Aviation Code of the Russian Federation 9789462740884, 9789462364332

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EASL13_Aviation Code of the Russian Federation_vDEF:Opmaak 1 23-01-15 16:12 Pagina 1

essential air and space law This book contains the updated English translation and the current official Russian text of the Aviation Code of the Russian Federation. For a better understanding of the Act, an introduction has been added, setting out the history of the Aviation Code and its ramifications. An outline of the Code is given and an account of other Russian Federation legislation covering the field of aviation law. The aim of this book is to assist in presenting and clarifying the applicable aviation law in the Russian Federation by providing a professional English translation of the Russian Aviation Code. The book is a welcome addition to the literature in the field and should be of interest to anyone dealing with aviation law. About the author Dr. Heiko van Schyndel has been specialising in aviation law for more than 20 years. For about 10 years he has been advising the Russian Government and Aeroflot – together with former Federal Minister of Internal Affairs Gerhart R. Baum and Prof. Dr. iur. Elmar Giemulla – on the restructuring of the Russian aviation industry and the drafting of a new legal basis for air transport.

by heiko van schyndel

series editor marietta benkö

essential air and space law

heiko van schyndel

aviation code of the russian federation

easl

aviation code of the russian federation

easl

series editor marietta benkö

aviation code of the russian federation by heiko van schyndel

Aviation Code of the Russian Federation

Av iation Code of the Russian Federation

H e i k o va n S c h y n d e l ( E d . )

Second edition

Published, sold and distributed by Eleven International Publishing P.O. Box 85576 2508 CG The Hague The Netherlands Tel.: +31 70 33 070 33 Fax: +31 70 33 070 30 e-mail: [email protected] www.elevenpub.com Sold and distributed in USA and Canada International Specialized Book Services 920 NE 58th Avenue, Suite 300 Portland, OR 97213-3786, USA Tel.: 1-800-944-6190 (toll-free) Fax: +1 503 280-8832 [email protected] www.isbs.com Eleven International Publishing is an imprint of Boom uitgevers Den Haag.

ISBN 978-94-6236-433-2 ISBN 978-94-6274-088-4 (E-book) © 2015 Heiko van Schyndel | Eleven International Publishing Cover picture: © Alejandro Hernanández León, Flugzeugbilder.de/Planepictures.net This publication is protected by international copyright law. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher. Printed in The Netherlands

Table of Contents 1 1.1 1.1.1 1.1.1.1 1.1.1.2 1.1.1.3 1.1.1.3.1 1.1.1.3.2 1.1.1.4 1.1.1.5 1.2 1.2.1 1.2.2 1.2.2.1 1.2.2.2 1.2.2.3 1.2.3 1.2.3.1 1.2.3.2 1.2.3.2.1 1.2.3.2.2 1.2.3.2.3 1.2.3.2.4 1.2.3.2.5 1.2.3.2.6 1.2.4 1.2.4.1 1.2.4.2 1.2.4.3 1.2.5 1.2.5.1 1.2.5.2 1.2.5.3

The Genesis of the Code Historical Background The Definition of the Term “Aeroflot” The Former System Changes since the End of the 1980s Changes after the Dissolution of the Soviet Union Legal Succession with Regard to the Soviet Union Legal Succession with Regard to Aeroflot Other Carriers Airports Problems Encountered in the Drafting of a Russian Aviation Code Distinction between Private and Public Functions Distribution of Private Economic Functions Air Carriers Airports Maintenance Companies Distribution of Functions in Aviation Administration The Changed Role (“the Two Hands”) of the State Possibilities of Structural Adjustment Integration Models Separation Models Establishment of the FAS Federal Service of Air Transport of Russia State Civil Aviation Authority of the Ministry of Transport Federal Air Transport Agency (Rosaviatsia) Possibility of Transferring Responsibilities to Intergovernmental Institutions Supranational Organisation Common Institution in Connection with Delegation of Responsibilities or Transferring Sovereign Powers The Interstate Aviation Committee Legal Problems Concerning Liability Law Liability towards Parties not Involved in Air Traffic Liability from the Contract of Carriage Liability towards Persons Carried without Contract of Carriage

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1 1 1 1 2 3 4 5 5 6 6 7 9 9 10 12 14 14 14 14 15 17 18 18 18 19 19 20 20 22 23 24 25

Table of Contents

1.3 1.3.1 1.3.2 1.3.2.1 1.3.2.1.1 1.3.2.1.2 1.3.2.1.3 1.3.2.1.4 1.3.2.2 1.3.2.2.1 1.3.2.2.2 1.3.3 1.3.3.1 1.3.3.2 1.3.3.3 1.3.4 1.4 1.4.1 1.4.2 1.4.3 1.4.3.1 1.4.3.2 1.4.3.3 1.4.4 1.4.5 1.4.5.1 1.4.5.2 1.4.5.2.1 1.4.5.2.2 1.4.5.2.3 1.4.6

Drafting and Adoption of the New Code The Objectives of the New Code Consideration of the Draft against the Background of Legal Tradition in Continental Europe Vertical Integration General Principles of Public International Law The Constitution The Aviation Code Subordinated Regulations Horizontal Integration Other Laws Materially Relating to the Regulation of “Air Transport” Other Laws Which Do not Materially Relate to the Regulation of “Air Transport” The Influence of Market Economy Concepts Relationship Parliament/Administration Relationship Economy/Administration Corporatisation/Privatisation Adoption of the Aviation Code The New Code Distribution of Functions between Parliament and the Administration Distribution between Private and Public Functions Distribution of Private Sector Functions Airline Companies Airports Aircraft Maintenance Distribution of Functions within the Government Body Supervising Aviation Achievements and Shortcomings Achievements Shortcomings Registration of Aircraft Foreign Aircraft Flying in Russia Foreign Investment Conclusion

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26 26 27 27 28 28 30 30 30 30 31 31 31 32 32 34 35 35 36 38 38 38 38 39 39 39 40 40 40 40 41

Table of Contents

2 2.1 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 2.1.10 2.1.11

2.1.12

2.1.13 2.1.14 2.1.15 2.1.16 2.1.17 2.1.18

Subsequent Amendments to the 1997 Aviation Code and New Aviation Legislation Changes to the Aviation Code The 1999 Amendment Law: Prohibition to Strike for Air Traffic Controllers Amendment of August 2004: Editorial Amendments, Flight Accident Investigation – Obligation of Assistance Amendments of November 2004: Legal Basis of Charging Fees for Registration of Aircraft and Airports Amendments of March 2005: Aviation Security, Task of the Militia (Police) Amendment of July 2006 (1): Simplification of Provisions for General Aviation and on Certificates of Airworthiness Amendment of July 2006 (2): Foreign Nationals in the Flight Crew of RA-registered Aircraft Amendments of December 2006: Adjustment to New Border Control Procedures Amendments of June 2007: Adjustment of the Aviation Code to the Provisions of the Land Legislation Amendments of November 2007: Adjustment of the Aviation Code to the Provisions of the Licensing Law The Amendment Law of December 2007 (1): Acceptance of Electronic Documents of Carriage The Amendment Law of December 2007 (2): Obligation to Ensure Electronic Access to/Transmission of Data from the Computer Reservation System of the Carriers The Amendment Law of December 2007 (3): Advance Payment in Case of Injury to Persons and Increase of Insurance Sums for Passenger Liability The Amendment Law of December 2007 (4): Competences in Administration of Use of Airspace The Amendment Law of July 2008: Editorial Changes Amendments of July 2008: Restructuring and Redistribution of Competences of the Government and other Authorities The Amendment Law of December 2008: Editorial Changes The Amendment Law of July 2009: Changes Concerning the Signs Affixed on Aircraft The Amendment Law of July 2010: Modified Definition of “State Aviation”

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43 43 45 46 46 46 49 50 51 51 51 52

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53 55 55 56 56 56 56

Table of Contents

2.1.19 2.1.20 2.1.21 2.1.22 2.1.23 2.1.24 2.1.25 2.1.26 2.1.27 2.1.28 2.1.29 2.1.30 2.1.31 2.1.32 2.2 2.2.1 2.2.2 2.3

The Amendment Law of February 2011: Reform of Militia The Amendment Law of April 2011 (1): Charges for Flights of Aircraft of Armed Forces and Internal Troops The Amendment Law of April 2011 (2): Procedures on Personal Data of Aircraft Passengers Handling The Amendment Law of April 2011 (3): Tariffs and Charges in the Field of Civil Aviation The Amendment Law of July 2011: Strengthening the State Control (Supervision) The Amendment Law of November 2011: Roscosmos’ Flight Activities as Special-Purpose State Aviation The Amendment Law of December 2011: Customs Union Matters The Amendment Law of June 2012: Changes to Obligatory Civil Liability Insurance of Carriers The Amendment Law of July 2012: Implementation of International Standards in the Field of Public Oversight of Aviation Training The Amendment Law of December 2012: Introduction of a State Safety Management System The Amendment Law of June 2013: Air Travel of Persons with Reduced Mobility and People with Other Disabilities The Amendment Law of July 2013: Streamlining of Terminology with the Law on Education The Amendment Law of April 2014 (1): Foreigners as Crew Members of Russian Aircraft The Amendment Law of April 2014 (2): Conditions for the Reimbursement of the Amount Paid on the Contract for the Carriage by Air Other Aviation-Related Legislation Aviation Security – Shooting Down Aircraft Law “On the State Registration of Rights in Aircraft and Transactions therewith” Conclusion

Appendix Aviation Code of the Russian Federation

57 57 58 58 59 60 60 60 61 61 62 63 63 64 65 65 69 71 73

Appendix Воздушный Кодекс Российской Федерации

143

About the Author

229

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1

1

The Genesis of the Code

1.1

Historical Background

Russia and its predecessor, the Soviet Union, have a long tradition and experience in aviation. The immense size of the country, the infrastructure, the lack of alternative transport modes, the remoteness of some parts of the country and its role as a super power forced the country to develop and maintain an aviation sector. In a technical sense, aviation in the Soviet Union had a good safety standard and it has also always fulfilled its task of acting as a kind of political, economic and social glue for the country. The Soviet Union became a member of the ICAO on 14 November 1970 and, therefore, implemented the standards and recommendations agreed by the members of that organisation, although the Soviet Union exercised its right to announce to ICAO some differences between national Soviet and international standards (e.g. the use of the metric system). The break-up of the Soviet Union at the end of 1991 has affected its aviation structures: over 30 former area directorates of Aeroflot, and all those based in the newly established states, became independent entities virtually overnight. The breathtaking speed of events during this period could obviously not be matched by corresponding changes in the law and the legal framework. The Russian aviation industry, and in particular its representative “Aeroflot”, faced many problems which have not been overcome easily. Some of the most important issues will be discussed below.

1.1.1

The Definition of the Term “Aeroflot”

1.1.1.1 The Former System The former system of civil aviation in the Soviet Union corresponded to the general structure of the state economy. The state was the only “entrepreneur”, i.e. the state managed what would be considered “companies” from a market economy perspective. In that sense, the entire Soviet Union was basically one immense corporation divided in state structures. Thinking in market economy terms, it was therefore incorrect (at least in the area of economic activity) to call the appropriate structural units “administration” (in the sense of state administration). Individual decisions made by the state in this regard were thus not comparable to the term “administrative act” in the Western sense of the word, but were basically business, i.e. corporate decisions. The traditional administration activity of 1

This chapter is based on the materials prepared by Baum/Giemulla/van Schyndel for the EC/Tacis-financed projects “Perestroika for Aeroflot” and “Legal framework for Air Transport in Russia”.

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Aviation Code of the Russian Federation

licensing was limited to a registration process (of airports, aircraft etc.). “Permits” in the Western sense of the word were not required, since the basic precondition that a certain behaviour (doing business) is independent and therefore subject to control by the authorities did not exist. As a result, the privatisation of a certain branch of the economy was basically nothing else than the privatisation of one part of the state which again meant that the appropriate administrative body then often had to be newly founded. Civil aviation in the Soviet Union was structured as follows. The Soviet Ministry of Civil Aviation was geographically and functionally responsible for the entire civil aviation in the Soviet Union, despite the fact that the organisation was made up of more than 30 area directorates which only carried out their activities in their appropriate region on behalf of the central organisation. The directorates/the Ministry organised all functional areas of aviation, i.e. not only the part that would be considered “air carriers” from a market economy perspective. They also administered the airports and all other facilities and institutions related to aviation, such as maintenance, air traffic control etc. The term “Aeroflot” was therefore not a company name representing a legally independent economic entity, but rather a working term basically meaning “air fleet”. Thus, the terms “civil aviation” and “Aeroflot” were used as synonyms in Article 3 Paragraph 1 of the 1983 Aviation Code of the USSR.2 In order to facilitate international legal relations, this law awarded Aeroflot the status of a legal entity (only!) for international air traffic.3 The ensuing responsibilities were carried out by an agency located at the airport Moscow-Sheremetyevo: the “Aeroflot – Soviet Airlines Central Administration of International Air Traffic” (CUMVS-GA).4 The CUMVS was made up of many individual operations, such as the airport and air traffic control at the Moscow-Sheremetyevo airport, the maintenance operation and the air cargo complex. 1.1.1.2 Changes since the End of the 1980s The independence efforts within the Soviet Union were already expressed at the end of the 1980s, among others in ever increasing international activities of the regional operators, especially of those not located on Russian territory. For that reason, the USSR Council of Ministers approved the reorganisation of international activities of Aeroflot on 2 April 1988.

2

3 4

Article 3 Paragraph 1 of the Aviation Code of the USSR of 11 May 1983 (Vedomosti Verkhovnogo Sovieta SSSR, 1983, No. 20, Article 303): “Civil aviation, administered by the Ministry of Civil Aviation of the USSR – the Aeroflot, has a uniform flag and a uniform emblem as per the attached description.” Article 3 Paragraph 2: “Aeroflot shall act as a uniform and independent aviation operator who is a legal entity in international aviation.” Centralnoye upravleniye mezhdunarodnym vosdushnym soobchtcheniyem grazhdanskoy aviacii.

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The Genesis of the Code

As a result the “CUMVS Aeroflot – Soviet airlines” was now limited to international activities of the fleet stationed at Moscow-Sheremetyevo airport (at the time 90% of all international carriages). The remaining regional operations could now also fly internationally independent of the CUMVS, however, using the name “Aeroflot – Soviet Airlines”. The “Commercial Administration for Civil Aviation at the Ministry of Civil Aviation” (MKU GA pri MGA)5 was founded as a common umbrella organisation for commercial matters of the entire Soviet international aviation, including commercial administration, international clearing centre, and international representations. In 1991, the Supreme Soviet of the then still existing Soviet Union adopted a law transferring ownership of the Soviet Union to the appropriate Republic on the territory of which the respective item was normally located. With regard to aviation, all institutions and facilities as well as the aircraft became the property of the Republic in which such institution or facility was located or where the aircraft was mainly stationed. Such a step had already been taken at an earlier stage with regard to the Baltic States (Estonia, Latvia, Lithuania). In the course of this development, an increased tendency of the regional operators could be discerned not to be represented any longer by the “common umbrella organisation”, the Moscow based “Commercial Administration of Civil Aviation” (MKU), for all international activities. Due to the subsequent erosion of the umbrella function of the MKU, distributing the functions between the MKU and the only remaining flight operation at the Moscow-Sheremetyevo airport (CUMVS) more and more lost its purpose. In order to avoid the increasing overlapping of competences and to carry out these responsibilities together, these two entities founded the “Commercial Production Union (PKO) Aeroflot – Soviet Airlines” in June 1991. By ministerial decree of the Minister of Civil Aviation of the USSR of 20 July 1991, the PKO “Aeroflot – Soviet Airlines” was declared the legal successor of the CUMVS and has since acted as PKO “Aeroflot – Russian International Airlines”, the designated air carrier in accordance with the air service agreements of the USSR and later Russia. Furthermore, the PKO also carried out clearing functions for former regional operations that were authorised by the CUMVS to use the name “Aeroflot – Soviet Airlines” for international air traffic. 1.1.1.3 Changes after the Dissolution of the Soviet Union After the dissolution of the Soviet Union at the end of 1991, the monopolistic structures of civil aviation started to disintegrate. The reason for this is twofold: the aforementioned

5

Mezhdunarodnoye kommertcheskoye upravleniye grazhdanskoy aviacii pri Ministerstve grazhdanskoy aviacii.

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Aviation Code of the Russian Federation

dissolution of the Union itself, and the increased orientation of the Governments of both Russia and other CIS-states towards market economy/constitutional concepts. The dissolution of the Union resulted in two intertwined problems. On the one hand, the question arose which of the now independent states was the legal successor of the Soviet Union and therefore succeed the Soviet Union as a party to international agreements concluded by the Soviet Union (in this context the bilateral and multilateral aviation and air service agreements). On the other hand due to the newly found independence of the former Soviet Republics the “common umbrella organisation” of the Soviet international aviation, the “Commercial Administration of Civil Aviation” (MKU), lost its competence for the air carriers of the Independent States. The question arose whether the air carriers of the Independent States would be the legal successor of Aeroflot in their territory. 1.1.1.3.1 Legal Succession with Regard to the Soviet Union Despite President Yeltsin’s identity declaration, it was generally assumed that Russia was not identical to the Soviet Union, but one of its legal successors.6 In accordance with the dismemberment theory on which this view is based, the territory of a predecessor state is distributed among several successor states.7 This meant that the other CIS-states were also legal successors of the Soviet Union for their respective sovereign territories. However, the question of continued validity of international agreements could not be answered unanimously. The Vienna Convention on Succession of States in respect of Treaties of 23 August 1978 (which has not entered into force at that time) did not provide a satisfying answer either.8 For reasons of legal security the complete, automatic and continuous validity of Treaties of the “predecessor” is generally not assumed in international state practise. This also corresponds to the right to sovereignty of every newly established state. International agreements which ensure the uniformity and consistency of the international system shall, however, remain valid.9 Treaties of a particularly political nature or treaties which significantly have to do with the (changed) structure of the new state are excluded from this rule. Applying this rule to bilateral and multilateral aviation and air service agreements the question of continuous validity of e.g. the Warsaw Convention has to be answered in the

6

7 8

9

For example, see W. Seiffert, Die Fortgeltung der völkerrechtlichen Verträge und Gesetze der untergegangenen Sowjetunion in der Russischen Föderation, WiRO (Magazine – Economy and Law in Eastern Europe) 137 (1992). I. Seidl-Hohenveldern, Völkerrecht, 7th ed. (1992), marginal no. 1389. The state conference on state succession was called in Vienna by resolution of the UN General Assembly of 15 December 1975 (GA/Res/3496). The Vienna Convention on Succession of States in Respect of Treaties was adopted on 22 August 1978 and entered into force on 6 November 1996 (17 ILM 1488). G. Dahm, J. Delbrück, R. Wolfrum, Völkerrecht Vol. I/1, 2nd ed. (1989), at 158. Of course, this does not exclude termination under reference to the principle “clausula rebus sic stantibus”.

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The Genesis of the Code

negative for reasons of legal security and the interests as defined by the respective new state. Due to their international order function, air service agreements, on the other hand, should remain valid insofar as they are of geographical relevance to the respective new state. However, the situation is different for agreements which require compliance with concrete infrastructural requirements and standards (for example the Chicago Convention). Therefore, the following aspects especially had to be taken into account for a number of Independent States: – Due to the central administrative system, most of the aviation know-how was concentrated in Moscow. Therefore, there was a lack of expertise and thus (at least partially) a lack of functional aviation administration in some of the new capitals. – Most of the airports in the Independent States had only been part of the internal-Soviet traffic network until the collapse of the Soviet Union and could only be reached via the international hub in Moscow. The infrastructure and professional qualification of air traffic control staff did not always meet international standards. For reasons of legal security, it therefore had to be assumed that the new states should accede explicitly the multilateral agreements irrespective of any identity declaration and that bilateral agreements had to be renegotiated upon request of the contracting party. 1.1.1.3.2 Legal Succession with Regard to Aeroflot With regard to Aeroflot, the term “legal succession” was only relevant for international traffic since it was only in this context that it had the status of a legal entity and the regional operations were already independent anyhow. By decree of the Russian government of 28 July 1992, the name “Aeroflot – Soviet Airlines” was changed to “Aeroflot – Russian International Airlines” for Russian international traffic. This made it clear to the outside world that (initially) only the carrier located at Moscow-Sheremetyevo airport is the national carrier of the new Russia. 1.1.1.4 Other Carriers After the dissolution of the USSR, over 300 other carriers were registered in Russia within months. Some of them became increasingly well known in the world of aviation (TRANSAERO, ALAK, Orelavia). TRANSAERO, for example, has a high reputation as an operator of domestic and international routes. Without in any way wishing to cast doubt on the quality of the staff and the reliability of these airlines and their aircraft, it must be said that in the first period of its existence the newly established Russian aviation administration did not take into consideration the “financial fitness” of a carrier (as defined in the EC Council Regulation No. 2407/92 of 23 July 1992 on licensing of air carriers,10 10 OJ No. L 240 of 24 August 1992, p. 1.

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Aviation Code of the Russian Federation

which was effective at that time already) when granting a licence. It is impossible to estimate how many of these airlines would not have been licensed if that had been the case. For both the new airlines as well as the regional operators who wanted to carry out international flights, the problem was that “Aeroflot” was the only airline mentioned as the only designated carrier in the more than 100 bilateral air service agreements concluded by the Soviet Union. Although Russia quickly began to renegotiate the bilateral contracts to allow for multiple designation, many of the old agreements remained in force unchanged. New airlines could often only undertake scheduled international flights under the name of Aeroflot. To this end “Aeroflot – Russian International Airlines” entered into (commercial) contracts with some of the new airlines to allow the use of its name. It was clear that this arrangement would create many problems. There is no need to stress that this could have been a temporary solution only, since the above practise was incompatible with the bilateral agreements. Provided that both “Aeroflot – Russian International Airlines” and the other companies were part of or owned by the same state administration, this solution could be acceptable. The more these organisations gained independence – even if it was only legal independence – the more change became necessary. It was reasonable to expect that a contract of carriage by air would be fulfilled by the designated carrier and not by another party outside the sphere of influence of the designated carrier. 1.1.1.5 Airports The powerful Ministry of Civil Aviation of the USSR and its over 30 area directorates was the only appropriate body to handle all aspects of civil aviation in the USSR. This concerned not only the organisation and the performance of flights but also the running of the airports, the handling of passengers, cargo and aircraft, maintenance, air traffic control, and so on. The changes in the late 1980s and early 1990s had tremendous consequences for the identities of these new “airlines” and airports. Former domestic flights between countries of the former Soviet Union became international – and the same was true for a number of airports. Some of these airports have been opened to the West or to the Far East. Also, the aircraft serving these new routes operated international flights. Consequently, this meant that the ICAO rules also became applicable to these entities.

1.2

Problems Encountered in the Drafting of a Russian Aviation Code

In the early 1990s, aviation in the former Soviet Union shared the fate of this state: it had broken into smaller units. The situation of aviation in the former Soviet Union was also characterised by the transition from the period of the old structures falling apart to the new structures that were initially only slowly and vaguely emerging. The product of the break-up, the smaller unit, could insofar be the seed for the new, the market economy

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The Genesis of the Code

system. However, there were many problems for which a solution had to be found. Essentially, the problems concerned: – the distinction between private and public functions; – the distribution of private sector functions in aviation (i.e. flight operations, airports, maintenance); – the distribution of functions within the government bodies supervising aviation; – the possibility of delegating functions to intergovernmental institutions; – the distribution of liability, in particular the limits of liability and the rules concerning proof of discharge.

