Amendments to the Law On the use of airspace of the Republic of Kazakhstan and Aviation Activities were adopted

Created on 27.01.2021 11:13

On January 2, 2021, the President of the Republic of Kazakhstan signed the Law of the Republic of Kazakhstan No. 399-VI on Amending and Supplementing certain legislative acts of the Republic of Kazakhstan, aimed at recovering the economic growth (hereinafter – the Law). The Law also contains some amendments to the Law “On the use of airspace of the Republic of Kazakhstan and Aviation Activities”.

Previously, the legislation of the Republic of Kazakhstan in the field of civil aviation had not provided for control regarding operators flying outside the airspace of the Republic of Kazakhstan, located on the aerodromes of a foreign state. In this case, they had become unavailable for inspection by the competent state authorities. Besides, operators had no responsibility towards the authorized organization in the field of civil aviation about irregular international flights.

In order to ensure constant monitoring of such operators, the Aviation Administration of Kazakhstan jointly with the Civil Aviation Committee proposed certain amendments to the Law “On the use of airspace of the Republic of Kazakhstan and Aviation Activities” under the above-mentioned Law.

In accordance with new amendments, civil aircraft operators operating irregular flights outside the airspace of the Republic of Kazakhstan must be located at their Headquarter office in the Republic of Kazakhstan. Their operational and financial decisions affecting the direction, monitoring and operational coordination of the organization should be made available to the competent state authorities.

In addition, if the operator fails to notify the AAK about the date and purpose of the flight outside the airspace of the Republic of Kazakhstan or provide an incorrect information, as well as violation of the requirement regarding the location of the office in the Republic of Kazakhstan, the Aviation Administration is entitled to revoke the operator’s certificate. Grounds for withdrawal of the operator’s certificate is also an operator’s flight for the purpose of transporting military formations, weapons and military equipment of foreign states, as well as dual-use products without the approval of the authorized body in the field of civil aviation. 

In addition, in order to ensure monitoring over the aircrafts operating international flights, mandatory requirements on the availability of equipment (on board) have been introduced, providing the data transmission on the condition and location of the aircraft intended for cargo transport through ground and satellite communication channels.

Furthermore, in order to register a civil aircraft designed for cargo transport, new requirements have been introduced related to calendar period of aircrafts intended for the carriage of goods (the period commencing on the date of issue of the aircraft until the day of registration), which must not exceed twenty-five years. In turn, the resource of the aircraft, calculated by the number of flights and hours should no longer be than two thirds of the established factory resource, thereby providing the official confirmation of the manufacturer or Design Bureau.

Corresponding amendments enter into force ten calendar days after the date of its first official publication of the Law.

The Law of the Republic of Kazakhstan On the use of airspace of the Republic of Kazakhstan and Aviation Activities, containing new amendments is available at the link.

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