel is carried out at aviation training centers. The professional level is maintained in aviation training centers and (or) civil aviation organizations.
The qualification level of aviation personnel is determined by individuals appointed by the authorized body in the field of civil aviation in accordance with the rules for determining the qualification level of aviation personnel, approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated July 31, 2017 No. 517. The qualification level of aviation personnel is determined by conducting a qualification exam, which includes:
1) Testing;
2) Practical skills testing.
A prerequisite for the qualification exam is the candidate's complete completion of all previous procedures provided for by the qualification requirements for obtaining and extending the relevant qualification mark certificates (training, internship, simulator training, flight training).
Aviation security personnel are trained and retrained in aviation training centers certified by the authorized body 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 approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated November 24, 2015 No. 1083. The educational process on aviation safety is provided with educational materials, teaching aids, and modern technical training tools.
The compliance of the services of the aviation training center for civil aviation with the certification requirements is confirmed by the authorized body 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, approved by Order No. 115 of the Minister of Investment and Development of the Republic of Kazakhstan dated February 6, 2015. The Aviation Training Center for Civil Aviation is a legal entity that provides training, retraining and maintaining the professional level of civil aviation aviation personnel.
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.
Flight simulation simulators used to train, maintain and test 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 Order No. 436 of the Minister of Investment and Development of the Republic of Kazakhstan dated July 4, 2017.
In case of detection of violations of certification requirements for aviation medical experts, the authorized body in the field of civil aviation takes actions in the following order::
1) suspends, in whole or in part, the scope of such a certificate (or the permitted types (subspecies) of activities specified in the certificate) of an aviation medical expert until violations of certification requirements for aviation medical experts are eliminated for a period of up to three months.;
2) revokes the certificate of an aviation medical expert if violations of certification requirements have not been eliminated within three months from the date of suspension.
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 the authorized body 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 body 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 airworthiness of the aircraft;
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) 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).
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 of the certificate of aviation personnel, its replacement due to a change of surname, first name, patronymic (if it is indicated in the identity document) and other technical reasons;
2) disability (according to the submission of data from the place of work);
3) death;
4) a break in work for more than five years.
The subjects of the act are:
1) officials in accordance with the procedure provided for in Article 30 of the Administrative Code, whose duties include the implementation of the rules for the training and admission to work of aviation personnel;
2) legal entities in accordance with the procedure provided for in Article 33 of the Administrative Code.
The subjective side of the article being commented on can be expressed as either direct intent or carelessness.
They have the right to initiate proceedings under the commented article and impose an administrative penalty.:
1) authorized officials of bodies in the field of transport and communications (Part 1 of Article 691 of the Administrative Code);
2) authorized officials of bodies in the field of civil aviation (Part 3 of Article 691 of the Administrative Code).
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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