1.2.1

Distinction between Private and Public Functions

The delegation of responsibilities as it is done in a market economy-oriented legal system provides for a distinction between administrative powers (state administration) and operational activities (private enterprise). The distinction between government and private enterprise does not exclude the possibility that the state holds an interest in privatised companies providing and guaranteeing air transportation; in some cases it must do so. The benefit of a private sector organisation is that it is more flexible with regard to the process of decision-making than a governmental organisation. Furthermore, the employees of a private sector organisation are for many reasons more motivated than public employees. This is because the internal structure of a private sector business is less hierarchical and because professional development within it depends above all on the personal achievements of the individual employee. This is a reason why the state – from time to time – should provide its services within the structure of a private sector enterprise. This especially applies to airports, which are, after all, only service providers. It was a common understanding that a phenomenon as complex as aviation with its tremendous importance for the Russian economy cannot be left completely to market forces, at least not suddenly. Too many factors played a role which made state influence necessary to a certain extent, at least for a while, e.g.: – Aviation in the former Soviet Union and in Russia has common economic obligations in the medium term, due to the geographical dimensions and the shape and structure of the other transport modes. A certain degree of regulation and even support in favour of remote areas, as maintained in Europe and the United States for decades, appeared to be necessary for an undefined period of time. – Aviation is – as everyone knows – a very capital intensive enterprise. This was in particular true for the former Soviet Union with its relatively old equipment. In order to avoid investments being made exclusively by Western sources the state had to make

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Aviation Code of the Russian Federation

funding available itself due to the lack of Russian private capital. Aviation in Russia still has, as in many other countries, the function of representing the state. Russian aviation policy will, therefore, attempt to ensure that Russian carriers can survive the competition with foreign companies. – Aviation in the former Soviet Union could not realistically withdraw completely from the influence of the military. As there has been a long tradition of military influence, including close personal ties, it cannot be changed immediately without clearly defining the distribution of functions between civil and military bodies. To the Western eye, at least some of these aspects must look familiar. In Germany, for example, the major airports are mostly 100% publicly owned. European liberalisation was only initiated about 35 years ago. The American deregulation is not much older. Although there is a call for further deregulation of aviation in the West, this does not mean that the same holds true for states that have a completely different tradition and, due to their immense size and dilapidated infrastructure, are much more dependent on nationwide aviation than, for example, Western Europe. In this context, the aspects mentioned may serve as proof of the fact that aviation in Russia could not exclusively be restructured following market economy rules. Rather, the state had to outline the structure in aviation law and aviation policies in which the newly established units could find their place. Complete integration of the operational units into the state administration that characterised the Soviet system had to be prevented. This enabled greater flexibility in operational decisions on the one hand, and opening up the (privatised/corporatised11) enterprise to foreign investors on the other hand. The operational companies, however, had to guarantee that they would be able to fulfil the responsibilities they had claimed. This was of special importance in the area of aviation due to the high safety requirements. Therefore, state authorisation was required for these companies (this is a reversal of the principle of economic freedom). The requirements for these authorisations had to be strict. Especially the requirement of “economic performance/financial fitness” would ensure that the companies were really able to meet their safety obligations. The Russian certification regulations adopted after the end of the command economy did, however, not yet include such a provision.12 11 “Corporatised” refers to the transformation of a company into a partnership or stock corporation (Ltd., plc., etc.) whose shares (predominantly) continue to be held by the state. 12 Directive of the Minister of Transport No. 106 of 10 December 1992 “Certification of Air Transportation Operators in the Russian Federation Manual”. The air carriers’ Mandatory Certification of Air Transportation Operators in the Russian Federation Manual according to the ICAO standards includes special provisions that govern the procedures for certification. These procedures are applicable regardless of ownership of the air carrier – private or state. The procedures for certification include the following: (a) all aircraft must be registered, (b) airlines must have required documentation, and (c) airlines must prove themselves capable

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The Genesis of the Code

However, it had to be included when editing the appropriate regulation, not only because of the political intention to follow the West, especially the EEC/EC/EU licensing system.13 The possibility of revoking licences or cancelling them from a register – also due to lack of financial fitness – means that it can be ensured that the affected company will cease operation in case the requirements are no longer met. After an initially almost uncontrollable increase in the number of airlines in Russia, the newly established Department of Air Transport increasingly started reviewing the airlines operating in Russia on this basis. One of the main criteria for such reviews was that the technical safety standards are guaranteed.

1.2.2

Distribution of Private Economic Functions

The operational tasks were to be assigned to private sector companies or companies organised privately (i.e. organisationally privatised, according to Russian terminology: corporatised companies). Even within the operational tasks the distribution of the functions and functional executives which had so far not been separated was necessary. For Russia, this initially meant the distribution of functions to the air carriers and airports as well as the technical maintenance organisations. 1.2.2.1 Air Carriers Russia initially maintained the distinction between scheduled and charter traffic as it was (still) common at the time in Western Europe. As a consequence tariffs and capacities in international traffic could be influenced. This meant that, in combination with an appropriate wording of the air service agreements, a certain kind of protection could be granted to the not (yet) fully competitive, newly established air carriers. At the time, this was still an important responsibility of the Russian state. The transition to a market economy could not happen overnight. A certain degree of regulation as had been present in the USA and Western Europe for several decades therefore initially appeared to be necessary.

of performing safely in accordance with Russian Federation requirements. An operating certificate is issued after an airline meets the basic conditions under the Mandatory Certification Transportation Operators Manual, submits all documentation for review, and is approved by a special commission headed by the First Deputy Director of Department of Air Transport. The certificate is valid for one year for international service and two years for domestic service. A domestic airline can enter into international operations after it has one year of experience operating domestically and passes a special evaluation. 13 Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing of air carrier (OJ No. L 240 of 24 August 1992, p. 1).

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1.2.2.2 Airports When introducing a market economy in aviation, airports do not necessarily have to be privatised. It is a well-known fact that infrastructure elements of other modes of transport (roads, waterways and railways) are also often owned by the state. Although airports are service enterprises it is important to secure that there is open access to the airport for anybody who observes the rules for the use of the airport. This can be achieved if the state keeps a majority stake in the airport companies, so that the airport becomes a “public institution”. Public institutions are bound to observe the constitutional principle of equal treatment. In other words, although the state ought to provide its services within the structure of a private enterprise for reasons outlined above, it should not thus be allowed to avoid its constitutional obligations. The following principles were of significance with regard to the structures that were newly established in Russia: In case of a private sector solution, a licence is required that can only be issued after having heard the affected members of the public. If, on the other hand, the airport is operated as a public institution, registration is sufficient; however, such registration should be subject to the same requirements as licences. It should be pointed out that a company operating an airport (notwithstanding its organisational form) must be required to operate the licensed/registered airport to the full extent to which its licence/registration was granted. This means that such a company does not have the discretionary power whether or not to use its licence/registration. This provision shows the character of the airport as a public institution. It should be noted that it is quite acceptable for a private individual or company to hold shares in an airport company. However, the majority stake must remain in the hands of the state, otherwise the airport will lose its status as a public institution and will no longer be bound to observe the constitutional principle of equal treatment. In theory, of course, an airport company could be controlled entirely by private investors if the company is bound by law to observe that principle. It should be noted, however, that difficulties might arise in connection with the enforcement of the equal treatment principle. Furthermore, it must be taken into consideration that airports require an exceptional operational effort to be functional. For that reason, private management (i.e. also a private form of organisation) can be a sensible solution. With regard to the airports in Russia, the Russian Government therefore legitimately decided for a so-called “corporatisation”14 with shares exclusively or predominantly being held by the state. The stake held by the state could have been federally as well as regionally or municipally owned.

14 Transformation of a company into a partnership or stock corporation (Ltd., plc., etc.) whose shares (predominantly) continue to be held by the state.

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Excursus: Distribution of Duties and Assets between Airlines and Airports under the Russian Law of the Early 1990s On this basis, the Russian privatisation authority (GKI15) and the Ministry of Transport had developed and implemented the “Special Conditions for Corporatisation and Privatisation of Airports”. In an annex to the Special Conditions, the “Main Principles of separating independent airports from the air transport enterprises” were defined. The “Special Conditions” provided that the following would not form part of an airport’s share capital: equipment, assets, property of the air traffic control centres; facilities and systems structures, flight radio-technical maintenance and communication (except internal airport communication and computers); Class A, B, C, D, and E airports serving federal needs; take-off, landing, taxi, side-by and terminal safety runways, aircraft parking sites and aprons; airport fences; radio and lighting equipment facilities; and ATC energy supply systems and airport communication systems. These facilities and structures (with the exception of air traffic control structures and facilities) should be leased by established joint stock companies on a long-term basis of between ten and fifty years.16 According to the “Main Principles” the duties of the enterprises have to be distributed as follows: 1. An airline is an integrated flight technical and commercial facility, designed to transport passengers, cargo and post by air. Using its own or leased aircraft fleet while making available and selling these respective services, the airline undertakes duties in the interests of the national economy. An airline must typically include the following structural units of the air transport enterprise: flight detachments, aviation technical base, flight attendant services, air communication agency, and parts of the personnel responsible for commercial, supply and other functions. An airline may rent or have in the airport interdependent systems for preparation of meals, passenger service, cargo and post processing, and may own or rent facilities, buildings and equipment necessary to carry out these activities. It may use its own personnel at registration counters, arrival and departures assistance for its flights and other interdependent systems and facilities. The relevant technological equipment of an airport is rented by the airline. (Other enterprise services, as a rule, are included in the airport structure.) 2. An airport is an integrated engineering and commercial facility, intended for the arrival and departure of aircraft and for serving air transport. To this end, it provides for the use of the airfield and airport buildings, refuelling and storage facilities and maintenance 15 Goskomimuchtchestvo (State Property Committee). 16 Several enterprises and units of the aviation industry were not subject to privatisation or capitalisation, for instance, systems and means of Air Traffic Control of airports and aviation enterprises, connected with the unified system of ATC of lower and upper airspace, Independent Civil Aviation Unit (Moscow), and Meteorological centres and flight testing stations, including the meteorological centre of the “Sibavia” concern.

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of technical facilities such as heating, electricity, transportation and communications. It is responsible for the arrival and departure of aircraft and their technical and commercial servicing, passenger care, air traffic control within the airport vicinity, leasing of, and the granting of concessions for, facilities, buildings and equipment. The “Main Principles” stipulated that the assets of the two entities also had to be divided. 1. Aircraft, aviation engines, spare parts and materials for them, facilities, buildings, structures, special transport and equipment, designated exclusively for operation of aircraft belonging to airlines have to be allotted to the airline. 2. The remaining equipment was to be allotted to the airport. Assets on a clearing account, stocks, payments, debits and credits, loans, bank deposits and the authorised capital of joint stock companies were apportioned between the airline and the airport. Assets to pay salaries, to encourage employee activity and fund social requirements, were apportioned proportionately to the number of employees (basic salaries fund) and the remaining assets, intended for production modernisation, as well as various long-term investments were apportioned proportionately to the value of capital funds. 1. The airline was allotted the territories of a hangar and related structures and sites for servicing aircraft near the hangar, buildings occupied or used primarily by airline personnel, and adjoining areas with site-security procedures carried out. 2. The remaining territory, used by the aviation enterprise, was included in the airport’s land plot, accounting for the perspectives development. The airport has had to provide land, buildings, equipment and services to the airlines on an equal access basis. Prerequisites for the mandatory separation of independent airports from the air transport enterprises are defined in the “Main Principles”. The airport must be capable of taking in class 1 and class 2 aircraft17 and handling over a half million people annually (as of 1991). The selection of all other airports as independent enterprises took place prior to holding an auction based on the request of the aviation, airport or flight technical employees after a decision of GCI at the suggestion of the Ministry of Transport.18 1.2.2.3 Maintenance Companies The maintenance organisations were organised privately since they provided concrete services to concrete partners. They are financed by private fees. Private independence of 17 First-class aircraft are characterised as having a take-off weight of more than 75 tonnes (IL- 96, IL-86, IL76, TU-154); second-class aircraft have a take-off weight between 30 and 75 tonnes (TU-134, AN-12, YAK42). 18 Airports are privatised only by the way of their conversion into unlimited liability joint stock companies (see Article 12 of the Law of the RSFSR “On Businesses and Entrepreneurial Activity”).

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the maintenance organisations and integration into a privately organised air carrier are both possible. In accordance with the “Main Principles of Separating Independent Airports from the Air Transport Enterprises” mentioned above, the technical maintenance bases remained integrated in the air carriers. Upon the proposal by the Ministry of Transport (Department of Air Transport) of the Russian Federation, individual departments of the formerly uniform air carriers, including the technical maintenance bases, could be changed into open stock corporations. In cases where the technical maintenance base had more than one air carrier as a contracting partner and the share of the other air carrier(s) in the turnover of the technical maintenance base was not relatively small, application of this regulation to this part of the air carriers was also to be considered. This was partially a consequence of the necessity to prevent unfair competition and discrimination of competitors of the “in-house airline”. The manual “On the Licensing Procedures of Air Traffic Operators in the Russian Federation” also specifically allowed for the existence of technical maintenance companies outside the air carriers. Points 6.1.2 and 6.1.3 of this manual provided: The submitter of an application for an operating for an aircraft of a certain type (certain types) must provide evidence on the capability of completing the technical service with their own means or in an organisation (in organisations) for the technical services and repairs for the appropriate type of aircraft and the necessary types of work in accordance with the requirements and procedures defined by the Authorised Body of civil aviation. The submitter of the application must guarantee technical service and must have their own organisation for technical service at their disposition or partially or completely assign an organisation which is not part of the structure of the submitter of the application to do so by contract. The latter shall be subject to such organisation being recognised and confirmed as a competent organisation for completing the concrete type of assigned tasks by the Authorised Body of civil aviation. There is another reason why the spin-off of maintenance organisations from the air carrier can be appropriate. It makes sense to grant such organisations governmental powers with regard to the acceptance of various regular inspections. This way, the expertise of the staff of the maintenance organisations can be used while at the same time relieving the state. However, if such companies are to fully complete these functions, they have to work independently of the economic contemplations and obligations of the airline. Safety control

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must not be influenced by unprofessional contemplations. However, this appears to be jeopardised when the maintenance organisation is subordinate to the airline.

1.2.3

Distribution of Functions in Aviation Administration

1.2.3.1 The Changed Role (“the Two Hands”) of the State The formal splitting of the entities performing flights (Aeroflot, flight departments, flight brigades) from the state had consequences for the aviation administration. As a first step, the Ministry for Civil Aviation (MGA19) became the “Department for Air Transport” (DVT20) within the newly established Ministry of Transport of the Russian Federation. The reorganisation of aviation administration was a consequence of the fact that the structure of aviation administration, if it was to remain effective, had to meet the changing legal and actual basic requirements that were especially characterised by the changing role of the state on the one hand and, as described above, by the distribution of functions in the operational area (companies) on the other hand. Unlike in a command economy, the state no longer solely made every legal, political and economic decision. With independent (partially private) entities emerging outside the state administration and individual economic decisions assigned to such entities, the state basically only retained monitoring and control functions. On the one hand, the companies were operating on the legal basis established by Parliament and implemented by the administration, on the other hand the state shaped the scope of operations of the companies on this basis through regulations and planning. These “two hands of the state” enable and at the same time limit corporate decisions. In (aviation) administration planning/conceptual/political frameworking and technical/safety-related law enforcement are functions which are in general organised separately. 1.2.3.2

Possibilities of Structural Adjustment

1.2.3.2.1 Integration Models The structure that was initially selected was the simplest form of integration. The existing ministries of the several transport modes (until 2004 except the Ministry of Railways) were declared departments in the newly established Ministry of Transport without dissociating their political functions. Since ministerial structures – superior to these departments – were established at the same time, double and overlapping competences were the logical consequence. The dynamic of the essentially retained old structures was so great that the

19 Ministerstvo grazhdanskoy aviacii. 20 Departament vozdushnovo transporta.

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“thin mist” of the Ministry that had been imposed, did not effectively influence them in the long term. A solution was found in turning the departments of the Deputy Ministers into two or three departments of a general nature. There were two options for the reallocation of functions of the departments. The first option was to let the departments work side by side with and have equal status as the two to three directorates-general (also headed by a Deputy Minister). The political tasks assigned to the departments would be transferred to the directorates-general. The disadvantage of this solution was that the principle departments would be overburdened with regard to both quantity and quality since they would have to be responsible for the political matters of all departments. The second option was that the general matters dealt with by the departments were to be assigned to specialised departments within the “central apparatus” of the Ministry which should be newly established and which were at the same hierarchical level as the directorates-general. Departments dealing with technical functions are hierarchically lower than the specialised departments. The disadvantage of this solution was that the result would not change in comparison to the former situation since the two administrative units (specialised department and Department) are part of the same administrative body (Ministry), and the change of organisation was a pure formality. 1.2.3.2.2 Separation Models One possible solution for separation was a committee where the Departments would have been changed back into independent Ministries and a State Committee would have been formed to find solutions for common, comprehensive questions. The head of such a Committee would have the position of a Minister. The disadvantage of this model was that the head of the Committee would not have had any authority to issue instructions to the Ministries or their subordinate units, in which case disputes about competences could not be prevented. The other option was to use the model of one superior authority, characterised by the following aspects. The Departments would be dissociated from the Ministries, i.e. they would become independent authorities. Their tasks would be reduced to purely technical matters. Such authorities would be managed by directors appointed by the Minister. The same applied to the tasks of aviation security. All non-technical responsibilities would be allocated to the Ministry and would then be transferred internally to specialised departments who would be on the same hierarchical level as the (two to three) directorates-general. They would be headed by Deputy Ministers.

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These specialised departments would supervise the appropriate Department for the Minister. This model can be found in many countries (for example the USA or Germany). The establishment of aviation administration is characterised by the existence and the cooperation between a supervisory authority (highest authority/Ministry) and executing authorities (technical authorities). The highest authority should be responsible for finding solutions to political questions (e.g. development of an aviation or airport concept) and supervision of subordinate technical authorities. The technical responsibilities carried out by the latter especially include air traffic control and licensing. These technical tasks could again be separated both with regard to the subject matter and the location. Due to the immense geographical size of the Russian Federation, the question had to be answered whether it would be sensible to let one central authority carry out all technical tasks or whether the distribution of technical tasks at the local level was possible and necessary. Without the establishment of branch offices, the organisational requirements involved would be too great to carry out effective control. For tasks whose nature allows them to be divided, regionalisation would therefore have been an option to be considered. For example, licensing of airports (at least the smaller ones) or of pilots (at least private pilots and possibly also certain professional pilots) could possibly have been carried out more effectively by regional, independent authorities which again of course would have had to be monitored by a main central authority. The need for better local possibilities of assessment and action does not have to be the only reason for dividing areas of responsibility between various authorities. Objective distribution of tasks should also be practised. For example, the type and the extent of air traffic control tasks depend on the circumstances at the individual airport and on the role that the airport is to play in the traffic concept as a whole. For example, it had to be considered whether the air traffic control organisation at the international passenger airports should not be completely separated from air traffic control at other airports (regional, sports and/or agricultural airports). The former should form a uniform state service or a service organised in the private sector but owned by the state, while air traffic control at the other airports could also be assigned to the operators of such airports. For Russia, the establishment of the Ministry would have the following consequences. The Ministry would be headed by the Minister who would have direct authority to issue instructions to all staff of the Ministry as well as to the heads of the subordinate authorities. The Minister would receive the support of ministerial staff of no more than two to three people per technical area for carrying out his daily work. The Council would serve as advisor to the Minister and would consist of the First Deputy Minister and all Deputy Ministers plus the heads of the “economy” and “adminis-

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tration and personnel” departments. The First Deputy Minister would be directly below the Minister in the hierarchy and would have the following responsibilities: – General representation of the Minister in his absence. – Head of the directorate-general as well as direct supervisor of the heads of the “economy” and “administration and personnel” departments (neither of these departments has any subordinate bodies). – Like the Minister, he would (in agreement with the Minister) have authority to issue instructions to all staff of the Ministry as well as to the heads of the subordinate authorities. The Deputy Ministers would head the specialised departments (e.g. aviation department). This is where the political, i.e. non-technical questions concerning one specialist area such as aviation policy, entry authorisations etc. would be concentrated. Furthermore the specialised department would directly supervise the authorities subordinate to the Ministry. The superior authorities in the area of aviation as authorities subordinate to the Ministry would have been the following in Russia: – The Federal Aviation Authority which completes the technical tasks of the department, – The Federal Air Traffic Control Service (ROSAERONAVIGACIA). In addition, the following lower authorities/regional authorities could have been established: – Regional bodies that would have been subordinate to both the Ministry (department of aviation) with regard to aviation policy issues and the Federal Aviation Authority with regard to the technical tasks. The heads of the regional bodies thereby would have had political and technical responsibilities which would internally have been carried out by separate institutions. – Regional air traffic control bodies which would have been subordinate to the Federal Air Traffic Control Service. 1.2.3.2.3 Establishment of the FAS In accordance with the separation model, the Department was transformed into a legally independent state body, the “Federal Aviation Authority” (FAS21) headed by a director. The responsibilities for the several administrative tasks regarding aviation were defined by the Decree of the President of the Russian Federation No. 382 of 15 March 1996 “On Perfecting the System of State Control of the Transportation Complex in the Russian Federation” and the “Regulations on the Federal Aviation Authority of Russia”, approved by Governmental Decree No. 994 of 13 August 1996.

21 Federalnaya aviacionnaya sluzhba.

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1.2.3.2.4 Federal Service of Air Transport of Russia According to the Decree of the President of the Russian Federation of 25 May 1999 “On the structure of the federal bodies of executive power”, the FAS was reorganised into the Federal Service of Air Transport of Russia.22 1.2.3.2.5 State Civil Aviation Authority of the Ministry of Transport Pursuant to the Decision of the Government No. 1038 of December 2000, the State Civil Aviation Authority of the Ministry of Transport23 was established as the specially authorised body in the field of Civil Aviation. Different from its predecessors, it formed a part of the Ministry of Transport and had no status of a legal person. 1.2.3.2.6 Federal Air Transport Agency (Rosaviatsia) Finally, according to the Decree of the President of the Russian Federation of 9 March 2004 No. 314 “On the system and the structure of the federal bodies of executive power” providing the framework of a reiterated administrative reform, the Federal Air Transport Agency24 (Rosaviatsia) was established. Rosaviatsia is part of the Russian government structure on the level of the Federation. It hardly may be called the successor of the State Civil Aviation Authority of the Ministry of Transport as the functions of the latter were dedicated to three different bodies: Rosaviatsia, the Federal Service on the oversight in the transport sector (Rostransnadzor) and the Ministry of Transport. The main functions of Rosaviatsia are: – the organisation of the execution of federal programmes and federal investment programmes in the field of civil aviation; – the provision of public services of public importance to legal and natural persons, in order to: – implement measures to ensure the execution of international and domestic flights; – implement measures aimed at ensuring the protection of the transport infrastructure and aircraft against acts of unlawful interference; – issuance of individual legal acts on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulations and orders of the President of the Russian Federation, the Government of the Russian Federation and the Ministry of Transport of the Russian Federation (including but not limited to licensing and certification).

22 Federalnaya sluzhba vozdushnovo transporta Rosii. 23 Gosudarstvennaya sluzhba grazhdanskoy aviacii Rossiyskoy Federacii. 24 Federalnoye agenstvo vozdushnovo transporta.

