Commentary to article 566. Violation of the rules of conduct on an aircraft The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the rules of conduct on an aircraft, committed in the form of non-compliance by a person on an aircraft with the orders of the aircraft commander or other crew members, if the actions of this person do not pose a threat to flight safety, -
entails a fine in the amount of three monthly calculation indices.
2. The use of cellular and trunking communication services on board the aircraft at all stages of flight, radio-electronic means and high-frequency devices for household purposes at the stages of taxiing, climbing, and landing of the aircraft, with the exception of the use of cellular communications and radio-electronic means on board the aircraft in autonomous mode "in flight", -
entails a warning or a fine in the amount of five monthly calculation indices.
3. The acts provided for in the first and second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of ten monthly calculation indices.
The object of the offense is the social and legal relations that arise on board the aircraft, ensuring flight safety.
The objective side of part 1 of the article under consideration is manifested in the failure of a person on an aircraft to comply with the orders of the aircraft commander or other crew members. Moreover, illegal actions (inactions) that violate the rules of conduct on an aircraft by a person should not pose a threat to flight safety.
If a person on an aircraft violates the rules of conduct on an aircraft that will endanger flight safety, then such illegal actions (omissions) should be qualified under other articles of criminal or administrative codified legislation. For example, if a passenger is intoxicated, which is a disgrace to human dignity and public morality, or uses obscene language, insults citizens (passengers or crew members), then the offender's actions should be additionally qualified under Articles 440 and 434 of the Administrative Code.
Article 56 of the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV "On the use of the Airspace of the Republic of Kazakhstan and Aviation activities" defines the concepts used in the commented article.
The aircraft commander may be a person who has completed appropriate training in accordance with the established procedure, has a pilot's certificate and is authorized to fly an aircraft of this type independently. For each individual flight, the aircraft commander is appointed by the aircraft operator or the aircraft owner in the case of general aviation.
The crew of an aircraft are persons of aviation personnel who, in accordance with the procedure established by the authorized body in the field of civil aviation or the authorized body in the field of state aviation, are entrusted with the performance of certain duties for the management and maintenance of an aircraft for flight operations.
At the subordinate level, namely by the order of the Minister of Investment and Development of the Republic of Kazakhstan dated June 30, 2017 No. 416 "On approval of the Rules of conduct on board an aircraft", more specific concepts are given to aviation personnel.
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.;
A crew member is a person belonging to the aviation personnel assigned to perform certain duties on board an aircraft during flight time.
According to paragraphs 1 and 2 of Article 88 of the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV "On the use of the Airspace of the Republic of Kazakhstan and Aviation Activities", the scope of duties and prohibitions for persons on an aircraft that affect flight safety but do not pose a threat to it is defined.
Persons who are on the aircraft as passengers are required to:
1) unconditionally comply with the requirements of the aircraft commander and other crew members, as well as the actions indicated on the information boards.;
2) to place hand luggage and personal belongings in specially designated places;
3) fasten the seat belts of the passenger seat by order of the aircraft commander or when information signs are turned on obliging to perform the specified actions.;
4) observe discipline and order on board the aircraft during the entire flight.
Persons on board the aircraft, including the persons to whom it belongs, are prohibited from interfering with the actions of the crew, demanding that they change the flight plan and procedure, or fail to comply with instructions from air traffic services or air traffic control authorities.
Persons on board the aircraft as passengers are not allowed:
1) get up, walk around the cabin and stand in the aisles during taxiing, take-off and landing of the aircraft;
2) create conditions that are uncomfortable for other passengers or hinder the work of crew members;
3) use emergency rescue equipment without appropriate instructions from the crew members;
4) enter or attempt to enter the cockpit;
5) to allow any verbal abuse, use of violence or threats of its use towards other persons on board the aircraft;
6) consume alcoholic beverages, including those purchased in duty-free shops, with the exception of those offered on board the aircraft as part of standard service;
7) transfer to a place other than that indicated on the boarding pass without the permission or instruction of a crew member.
The objective side of part 2 of the analyzed article provides for administrative responsibility for the use of cellular and trunking communication services on board an aircraft at all stages of flight, radio-electronic means and high-frequency household devices at the stages of taxiing, climbing, and landing of an aircraft.
It does not constitute an administrative offense if the use of cellular communications and electronic means on board an aircraft is carried out in an autonomous mode "in flight".
Cellular communication is a mobile communication network and a communication method in which access to subscriber lines or to a communication channel is carried out without using a cable.
Trunking systems (English trunking — bundling) — radial-zone communication systems that automatically distribute communication channels between subscribers. The term "trunking" refers to a method for subscribers to access a common dedicated bundle of channels, in which a free channel is allocated to a subscriber for the duration of a communication session.
The sanction of part 2 of the article provides for two types of administrative penalties:
1) Warning;
2) a fine in the amount of five monthly calculation indices.
But arbitrary choice of punishment is unacceptable. When making a decision to impose an administrative penalty under the commented article, the above-mentioned officials must take into account the requirements of part 2 of Article 43 of the Administrative Code, which states that "In the absence of circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), the body (official) imposing the administrative penalty is obliged to apply a warning provided for in the relevant article of the Special Part of this Code."
The objective side of Part 3 of the commented article provides for qualifying signs 1 and 2 of parts of the same article, committed repeatedly within a year after the imposition of an administrative penalty.
The subject of the act may be persons who have reached the age of 16 and were on an aircraft.
The subjective side of the commented article can be expressed both in the form of direct intent and carelessness.
The heads of line departments, departments, police stations of the internal affairs bodies and their deputies have the right to initiate proceedings under the commented article and impose administrative penalties (paragraph 3, part 2, Article 685 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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