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Furthermore, Rosaviatsia shall in the frame of and in compliance with federal laws and acts of the President of the Russian Federation and of the Government of the Russian Federation exercise the powers of the owner in respect of the federal property transferred to federal state-owned enterprises and state institutions subordinated to the Agency.25

1.2.4

Possibility of Transferring Responsibilities to Intergovernmental Institutions

The question of transferring responsibilities to intergovernmental institutions is connected to the need to complete tasks as effective and professional as possible. Such a need can also lead to a comprehensive execution of tasks, instead of regionalisation. Which individual responsibilities could be affected by this is also a question of political assessment and realisation possibility. Looking at the subject matter, especially the organisation of air traffic control at the international passenger airports would be a possibility. This was exactly what the national structure of the region of the former Soviet Union seemed to require. On the one hand the sovereignty of the respective Republics has been the distinguishing factor. On the other hand the tasks which had to be defined had to be safeguarded by a superior (national) entity. The protection of many tasks at a higher level was exactly what needed to be considered in relation to air transport. This was on account of the naturally extensive character of aviation. This certainly applied to Russia’s air traffic control and probably also to licensing of air transport appliances, airline personnel and also airports. The foundation of the Committee for Air Transport Matters by the Prime Ministers of the Commonwealth of Independent States in November 1991 in Alma Ata was a step in this direction. The Committee had to ensure that the tasks, which the Republics had agreed to entrust to it, were formulated in a legally binding manner. According to the understanding of law in continental Europe, the transformation of these agreements into the domestic law of the Republics is to be carried out by Law. In terms of organisation, the following models were possible for such superior structures. 1.2.4.1 Supranational Organisation This form of organisation would mean that the involved states would grant sovereign powers to the institution for executing the appropriate task. The states would then no longer be able to execute this part of their sovereign powers independently. The organisation itself would exercise these sovereign powers as its own. The European organisation for the 25 Decision of the Government of the Russian Federation No. 172 of 6 April 2004 “Questions on the Federal Air Transport Agency”.

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safety of air navigation EUROCONTROL was organised in this manner in the first 21 years after its establishment in 1960.26 From the very beginning, it was questionable whether this model would have a chance of realisation in the long term due to the strong sovereign identity of the Independent States on the territory of the former USSR, which is why this option was not seriously pursued. 1.2.4.2

Common Institution in Connection with Delegation of Responsibilities or Transferring Sovereign Powers This form of organisation means that the common institution does not exercise its own, but rather foreign sovereign powers on behalf of the states involved. In case of public organisations the transfer of responsibilities is delegated to the institutions, whereas the institution acts as a so-called company fulfilling official functions in case of private organisations. The form of private organisation has the advantage that it is the one least connected to the state and therefore makes the least impression of a central state entity. On the other hand, in accordance with Western legal understanding, only administrative powers, but no legislative powers can be transferred to such an institution. However, special legal norms are very common in air traffic, e.g. for implementing the standards (and recommendations) of the Annexes to the Chicago Convention. Since a common administration requires common legal norms, an additional “Council of Ministers” would have to be established where these questions can be discussed and their implementation can be bindingly adopted. 1.2.4.3 The Interstate Aviation Committee The Interstate Aviation Committee (MAK27) was formed on 6 December 1991 and is located in Moscow. Its role was intended as a coordinating body for civil aviation in the former Soviet Republics. According to a Presidential Decree of 5 May 1992 and a Russian Prime Minister Decree of 23 April 1994, the overall authority for several functions had been delegated to MAK, including aircraft certification and civil aircraft accident investi-

26 In connection with the increase in air traffic, Belgium, the Netherlands, Luxemburg, and the Federal Republic of Germany came to the conclusion that regulations on Air Traffic Control matters that are limited to one country do not meet the requirements of the time. Therefore, these countries declared their willingness to establish a European organisation of air traffic control for the upper air space. On 15 December 1960 the international agreement on cooperation in air traffic control was concluded in Brussels. The agreement was initially signed by the Federal Republic of Germany, Belgium, France, Luxemburg, the Netherlands and Great Britain; Ireland joined at a later stage. With this agreement, which entered into force on 1 March 1963, the signatories of the treaty agreed on transferring certain sovereign rights (authorities) in the area of executing air traffic control over their respective territory to an international organisation, which was called EUROCONTROL. 27 Mezhgosudarstvenniy Aviacionniy Komitet – MAK.

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gation in Russia. MAK’s authority also included production certification and airport certification. MAK is the permanent executive body of the “Aviation and Air Space Use Council”. It was founded in accordance with agreements between the majority of the republics of the former USSR with the purpose of coordinating air traffic and introducing unified operation rules and procedures and providing for flight safety. The main objectives are: – Coordination in the use of airspace and air traffic control; – Certification of aircraft and aircraft manufacturing, international and category airports and its equipment; – Investigation of flight accidents; – Providing the unification of aviation rules on organisation and operation of flights; – Working out the interstate air transport concept; and – Coordinating of the development and the implementation of interstate research and technical programmes. MAK has a number of commissions and subcommittees of equal standing. The MAK includes the following permanently action bodies: – Aviation Register – Commission on certification and aviation rules; – Commission on air transport, aviation standards and certification; – Commission on coordinating airspace and air traffic control; – External economic relations department; – Scientific-technical department. The Aviation Register is responsible for aircraft certification. The Chairman of MAK approved the mission of the Aviation Register on 20 February 1992. The Aviation Register is responsible for organising regulations concerning continuing airworthiness standards and rules for type/production certification; issuing noise and emission, production, and airport certificates; and providing control of the implementation of regulations, together with the aviation authorities of the MAK member states. The Aviation Register is a small, supervisory organisation relying heavily on expertise in the manufacturer’s design bureaus and government research institutes, especially Moscow based GosNIIGA. Funding for the Aviation Register is provided by its users: the design bureaus and manufacturers. The CIS “Agreement on Civil Aviation and the Use of Airspace” stated in Articles 7, 9 and 10, that MAK has functions approved by the CIS and the authority to carry out accident investigations according to the laws of the CIS members. The initial role of MAK regarding accident investigations for the CIS involved the leadership of international accident investigations. That is, investigations of accidents involving one or more state(s), including the newly formed CIS. Domestic accidents were not addressed by the formation

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of MAK. The accident investigation operations of MAK are funded by the various member states, approximately 70% by Russia and 30% by the other Commonwealth states. The Russian Department of Air Transport (DAT) also had an accident investigation and accident prevention organisation (Safety Inspectorate). Because of overlapping responsibilities, conflicts occurred between MAK and DAT regarding the issues of the overall leadership role for international accidents. For example, in certain cases, both MAK and DAT officials stated that they were in charge of the investigations involving Russian interests. In April 1994 the roles and responsibilities of MAK and DAT regarding such investigations were clarified. Since then, MAK has been able to fulfil its mandate regarding accident investigation. Therefore, MAK executes as the function of aircraft certification as well as the function of accident investigation. This may be problematic, as it could infringe the “independence” of the investigation from aviation authorities responsible for airworthiness, flight operations, licensing, air traffic control, and airport operations which aims at avoidance of real or perceived conflicts of interest and enhancing the credibility of the accident investigation. MAK is staffed by several senior accident investigation officials and technical specialists who evaluate and analyse flight data recorders (FDRs), cockpit voice recorders (CVRs), etc. MAK is responsible for maintaining accident statistics for the CIS. No regional offices of MAK were set up, although MAK maintains close relationships with many of the former regional regulatory and flight standards organisations and personnel. MAK also has close relationships with accident investigation authorities from many other states. It has observer status for many International Civil Aviation Organization (ICAO) accident investigation matters.

1.2.5

Legal Problems Concerning Liability Law

According to the 1983 USSR Aviation Code, liability was unlimited. The new Aviation Code had to provide for limited liability – following the pattern of the Warsaw Convention.28 This also became necessary because the country was opening up to international traffic. If, for example, an American businessman takes a domestic flight within Russia and an accident occurs, the aviation company would have had to pay him or his dependants millions of dollars in compensation. It was one of the principles underlying the Warsaw system, that a young and developing aviation industry should be protected against the danger of being wiped out by oppressive compensation claims. A similar situation existed in Russia, where limited liability had to be introduced for the same reasons. According to Article 3 Paragraph 2 of the Warsaw Convention, companies can invoke the limited liability provision in the case of international flights only if this is expressly 28 At the time, the Montreal Agreement was not yet in force.

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noted on the tickets. This was not the case on all – previously domestic – flights to other newly independent states (assuming that the other state is also a member of the Warsaw Convention). Another problem could arise from the following situation. Someone buys an Aeroflot ticket for a flight from outside Russia to Moscow and a connecting flight to another destination within Russia, operated by a different company but booked with Aeroflot. If an accident then occurs on the domestic leg, both Aeroflot and the other company would be liable, the first as contracting carrier, the other as the so-called actual carrier (according to the Guadalajara additional agreement to the Warsaw Convention). In aviation law, a liability regulation has to be established which addresses the problems mentioned above in detail. It also has to differentiate between injured parties – who were not involved in air traffic; – who are on board the aircraft due to a contract of carriage; and – who are transported without a contract of carriage. 1.2.5.1 Liability towards Parties not Involved in Air Traffic Third party liability, i.e. liability towards parties not involved in air traffic, should be designed nationally as an absolute liability, as is common in international aviation law.29 This means that the liable party has to compensate the damage even if their behaviour was not culpable and provided that the other requirements are met. The reason for applying absolute liability in aviation is that due to the use of a technical device a situation could arise which entails a risk to third parties, even when the users of such a device comply with the regulations and limitations that they are subject to and that ensure the safety of air traffic. In such a case liability cannot be linked to unlawful and culpable behaviour of the injuring party, but only to the situation that an aircraft as a dangerous item is used in traffic in a way that third parties could come into contact with it. Absolute liability is generally based on the idea that, due to technical progress, traffic density is becoming more and more dangerous and that anybody who does not want to withdraw completely from social life necessarily will be exposed to risks that are outside his control. On the one hand, the risk potential of transport means that the type and extent of the risk to which an individual is exposed is becoming greater. On the other hand, it is becoming more difficult for the individual person to withdraw from traffic, as traffic is expanding. The individual person is subject to a social obligation to participate in traffic of this nature and does not have the possibility to shape it nor a defensive right towards

29 See the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface of 7 October 1952 and Montreal Convention on Compensation for Damage caused by Aircraft to Third Parties of 2 May 2009.

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the dangerous situation permitted by the state. Absolute liability creates a balance in case of damage to the individual’s essential legally protected rights. In accordance with this concept, absolute liability is not linked to the fact that a legally protected right has been violated by unlawful and culpable action, but only to the fact that, upon operation of the dangerous technical device, a legally protected right of a third party has been damaged and such a party has subsequently suffered a damage. The requirements for the application of absolute liability are therefore met more easily than in case of culpa liability. The maximum liability limits constitute a balance when applying strict absolute liability and reduce the risk of the operator, as it is easier to insure potential damages. Limiting the liability by setting maximum liability amounts has been a good option in the new Russian aviation law, especially since the USSR (and later Russia as its successor) is a contracting party to the 1952 Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface. Liability is also limited in this Convention. Liability for damages from an accident should be classified according to the take-off weight of the aircraft causing the accident. This is based on the consideration that the risk to an uninvolved third party on the surface becomes greater with increased take-off weight of the aircraft. The mass of the aircraft and the fuel it carries are the only aspects that need to be considered. 1.2.5.2 Liability from the Contract of Carriage Aviation law also has to regulate liability towards the passengers and damage to transported goods. Generally, such a contractual liability can ensue from basic civil law. However, a number of special aspects have to be taken into consideration in aviation. For example Russian lawmakers, with regard to liability for international carriages, were bound by the 1929 Warsaw Convention, as well as the 1955 Hague Protocol adopted for its amendment and the 1961 Supplementary Convention of Guadalajara which included a detailed and final regulation of liability in Articles 17 et seq.30 Furthermore, unlimited application of the principle of culpability generally applicable in contractual law was not suitable. It would be mostly impossible to the damaged party to prove culpable behaviour of the carrier since such party has no insight into the organisation of the aircraft operator and cannot determine the cause of the damage, especially due to lack of technical means. If the principle of culpability was to be retained without restriction, this would constitute a denial of justice. However, the principles of absolute liability could not be followed either. The basic concepts do not apply to parties suffering damage, who have exposed themselves voluntarily to the risks of air traffic, such as passengers.

30 The Russian Federation is not (yet) a member of the 1999 Montreal Convention.

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Therefore, the principle of culpability had to be followed, although it needed to be significantly softened by transferring the burden of proof for culpability (or non-culpability) from the damaged party to the injuring air carrier. This could be achieved by assuming in general that there is culpable behaviour of the air carrier, who then has to prove that this assumption is not true. This corresponded to the intentions of the Warsaw Convention which had conclusively taken the special circumstances of aviation into account. In order to make the liability regulation in aviation law less complicated, liability for air carriage not subject to the regulations of the Warsaw Convention (e.g. domestic flights and international flights of noncontracting states to the Warsaw Convention) should follow the same liability regime as set out in the Warsaw Convention. The relation between national aviation law and the Warsaw Convention was clarified as follows. The Warsaw Convention covered the great majority of international carriages. Apart from domestic carriages, what remained for national aviation law were international carriages that are not covered by the Warsaw Convention. Furthermore, the legal situation in Russia had become more complicated because of the collapse of the original contracting state of the Warsaw Convention – the USSR – and the number of flights within the former territory of the USSR which are now considered as international carriages in the sense of the Warsaw Convention. Therefore, it was in the interest of those who apply the law to follow the Warsaw Convention as closely as possible with regard to liability for domestic carriages. The liability regulations should also provide for a limitation of liability with maximum amounts for liability from the contract of carriage. Initially, the reasons specified for liability towards non-involved third parties as well as the appropriate maximum liability limits included in the Warsaw Convention spoke in favour of introducing such a regulation. In contrast to liability towards non-involved third parties, no classification of the liability amount depending on the weight of the aircraft was undertaken. For passengers, the size of the aircraft involved in the accident is of no significance. 1.2.5.3 Liability towards Persons Carried without Contract of Carriage Liability towards passengers with whom no effective contract of carriage has been concluded, does not require any special regulation in aviation law. National civil law provides sufficient regulations in this regard.31 For these persons, liability should exclusively result from the general provisions of civil law, due to a lack of explicit regulation in the special law. Among other things, this also means that the burden of proof with regard to the bases for compensation is not imposed on the operator of the aircraft as is the case for liability pursuant to the contract of carriage, but on the person carried without contract of carriage or his representative. 31 Apart from flight crew, this would also apply to people flying without a valid ticket.

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Aviation Code of the Russian Federation

This process is also justified on the basis of absolute liability. It should only benefit those who cannot withdraw from the dangers of aviation, and not those who voluntarily are on board an aircraft and therefore willingly and voluntarily expose themselves to the dangers of air traffic.

1.3

Drafting and Adoption of the New Code

Whilst the old Soviet Code worked well in the former command economy and was the basis for a substantive civil aviation industry, change was required to enable Russia to fit into the international market-oriented aviation community. Due to the lack of a legal basis for the separation of tasks between the newly emerging private sector and the state administration (in a mere supervising capacity) the aviation sector developed less successfully. The Explanatory Note of the Russian Government presented at the first reading of the draft Aviation Code by the Duma emphasises that Russia’s aviation industry operated in a legal vacuum. The Aviation Code of the USSR has not been used due to its incompatibility with the economic and structural changes that have taken place in this country in several years past, though it has not been abrogated. The legal uncertainty produced by the 1991 Minsk Agreement on the foundation of the Commonwealth of Independent States (“CIS”; in Russian: “SNG”32), which said that the Soviet legislation including the Aviation Code of 1983 should remain in force insofar as it did not contradict the constitutions of the newly independent states and so long as no new code was released, has to be resolved for Russia by drafting and adoption of a new Aviation Code.

1.3.1

The Objectives of the New Code

The objectives of the new Code were not restricted to changes to the more technical aspects of aviation. The task of the new Aviation Code was to form the basis of a market-oriented restructuring of the aviation industry in Russia, in particular: – giving airlines the possibility of operating as companies and not as part of the state administration; – creating the possibility of separating airports from airlines; and 32 Sodruzhestvo nezavisimykh gosudarstv.

26

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The Genesis of the Code

– creating the possibility of defining the new role of the state administration mainly as a certifying, licensing and supervising authority. The use of the word “possibility” was deliberate. Not surprisingly, the new Aviation Code did not transfer Russian aviation into new structures; it only provides the legal basis for taking advantage of these opportunities. Whether or not and to what extent these opportunities are used is a question which should be answered by the Russian government and its concept of aviation. To act as the legal basis for the market-oriented restructuring of the Russian aviation the Code had to be based on the principles of a constitutional state. Therefore, the draftsmen – apart from finding solutions to the problems described above – were guided by the considerations that the draft should be based on the legal traditions of continental Europe. Furthermore, they had to take into account the market economy concepts, discussed and introduced at that time in Russia.

1.3.2

Consideration of the Draft against the Background of Legal Tradition in Continental Europe

The Aviation Code had to have a distinct position within the overall concept of the Russian Law, from a vertical as well as from a horizontal point of view. In this manner, one could guarantee that the repetition or contradiction of other established laws (whether these laws took precedence, were subordinate or were of equal rank) could be avoided. This was necessary to make the overall legal structure clear and transparent and to reduce the content of the aviation law to what was essential. In this way one could also contribute to the comprehensibility and with that, last but not least, to legal certainty. 1.3.2.1 Vertical Integration According to a basic understanding of law, the Aviation Code was to be integrated into a so-called pyramid of legal norms, which sets out the hierarchy of legal norms in the following order of priority: – General principles of public international law; – Constitution; – (Ordinary) law; – Subordinated regulations (“by-laws”). These legal norms have been allocated a specific content. Furthermore those norms, which are from time to time subordinate, must not contradict those which rank higher.

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Aviation Code of the Russian Federation

1.3.2.1.1 General Principles of Public International Law Such principles are traditionally recognised by the international community and draw their legal effect from this. It would, however, make sense to recite these principles alongside the domestic legal norms, in case these principles might be suspended or limited by one party, which would be contrary to public international law. Otherwise these principles would only have a declaratory character. Although such mention may indeed be superfluous, it is not contrary to the law. Within the scheme, however, this is not generally referred to in a (simple) law but rather – if at all – in the Constitution. The new Code had to avoid as much as possible references of a declaratory nature. It is however, conceivable that for political reasons, such principles are excluded from a legal norm (this should of course be the constitutional law) in order to emphasise the sovereignty of the state by reference to the entity, which takes precedence over the state. 1.3.2.1.2 The Constitution The Constitution should comprise in essence the basic provisions relating to the regulation of the state. These should under no circumstances be modifiable (the so-called minimum of amendment) or only modifiable with a qualified majority of votes in Parliament (e.g. two thirds). Provisions of the new Russian Constitution, to which the Aviation law directly or indirectly refers, were the following: – The principle of the separation of powers Article 10 of the Russian Constitution stipulates that state power in Russia is based on the principle of the separation of powers into the legislature, executive and judiciary. This requires and promotes the strict, constitutionally assured distribution of functions within the authority of the state. – The principle of the structure of the administration Article 11 of the Russian Constitution stipulates in relation to this point that state power in the Russian Federation will be exercised by the President of the Russian Federation, the Federation Assembly (consisting of the State Duma, i.e. the first chamber of the Russian Parliament, and the Federation Council, i.e. the second chamber of the Russian Parliament), the Government and the Courts of the Russian Federation. As for the individual members

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of the Russian Federation,33 state power will be exercised by authorities created through the members. The responsibilities and competences of the Federation authorities and of the authorities of the members of the Federation are separated in the constitution and in the Federation’s and other agreements. – The power of the legislature to authorise the administration to issue regulations (matters for regulation, competence, requirements for issue) Article 115 of the Russian Constitution prescribes that the government issues regulations on the basis of, and by applying the Constitution of the Russian Federation, federal laws and the general decrees of the President. – The free movement of goods, services and finances; promotion of competition; freedom of economic activity Article 8 Paragraph 1 of the Constitution provides that a single economic space, the free movement of goods, services and finances, competition as well as freedom of economic activity shall be guaranteed in the Russian Federation. – Right of ownership Article 8 Paragraph 2 recognises private, state, municipal and other forms of ownership as being of equal value and equally worthy of protection. Land and other natural resources may be in private, state, municipal and other forms of ownership (Article 9 Paragraph 2). Article 36 provides further that “only” citizens of the Russian Federation and Russian companies/associations may enjoy private ownership of land. Article 35 establishes that private ownership is protected by law. Everyone has the right to own property, to use and to dispose of it alone or together with others. – Freedom of association Article 30 grants the right to form associations, including the right to establish trade unions for the protection of its own interests. The freedom of activity of social associations is guaranteed. – Freedom of occupation

33 Constituents of the Russian Federation are the cities of Moscow and St. Petersburg, Autonomous Republics, Autonomous Oblasts, Autonomous Districts, Oblasts and Rayons.

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Aviation Code of the Russian Federation

Article 34 establishes that everyone has the right to apply his own skills and use his property freely for entrepreneurial and other activities not prohibited by law. Article 37 provides further that everyone has the right to use his employment skills freely, as well as to be free to choose a type of activity and an occupation. 1.3.2.1.3 The Aviation Code The focal point of the regulation of the specialist matters was found here. The technical questions are regulated by this law insofar as they are of a basic nature. The issues which need to be amended more frequently are to be regulated by the air transport authorities through the so-called subordinated regulations (“by-laws”). For this, an explicit authorisation is necessary in the Code, setting out definitively the content, purpose and extent of the pertinent regulation. 1.3.2.1.4 Subordinated Regulations The subordinated regulations (“by-laws”) deal with the individual technical questions, which can be better regulated at an executive rather than a legislative level because of the extent of the subject matter. This division of labour has, furthermore, on account of the relatively cumbersome nature of parliamentary work, also the advantage of greater flexibility. Moreover, it makes it possible to relieve Parliament of some of the work load inherent in this, so that it may concentrate on essential matters. Typical areas regulated in this way are, for example, rules of the air, regulations for the approval of airfields, aircraft and other air transport appliances, airlines personnel etc. The Code entrusts the greater part of the regulation of these matters to subordinated regulations and formulates only basic provisions in this regard. 1.3.2.2 Horizontal Integration The Code had to draw a clear line between the provisions in the Code and other laws, which also play a role in aviation. Such laws materially relate to the subject matter of “air transport” but due to the level of detail, it requires inclusion in the Aviation Code would have rendered the Code less clear. Furthermore, a distinction had to be made with those (general) areas of regulation which also play a role in air transport, but do not exclusively deal with the subject of “air transport”. 1.3.2.2.1 Other Laws Materially Relating to the Regulation of “Air Transport” The extent of regulation by “subsidiary law” might be illustrated by laws governing certain administrative units. These laws require a relatively high level of regulation and for this reason it makes more sense to regulate them in a separate law and thus avoid overloading the aviation law.

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This also relates to laws dealing with financing, granting of loans, and registration of aircraft, which do not necessarily have to be so extensive. Because of the immense financial requirements of air transport these regulations need to be given special attention. In particular, the nature of financing and the provision of security on credit should be taken into account. Furthermore, in the interest of the greatest possible protection of confidence the process of registration of rights in aircraft should be closely based on the law of property, since public confidence in a register ensures that a creditor has the most extensive security possible. 1.3.2.2.2 Other Laws Which Do not Materially Relate to the Regulation of “Air Transport” Some of the areas for regulation, which are of a more general nature, do not have to be directly mentioned in the aviation law. For example: – Company and commercial law, – Competition and antitrust law, – Labour law, – Possibilities of relief against government decisions. However, since the extent of these provisions for aviation also needs to be guaranteed, there was a considerable requirement for harmonisation. In competition and antitrust law in particular a possible exemption for air transport has to be taken into consideration.

1.3.3

The Influence of Market Economy Concepts

The orientation towards market economy concepts that came with the dissolution of the Soviet Union resulted in profound changes to the economic structures. The speed of their introduction and therefore the risk of failure or at least setbacks were greatly dependent on the temperament of the respective government. The Gaidar administration initially focused on shock therapy. Under Chernomyrdin, policies were conservative in the sense of the old values of the Soviet Union; however, the administration did not want to stop the market economy process either. There were mixed forms in strategic areas. The Russian administration considered aviation to be one of these strategic areas. Clear steps towards a “double separation of powers” could be observed in Russia. The new Aviation Code was to ensure this for aviation as well. 1.3.3.1 Relationship Parliament/Administration Among others, the law must define what is “essential”, requiring regulation by a law, and what is “detail”, and could be left to be regulated by legal provisions of the administration. The administration still had a significant amount of mistrust – partially rightly so – towards

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Aviation Code of the Russian Federation

the respective Parliament despite the emotionally intended and also politically prescribed openness. Furthermore, the administration of the states of the Eastern Block had wellknown reservations towards the Parliament, because of the lack of expertise of the latter. However, to conclude from this that the bills (drafted by the administration) were basically a collection of authorisations to the administration to adopt legal regulations is logical, but nonetheless incorrect. The various drafts of the Russian Aviation Code with their approximately 180 Articles each were about three times longer than the German Aviation Code. The reason that this was so detailed is due to, on the one hand, the slightly complicated and baroque technique of legislative drafting (from a Western point of view), and on the other hand, the fact that many representatives of the old nomenklatura, who continued to hold the majority of positions, had obviously not become aware of the full meaning of the term “separation of powers” yet. However, the structure of the bills nonetheless corresponded to Western perceptions, even though these structures could have been a bit clearer. 1.3.3.2 Relationship Economy/Administration With regard to operational individual decisions, the law only positively formulates under which circumstances the administration is granted powers of intervention. The principle that the administration would have no further powers of intervention than set out in the law was an unspoken preconception and all other individual decisions were therefore left to the economic entities. The law also provides for the power of the administration to license operations (airlines, airports, aeronautical operations) in addition to the power to license certain activities. The possibility of separate management of such operations has been associated with this at the same time. Entry into force of an appropriate law in accordance with these principles would have created an essential basis for market economy restructuring of aviation. However, the prerequisite for these possibilities to be put into practise was that operational units independent of the state were established. This is possible in two different ways: either through a complete new foundation of companies or through transforming previously state-owned enterprises into privately organised entities (so-called corporatisation) which does not necessarily have to mean that the majority of shares had to be ceded to private persons (so-called privatisation). 1.3.3.3 Corporatisation/Privatisation Transforming state-owned enterprises into private or at least privately organised entities happened at different speed in the former Soviet Union. Despite the politically unstable situation, Russia made the most progress. The most important legal bases in Russia in this regard were the following:

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– The Law of the RSFSR of 25 December 1990 “About the Enterprises and Enterprise Activity”.34 This law regulated the general legal, economic and social bases of the foundation of enterprises, rights and obligations of the entities of entrepreneurship. It determined the state measures of protection, support and regulation of entrepreneurship in Russia. – The Law of the RSFSR of 3 July 1991 “On the Privatisation of State-owned and Municipal Enterprises in the RSFSR”, in the version of the Amendment Law of 5 July 1992.35 This law regulated the organisational and legal bases for the reorganisation of ownership structures of production facilities in the Russian Federation through privatisation of stateowned and municipal enterprises for the purpose of creating an effective, socially oriented market economy. – The “State Programme of Privatisation of State-owned and Municipal Enterprises in the Russian Federation”. In accordance with the requirements of the privatisation law, this programme was established annually. The programme for 199236 included a list of objects that were subject to compulsory privatisation, objects that were privatised if possible and objects that were not subject to privatisation. With regard to the aviation enterprises, the 1992 programme provided that these objects and enterprises only were privatised pursuant to a decision by the State Committee for the Management of State Property (Goskomimushchestvo), taking into consideration the opinion of the industry Ministries. – The Decree No. 721 of the President of the Russian Federation of 1 July 1992 “On Organisational Measures to Corporatise State Enterprises, Voluntary Associations of State Enterprises”.37 This Decree prescribed a special regime of privatisation of state enterprises with a balance sheet value of base funds of more than 50 million Roubles38 on 1 January 1992 or with

34 Vedomosti Verkhovnogo Sovieta RSFSR, 1991, No. 29, Article 1006. 35 Vedomosti Verkhovnogo Sovieta RSFSR, 1991, No. 27, Article 927; Vedomosti Verkhovnogo Sovieta Rossiskoy Federacii, 1992, No. 28, Article 1614. 36 See Financial & Business News, Moscow, No. 18 (39), September 1992, at 13 et seq. 37 Vedomosti Verkhovnogo Sovieta Rossiskoy Federacii, 1992, No. 28, Article 1657. 38 Exchange rate on 01/01/1992: 154.9 RUR/USD.

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Aviation Code of the Russian Federation

more than 1,000 employees. It invalidated some regulations of the privatisation law. Furthermore, it allowed for several different forms of privatisation, also known as “privatisation from above”, i.e. privatisation of the entire enterprise as one entity or “privatisation from below”, i.e. creating several individual enterprises. The consequence for “Aeroflot – Soviet airlines” for example was that, in addition to the PKO as an entire enterprise, the following five subsidiaries of the CUMVS had also petitioned for individual privatisation: – Zolotaya Zvezda (Gold Star), operator of the air fleet TU 154; – Russkiy Vitjaz (The Russian Knight), operating the IL 76; – Russian Airlines, operating the A 310-300 leased from Aeroflot; – The agency “Moscow Airways”; and – The cargo complex “Sheremetyevo 2”. Due to these petitions, the Goskomimushchestvo had to answer difficult questions on allocation of properties and no decision was made on the privatisation of “Aeroflot – Soviet airlines” for a long time. – Decree of the Government of the Russian Federation of 1 April 1993 on the Corporatisation of “Aeroflot – Soviet airlines”. This Decree prescribed that six of the former legal entities of the PKO “Aeroflot – Soviet airlines” (the PKO itself, the CUMVS, the MKU, Sheremetyevo airport and the subsidiary “Moscow airways”) were restructured as a stock corporation through consolidation of their capital. The remaining subsidiaries were only allocated the capital which was included on their balance sheet before their petition for individual privatisation in September/October 1992. This means that their capital did not exceed 2 million Roubles. The fleet which they were operating was not allocated to them as they had asked for in their petition. For the further process of privatisation it became apparent that privatisation had to be slowed down with regard to corporatisation of structural enterprises of aviation. The focus was more on establishing owner-operated state enterprises.

1.3.4

Adoption of the Aviation Code

The bill for the new Aviation Code was introduced in the State Duma on 26 June 1996. It was referred to the committees for further voting. The Committee of Industry, Construction, Traffic and Energy was the leading committee. The draft bill was adopted by the delegates in the first reading on 19 July 1996. The bill was subsequently discussed in the plenum on

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27 December 1996 and adopted in the second reading. The third and final reading in the State Duma took place on 19 February 1997. The bill was adopted in the third reading. On 24 February 1997 the law adopted by the State Duma was presented to the Federation Council, who adopted the law and presented it to the President of the Russian Federation on 6 March 1997. The President of the Russian Federation signed and executed the law on 19 March 1997. It was published on 24 March 1997 in the Collection of Legislation of the Russian Federation.39

1.4

The New Code

The new Aviation Code entered into force on 1 April 1997. More than five years had elapsed since a working group for the drafting of the new Aviation Code for Russia met for the first time – years of arguing about the different concepts of market and command economy and their consequences, years of debating the priority of military and civil aviation and many other issues. The underlying trend of advice given by the author of this resume was that the Russian partners should not be overwhelmed with a typical Western model of aviation laws. To be accepted in Russia the Code had to be formulated by Russians for Russians, i.e. with the typical Russian legal language which is, read with Western eyes, often too broad and cumbersome. The market orientation of the Code as well as the basic ideas of constitutional states were, however, an absolute necessity. On the other hand, the Code should not act as a tool to destroy Russia’s aviation industry. According to a kind of “double separation of powers”, the tasks of the formerly almighty state administration was redefined in two directions: firstly, in relation to the parliament, i.e. regarding the question as to which body issues which regulations (as general policy decisions); secondly, in relation to the commercially working entities, which body is in charge of taking individual day-to-day decisions.

1.4.1

Distribution of Functions between Parliament and the Administration

The Code is designed to regulate the more basic questions, leaving details to the subordinated regulations issued by the state administration. This approach has had its effect on the number of provisions in the Code. The number of articles of the first draft of more than 180 provisions could this way be reduced by about 50. Consequently, many articles in the new Code empower the administration to regulate technical details. This gives the administration the flexibility necessary to react to new developments quickly and from its 39 Sobranie zakonodatel’stva RF, 24 March 1997, No. 12.

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Aviation Code of the Russian Federation

specialised viewpoint. The distribution of tasks is in particular important in the field of aviation due to its international character. In order to have the standards and recommendations of the ICAO transferred into national law promptly and without political discussions this task must rest with the administration; the involvement of the Parliament would be too cumbersome. By the implementation of a number of provisions empowering the administration to regulate the details as well as the Operating Regulations based on the provisions of the Annexes to the Chicago Convention the Code meets one of the recommendations made by the Joint Report of a Working Group of the US FAA and the Russian Department of Air Transport that has been established to evaluate Russia’s aviation. It must, however, be stressed that these empowering provisions very often leave too much discretion to the administration.

1.4.2

Distribution between Private and Public Functions

As far as the relation between operations and administration is concerned (or, in other words, the question as to who takes individual decisions), the task of the Code is to formulate in which cases and under which circumstances the administration is allowed to exercise their powers of supervision. The underlying basis is that it is not the administration that takes the individual decisions but commercial entities certified, licensed and supervised by the administration. In other words, the Code is based on the distribution of functions, as in many other free-market legal systems. The distinction between administrative powers (in the hands of the government and/or its agencies) and operational activities (usually in the hands of the private sector) enables the state administration to concentrate on its task of control and supervision. Even more important is the fact that aviation entities can be organised as independent financial units, so that money invested and earned cannot flow to any kind of “superior” budget, as was previously the case. In the Joint Report the authors state that the major difference between the old Soviet Aviation Code and the new Russian one is that the new one is oriented to activities of civil aviation as they relate to the new private enterprise system. Specifically, the Aviation Code contains provisions that permit the privatisation of airlines and other aviation companies, and provides for those entities to work under new market conditions. Consequently, the Code provides for the licensing of certain activities (Article 9) and the certification of companies (carriers, airports, maintenance and handling companies etc.) and their inspection (Articles 8 and 28). Another consequence is that these companies are run separately, i.e. not as combined entities under the same roof. These businesses must offer assurances that they can in fact perform the functions which they are to perform.

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The Genesis of the Code

This is particularly important in the field of aviation because of the great safety requirements. These businesses must have official authorisation. The legal basis for the various licensing procedures (Article 9) was given in Regulation No. 850 of 23 August 1993 “On the Licensing of Transport and Other Activities in Air Transport” and the “Instruction for Operators’ Certification Procedures of the Air Transport of the Russian Federation”, approved by the Order of the Minister of Transport No. 106 of 10 December 1993, which established the requirement for “financial fitness” (similar to Regulation (EC) No. 2407/92). The possibility of withdrawal of official authorisation or of striking off (from a register) means that an aviation company will have to discontinue its business if it fails to comply with the necessary requirements. Having such instruments the Russian government was finally in a position to cut back on the enormous number (300 plus) of aviation companies which have emerged over the recent years. In addition, Articles 18 and 28 of the Code empower the administration to exercise control over the observance of the Federal Aviation Regulations. This way, the Code meets an important recommendation made by the authors of the Joint Report. The emerging of commercially organised entities does not necessarily exclude the participation of the state in those companies. It goes without saying that the state can hold shares in aviation companies (e.g. 51% in Aeroflot), in airports (e.g. 100% in MoscowSheremetyevo airport) wherever it considers this to be necessary; indeed, in some cases, because of the need for serving the public interest, it must do so. On the other hand, it is an important achievement that the infrastructure of Russian aviation is now open to private (foreign) investment. Consequently, under Article 7 of the Code property in civil aviation – aircraft, aerodromes, airports, technical means and other property necessary for ensuring the flight of aircraft – can be owned by the state, municipality or legal entities. Citizens of the Russian Federation can now own civil aircraft. It is, however, not entirely clear if wet leasing is allowed under Article 56 of the Code.40 As the Director of the Russian FAS at the time of the adoption of the Code, Mr. G. Saitsev, pointed out, for the first time in Russia the state does not run the aviation industry and its task has been reduced to exercising control over the companies. This is envisaged by the new chapter on Aviation Entities (Articles 61 et seq.), which, according to Mr. Saitsev, “is the icing on the cake”. The above-mentioned Explanatory Note on the Code says that this chapter is designed to develop competition between airlines of any status, including individual entrepreneurs, without interference in their operation. State regulation

40 A wet lease is a leasing arrangement whereby one person (lessor) provides an aircraft, complete crew, maintenance, and insurance (ACMI) to another person (lessee), which pays by hours operated, i.e. for the block hours (choc off to choc on). Wet lease generally lasts one month to two years.

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Aviation Code of the Russian Federation

implies control over compliance of operators with certification requirements, antimonopoly regulation and protection of consumer’s rights (page 3 of the Explanatory Note). Obviously, there are also other regulatory instruments, known to the Western spectator to be pursued before liberalisation. According to Saitsev it is essential for the protection of scheduled traffic that tariffs for charter flights must match tariffs for scheduled flights. A mixture of market economy and (too much) command economy regulation was that the (initial) Code described exactly the rules and criteria for the definition of transport costs without limiting the right of aviation companies to fix the tariffs as such.

1.4.3

Distribution of Private Sector Functions

1.4.3.1 Airline Companies Based on Article 104 the distinction between scheduled and chartered air services, as used in Western Europe until recently, was preserved for the time being. This allowed the Russian government to maintain control over tariffs and quotas concerning international flights. Combined with an appropriate air service agreement this ensured that the airlines (which only emerged and were not yet fully competitive at that time) were given some minimum protection. This was based on the belief that the transition to a market economy should not take place abruptly. 1.4.3.2 Airports The privatisation of airports is not absolutely necessary for the introduction of a market economy in the field of aviation. Indeed, other modes of transport often use public property (e.g. roads, waterways and railways). It should, however, be noted that airports require particularly high operational expenditure in order to enable the performance of their functions. For this reason a private management (i.e. also a private organisation) may be entirely appropriate. The Code keeps both options open (Article 49) in not distinguishing whether the operator of an airport must be a commercial or a state entity. 1.4.3.3 Aircraft Maintenance Aircraft maintenance can be organised following the private sector model (Article 9 Paragraph 1), however, not as a separate company but as part of an aviation company (Article 61). This does not exclude maintenance work for other aviation companies. It is possible for the state entities involved in qualitative checks and standards to delegate tasks such as regular and recurrent tests to independent companies.

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1.4.4

The Genesis of the Code

Distribution of Functions within the Government Body Supervising Aviation

In the course of the work on the draft Code the advisers proposed the implementation of the classical model of aviation administration, which is characterised by a specialised authority supervised by a Ministry in charge of the more political matters. Specialised functions to be performed include in particular flight safety and the granting of licences. These specialised functions can in turn be distributed, both by subject and geographically. Owing to the unsettled political situation it was too premature at the time of the drafting of the Code to achieve this goal. The legislative drafters of the Code had no choice but to postpone the solution and to leave it to the state administration to create the final structures whenever possible. This is the reason why one can often find the term “(specially) authorised body” in the Code. It cannot be denied that this term creates, at least for the time being, an uncertainty, for example about the extremely important question of which body is in charge of issuing the regulations. According to Article 6 of the Code this term covers not only the state administration (the federal bodies of executive power) but also other bodies outside the state administration “vested with the powers of a federal body” by means of a decree. Article 6, for example, can act as the legal basis for a commercially organised Air Traffic Control service. The Code has, this way, followed a recommendation made also by the Joint Report (page 24).

1.4.5

Achievements and Shortcomings

There are a number of other achievements and shortcomings which are worth mentioning: 1.4.5.1 Achievements The administration was given authority to do the following: – Register aircraft and maintain a national register – Article 33; – Issue or validate Type Certificates – Article 37; – Issue, renew, or validate Certificates of Airworthiness – Article 37; – Issue, amend, cancel, and suspend airworthiness and operations approvals, licences, and certificates – Articles 9, 10, 36; – Develop, issue, and amend Airworthiness Directives, Bulletins, Orders, etc., consistent with airworthiness regulations – Article 35; – Establish an airworthiness engineering organisation and an airworthiness inspection organisation to assist in covering the functions and responsibilities – Article 28.

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Aviation Code of the Russian Federation

1.4.5.2

Shortcomings

1.4.5.2.1 Registration of Aircraft Drafts of the Code suggested that the practise of permitting foreign-registered aircraft to be operated by Russian airlines might be stopped. Article 33 does, however, permit the operation of foreign-registered aircraft provided that the country of registration has signed an agreement with Russia concerning the maintenance of airworthiness standards. The keeping of a State Register of Aircraft is delegated to a “(special) authorised body”. The Code clearly provides for deletion of an aircraft from the Register in circumstances such as its export from Russia. It is provided that liens on aircraft are recorded in the State Register of Aircraft, although it does not set out what the legal effect of this will be. In Article 33 Paragraph 9, the Code refers to Article 131 of the Civil Code, i.e. to the provisions on immovable property. This may not be completely appropriate, e.g. regarding the problem of seizing an aircraft. There appears to be no restriction concerning the registration of leased aircraft. 1.4.5.2.2

Foreign Aircraft Flying in Russia

“Although airspace is not classified in Russia, all airspace may be considered as ICAO Class C. Regular VFR does not exist; it is controlled VFR only at lower altitudes using air traffic control. High altitude airways are mostly NDB-based with just few VORs around the country. Flight levels are metric. VFR flight levels don’t exist. For foreign-registered aircraft only so-called international (English-speaking) routes and airports are available. Any flight operation touching on domestic airways or non-international airports would require an escort navigator and extensive procedures to obtain permission from both the Ministry of Foreign Affairs and the Air Navigation Authority …”41 1.4.5.2.3 Foreign Investment Foreign investment in aviation entities is not permitted. It is, however, restricted to a maximum of 49% of the issued capital. The manager of the entity must be a Russian citizen and the number of foreign directors must not exceed one third of the Board.

41 Leonid Koshelev, President AOPA-Russia, in: 14(2) IAOPA Bulletin 2 (2009).

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1.4.6

The Genesis of the Code

Conclusion

According to the previously mentioned Explanatory Note (page 4) the new Code systematises the norms of Air Legislation: Its articles are entirely logical, and reflect the inner structure of Air Legislation. Each article has an original meaning and is a constituent part of the law. The Code establishes general principles of the corresponding branches of the law and precludes repetition and contradictions between the articles. As already mentioned, this assessment was arguable from a Western point of view, as the language of the Code was not always strict enough to exclude irritations (e.g. setting no amounts for fines, Article 65). From a legal point of view the 1997 Russian Aviation Code is far from being perfect, being much too detailed in technical matters on the one hand and on the other hand leaving too many important administrative aspects to subordinated regulations. The Code, however, gave the Russian aviation community the market-oriented basis which was so urgently needed. It provided the Russian government with the legal basis to separate the economic functions from the state functions and justified, this way, the reform steps already taken. Potential investors should be reassured by knowing that the new system was designed to prevent investment money disappearing into the black hole of a remote budget and that – at least since the entering into force of the Code – the legal foundation for a modern and internationalised Russian aviation system was in place.

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2.1

Changes to the Aviation Code

The Aviation Code of the Russian Federation has already seen the following thirty-two amendments since its entry into force: – Article 2 of the Federal Law of 8 July 1999 No. 150-FZ “On the amendments of Article 52 of the Aviation Code of the Russian Federation”, – Article 86 of the Federal Law of 22 August 2004 No. 122-FZ “Concerning the introduction of amendments to legislative acts of the Russian Federation and the annulment of certain legislative acts of the Russian Federation” in connection with the adoption of the Federal Laws “Concerning the introduction of amendments and additions to the general principles of the organisation of legislative (representative) and executive state bodies of constituent entities of the Russian Federation” and “Concerning the general principles of the organisation of local government in the Russian Federation” (in the version of the Amendment Law of 29 December 2004 No. 199-FZ), – Article 12 of the Federal Law of 2 November 2004 No. 127-FZ “On amending part one and part two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation, as well as on declaring invalid some legislative acts (provisions of legislative acts) of the Russian Federation”, – Article 1 of the Federal Law of 21 March 2005 No. 20-FZ “Concerning the introduction of amendments to certain legislative acts of the Russian Federation in connection with the implementation of aviation safety measures in air transport”, – the Federal Law of 18 July 2006 No. 114-FZ “On the amendments of the Aviation Code of the Russian Federation”, – the Federal Law of 18 July 2006 No. 115-FZ “On the amendments of Article 56 of the Aviation Code of the Russian Federation”, – the Federal Law of 30 December 2006 No. 266-FZ “On the introduction of amendments to particular legislative acts of the Russian Federation in connection with the improvement of state control in crossing points across the state border of the Russian Federation”,

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– Article 29 of the Federal Law of 26 June 2007 No. 118-FZ “On introduction of amendments to legislative acts of the Russian Federation in respect to bringing them into conformity with the Land Code of the Russian Federation”, – Article 3 of the Federal Law of 8 November 2007 No. 258-FZ “Concerning the introduction of amendments to certain legislative acts of the Russian Federation and the annulment of certain provisions of legislative acts of the Russian Federation with regard to the licensing of certain types of activity”, – the Federal Law of 1 December 2007 No. 314-FZ “On the amendments of Article 105 of the Aviation Code of the Russian Federation”, – the Federal Law of 4 December 2007 No. 326-FZ “On the amendments of Article 85.1 of the Aviation Code of the Russian Federation”, – the Federal Law of 4 December 2007 No. 331-FZ “On the amendments of the Aviation Code of the Russian Federation”, – Article 1 of the Federal Law of 4 December 2007 No. 332-FZ “On the introduction of amendments to particular legislative acts of the Russian Federation for the purpose of improving of the use of air space”, – Article 14 of the Federal Law of 14 July 2008 No. 118-FZ “On the introduction of amendments into the Aviation Code of the Russian Federation and into individual legislative acts of the Russian Federation”, – Article 45 of the Federal Law of 23 July 2008 No. 160-FZ “On amending certain legislative acts of the Russian Federation in connection with improvement of the exercise of authority of the Government of the Russian Federation”, – Article 26 of the Federal Law of 30 December 2008 No. 309-FZ “Concerning the introduction of amendments to Article 16 of the Federal Law ‘Concerning the environment’ and certain legislative acts of the Russian Federation”, – the Federal Law of 18 July 2009 No. 179-FZ “On the amendments of Article 34 of the Aviation Code of the Russian Federation”, – Article 1 of the Federal Law of 23 July 2010 No. 183-FZ “On the amendments of Articles 22 and 36 of the Aviation Code of the Russian Federation and of Article 1 of the Federal Law ‘On the state regulation of the development of aviation’”, – Article 15 of the Federal Law of 7 February 2011 No. 4-FZ “On amending certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law ‘On the Police’”, – Article 3 of the Federal Law of 5 April 2011 No. 46-FZ “On amending certain legislative acts of the Russian Federation”, – the Federal Law of 5 April 2011 No. 50-FZ “On the amendments of Article 85.1 of the Aviation Code of the Russian Federation”, – the Federal Law of 5 April 2011 No. 51-FZ “On the amendments of Article 64 of the Aviation Code of the Russian Federation”,

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– the Federal Law of 18 July 2011 No. 242-FZ “On amending certain legislative acts of the Russian Federation on questions concerning the performance of the state control (supervision) and municipal control”, – the Federal Law of 22 November 2011 No. 332-FZ “On the amendments of Article 22 of the Aviation Code of the Russian Federation”, – Article 5 of the Federal Law of 6 December 2011 No. 409-FZ “On amending certain legislative acts of the Russian Federation”, – Article 3 of the Federal Law of 14 June 2012 No. 78-FZ “On amending certain legislative acts of the Russian Federation due to the adoption of the Federal Law ‘About the obligatory insurance of the civil liability of the carrier for injury to life, to health, damage to property of passengers and about the procedure concerning compensation of such injury/damage inflicted during the transportation of passengers by subway’”, – the Federal Law of 28 July 2012 No. 129-FZ “On the amendments of the Aviation Code of the Russian Federation”, – the Federal Law of 25 December 2012 No. 260-FZ “On the amendments of the Aviation Code of the Russian Federation”, – the Federal Law of 7 June 2013 No. 124-FZ “On the amendments of the Aviation Code of the Russian Federation”, – Article 47 of the Federal Law of 2 July 2013 No. 185-FZ “On amending certain legislative acts of the Russian Federation and the repealing of acts (separate provisions of acts) of the Russian Federation due to the adoption of the Federal Law ‘On education in the Russian Federation’”, – Article 1 of the Federal Law of 20 April 2014 No. 73-FZ “On the amendments of Article 56 of the Aviation Code of the Russian Federation and Article 14 of the Federal Law ‘On the legal status of foreign citizens in the Russian Federation’” and – Article 1 of the Federal Law of 21 April 2014 No. 79-FZ “On the amendments of the Aviation Code of the Russian Federation”.

2.1.1

The 1999 Amendment Law: Prohibition to Strike for Air Traffic Controllers

The first amendment to the Russian Aviation Code denied the employees of Russian air traffic control the right to strike or to use other work interruptions as a means to solve collective and individual work disputes and other conflicts. This prohibition was adopted “for the purpose of protecting the rights and the legal interests of the citizens, ensuring state defence and safety of the state”. The reason for this amendment of the law was the fact that – based on the general right to strike in accordance with Russian employment law – strikes of air traffic control

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personnel had taken place in 1992, 1995, 1997 and 1998, which led to significant disruptions of air traffic in the Russian airspace and beyond. A bill for the annulment of the prohibition to strike introduced by a handful of delegates in the State Duma was already rejected in the first reading in February 2004.1

2.1.2

Amendment of August 2004: Editorial Amendments, Flight Accident Investigation – Obligation of Assistance

The amendment of August 2004 mainly included editorial changes. The competent authority that had been designated the “specially authorised body” was now designated “authorised body”. This did not lead to any changes in content. Only the content of Article 98 “Provision for work on the site of the aviation accident or incident”, which describes the obligations of third parties to render assistance at a place of accident or incident, was further specified by setting out that the procedure of rendering assistance shall be established by the Government of the Russian Federation by way of subordinated regulation (“by-law”).

2.1.3

Amendments of November 2004: Legal Basis of Charging Fees for Registration of Aircraft and Airports

The changes introduced by the law adopted in November 2004 concern the amount and the procedure of charging fees for registration of aircraft and airports when submitting documentation for state registration of a civil aircraft or state registration of an aerodrome or airport. This is no longer determined “by the authorised body of civil aviation in agreement with the authorised body in the area of finance”, i.e. the administration itself, but rather “by the legislation of the Russian Federation on taxes and fees”, i.e. on a legislative basis.

2.1.4

Amendments of March 2005: Aviation Security, Task of the Militia (Police)

In the words of S. Aristov, State Secretary and Deputy Minister of Transport of the Russian Federation at the time, the Amendment Law of March 2005 created a legal basis for the mandatory participation of the personnel of the bodies of executive powers responsible for internal affairs in security checks 1

http://asozd.duma.gov.ru/main.nsf/(Spravka)?OpenAgent&RN=277982-3&11.

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of passengers, their hand baggage and checked baggage, the crew, the service personnel for aircraft, cargo and mail as well as for the escort of the aircraft before and after a flight.2 Before this law came into force, the (private) services of the airports and air carriers were solely responsible for security checks and safety on board. With the Amendment Law, the Russian state also takes responsibility for aviation security. The circle of those who require a licence for activity in the area of aviation was extended to include the aviation security personnel who are also subject to licensing since the entry into force of the Amendment Law. Article 52 was amended to include reasons for rejection of a licence on the basis of past criminal behaviour. In the case of aviation personnel this includes conviction for a crime that has not been deleted or removed from the criminal record. As for employees of the aviation security services it includes conviction for a crime that has not been deleted or removed from the criminal record; registration because of mental illness, alcoholism or drug addiction; being relieved ahead of time from powers as civil servant or being dismissed from civil service, due to disciplinary misconduct, gross or regular breach of discipline, perpetration of misdeed harming the honour and dignity of a civil servant; the conclusion by the internal security bodies that one is not permitted to conduct activities connected with facilities posing a special threat to life and health of human beings and the environment. Security checks after the flight were included in the list of responsibilities of the aviation security services. Amendments to competences (e.g. the right to inspection and the right of access to documentation) and obligations of the persons controlled (e.g. carrying out instructions by the control authorities, provision of documents) were made accordingly. Article 85.1 with the following content was included: Article 85.1. Personal Data of Aircraft Passengers 1. In order to guarantee aviation security carriers shall ensure the transfer of personal data of aircraft passengers included in the documents of carriage to legal protection bodies. 2. The procedure of the establishment and keeping of information databases of personal data of aircraft passengers indicated as well as the procedure of transfer of this data to the legal bodies shall be established by the Government of the Russian Federation.

2

Press Conference of the State Secretary and the Deputy Minister of Transport of the Russian Federation, S. Aristov, Moscow, 2 February 2006, see http://www.mintrans.ru/pressa/ Novosty_060202_2.htm.

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Besides the Aviation Code, the Law on the Militia (now: Law on Police) was also amended accordingly. Since the State Duma was of the opinion3 that the objective of the law – to increase aviation security – was very insufficiently achieved, the following suggestions, among others, were made to the Government of the Russian Federation less than half a year after entry into force of the law: 1. To present a bill for an amendment law of the Aviation Code including the following new provisions: – Airport administration shall be granted the right to independently determine the zone of the airport within its boundaries to be controlled; – The term “airport security zone” shall be introduced; – Cases of unlawful intervention in aviation causing damage to physical condition, life and property of third parties shall be covered by the third party liability insurance of the air carriers in the future; – Air carriers and airports shall, upon sale of tickets, be obligated to enter passport data of people purchasing flight tickets into a database; and – The legal status of the aviation security services and its staff shall be defined in more detail and they shall be granted appropriate rights (right to arrest; right to move vehicles when they violate the parking regulations; right of inspection of baggage without the presence of the passenger; removal and destruction of prohibited items; right to inspect passports and authorisations for access to the airport territory). 2. To check the possibility of developing and implementing a national aviation security programme in accordance with the provisions of Annex 17 of the Chicago Convention; 3. To develop a concept for equipping the airports with the required technical devices; and 4. To take measures to complete work on the Federal Aviation Regulations on aviation security as quickly as possible. Taking into account these suggestions, the Russian Government, amongst others, has prepared and adopted the “Civil Aviation Security Programme of the Russian Federation”4.

3

4

Appeal of the State Duma of 16 November 2005 to the Prime Minister of the Russian Federation, M. E. Fradkov in connection with the execution of measures of aviation security in air transport – see http://www.duma.gov.ru/search/kmpage/80200016/post/014.doc. Order No. 62 of the Ministry of Transport of 18 April 2008.

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2.1.5

Subsequent Amendments to the 1997 Aviation Code and New Aviation Legislation Amendment of July 2006 (1): Simplification of Provisions for General Aviation and on Certificates of Airworthiness

The main objective of the law was to support the development of General Aviation by simplifying the requirements for carrying out these flights. The objective of the law was thus to redefine the terms “commercial air traffic” and “General Aviation”. However, the distinction between these two activities remains whether payment takes place. Article 101 new version (hereinafter “n.v.”) defines commercial carriage by air as “a carriage performed for payment”. Initially, “realisation of profit”5 had been suggested by the Russian Government, but this could not find a majority in the legislative procedure.6 Article 36 n.v. provides for the possibility to also license an aircraft for operation on the basis of individual part inspection. This meant that the procedure to acquire an operating licence for an aircraft, which was applicable before the entry into force of the Amendments Law, has been significantly facilitated for an aircraft used in General Aviation. The previous procedure required a type certification, part inspection, state registration and operating licence. This procedure remains obligatory for aircraft used in commercial aviation. The terms “light aircraft” and “ultralight aircraft” (Article 32 Paragraphs 2 and 3 n.v.) were newly included in the Aviation Code of the Russian Federation. A light aircraft is an aircraft whose maximum take-off weight is less than 5.700 kilogrammes, as well as a helicopter whose maximum take-off weight is less than 3.100 kilogrammes. An ultralight aircraft is an aircraft whose maximum take-off weight is 495 kilogrammes at the most, not including the weight of the aviation recovery aids. With regard to the operation of these aircraft, the following provisions have been included in the Russian Aviation Code (see Articles 33, 54, 61 and 67): – Ultralight aircraft do not have to be registered in the State Register of Civil Aircraft of the Russian Federation including the issuing of a certificate of the state registration (a registration certificate); – An aircraft shall no longer exclusively be able to be issued an operating licence when a type certificate and an appropriate certificate of airworthiness are presented, but also in cases where – as is especially common in General Aviation – “only” a so-called “document of examination of a specific aircraft, which confirms the conformity of this aircraft with the airworthiness requirements for civil aircraft and environmental protection”, i.e. a document on individual part inspection is presented; 5 6

See http://asozd.duma.gov.ru/work/dz.nsf/ByID/2B4A8DDD5F41B895432571BB0056799 1?OpenDocument. See http://asozd.duma.gov.ru/work/dz.nsf/ByID/A2228776520893C7432571BB0056799F? OpenDocument, http://asozd.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&work/dz.nsf/ByI D&479FBA0194B86C26432571 BB005679CE.

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– The training of pilots of ultralight civil aircraft pertaining to General Aviation may be performed by instructors who have received the appropriate permission of the authorised body (to be granted in a facilitated process) in the field of civil aviation; – No operator’s certificate (attestation) or document equivalent to this certificate (attestation) shall be required for the operation of light aircraft and ultralight aircraft pertaining to General Aviation and – The presence of the flight logbook and sanitary journal as well as the flight operation manual is not obligatory when operating ultralight civil aircraft.

2.1.6

Amendment of July 2006 (2): Foreign Nationals in the Flight Crew of RA-registered Aircraft

The second Amendment Law of July 2006 provided for the first time that foreign nationals may be part of the flight crew of a Russian aircraft, although this possibility was limited for commercial aviation. In accordance with the changed law, foreign nationals as flight crew on a Russian aircraft are now generally allowed on non-commercial flights, i.e. General Aviation. However, in commercial aviation they are only allowed: – for the period of training with the aim of receiving a licence for air carriage of passengers, luggage, cargo and mail in the aircraft of a particular type (acquiring a type rating); and – provided that the foreign national does not fulfil the duties of the commanding officer of the aircraft of the Russian Federation.7 According to the Explanatory Note8 the amendment became necessary because agreements on the supply of Russian aircraft to foreign customers also provided for training of the respective flight crew – in accordance with international practise. However, before the amendment of the law, it was not allowed to take place on a Russian aircraft. Therefore, Article 56 had to be changed accordingly. The limitations for foreign nationals in commercial aviation remained valid to protect the Russian market from the – at that time – unwanted flow of cheap foreign labour, especially from the other former Soviet Republics, for some years more (see 1.31).

7

8

The author knows from personal experience that such a regulation would have been unimaginable ten years before. Despite several discussions about this issue when advising the Russian government, the authors of the Aviation Code at the time and subsequently also the delegates of the State Duma insisted on the exclusion of foreign nationals from flight crew of Russian aircraft and on the inclusion of the following provision to the 1997 Aviation Code: “The flight crew of an aircraft of the Russian Federation pertaining to civil aviation may consist of citizens of the Russian Federation only if not otherwise provided by federal law”. And it was not “otherwise” provided by a federal law. http://asozd.duma.gov.ru/work/dz.nsf/ByID/971D254746B0E565432571BB0056CB96?OpenDocument.

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2.1.7

Subsequent Amendments to the 1997 Aviation Code and New Aviation Legislation Amendments of December 2006: Adjustment to New Border Control Procedures

The objective of the law of 30 December 2006, which also changed other laws regulating border crossings, was to make more effective the functions of control bodies working at the border crossings. Thus, the Aviation Code was changed as follows: in Article 40 Paragraph 4, “Aerodromes and airports”, the words “customs, border, sanitary, quarantine and other control” were replaced by the words “customs, border, and, in cases provided for by international agreements of the Russian Federation and by federal laws, also other types of control”. In Article 85 Paragraph 2, “Pre-flight and after-flight inspections”, the words “customs, sanitary and quarantine, immigration, veterinary, phytosanitary and other control” were replaced by the words “and customs clearance, and also other kinds of control if the latter are provided for by international agreements of the Russian Federation and by federal laws”.

2.1.8

Amendments of June 2007: Adjustment of the Aviation Code to the Provisions of the Land Legislation

In accordance with Article 2 of the Land Legislation of the Russian Federation all regulations of land law that are included in other federal laws must comply with the provisions of the land legislation. Therefore, Article 43 of the Aviation Code regulating the provision of land and water surface for the purpose of aviation had to be adjusted as well. It now includes a reference to “the land legislation of the Russian Federation”.

2.1.9

Amendments of November 2007: Adjustment of the Aviation Code to the Provisions of the Licensing Law

Pursuant to the law of 8 November 2007 the Aviation Code of the Russian Federation complies with the (general) law “On Licensing of Certain Activities”.9 This was done by deleting the list of licensing facts included in the original version of the Aviation Code and replacing it by a reference to the “legislation of the Russian Federation”. Regulations on the procedure that are already included in the above-mentioned law on licensing (Article 9) were also deleted. Furthermore, Article 65 had to be changed to comply with the Code on Administrative Offences. Therefore, the list of sanctions for breach of the requirements for a licence or permission had to be adjusted: withdrawal of the licence or permission or its suspension 9

See the preamble under http://asozd.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&arhiv/a_dz.nsf/ByID& 29F9FC1685BA8767C32572E400397243.

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are the only type of sanctions specific to aviation which have remained in the Aviation Code. Furthermore, a reference to the “legislation of the Russian Federation”, meaning the Code on Administrative Offences, was included. Finally, the term carrier (Article 100) was redefined. It was made clear that the carrier only requires a licence for activities which are subject to licensing. The reference to the contract of carriage included in the previous legal text was dropped.

2.1.10

The Amendment Law of December 2007 (1): Acceptance of Electronic Documents of Carriage

The law of 1 December 2007 “On the Amendments of Article 105 of the Aviation Code of the Russian Federation” took into account that new forms of documents of carriage were increasingly becoming common in international aviation. The Explanatory Note thus included a reference that an IATA programme provides for the worldwide step-by-step introduction of the sale of paperless documents of carriage – electronic tickets. Legislation in other states and the European Community had already reacted to this development and adopted appropriate legal regulations. Russian legislation was behind, which could lead to Russian companies being pushed from the international market.10 This situation was removed with the inclusion of “electronic documents of carriage” to the list of documents of carriage stated in the Aviation Code. At the same time, the carriers were obligated – to transfer the electronic document to the court, prosecutor’s offices, bodies of executive powers responsible for internal affairs, court’s officer-executor, tax authorities and customs bodies upon request through the information or telecommunication network or on appropriate material carriers; and – to maintain a register of documents of carriage in electronic form or on a paper carrier for the purpose of “registration of air carriage of passengers”. The requirements with regard to the content of this register shall be established by the federal body of executive power authorised in the field of transport.

2.1.11

The Amendment Law of December 2007 (2): Obligation to Ensure Electronic Access to/Transmission of Data from the Computer Reservation System of the Carriers

The law of 4 December 2007 changed Article 85.1 “Personal Data of Aircraft Passengers”. This article was only included in the Aviation Code with the Amendment Law of March

10 See http://asozd.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&arhiv/a_dz.nsf/ByID&6AB49B7DC15C7B 19C325720A002F7A2E.

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2005.11 The carriers were obligated to grant Russian and – in case of international carriage – possibly also foreign authorities access to the personal data of their passengers, which is stored in their data bases or transmit such data to such authorities. From the point of view of Russian lawmakers, this amendment to the Aviation Code in accordance with the Explanatory Note12 – was sensible, since analysis of such data can contribute to prevent unlawful interventions in civil aviation and therefore to increased aviation security; – had become necessary, since especially US legislation required presentation of such data from the airlines flying to the USA, but previously valid Russian regulations did not allow such data to be transmitted. If Russian lawmakers had not reacted, the Russian airlines would have had to face significant sanctions (USD 5,000 per passenger at a ticket price of about USD 1,200 for the route Moscow – New York), in the worst case, this might have led to the withdrawal of entry authorisation into the USA and was constitutionally acceptable since – transmission was based on the principle of reciprocity, i.e. US airlines are also willing and able to transmit such data to Russian authorities, – Russian citizens (voluntarily) offer much more personal data when applying for a visa to the USA than the data saved in the CRS and – transmission of such data is also in accordance with the air service agreement between Russia and the USA which obligates the designated carriers of each country to comply with the national legislation of the partner state.

2.1.12

The Amendment Law of December 2007 (3): Advance Payment in Case of Injury to Persons and Increase of Insurance Sums for Passenger Liability

The second law of 4 December 2007 added a regulation to Article 117 of the Aviation Code which obligates the carrier to pay a compensation of 2 million Roubles13 to the surviving dependent of a person killed in an air carriage accident from the entry into force of the Amendment Law (8 June 2009). With regard to damages to the health of the passengers, the carrier will be obligated to pay compensation from 1 January 2010. The amount will depend on the severity of the injury; however, it must not exceed 2 million Roubles and is further determined by “specifications established by the Government of the Russian Federation” (Article 117 Paragraphs 1.1 and 1.2). The compensation does not release the

11 See paragraph 1.4 of this chapter. 12 See http://asozd.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&arhiv/a_dz.nsf/ByID&C1084B5DB2613F9 DC325727400375A81. 13 As of April 2009: approx. 45,500 EUR/60,000 USD.

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carrier from liability exceeding the amount of compensation; rather, the indemnification shall be offset against amounts to be paid by the carrier at a later stage due to liability. Article 117 does not include any regulation on possible reimbursement. However, due to general civil law it may be assumed that in cases where the person who has received the advance payment is not entitled to compensation, such payment can be claimed back. Article 119 changes the way of calculating compensation to be paid from “minimum amounts of payment for labour” to concrete amounts in Roubles: – for loss, shortage or damage (defect) to the baggage, cargo accepted for carriage without declared value: in the amount of its value but not in excess of six hundred Roubles for one kilogramme of baggage or cargo weight established by the federal law; – for loss, shortage or damage (defect) to the luggage of the passenger: in the amount of their values; and if it is impossible to determine their value: in the amount not exceeding eleven thousand Roubles. Due to the constant devaluation of the Rouble at the time, the relatively flexible and therefore more easily adjustable unit that was chosen in the original version of the Aviation Code was thereby replaced by a fixed amount, since the currency turbulences of the Rouble were now believed to be over. Finally, the regulations on the obligatory liability insurance of the carrier towards the passenger was reformulated (Article 133) for the purpose of increasing passenger protection.14 The Article defined in accordance with the general requirements of insurance law of that time: – the terms of the object of liability insurance of the carrier (property’s interest, connected to the carrier’s duty to compensate the injury caused to life or health of the passenger of the aircraft during an air carriage or the damage sustained to his baggage and to the personal belongings of this passenger carried by himself); – the case of liability (the occurrence of the carrier’s civil liability for the injury caused to life or health of the passenger of the aircraft during an air carriage or the damage sustained to his baggage and to the personal belongings of this passenger carried with himself which, in accordance with the obligatory insurance contract, resulting in the insurer’s duty to perform the insurance payment); – the liability sums for damages to life and health as well as for checked and hand baggage were increased. They are now applicable to: – liability for the injury caused to the life of the passenger of the aircraft – not less than two million twenty-five thousand Roubles for each aircraft passenger;

14 See http://asozd.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&arhiv/a_dz.nsf/ByID&1C97852C0091932 FC3257348003FAC79.

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– liability for the injury caused to the health of the passenger of the aircraft – not less than two million Roubles for each aircraft passenger; – liability for the damage caused to the baggage of the aircraft passenger – not less than six hundred Roubles per kilogramme of the weight of the baggage; – liability for the damage sustained to his baggage and to the personal belongings of a passenger carried by himself – not less than eleven thousand Roubles for each aircraft passenger. In case of international air carriage, the amount of the insurance sum and of the insurance payments shall not be less than the amount established in accordance with the international agreements of the Russian Federation. This Article has been changed significantly later on giving up the special regulation in the Aviation Code and referring to the (general) “federal law”, i.e. the Federal Law “On mandatory insurance of civil liability of the carrier for damages to passengers” containing the details on this matter (see 1.26).

2.1.13

The Amendment Law of December 2007 (4): Competences in Administration of Use of Airspace

The third law of 4 December 2007 was adopted “for the purpose of refining the procedures of use of airspace”. The law in particular had to be compliant with the decree of the President of the Russian Federation of 5 September 2005 No. 1049 “On the air navigational service”. This decree transferred a number of competences to the air navigational service that were the responsibility of other authorities (authorised body in the field of civil aviation or authorised body in the field of defence) as per the Aviation Code. The following articles were amended accordingly: Article 12 Paragraph 2, Article 14 Paragraph 2, Article 18 Paragraph 1, Article 47 Paragraph 2, Article 53 Paragraph 2, Article 77, Article 88, Article 93, and Article 94 Paragraph 2. Article 69 was reformulated. It now includes a definition of the term “air navigational servicing of the flights of aircraft”. Furthermore, Articles 88 and 89 were adjusted taking into account the fact that the above-mentioned decree provided for the establishment of a “unified system of air and outer space search and rescue”.

2.1.14

The Amendment Law of July 2008: Editorial Changes

The law of 14 July 2008 realised an editorial change of Article 40 Aviation Code and an adjustment to the terminology of the “Water Code”.

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2.1.15

Amendments of July 2008: Restructuring and Redistribution of Competences of the Government and other Authorities

The purpose of the law of 23 July 2008 was restructuring slightly and redistributing the competences of the Government and other authorities. The Government no longer confirmed the lists of posts for aviation personnel (Article 52 Paragraph 1) and the procedure of organising and carrying out aircraft demonstration flights (Article 73). “The authorised body of executive power” (Article 52 Paragraph 1) and “the federal body of executive power empowered thereto by Government of the Russian Federation” (Article 73) were the competent authorities from that change on.

2.1.16

The Amendment Law of December 2008: Editorial Changes

The law of 30 December 2008 realised an editorial change of Article 114 Aviation Code and an adjustment to the terminology of the law “On the Environment”.

2.1.17

The Amendment Law of July 2009: Changes Concerning the Signs Affixed on Aircraft

According to the amendment law of July 2009 the image of the state flag of the Russian Federation shall be affixed on military transport planes used for flights abroad. The signs of nationality affixed on military, border police, police and customs aircraft, as well as on aircraft performing mobilisation and defence tasks will be defined by the Government of the Russian Federation. From the date of the entry into force of this law (1 August 2009) it was allowed to affix on state and experimental aircraft in addition to the obligatory signs of nationality and registration identification marks supplementary identification marks (defining e.g. the aircraft’s affiliation with a federal enforcement authority), board numbers, proper names, trademarks and heraldic signs. They can be affixed upon their registration.

2.1.18

The Amendment Law of July 2010: Modified Definition of “State Aviation”

According to the law of July 2010 amending Article 22 of the Aviation Code, “state aviation” is divided into military state aviation (i.e. aviation dedicated to deal with matters in the field of defence) and special-purpose state aviation (i.e. aviation used in the interest of national security, civil defence, protection against emergency situations, and also for the solution of tasks in the sphere of internal and customs affairs).

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According to the official statement of reasons prepared by the Transport committee of the State Duma, “the legislative differentiation of the specified types of the state aviation is caused by the specifics of the accomplishment by various federal bodies of the executive power of the functions assigned to them and will allow in practice: 1. the relevant federal bodies of executive power to receive direct financing for purchasing and operating of special purpose aviation equipment, passing by the Ministry of Defence of the Russian Federation; 2. to simplify the process of creation (modification, modernisation) of special purpose aviation equipment and its acceptance for arms proceeding based on the task to be fulfilled by the relevant federal body of executive power, assigning these bodies the functions of a general customer of the special purpose aviation equipment; 3. to define the special features of the procedure of the admission to operation of aircraft of the state military aviation and of aircraft of the special-purpose state aviation, both being portfolio items of the state aviation”15. According to Article 36 of the Aviation Code from the date of entry into force of the amendment law, the procedure for the admission to operation of a state aircraft shall be determined by the Government of the Russian Federation, as previously it was the prerogative of the Russian Ministry of Defence.

2.1.19

The Amendment Law of February 2011: Reform of Militia

The Amendments made by this law are connected with the reform of militia. Amongst others, Militia was renamed into Police, and the status of the latter was defined in a separate “Federal Law on Police”. In this regard, certain technical amendments had to be made to other legislation as well, including to the Aviation Code. Accordingly, the term “militia” has been replaced by the term “police” in the respective Articles of the Aviation Code (Articles 34, 52, 84, and 85).

2.1.20

The Amendment Law of April 2011 (1): Charges for Flights of Aircraft of Armed Forces and Internal Troops

The amendments concern the flights carried out by aircrafts of Armed Forces of the Russian Federation and internal troops of the Ministry of Internal Affairs of Russia (i.e. “users of the air space, exempted in accordance with the legislation of the Russian Federation from

15 See http://asozd2.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&arhiv/a_dz_5.nsf/ByID&899D8B356 CCF8334C32577230026C56B.

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the payment for the air navigational servicing and ensuring of flights of aircraft” – Article 69 Paragraph 3 of the Aviation Code). According to the Federal Law “On defence” and the Federal Law “On the internal troops of the Ministry of internal affairs of the Russian Federation” for the a.m. services provided to them, a fee shall not be charged to them, except for flights connected with commercial air transportation. Instead, the Government of the Russian Federation shall define how these expenses on servicing and ensuring flights of aircrafts of those users shall be refunded.

2.1.21

The Amendment Law of April 2011 (2): Procedures on Personal Data of Aircraft Passengers Handling

Since the respective amendments to the Aviation Code adopted in March 2005 (see 1.4) and December 2007 (see 1.11), the carriers were obliged to send personal data of aircraft passengers to special automated centralised bases. According to the previous version of the Aviation Code, the procedure of such transfer for the aviation sector had to be established by the Government of the Russian Federation. But, on the contrary, the Law on transport security stated that this has to be done for all modes of transport by the federal body of executive power authorised by the Government of the Russian Federation. To eliminate this discrepancy, the norm concerning the Government of the Russian Federation was excluded from the Aviation Code, i.e. Article 85.1 Paragraph 2 was deleted. As a result, the provisions of the Law on transport security apply in the aviation sector as well.

2.1.22

The Amendment Law of April 2011 (3): Tariffs and Charges in the Field of Civil Aviation

The amendments concern the provisions on tariffs and charges in the field of civil aviation. According to the official statement of reasons prepared by the Transport committee of the State Duma, the amendment law: 1. defines the legal nature of the tariffs (charges) for services in the field of civil aviation (including air navigation services) in accordance with international law; 2. establishes the legal framework of the state regulation of air navigation service charges for airspace users; 3. eliminates some inconsistencies of the aviation law and the Russian legislation on natural monopolies;

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4. defines the competencies of the federal bodies of executive power in the provision of services in the field of civil aviation (including air navigation services), of pricing, and of state regulation of tariffs (charges) for these services.16 Taking this into account, paragraph 1 stipulates that the services in this area are rendered on a payable basis, unless otherwise provided by the Russian legislation. In the past, the authorised body in the field of aviation had to determine the rules for the formation and application of tariffs and colleting of charges. Since the entering of force of the amendments, the a.m. body establishes the list of tariffs and charges, the rules of their formation, and the collection of the payments calculated in accordance with these rules. Furthermore, according to the changes introduced by the amendment law, the tariffs and rates of charges concerning the services related to the sphere of natural monopoly have to be established taking into account the respective legislation. Finally, some of the amendments refer to the charges for air navigation service of flights of aircraft of users of the airspace. The procedure of their state regulation is defined by the Government of the Russian Federation, whereas the respective rates are defined by the federal body in the field of aviation.

2.1.23

The Amendment Law of July 2011: Strengthening the State Control (Supervision)

The amendment law, amongst others, redefines the specifics of state control (supervision) in sphere of aviation. Therefore, the complete Chapter IV of the Aviation Code has been re-drafted. Articles 27 and 29 to 31 have been repealed. Article 28 has been changed and extended significantly. The aim of these changes was to: – strengthen the system of state control (supervision) and the system of authorised bodies of federal executive power empowered to perform the state control (supervision); – define the object and the reasons for scheduled and unscheduled inspections; – establish more frequent regular inspections as before (at least once in two years instead of once in three years); and – facilitate unscheduled on-site inspections without prior notice.

16 See http://asozd2.duma.gov.ru/main.nsf/%28ViewDoc%29?OpenAgent&arhiv/a_dz_5.nsf/ByID&4437699B 34D0E0B2C32577570035E07C.

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2.1.24

The Amendment Law of November 2011: Roscosmos’ Flight Activities as Special-Purpose State Aviation

The changes to Article 22 of the Aviation Code of the Russian Federation aimed at assignation to the flights of aircraft of the Russian Federal Space Agency (Roscosmos) the status of the special-purpose state aviation. This takes into account the specifics of the tasks dealt with by Roscosmos in the field of guaranteeing space activities of the Russian Federation, i.e. the ensuring of the training of cosmonauts (astronauts) by using aircraft for their carriage and the provision of special flight training of cosmonauts (astronauts).

2.1.25

The Amendment Law of December 2011: Customs Union Matters

The amendment law brought, amongst others, the Aviation Code in accordance with the legislation of the Eurasian Economic Community customs union, whose members are Belarus, Kazakhstan, and Russia, as well as with the Law “On Customs Regulation in the Russian Federation”. Therefore, in Article 112 of the Aviation Code, the reference to “the Customs Law of the Russian Federation” was replaced by the reference to “the customs legislation of the Custom Union in the framework of the Eurasian Economic Community and (or) the legislation of the Russian Federation on customs affair”.

2.1.26

The Amendment Law of June 2012: Changes to Obligatory Civil Liability Insurance of Carriers

Taking into account the fact that the a.m. law leaves this question open for a regulation in the law on the different modes of transport, a definition on the term “passenger” was added to the Aviation Code (Article 100 Paragraph 2). Thus, passengers of an aircraft are natural persons who concluded an agreement on passenger air carriage or natural persons for the carriage of a contract of aircraft charter has been concluded (air charter). Furthermore, Article 117 Paragraph 1 underwent some editorial changes unifying its text with the wording of the Laws and Codes regulating carrier’s liability in other modes of transport. Finally, some of the amendments are caused by the introduction of obligatory insurance of the civil liability of carriers for damages to the life, the health, and/or the property of a passenger in the other transport modes (except the subways and taxis) as of 1 January 2013. Aiming at the unification of the legislation on obligatory insurance, the respective provisions in the Aviation Code (Article 133) refer to the federal law, i.e. the Federal Law “On mandatory insurance of civil liability of the carrier for damages to passengers” containing the details on this matter.

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2.1.27

Subsequent Amendments to the 1997 Aviation Code and New Aviation Legislation The Amendment Law of July 2012: Implementation of International Standards in the Field of Public Oversight of Aviation Training

In the process of developing subordinated regulations concerning the implementation of international standards in the field of safety oversight deriving mainly from the Chicago Convention and its Annexes, it has been revealed that there were gaps in the aviation legislation of the Russian Federation and the elimination of demanded modifications to the Aviation Code of the Russian Federation. Therefore, this Federal Law “On Amendments to the Aviation Code of the Russian Federation” has been adopted to modify the provisions of the aviation legislation of the Russian Federation with regard to the implementation of the standards of Annex 1 “Personnel Licensing” to the Convention on International Civil Aviation. In this context, it has been laid down that: – educational departments of organisations providing training of aviation personnel of the civil aviation sector need to be certified; – the lists of aviation personnel for each kind of aviation shall be defined by authorised bodies in sphere of civil, state, and experimental aviation, respectively; – only persons holding a corresponding certificate are allowed to perform various functions as experts of the civil aviation personnel. Such certificates shall be issued by the body authorised in the field of civil aviation; – the rules for checking the compliance of applicant’s skills necessary for obtaining such certificates with the requirements of federal aviation regulations, as well as the issuance of these documents shall be established by the Government of the Russian Federation; – the procedure for drawing up and the form of certificates shall be determined by federal aviation regulations; and – pilots of light and ultralight civil aircraft of the general aviation may be trained by individual persons having a certificate bearing a mark about the right to provide such training.

2.1.28

The Amendment Law of December 2012: Introduction of a State Safety Management System

The Amendment law – adopting the Standards and Recommended Practices of Annexes 1, 6, 8, 11, 13, and 14 to the Chicago Convention – introduces a new article on the safety of civil aircraft (Article 24.1). Its main provisions may be summarised as follows: The implementation of state safety management system in Russia should be provided in accordance with international standards of the International Civil Aviation Organization. In addition, the Government of the Russian Federation shall establish the procedure for the development and use of safety management systems by a number of legal entities

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(designers and manufacturers of aircraft, as well as organisations carrying out maintenance of aircraft, air navigation services), organisations and individual entrepreneurs engaged in commercial air transport, as well as educational institutions conducting training of pilots. The procedure applies to aircraft, the design, production, operation, or maintenance of which is carried out by these persons. The authorised body in the field of civil aviation is obliged to collect and analyse data on the hazards and risks that endanger the safety of flights and the storage and exchange of data in accordance with the standards of the International Civil Aviation Organization. This shall be done in the manner prescribed by the Government of the Russian Federation.

2.1.29

The Amendment Law of June 2013: Air Travel of Persons with Reduced Mobility and People with Other Disabilities

The amendment law concerns the air travel of persons with reduced mobility and people with other disabilities. The previous version of Article 107 of the Aviation Code allowed the air carriers to refuse carriage of passenger in connection with their state of health, which – confirmed by respective medical documents – may demand special conditions of air transportation or threaten the safety of the passenger or other persons or may create disorder and ineradicable inconveniences for other persons. Undoubtedly, this condition was directed towards the safety of air transport, but it could be used by an air carrier for removal from flight of passengers with disability without further explanation only because their carriage might demand special conditions. Thus, handicapped persons, including disabled people, were unprotected by the law against the arbitrariness of airlines which they could face when using air transport. Such a situation violated the rights of disabled people to use transport services. It was absolutely inadmissible neither from the point of view of civil law nor in connection with the intention of the Russian Federation to ratify the Convention on the Rights of Persons with Disabilities, the United Nations General Assembly adopted on 13 December 200617 recognising the importance for disabled people of their personal independence and obliging the participating states to promote individual mobility of disabled people in the ways chosen by them and in time chosen by them.18 Taking this into account, the amended Aviation Code, for the first time, proclaims the principle of equal treatment of all passengers in the Russian Federation. In line with this, the amendments prohibit the refusal to carry such passengers due to lack of required 17 United Nations, Treaty Series, Vol. 2515, p. 3. 18 See http://asozd2.duma.gov.ru/main.nsf/(ViewDoc)?OpenAgent&work/dz.nsf/ByID&5A8160A13CDB575DC 32578C6004781BA

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facilities and equipment. Therefore, the new provisions introduce requirements for equipment needed to assist disabled people in airports and on board Russian aircraft. Furthermore, a list of free services to be provided to such persons has been established including but not limited to support and assistance in moving through the airport, provision of special equipment for the movement, boarding an aircraft and disembarking from it, etc. It also establishes rules on the training and periodic certification of airport and airline personnel in assisting passengers with special needs.

2.1.30

The Amendment Law of July 2013: Streamlining of Terminology with the Law on Education

The amendments derive from the adoption of the new Law on Education. All changes are of clarifying nature only. The main goal of the Amendment Law is to streamline the terminology used in different pieces of the Russian legislation. Therefore, in the Aviation Code the term “educational institutions and educational departments of organisations performing functions of training” has been substituted by the term “educational organisations and organisations performing training” (Articles 8 and 54).

2.1.31

The Amendment Law of April 2014 (1): Foreigners as Crew Members of Russian Aircraft

In the past, foreigners could be part of the flight crew of a Russian aircraft of the commercial aviation as an intern only with the proviso that he was not acting as captain of the aircraft. The deficiency of trained flight personnel led to a significant change in this approach. The Amendment Law abrogates these limitations of the crew membership in Russian aircraft engaged in the commercial civil aviation to citizens of the Russian Federation and for the first time in Russia’s history provides the legal basis for inclusion of foreigners into the crew of Russian civil aircraft exercising or performing commercial transportation or aerial works. According to the amendments, foreigners can hold the position of a crew member in commercial aviation if they conclude a respective employment contract with a Russian legal entity or an individual entrepreneur carrying out commercial air transport or performing aviation works. According to Article 14 Paragraph 1 Subparagraph 4 of the “Law on the legal status of foreigners in the Russian Federation”, foreigners can hold the position of an aircraft commander in commercial aviation. However, such an employment contract may be concluded within 5 years from the entry into force of the amendments (i.e. within 5 years from 21 July 2014) only. Article 3 Paragraph 1 Amendment Law stipulates:

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The employment contract referred to in Subparagraph 2 of Paragraph 5 of Article 56 of the Aviation Code of the Russian Federation (as amended by this Federal Law), may be concluded within five years from the date of entry into force of this Federal Law. Furthermore, foreigners, provided that the other members of the flight crew of the aircraft are citizens of the Russian Federation, may be included in a flight crew for their training to obtain an admission to the professional activity as a flight crew member (licence). The Government of the Russian Federation shall determine further detail of such an employment: The maximum number of foreign nationals who may be employed in accordance with Article 56 of the Aviation Code of the Russian Federation (as amended by this Federal Law), the order of distribution of the maximum number of foreign nationals being employed in accordance with Article 56 of the Aviation Code of the Russian Federation (as amended hereof ) between Russian legal entities and individual entrepreneurs carrying out commercial air transport or performing aerial work, as well as the conditions under which an employment contract with a foreign national is permitted, shall be established by the Government of the Russian Federation. (Article 3 Paragraph 2 of the Amendment Law)

2.1.32

The Amendment Law of April 2014 (2): Conditions for the Reimbursement of the Amount Paid on the Contract for the Carriage by Air

The amendments concern contracts of air carriage of the passenger providing or not providing conditions for the reimbursement of the amount paid on the contract for the carriage by air in case of the termination of the contract. The amendments empower airlines and passengers the right to conclude contracts of carriage by air with different conditions, providing the passenger the chance to purchase as more expensive, but, therefore, fully refundable tickets or low-cost ones with reduced or no reimbursement of the amount paid for the carriage by air. A general rule applies that – if the contract provides such conditions – in case of termination of the contract at the initiative of a carrier, the amount paid with the deduction of a penalty of twenty-five percent of the transportation payment and of the sum of expenses the carrier actually incurred and connected to the performance of obligations under the contract of carriage by air will be reimbursed to the passenger. If the specified conditions

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are missing, there will be made no reimbursement of the amount paid to the passenger (except for the unused sums levied by the carrier in favour of other organisations according to the legislation of foreign states, from territories of which, on territories of which, or through territories of which the carriage by air of the passenger is carried out). Prior to the entry into force of the Amendment Law in case of termination of the contract at the initiative of a passenger at least 24 hours before departure, the complete amount paid on the contract for the carriage by air had to be reimbursed to the passenger. The amendments establish that in case of a contract providing conditions for the reimbursement of amounts paid, the carrier may deduct the own cost and expenses related to the performance of obligations under the contract. Irrespective of the kind of air ticket (refundable or non-refundable), if the passenger terminates the contract for good reasons (illness of the passenger or of a close relative, death of a family member or a close relative) and if the passenger notifies the carrier before the end of the passengers’ check-in time on the flight indicated in the ticket, the amount paid on the contract for the carriage by air shall be reimbursed to the passenger completely. The same applies to cases of termination in connection with a departure delay. Furthermore, the amendments added a provision stipulating that unruly passengers, who have been removed from the flight before the start, cannot demand the reimbursement of any amount paid for the unused ticket.

2.2

2.2.1

Other Aviation-Related Legislation

Aviation Security – Shooting Down Aircraft

In Russia, the shooting down of aircraft that terrorists intend to use as flying weapons is specifically allowed. On 26 February 2006, the State Duma adopted the law “On Counteraction of Terrorism”. The Federation Council approved the law on 1 March 2006. With the signature of Russian President Vladimir V. Putin, the law entered into force on 6 March 2006.19 Article 7 concerning the shooting down of an aircraft “Suppressing Terrorist Acts in the Air” reads as follows: 1. The Armed Forces of the Russian Federation shall use their weapons and military equipment in the procedure established by normative legal acts of the Russian Federation for the purpose of removing the threat of a terrorist act in the air or for the purpose of suppressing such terrorist act. 19 See http://www.rg.ru/2006/03/10/borba-terrorizm.html.

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2. If an aircraft does not react to radio commands of ground control centres to stop violating the rules of using the air space of the Russian Federation and (or) to radio commands and visual signals of the aircraft of the Armed Forces of the Russian Federation sent to intercept it, or refuses to follow radio commands or visual signals not explaining the reasons for it, the Armed Forces of the Russian Federation shall use their weapons and military equipment for preventing the flight of the said aircraft by way of forcing it to land. If the aircraft does not obey the demand to land and there is a real danger of the loss of life or the onset of an ecological catastrophe, the weapons and military equipment shall be used for preventing the flight of the said aircraft by way of destroying it. 3. Where there is reliable information about the probable use of an aircraft for committing an act of terrorism or about the occupation of an aircraft and, with that, all measures required under the circumstances for its landing have been taken and there is a real danger of the loss of life or the onset of an ecological catastrophe, the Armed Forces of the Russian Federation shall use their weapons and military equipment for preventing the flight of the said aircraft by way of destroying it. The Russian Military had demanded this regulation for quite some time in order to be able to prevent attacks with hijacked airplanes similar to those of 11 September 2001 in the USA. The General responsible for air safety above Moscow declared several times in the past that he would shoot down an aircraft in the hands of terrorists without legal basis if necessary. In order to execute the Federal Law “On counteractions of Terrorism”, the Government adopted the Decision of the Government of 6 June 2007 No. 352 approving (amongst others) the “Regulation on the use of weapons and military equipment of the Armed Forces of the Russian Federation for the elimination of a threat of a terrorist act in the air or the suppression of such a terrorist act”20. It reads as follows: 1. This Regulation defines the order of use of weapons and military equipment of the Armed Forces of the Russian Federation to eliminate the threat of a terrorist act in the air or to suppress such terrorist act. 2. Weapons and military equipment of the Armed Forces of the Russian Federation shall be used: a) in the case of violation of the rules of use of the airspace of the Russian Federation: 20 Sobranye zakonodatel’stva Rossiyskoy Federacii, 11 June 2007, No. 24, Art. 2921.

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• if the aircraft does not respond to radio ground control to stop violating the rules for the use of the airspace of the Russian Federation and (or) to radio and visual signals raised by aircraft of the Armed Forces of the Russian Federation in order to intercept it, or refuses to obey radio commands and visual signals without explanation – to suppress the flight of the aircraft by forced landing; • if the aircraft is not fulfilling the orders to land and there is a real danger of loss of life or the eventuation of an ecological disaster – to stop the flight of an aircraft by destroying it; b) in case of the availability of reliable information about the possible use of aircraft to commit a terrorist act or of the seizure of the aircraft and the real danger of loss of life or the eventuation of an ecological disaster (assuming that all measures matching the prevailing circumstances and necessary for its landing were exhausted) – to stop the flight of an aircraft by destroying it. 3. Measures to eliminate the threat of a terrorist attack in the air or to curb such terrorist act should be taken by troops (forces) of the types (of the types of military forces) of the Armed Forces of the Russian Federation, attracted to the performance of tasks in the field of the air defence. The use of weapons and military equipment is based on the principle of proportionality of the applied measures to the degree of terrorist threat, as well as on other principles of counterterrorism, described in the Federal Law “On Combating Terrorism”. 4. The degree of the threat of a terrorist act is determined based on information from operational entities of the unified air traffic management system, about an inappropriate behaviour of an aircraft in the air space of the Russian Federation, as well as on information received from the means on duty of the radar reconnaissance service of the radar troops of the Air Forces and other reconnaissance assets (including visual ones), about aircraft flying in the airspace of the Russian Federation in violation of the rules, including approaching the border of a non-flying zone (restricted area) over objects without special permission, or about its sudden detection in the airspace of a restricted area. 5. In case an aircraft is violating the airspace of the Russian Federation, the crew of the aircraft are transmitted internationally recognised ground control radio commands and (or) radio commands, as well as visual signals originating from an aircraft of the Armed Forces of the Russian Federation taken off to intercept from a distance guarantying their observation.

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If the aircraft does not respond to these radio commands and visual signals or refuses to obey them without explanation, the aircraft is forced to land by the aircraft of the Armed Forces of the Russian Federation by way of use of weapons. In case the aircraft is not backing down to the order to perform the landing and there is a real danger of loss of life or the eventuation of an ecological disaster, including in the event of an imminent threat of air attacks on objects of the Russian Federation to be covered up by the Armed Forces of the Russian Federation, weapons and military equipment shall be used to suppress flight of the aircraft by destroying it. If there is no real danger of loss of life and (or) of eventuation of an ecological disaster, weapons and military equipment to defeat shall not be used. 6. When in relation to an aircraft, weapons and military equipment are used to defeat: a) the crew of the aircraft of the Armed Forces of the Russian Federation before using weapons to defeat warns the crew of the aircraft by applying radio controls and visual signals and – having gun armament (when respective conditions are met) – by performing a warning fire. The decision to perform a warning fire shall be taken by the crew commander of the aircraft of the Armed Forces of the Russian Federation and immediately transmitted to the command post; b) in the absence of the possibility of using aircraft of the Armed Forces of the Russian Federation, ground (ship-based) weapons of air defence shall be used. The warning on the use of weapons against aircraft shall be carried out by using radio communication means; c) the use of weapons and military equipment shall be ceased when the crew of the aircraft performs the radio control orders addressed to him, visual signals, and (or) commands issued by the aircraft of the Armed Forces of the Russian Federation by performing warning fire; d) weapons and military equipment can be applied to the aircraft on defeat without a warning if there is credible information about the possible use of aircraft to commit a terrorist act or of the seizure of the aircraft and there is a real danger of loss of life or the eventuation of an ecological disaster (provided that – due to the prevailing circumstances – all measures necessary for its landing have been exhausted). 7. The reliability of information about the use of aircraft to commit a terrorist act or of the seizure of an aircraft is determined by officials in the manner prescribed by the Ministry of Defence of the Russian Federation together with the Federal Security Service of the Russian Federation.

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8. In case of the use of weapons and military equipment against an aircraft, the necessary measures shall be taken: to ensure the flight safety during the interception of aircraft and to prevent violations by the aircraft of the Armed Forces of the Russian Federation of the airspace of neighbouring countries and hits of weapons (rockets, missiles, etc.) into the territory of neighbouring states; to exclude involvement of other aircraft, to prevent the death of people in the area, and (or) the eventuation of an ecological disaster caused by the use of weapons and military equipment. 9. The procedure of decision-making on the use of weapons and military equipment for the purposes specified in this Regulation, and the officials taking such a decision, shall be determined by the Minister of Defence of the Russian Federation.

2.2.2

Law “On the State Registration of Rights in Aircraft and Transactions therewith”

On 14 March 2009, Russian President Dmitry A. Medvedev signed Federal Law No. 31FZ “On the State Registration of Rights in Aircraft and Transactions therewith”. The law was published in the Rossiyskaya gazeta and the Parlamentskaya gazeta on 17 March 2009. In accordance with Article 23 of the law, it entered into force 180 days after its publication, i.e. on 14 September 2009. A group of delegates had already introduced a first draft of the law in the Duma in September 2001, but withdrew it later. Two other groups of delegates also introduced bills in January 2003 and April 2003 which were both rejected by the Duma in the first reading. The Government submitted their own proposal to the Duma in August 2003 which eventually formed the working basis for the present law. The first reading took place on 1 April 2004, but the second and third reading were then only completed 5 years later, on 11 and 25 February 2009. The Federation Council adopted the law on 4 March 2009. The Law has been amended once since – by Article 64 of the Federal Law of 1 July 2011 No. 169-FZ “On amendments to certain legislative acts of the Russian Federation”21 aiming at simplifying the presentation of documents by applicants for the registration of rights in aircraft. The Law is aimed at implementing priority rules for the protection of ownership rights and the development of mortgage lending and aircraft leasing. Pursuant to this Law, the existence, appearance, transfer, termination, and restriction (encumbrance) of titles and other proprietary rights in aircraft are subject to state registration, as are transactions

21 Sobranye zakonodatel’stva Rossiyskoy Federacii, 4 July 2011, No. 27, Art. 3880.

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involving aircraft, if the state registration of such transactions is stipulated by the Civil Code of the Russian Federation. This Federal Law contains a list of the grounds for state registration of title to aircraft, establishes the requirements to the documents to be filed for such registration, provides the grounds for such state registration suspension and the grounds for registration refusal. Furthermore, the Law regulates state registration of joint title to aircraft, and registration of title to aircraft as a result of the court order. The Law provisions stipulate that the state registration of title to aircraft is the only proof of existence of the registered title to such aircraft. The registered title to an aircraft may only be disputed through judicial procedures. Title to aircraft and transactions are subject to registration if registration of such transactions is provided by the Civil Code of the Russian Federation. An aircraft shall be registered in the Unified State Register of Title to Aircraft and Transactions therewith. The procedure involves the creation of a ledger file for each registered aircraft containing entitling documents and all other documents filed for the state registration of the title to such aircraft. The data contained in the register is considered public information and may be provided to any person carrying an ID within five business days from the date of filing an application to issue such data. The registration procedure involves the legal examination of the documents including the verification of the legitimacy of any transactions with aircraft. It should be noted that registration of aircraft title transfer, limitation of such title (encumbrances), and aircraft associated transactions are possible only if there has been an earlier state registration of the title to the particular aircraft in the Unified State Register of Title to Aircraft and Transactions therewith. However, the title to aircraft and transactions therewith, which existed before the Federal Law No. 31-FZ entered into force, are recognised as legally valid without their obligatory state registration.22 In order to execute the Law, the following subordinated regulations (“by-laws”) were adopted: – Regulation of the Government of the Russian Federation of 28 November 2009 No. 958 “On the adoption of the Rules of the running of the Unified State Register of rights in aircraft and transactions therewith”23 This Regulation prescribes the rules of running of the Unified State Register of rights in aircraft and transactions therewith, the forms of certificates of state registration of

22 LEGISLATION REVIEW, New Developments in Russian Legislation, 16–20 March 2009, at 2, prepared by D. Ivanova and V. Shishov, lawyers with Law Firm Liniya Prava (www.lp.ru). 23 Sobranye zakonodatel’stva Rossiyskoy Federacii, 7 December 2009, No. 49, Art. 5961.

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rights in aircraft and special registration inscription, the procedures how to fill them in, the procedures of handling cases containing documents of title to aircraft, and the books of registration of documents, the form of extracts from the Unified State Register of Rights in Aircraft. – Regulation of the Government of the Russian Federation of 27 February 2010 No. 100 “On the procedure of the appointment of the Registrars, dealing with the state registration of rights in aircraft and transactions therewith, as well as on the qualification requirements to them”24 This regulation defines that registrars conducting state registration of rights in aircraft and transactions therewith may be appointed persons occupying federal civil service posts in the Federal Air Transport Agency. – Regulation of the Government of the Russian Federation of 31 May 2010 No. 378 “On the collection of fees for the provision of information on registered rights in aircraft, the issuance of documents describing the content of unilateral transactions in an easy to prepare written form”25 Fees to be paid for such services are defined in the amount of 100 Roubles for natural persons and 300 for legal persons. – Order of the Ministry of Transport of the Russian Federation of 6 May 2013 No. 170 “On the adoption of the Administrative regulation of the Federal Air Transport Agency on the provision of state services of the state registration of rights in aircraft and transactions therewith”26 This Administrative Regulation defines the timing and sequencing of administrative procedures (actions) of the Federal Air Transport Agency and the procedures of collaboration of Rosaviatsia with the applicants in the course of the provision of state services of the registration of rights in aircraft and transactions therewith.

2.3

Conclusion

Overall it can be said that the Aviation Code adopted in 1997 has passed its practical test. The amendments adopted in the past years were reactions to international developments (e.g. fighting terrorism, transfer of PNR data, introduction of safety management systems) or concern issues that had to be tackled in Western aviation in the various phases of its development as well (e.g. strikes of air traffic control personnel, further development of accident investigation). Formerly existing limitations (e.g. the flight crew had to be Russian nationals in normal, i.e. non-training, air traffic) have been reconsidered as the Russian 24 Sobranye zakonodatel’stva Rossiyskoy Federacii, 8 March 2010, No. 10, Art. 1087. 25 Sobranye zakonodatel’stva Rossiyskoy Federacii, 7 June 2010, No. 23, Art. 2839. 26 Sobranye zakonodatel’stva Rossiyskoy Federacii, 7 June 2010, No. 23, Art. 2839.

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airlines further developed their international activity, e.g. extended their route networks or established international subsidiaries. Without this appropriate amendment of aviation legislation, a sensible fleet- and crew-assignment management would be unimaginable, which would lead to significant competitive disadvantages. Therefore, it is not reasonable why the attraction of foreigners as members of a Russian aircrew is limited to five years (only). Areas in which the Russian position seemed to be cemented for years are now being reconsidered. For example, Russia now no longer displays a hostile and defensive attitude towards technical cooperation with foreign authorities (previously regarded as “interference in state sovereignty”). However, even more attention has to be paid to technical matters of flight operation safety. The Russian aviation authorities and the European Union are in close contact concerning this aspect. Further amendments of the Russian aviation law will certainly be required in this context.

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Adopted by the State Duma on 19 February 1997 Approved by the Council of the Federation on 5 March 1997 (as amended by the Federal laws of 8 July 1999 No. 150-FZ, of 22 August 2004 No. 122-FZ /in the version of 29 December 2004/, of 2 November 2004 No. 127-FZ, of 21 March 2005 No. 20-FZ, of 18 July 2006 No. 114-FZ, of 18 July 2006 No. 115-FZ, of 30 December 2006 No. 266-FZ, of 26 June 2007 No. 118-FZ, of 8 November 2007 No. 258-FZ, of 1 December 2007 No. 314-FZ, of 4 December 2007 No. 326-FZ, of 4 December 2007 No. 331-FZ, of 4 December 2007 No. 332-FZ, of 14 July 2008 No. 118-FZ, of 23 July 2008 No. 160-FZ, of 30 December 2008 No. rend="no indent"309-FZ, of 18 July 2009 No. 179-FZ, of 23 July 2010 No. 183-FZ, of 7 February 2011 No. 4-FZ, of 5 April 2011 No. 46-FZ, of 5 April 2011 No. 50-FZ, of 5 April 2011 No. 51-FZ, of 18 July 2011 No. 242-FZ, of 22 November 2011 No. 332-FZ, of 6 December 2011 No. 409-FZ, of 14 June 2012 No. 78-FZ, of 28 July 2012 No. 129-FZ, of 25 December 2012 No. 260-FZ, of 7 June 2013 No. 124-FZ, of 2 July 2013 No. 185-FZ, of 20 April 2014 No. 73-FZ and of 20 April 2014 No. 79-FZ) This Code establishes the legal fundamentals of the exploitation of the airspace of the Russian Federation and of activities in the field of aviation. The state regulation of the exploitation of the airspace and of activities in the field of aviation is aimed at guaranteeing the needs of the citizens and the economy in air transportation and aerial work, as well as guaranteeing the defence and security of the state, the safeguarding of state interests, the safety of flights of aircraft, and aviation and environmental safety.

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Translation from Russian produced by Elmar M. Giemulla, Heiko van Schyndel on the basis of the translation of the 1997 Aviation Code prepared by the latter together with Andrew Muriel (†, formerly: DLA Piper Moscow) and Neil Budd (SGH Martineau, London).

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Chapter 1 GENERAL PROVISIONS

Article 1 Sovereignty with regard to the airspace of the Russian Federation 1. The Russian Federation shall have complete and exclusive sovereignty over the airspace of the Russian Federation. 2. The airspace of the Russian Federation is considered to be the airspace over the territory of the Russian Federation, including the airspace over internal waters and the territorial seas. .

Article 2 Aviation legislation of the Russian Federation 1. The aviation legislation of the Russian Federation consists of this Code, federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation, federal regulations of the exploitation of the airspace, federal aviation regulations, as well as other legislative instruments of the Russian Federation adopted in accordance with these documents. 2. The federal regulations of the use of the airspace and federal aviation regulations are legislative instruments governing relationships in the field of the exploitation of the airspace and in the field of aviation, and adopted in accordance with the procedure established by the Government of the Russian Federation.

Article 3 International agreements of the Russian Federation If an international agreement to which the Russian Federation is a party sets forth provisions which differ from the provisions of this Code the provisions of the international agreement shall be applied.

Article 4 Responsibility for the violation of the aviation legislation of the Russian Federation Persons who are guilty of violation of aviation legislation of the Russian Federation shall bear responsibility in accordance with the legislation of the Russian Federation.

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Article 5 Relationships regulated by the aviation legislation of the Russian Federation The aviation legislation of the Russian Federation shall regulate the relationships in the field of the exploitation of airspace, relationships arising in connection with activities in the field of aviation in the territory of the Russian Federation, as well as relationships arising in connection with the presence of aircraft of the Russian Federation outside its borders, if not provided for otherwise by the laws of any country in whose airspace the aircraft is at the relevant time situated or an international agreement of the Russian Federation, or relationships arising in connection with the flights of foreign aircraft in the airspace of the Russian Federation, if not provided for otherwise by an international agreement to which the Russian Federation is a party.

Article 6 The term of authorised bodies In this Code the concept of authorised bodies is considered to mean the federal bodies of executive power, as well as bodies vested with the powers of the federal body of executive power in the relevant field of activity by federal laws, a decree of the President of the Russian Federation or a decision of the Government of the Russian Federation and to which the responsibility of this body has been transferred.

Article 7 Appurtenances of aviation property In accordance with the legislation of the Russian Federation the property of civil and experimental aviation – aircraft, aerodromes, airports, technical means and other property necessary for ensuring the flights of aircraft – can be in state or municipal ownership or the ownership of natural persons, legal entities, and the same property of the state aviation and the objects of the unified system of air traffic organisation can be only in federal ownership, with the exception of the property of the aviation of internal affairs organs, which can be in the ownership of the Subjects of the Russian Federation.

Article 8 Obligatory certification and attestation in the field of civil aviation 1. Subject to obligatory certification are legal entities being designers and manufacturers of aircraft and other aviation technology; natural persons and legal entities performing,

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and (or) providing commercial air carriage and aerial work; legal entities charged with the technical maintenance and repair of aviation technology; aerodromes and airports; educational organisations and organisations performing training of specialists to qualify the latter according to the list of specialist of the aviation personnel; aircraft, aviation engines, propellers, on-board and ground aviation equipment and other objects, as well as legal entities whose activities are directly linked with guaranteeing of the safety of flights of aircraft or aviation security. 2. Aviation personnel shall be subject to obligatory attestation. 3. Obligatory certification and attestation shall be carried out by authorised bodies to whom the organisation and performance of the function of obligatory certification and attestation has been allotted. The requirements of performance of obligatory certification, attestation and state registration, as well as the procedure of its performance, shall be established by the federal aviation regulations and shall be binding for all the federal bodies of executive power, bodies of executive power of the Subjects of the Russian Federation and also for natural persons and legal entities. 4. The performance of the obligatory certification shall be rendered for a fee.

Article 9 Licensing of activities in the field of aviation 1. Several types of activities in the field of aviation may be performed by legal entities and individual entrepreneurs on the basis of licences issued in accordance with the legislation of the Russian Federation 2. (Repealed.) 3. The issuing of appropriate licences to individual entrepreneurs and to legal entities as set out in Article 8 of this Code in the absence of certificates shall be prohibited. 4. The issuing of an appropriate licence to a legal entity or an individual entrepreneur can – in accordance with the legislation of the Russian Federation – be connected with the condition to carry out socially important air transportation and (or) aerial work. 5. (Repealed.) 6. (Repealed.) 7. (Repealed.)

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Article 10 Suspension of the validity of the certificate and (or) licence or their revocation 1. The validity of certificates can be suspended; similarly its validity can be limited by the bodies which have issued these documents following the procedure established by the federal aviation regulations. 2. A certificate can be revoked by the bodies which have issued these documents following the procedure established by the federal aviation regulations.

Chapter 2 STATE REGULATION OF EXPLOITATION OF AIRSPACE

Article 11 Exploitation of airspace 1. The exploitation of airspace is an activity which consists of the performance of the movement in airspace of various material objects (aircraft, missiles and other objects), as well as other activity (construction of high-rise structures, activities which result in electromagnetic and other types of radiation, discharge into atmosphere of substances impairing visibility, making explosions and similar) which may endanger the safety of air traffic. 2. Airspace operators shall be individuals and legal entities given the right, according to the established procedure, to engage in activities for the use of airspace.

Article 12 State regulation of airspace exploitation 1. The state regulation of airspace exploitation shall be considered as the establishing of the general rules by the state of such activities as well as the responsibility for the observance of these rules. 2. The state regulation of the airspace exploitation shall be carried out by the authorised body in the field of airspace exploitation.

Article 13 State priorities in the exploitation of airspace 1. All the exploiters of airspace shall have equal rights to its exploitation.

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2. In case of the need to use the airspace by two or more exploiters at the same time the right to its exploitation shall be given to the exploiters in accordance with the state priorities in the following order: 1) the repelling of an air attack, precluding or halting an attempt to violate the state border of the Russian Federation or armed intervention into the territory of the Russian Federation; 2) the rendering of help in emergencies caused by natural calamities or emergencies of technical character; 3) the launching, landing and evacuation of spacecraft and their crews; 4) the preclusion and stopping of violations of the federal regulations of airspace exploitation; 5) flights of aircraft, including those in the interests of defence and state security, or other activity to exploit the airspace carried out in accordance with the decisions of the Government of the Russian Federation or according to the procedure established by the Government of the Russian Federation; 6) flights of aircraft or other activity to exploit the airspace carried out in accordance with special agreements; 7) flights of state aviation aircraft in cases of sudden check-ups of combat readiness, as well as of a shift of the base of state aviation units; 8) scheduled air transportation of passengers and luggage; 9) flights of state aviation aircraft; 10) flights of experimental aviation aircraft; 11) scheduled air transportation of cargo and mail; 12) non-scheduled air transportation, carrying out aerial work; 13) training, sports, demonstration and other measures; 14) flights of aircraft and other activity to exploit the airspace for the purpose of satisfying the needs of the population.

Article 14 Organisation of airspace exploitation 1. The organisation of airspace exploitation presupposes the ensuring of safe, economical and regular air traffic as well as of other operations for the exploitation of airspace. The organisation of airspace exploitation includes: 1) the establishing of the structure and classification of the airspace; 2) the planning and coordinating of airspace exploitation in accordance with state priorities, provided for by Article 13 of this Code; 3) the safeguarding of a permission or information procedure for airspace exploitation;

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4) the organisation of air traffic which covers: • the air traffic service (control); • the organisation of air traffic flow management; • the organisation of airspace for the purpose of ensuring the air traffic service (control) and the organisation of air traffic flow management; 5) the control over the observance of the federal regulations regarding the exploitation of airspace. 2. The organisation of the exploitation of airspace is carried out by the authorised body in the field of airspace exploitation, the bodies of the single system of the organisation of air traffic, as well as by the bodies of airspace exploiters – the bodies of the air traffic service (control) in the zones and regions specified for them in accordance with the procedure established by the Government of the Russian Federation. The regulations on the single system of the organisation of air traffic shall be issued by the Government of the Russian Federation.

Article 15 Airspace structure The airspace structure includes zones, regions and routes of air traffic service (air routes, local air routes and similar), regions of aerodromes and air terminals, special zones and air routes, prohibited areas, dangerous areas (regions of firing grounds, explosion works and similar), areas of restricted flights of aircraft and other elements of airspace structure established for the activities in airspace. The airspace structure shall be approved according to the procedure established by the Government of the Russian Federation.

Article 16 Procedure for the use of airspace A permission or information procedure for airspace exploitation shall be established in compliance with the structure and classification of airspace, the federal regulations of the exploitation of the airspace. In the cases provided for by Subparagraphs 1 to 4 of Paragraph 2 of Article 13 of this Code, the appropriate body of the single system of the organisation of air traffic shall be informed.

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Article 17 Prohibition or restriction of airspace exploitation The exploitation of airspace or of its separate areas can be prohibited or restricted according to the procedure established by the Government of the Russian Federation.

Article 18 Control over the observance of the federal regulations of the airspace exploitation 1. The control over the observance of the federal regulations of airspace exploitation shall be exercised by the authorised body in the field of airspace exploitation, the bodies of the single system of the organisation of air traffic, the authorised body in the field of defence in cases of detection of aircraft-transgressors of the airspace, as well as the bodies of airspace exploiters – the bodies of the air traffic service (control) in the areas and regions under their control. 2. The bodies mentioned in Paragraph 1 of this Article, as well as airspace exploiters must take measures provided for by the legislation of the Russian Federation for preventing and (or) curtailing violations of the federal regulations of the space exploitation.

Article 19 Liability for the violation of the federal regulations of airspace exploitation The violation of the federal regulations of airspace exploitation shall entail liability in accordance with the legislation of the Russian Federation.

Chapter 3 STATE REGULATION OF ACTIVITY IN THE FIELD OF AVIATION

Article 20 Types of aviation Aviation is divided into civil, state and experimental aviation.

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Article 21 Civil aviation 1. Civil aviation is aviation with the purpose of meeting the needs of the individuals and the economy. 2. Civil aviation used for the rendering of services (through the transportation of passengers, luggage, cargo, mail) and (or) for aerial work shall be considered to be commercial civil aviation. 3. Civil aviation not used for commercial air transportation and for carrying out aerial work shall be considered to be general aviation.

Article 22 State aviation 1. Aviation used for the purpose of accomplishing functions of the state and ensuring the solution of the tasks mentioned in this paragraph shall be considered to be state aviation. State aviation used for solving the tasks in the field of defence of the Russian Federation by the Armed Forces of the Russian Federation, by other troops, military formations, and bodies attracted for these purposes, shall be considered to be military state aviation. State aviation used for solving the tasks assigned to the federal bodies of executive power in the field of ensuring the security of the Russian Federation, in the sphere of ensuring the security of objects of state protection, in the sphere of internal affairs, as well as in the field of the customs affairs, space activity, civil defence, protection of the population, and territories from emergency situations of natural and technology-driven character, including the ensuring of human safety at water objects and fire safety, shall be considered to be special-purpose state aviation. 2. The use of state aviation for commercial purposes shall be performed according to the procedure established by the Government of the Russian Federation.

Article 23 Experimental aviation 1. Aviation for carrying out research, design, experimental, development and other works, as well as for testing aviation and other technology shall be considered to be experimental aviation. 2. The use of experimental aviation for commercial purposes shall be performed according to the procedure established by the Government of the Russian Federation.

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Article 24 State regulation of activities in the field of civil aviation State regulation of activities in the field of civil aviation shall be carried out by the authorised body in the field of civil aviation within the limits established by this body, its structural divisions and territorial bodies.

Article 24.1 Ensuring the Safety of Flights of Civil Aircraft 1. The introduction of a state safety management system of civil aircraft shall be ensured in the Russian Federation in accordance with the international standards of the International Civil Aviation Organization. 2. The Government of the Russian Federation in the framework of ensuring the state safety management system of flights of civil aircraft shall establish a procedure for the development and application of the safety management systems of flights of civil aircraft by legal entities engaged in the development and manufacture of civil aircraft, by legal entities and individual entrepreneurs engaged in commercial air carriage, by legal entities engaged in technical maintenance of civil aircraft and providing air navigation service flights of aircraft, as well as by educational organisations engaged in training of pilots of civil aircraft, in respect of aircraft which are developed, manufactured, operated, or maintained by the above-mentioned legal entities, individual entrepreneurs, and educational organisations. 3. For the purpose of safety management of flights of civil aircraft, the body authorised in the field of civil aviation shall collect and analyse in the procedure established by the Government of the Russian Federation data on factors of danger and risk that form a threat to the safety of flights of civil aircraft and shall keep and exchange these data in compliance with the international standards of the International Civil Aviation Organization.

Article 25 State regulation of activities in the field of state aviation 1. State regulation of activities in the field of state aviation shall be carried out by the authorised body in the field of defence. 2. The organisation of activities in the field of state aviation and operative management of these activities shall be carried out by the relevant bodies having units of state aviation.

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Article 26 State regulation of activities in the field of experimental aviation State regulation of activities in the field of experimental aviation shall be carried out by the authorised body in the field of the defence industry.

Chapter 4 STATE SUPERVISION OVER ACTIVITIES IN THE FIELD OF CIVIL AVIATION

Article 27 (Repealed.)

Article 28 State supervision over activities in the field of civil aviation 1. The purpose of state supervision in the field of civil aviation is to ensure the safety of flights of aircraft, the aviation security, and the quality of the works performed and services rendered in civil aviation. 2. State supervision in the field of civil aviation shall be exercised by an authorised federal body of executive power in case it exercises the federal state transport supervision (hereinafter referred to as the body of state supervision) according to the procedure established by the Government of the Russian Federation. 3. Regarding relations connected with the exercise of the state supervision in the field of civil aviation, with the organisation and the execution of inspections of legal entities and individual entrepreneurs, the provisions of the federal law shall apply subject to the specifics of the organisation and carrying out of inspections established by paragraphs 4–8 of this article. 4. Subject of the inspection is the observance over the requirements of international treaties of the Russian Federation and of the aviation legislation of the Russian Federation (hereinafter referred to as mandatory requirements) by a legal entity or individual entrepreneur in the course of performing activities in the field of civil aviation. 5. The basis for the inclusion of a planned inspection into the annual plan of carrying out planned inspections is the expiration of two years from the date of: 1) the state registration of a legal entity or individual entrepreneur; 2) the end of carrying out the last planned inspection.

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6. The basis for carrying out an extraordinary inspection is: 1) the expiration of the deadline for execution by a legal entity or individual entrepreneur of an order to eliminate a revealed violation of the mandatory requirements issued by the state supervision body; 2) the receipt by the state supervision body of appeals and applications of citizens, including those of individual entrepreneurs and of legal entities and of information from bodies of state power (from officials of the state supervision bodies), from local authorities, and from mass media about aviation accident or incident and about violations of mandatory requirements, if such violations create the threat of causing injury/damage to human life or health, the environment, state security, property of natural persons and legal entities, and state or municipal property or entail the infliction of such injury/damage; 3) the existence of an order (direction) of the head (deputy head) of the state supervision body to hold an extraordinary inspection issued in compliance with the instructions of the President of the Russian Federation or the Government of the Russian Federation, or on the basis of a prosecutor’s demand to hold an extraordinary inspection within the framework of supervision over the observance of laws on the basis of the materials and applications received by the prosecutor’s office. 7. An extraordinary on-site inspection on reasons specified in Subparagraph 2 of Paragraph 6 of this article can be carried out by the state supervision body immediately with the body of the prosecutor’s office to be notified thereof according to the procedure established by federal law. 8. It is not permitted to notify in advance a legal entity or individual entrepreneur of carrying out an extraordinary on-site inspection on reasons specified in Subparagraph 2 of Paragraph 6 of this article. 9. The federal state fire supervision, the federal state ecological supervision, the federal state sanitary and epidemiological supervision, the federal state supervision in the field of industrial safety, the federal state supervision of the observance over the labour legislation and other normative legal acts containing provisions of the labour law, as well as the federal state metrological supervision while exercising activities in the field of civil aviation shall be carried out by authorised federal bodies of executive power in compliance with the legislation of the Russian Federation.

Article 29 (Repealed.)

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Article 30 (Repealed.)

Article 31 (Repealed.)

Chapter 5 AIRCRAFT

Article 32 Aircraft 1. An aircraft is a flight apparatus supported in the atmosphere due to the interaction with air, which differs from the interaction with air reflected from the surface of land or water. 2. A light aircraft is an aircraft whose maximum take-off weight is less than 5,700 kilogrammes, as well as a helicopter whose maximum take-off weight is less than 3,100 kilogrammes. 3. An ultralight aircraft is an aircraft whose maximum take-off weight is at most 495 kilogrammes, not including the weight of the aviation recovery aids.

Article 33 State registration and state inventory of aircraft 1. Aircraft designated for flights shall be subject to state registration according to the following procedure: • civil aircraft, excluding ultralight civil aircraft pertaining to general aviation – in the State Register of Civil Aircraft of the Russian Federation followed by the issuing of the certificates of the state registration or in a State register of civil aircraft of a foreign state, provided an agreement is signed on the maintenance of airworthiness between the Russian Federation and the state where the aircraft is registered; • ultralight civil aircraft pertaining to general aviation – in the procedure established by the authorised body in the field of civil aviation;

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• state aircraft – in accordance with the procedure established by the authorised body in the field of defence upon an agreement with the authorised bodies possessing units of state aviation. 2. The keeping of the State Register of Civil Aircraft of the Russian Federation shall be entrusted to the authorised body in the field of civil aviation. 3. Experimental aircraft shall be subject to state inventory followed by the issuing of respective documents by the authorised body in the field of the defence industry. 4. An aircraft registered or entered in an inventory according to the procedure established in the Russian Federation acquires the national identity of the Russian Federation. 5. The data on a civil aircraft shall be revoked from the State Register of Civil Aircraft of the Russian Federation in the following cases: • writing off of a civil aircraft or its removal from exploitation; • sale of a civil aircraft or transfer of its ownership on another legal basis to a foreign state as well as a foreign citizen, a person without citizenship or foreign legal entity provided the civil aircraft is taken beyond the borders of the Russian Federation; • violation of requirements of state registration of a civil aircraft. 6. If the data on a civil aircraft is revoked from the State Register of Civil Aircraft of the Russian Federation, the certificate on the state registration of this aircraft loses its force and shall be returned to the body which has issued the said certificate. 7. The regulations on state registration and state inventory of aircraft shall be established by the relevant authorised body. 8. For the state registration of a civil aircraft a state duty in the amount and in the procedure established by the legislation of the Russian Federation on taxes and fees shall be paid. 9. State registration of the rights to ownership and other property rights in an aircraft, the limitation of these rights, their creation, transfer and termination, as well as the establishing of the procedure of state registration and reasons for the refusal of registration of rights in an aircraft and transactions regarding an aircraft shall be carried out in accordance with Article 131 of the Civil Code of the Russian Federation. 10. With regard to a lien of a civil aircraft, data on the lien shall be registrable in the State Register of Civil Aircraft of the Russian Federation.

Article 34 Signs fixed on the aircraft 1. Upon the entering of relevant data on a civil aircraft in the State Register of Civil Aircraft of the Russian Federation this aircraft shall be given nationality and registration identification marks which shall be affixed to the aircraft.

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2. On state aircraft shall be affixed signs of nationality and registration identification marks. 2.1. As signs of nationality on state aircraft shall be affixed: 1) on military transport aircraft used for flights beyond the borders of the Russian Federation – an imprint of the state flag of the Russian Federation; 2) on aircraft of the state aviation used for carrying out military, border police, police and customs services, and also for performing mobilisation and defence tasks – signs of nationality established by the Government of the Russian Federation. 2.2. On experimental aircraft shall be affixed registration identification marks. 2.3. On state and experimental aircraft may be affixed additional identification marks, board numbers, proper names, trademarks, heraldic signs registered in the procedure established by the authorised body in the field of defence and by other authorised bodies having units of state aviation and experimental aviation. 3. Aircraft intended for medical and sanitary purposes must in addition be affixed with an imprint of a red cross or a red crescent. 4. Apart from the nationality and registration identification marks state aircraft must have the imprint of the state flag of the Russian Federation; they may also have imprints of the flag of the Subject of the Russian Federation as well as trademarks – inscriptions, emblems, or other signs – registered according to the procedure established by the legislation of the Russian Federation. The imprint of the state flag of the Russian Federation should be located above the imprint of the flag of the Subjects of the Russian Federation and be larger in size. 5. The imprint of the state flag of the Russian Federation shall be affixed on aircraft in accordance with legislation of the Russian Federation. The procedure for affixing other signs on state aircraft shall be established by the authorised body in the field of defence upon an agreement with the authorised bodies having units of state aviation, and on experimental aircraft – by the authorised body in the field of the defence industry. 6. Civil aircraft nationality and registration identification marks, as well as the procedure for affixing these marks and the procedure for affixing trademarks on civil aircraft shall be established by the authorised body in the field of civil aviation.

Article 35 Standards of airworthiness of civil aircraft, aviation engines, propellers and environmental protection from effects of activities in the field of aviation The standards of airworthiness of civil aircraft, aviation engines, propellers and environmental protection relating to activities in the field of aviation (in the following: demands to airworthiness and environmental protection) shall be determined by the federal aviation

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regulations which shall be compulsory for the bodies of executive power, bodies of executive power of the Subjects of the Russian Federation, as well as by legal entities and individuals taking part in the development, testing, serial production, commissioning, exploitation and repair of civil aircraft, aviation engines and propellers.

Article 36 Operating permission for civil aircraft and state aircraft 1. Civil aircraft shall be permitted to be operated if they have an airworthiness certificate (flight readiness certificate). The airworthiness certificate (flight readiness certificate) shall be issued on the basis of a type certificate (certificate of exploitation readiness) or on the basis of a certificate of examination of the specific aircraft, which confirm the conformity of this aircraft with the airworthiness requirements for civil aircraft and environmental protection. The use of a civil aircraft having an airworthiness certificate (flight fitness certificate), issued on the basis of the said certificate of examination, for commercial air transportation shall not be allowed. 2. The procedure for issuing the airworthiness certificate (flight readiness certificate) shall be provided for by the federal aviation regulations. 3. The admission for operating state aircraft shall be carried out in accordance with the procedure established by the Government of the Russian Federation.

Article 37 Certification of civil aircraft, aviation engines and propellers 1. The certification of civil aircraft, aviation engines and propellers of a new type shall be made in accordance with the federal aviation regulations, which set out the prerequisites and procedure for certification. The certification process shall be completed by the issuing of the type certificate, if it has been established in the process of certification that the civil aircraft, aviation engines and propellers of a new type meet the airworthiness requirements and environmental protection and that the design of civil aircraft, aviation engines and propellers has been acknowledged as of a standard type. 2. The type certificate shall be issued by the authorised body which in accordance with the established procedure is entrusted with the organisation and conduct of the compulsory certification of civil aircraft, aviation engines and propellers. 3. In the process of serial production each civil aircraft, aviation engine and propeller is – in accordance with the established procedure – subject to tests and check-ups, which shall be completed with the issuing of the airworthiness certificate in respect of a civil aircraft; in respect of an aviation engine or propeller a document equivalent to the

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airworthiness certificate. These documents confirm that the designs and parameters of the civil aircraft, aviation engine and propeller comply with their type designs and the quality of their manufacturing is in accordance with relevant requirements. 4. The responsibility for the compliance of the typical design of a civil aircraft, aviation engine or propeller at the stages of its development, testing and exploitation up to writing off, with the airworthiness requirements and environmental protection in force in the Russian Federation shall be rested in the developer of the civil aircraft, the developer of the aviation engine and the developer of the propeller as appropriate. The responsibility for the compliance of every serially produced civil aircraft, aviation engine or propeller with the certified type shall be rested in its manufacturer. 5. The observance of the rules of air operation and technical maintenance of the civil aircraft, provided for by the operation documents of the civil aircraft of a certain type, as well as maintaining it in airworthy conditions shall be the responsibility of the operator or the owner of a light civil aircraft pertaining to general aviation or an ultralight civil aircraft pertaining to general aviation that have the certificates of the state registration of the aircraft. 6. If the operator violates the rules set forth in Paragraph 5 of this Article, or if the aircraft has been found unsafe, the authorised body in the field of civil aviation or the authorised body in the field of the defence industry shall have the right to introduce limitations on the operation of this aircraft or to stop its operation. 7. The state control over airworthiness of civil aircraft, aviation engines or propellers in the phase of their design, production and operation shall be exercised by the authorised body which is entrusted in accordance with the established procedure with the organisation and conduct of the compulsory certification of civil aircraft, aviation engines and propellers, by the authorised body in the field of civil aviation and by the authorised body in the field of the defence industry. 8. Operators must submit information on the technical condition of the aviation technology and peculiarities of its operation to the authorised body, which in accordance with the established procedure is entrusted with the organisation and conduct of the compulsory certification of civil aircraft, aviation engines and propellers, as well as to the developer of the aviation technology. The content of this information and the procedure for its submission shall be determined by the federal aviation regulations. 9. Civil aircraft, aviation engines and propellers, manufactured in a foreign country and delivered to the Russian Federation for operation shall be subject to certification in accordance with the federal aviation regulations. 10. Requirements concerning the installation on aircraft of technical facilities and equipment designed to ensure accessibility to the aircraft of passengers from among handicapped individuals and other persons with disabilities and the time limits for their installation shall be established by the body authorised in the field of civil aviation in

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coordination with the federal executive body performing functions in the development and execution of state policy and legal regulation in the field of labour and social protection of the population.

Article 38 Aircraft radio call sign 1. Each civil aircraft having means of radio communication must be given a radio call sign according to the procedure established by the federal aviation regulations. 2. In state and experimental aviation the captain of the aircraft shall be given a spare changeable call sign. In cases established by the federal aviation regulations for a state aircraft or an experimental aircraft which carries out flights along air routes or local air routes with landings on civil aerodromes, a flight number shall be assigned.

Article 39 Restrictions of the right to use civil aircraft Restrictions of the right to use civil aircraft (enlisting the services of an aircraft for cargo transportation for state purposes, temporary exemption of civil aircraft and other limitations) shall be allowed in times of war and (or) with a declaration of a state of emergency (martial law).

Chapter 6 AERODROMES, AIRPORTS AND OBJECTS OF THE SINGLE SYSTEM OF AIR TRAFFIC ORGANISATION

Article 40 Aerodromes and airports 1. An aerodrome is a plot of land or of water with buildings, constructions and equipment designated for the take-off, landing, taxiing and parking of aircraft. 1.1. A heliport is a plot of land or a certain area on the surface of a construction intended in full or in part for a take-off, landing, taxiing and parking of helicopters. 2. Aerodromes are divided into civil aerodromes, aerodromes of state aviation and aerodromes of experimental aviation. 3. An airport is a complex of structures, including the aerodrome, air terminal, other structures designated for the arrival and departure of aircraft and servicing of air car-

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4.

5. 6. 7.

riage, which has the equipment, aeronautical personnel and other employees necessary for these purposes. An international airport is an airport which is open for arrival and departure of aircraft carrying out international transportation and which provides customs, border, and, in cases provided for by international agreements of the Russian Federation and by federal laws, also other types of control. The decision to open an aerodrome for performing international flights or an international airport shall be taken by the Government of the Russian Federation. The procedure for issuing a permission to operate an aerodrome, an airport or a heliport shall be established by the federal aviation regulations. A landing place is a plot of land, of the ice, of the surface of a construction, including the surface of a self-floating structure, or a plot of water, designated for take-off and landing or for take-off, landing, taxiing and parking of aircraft. The requirements set forth for a landing place shall be established by the federal aviation regulations.

Article 41 State registration of aerodromes and airports 1. Civil aerodromes and airports shall be subject to state registration with the entering of their data into the State Register of civil aerodromes of the Russian Federation and the State Register of Airports of the Russian Federation respectively only if they have fitness certificates (attestation). The keeping of the said registers shall be entrusted to the authorised body in the field of civil aviation. 2. The aerodromes of state aviation shall be subject to state registration followed with the entering of their data into the State Register of Aerodromes of State Aviation of the Russian Federation. The keeping of the said register shall be entrusted to the authorised body in the field of civil defence. 3. Aerodromes for experimental aviation shall be subject to state registration with the entering of their data into the State Register of Aerodromes for Experimental Aviation of the Russian Federation. The keeping of the said register shall be entrusted to the authorised body in the field of the defence industry. 4. The data on a civil aerodrome or airport shall be revoked from the relevant state registers in the following cases: • violation of the requirements of state registration of a civil aerodrome or airport and the requirements for guaranteeing of their safe operation; • upon the application of a person, who has registered the said aerodrome or the airport.

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5. In cases where the data on the aerodrome or airport is revoked from the relevant registers the exploitation of the aerodrome or airport shall be suspended, the certificate on the state registration of the aerodrome or airport shall no longer be in force and shall be subject to return to the body which is responsible for the state registration of the aerodrome or the airport. 6. For the state registration of a civil aerodrome or airport a state duty shall be paid in the procedure and in the amount established by the legislation of the Russian Federation on taxes and fees. 7. The state registration of ownership rights and of other property rights in an aerodrome or an airport, the restriction of these rights, their protection, transfer and termination, as well as the establishment of the procedure of state registration and the reasons for the refusal of the state registration of the rights in an aerodrome or airport and contracts with them shall be made in accordance with Article 131 of the Civil Code of the Russian Federation.

Article 42 Objects of the single system of air traffic organisation The objects of the single system of air traffic organisation are the complexes of buildings, structures, communication networks, as well as the ground objects of means and systems for servicing air traffic, navigation and communication designated for the air traffic organisation. The list of objects of the single system of air traffic organisation shall be determined by the federal aviation regulations.

Article 43 Allotment of a land plot or water surface object The land plot designated for the construction of an aerodrome, airport or object of the single system of air traffic organisation, the water surface object designated for the construction of an aerodrome shall be allotted in accordance with the land legislation of the Russian Federation.

Article 44 Aerodromes of joint stationing and aerodromes of joint operation 1. An aerodrome of joint stationing is an aerodrome where civil aircraft, state aircraft and (or) aircraft of experimental aviation are based jointly.

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Thee list of aerodromes of joint stationing must be approved by the Government of the Russian Federation. 2. An aerodrome of joint operation is an aerodrome of state aviation used for take-off, landing, taxiing and parking of civil aircraft performing scheduled flights but having no rights to be stationed at this aerodrome. The decision on the joint use of the aerodrome of state aviation shall be taken by the specially authorised body administering this aerodrome. 3. The operation of aerodromes of joint stationing and aerodromes of joint use shall be carried out on a contractual basis. 4. The aerodromes of joint stationing of civil and state aircraft and the aerodromes of joint use must meet the requirements for civil aerodromes.

Article 45 Construction and reconstruction of aerodromes, airports and objects of the single system of air traffic organisation The construction and reconstruction of aerodromes, airports and objects of the single system of air traffic organisation must be agreed with the relevant bodies of executive power of the Subjects of the Russian Federation.

Article 46 Construction within the vicinity of the aerodrome The design, construction and development of towns and villages, as well as the construction and reconstruction of industrial, agricultural and other enterprises located in close proximity to the aerodrome must be carried out with due consideration for the safety of flights and of the possible negative effects of the equipment and aircraft flights on the health of the citizens and the activities of legal entities, and with the agreement of the aerodrome owner.

Article 47 Allocation of various objects in the region of the aerodrome 1. The allocation of buildings, structures, communication lines, power transmission lines, radio-technical and other objects which may endanger the safety of flights or cause jamming in the operation of aerodrome radio-technical equipment in the region of

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the aerodrome must be agreed with the owner of the aerodrome and carried out in accordance with the aviation legislation of the Russian Federation. 2. The allocation of communication and power transmission lines, structures of different purposes in the zone of action of the landing systems, close to radars and radio navigation equipment used for servicing flights of aircraft, and the allocation of radio-frequency radiation objects must be agreed with the authorised body in the field of airspace exploitation, the bodies of the single system of air traffic organisation, as well as with the federal bodies of executive power in accordance with the administrative attachment of the legal entities that exercise the rights of the possession or use of the landing systems, the radar and radio navigation equipment.

Article 48 Certification of civil aerodromes and airports as well as objects of the single system of air traffic organisation 1. Aerodromes and airports used for the purposes of civil aviation shall be subject to compulsory certification. The procedure for the certification of these aerodromes and airports, their equipment and the list of this equipment shall be determined by the federal aviation regulations. 2. The requirements for civil aerodromes and airports shall be determined by the federal aviation regulations and shall be compulsory for all federal bodies of executive power of the Subjects of the Russian Federation, as well as by citizens and legal entities taking part in the design, construction, acceptance, exploitation and repair of these aerodromes and airports. 3. The radio-technical, illuminating, engineering and meteorological equipment installed at civil aerodromes, aerodromes of joint stationing of civil and state aircraft and aerodromes of joint operation, as well as objects of the single system of air traffic organisation must meet the requirements for fitness for exploitation, which shall be confirmed by the relevant certificate of flight fitness. 4. State control over the compliance of civil aerodromes and airports with the requirements set forth for them must be carried out by the authorised body entrusted in accordance with the established procedure with the organisation and conduct of the compulsory certification of civil aerodromes and airports.

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Article 49 Operating permissions for aerodromes and airports 1. The permission for the operation of aerodromes and airports used for purposes of civil aviation shall be given by the authorised body in the field of civil aviation on the basis of the relevant certificates (attestation). 2. Aerodromes of state aviation and aerodromes of experimental aviation shall be permitted to operate according to the procedure established by the authorised body in the field of defence and the authorised body in the field of the defence industry respectively. 3. The guaranteeing of the compliance of the aerodrome in the course of its operation with the established requirements shall be entrusted to the organisation committed with the operation of the aerodrome.

Article 50 Servicing of aircraft at aerodromes and at airports 1. The servicing of aircraft at aerodromes and at airports shall be done in accordance with a single set of conditions, if not provided for otherwise by the legislation of the Russian Federation. 2. Aerodromes and airports may be closed for landing and take-off of aircraft due to technical or meteorological circumstances which endanger the safety of aircraft or in accordance with decisions of the Government of the Russian Federation. 3. In a war period and (or) after the declaration of a state of emergency aerodromes and airports shall be used in accordance with the legislation of the Russian Federation.

Article 51 Marking of buildings and structures 1. For the purpose of guaranteeing the safety of flights, the owners of buildings and structures, lines of communication and electric power transmission and other objects should mark the said objects with special signs and devices in accordance with the federal aviation regulations. 2. It shall be prohibited to place in the region of aerodromes signs and devices similar to those used to mark the aerodromes.

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Chapter 7 AVIATION PERSONNEL

Article 52 The term aviation personnel 1. Aviation personnel consists of persons having a professional education and carrying out activities aimed at ensuring the safety of flights of aircraft or the aviation security; at organising, performing, ensuring, and servicing air carriages and flights of aircraft; at carrying out aviation works; at organising the use of the airspace; and at organising and providing air traffic services and who are included in the lists of specialists of aviation personnel. The lists of specialists of the aviation personnel of the types of aviation shall be approved by the authorised bodies performing the state regulation of activities in the field of civil aviation, state aviation, and experimental aviation, respectively. For the purpose of protecting the rights and legal interests of individuals, ensuring national defence and state security, strikes or another stoppage of work (as a means of resolving collective or individual labour disputes and other situations of conflict) are prohibited insofar as it concerns civil aviation personnel responsible for air traffic management (control). The requirements to specialists according to the lists of aviation personnel specialists shall be established by the federal aviation regulations. 2. Aviation personnel includes aviation personnel of civil aviation, aviation personnel of state aviation and aviation personnel of experimental aviation. 3. Posts of specialists of aviation personnel may not be occupied by persons whose prior conviction for commission of deliberate crime has not been deleted or removed from the criminal record. 4. The aviation security services shall not employ persons who: • have a former conviction for deliberate crime that has not been deleted or removed from the criminal record; • are on the register with public health care institutions by reason of their mental illness, alcoholism or drug addiction; • have been relieved ahead of time of their powers as civil servants or dismissed from civil service, including from law enforcement bodies, prosecution bodies, judicial bodies for reasons which, under the legislation of the Russian Federation, are associated with commission • of disciplinary misconduct, gross or regular breach of discipline, perpetration of misdeed harming the honour and dignity of a civil servant, loss of trust in the civil

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servant if such an early termination of powers or dismissal occurred less than three years ago; • in respect of whom on the basis of the results of screening conducted under Federal Law “On the Police”, a conclusion has been made by the internal security bodies that those persons may not be permitted to conduct activities connected with facilities posing a special threat to life and health of human beings and the environment.

Article 53 Permission for persons of the aviation personnel to practise 1. People from among aviation personnel specialists of the civil aviation shall be admitted to the carrying out of the functions of the crew members of a civil aircraft, of the employees engaged in servicing civil aviation flights, as well as of functions of aircraft maintenance and dispatching service of air traffic, if they possess the respective certificates issued by the body authorised in the field of civil aviation. 1.1. The rules for checking the compliance of the persons applying to obtain the certificates mentioned in Paragraph 1 of this article to the requirements of the federal aviation regulations, including the requirements for the training of aviation personnel of civil aviation rendering services to passengers from amongst handicapped individuals and other persons with disabilities and for using the technical facilities and equipment specified in Paragraph 10 of Article 37 of this Code, as well as the procedure for the issuance of the respective certificates, shall be established by the Government of the Russian Federation. The requirements for drawing up and for the form of the respective certificates shall be established by the federal aviation regulation. 2. State control of the activities of aviation personnel shall be exercised by the authorised body in the field of civil aviation, the authorised body in the field of airspace exploitation, the authorised body in the field of defence, or the authorised body in the field of the defence industry.

Article 54 Training of specialists of the required qualifications in accordance with the list of specialists of civil aviation personnel 1. (Repealed.)

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2. The requirements for educational organisations and organisations performing training of specialists according to the list of specialists of civil aviation personnel shall be established by the federal aviation regulations. 3. Pilots of light civil aircrafts and pilots of ultralight civil aircrafts of the general aviation may be individually trained by a person holding a certificate specified in Paragraph 1 of Article 53 of this Code and that bears an entry about the right to conduct such training. 4. The training of specialist according to the list of specialists of civil aviation personnel shall be performed in accordance with the training programmes endorsed by the body authorised in field of civil aviation. The requirements for a procedure for the development, endorsement, and content of the specified programmes shall be established by the federal aviation regulations. 5. The procedure for the training of crew members of a civil aircraft, of the employees engaged in servicing civil aviation flights, as well as of functions of aircraft maintenance and dispatching service of air traffic shall be established by the federal aviation regulations. 6. Flight simulators used for training and checking the professional skills of the flight crew members of a civil aircraft shall be certified in a procedure established by the body authorised in the field of the civil aviation. The requirements concerning such flight simulators and the procedure for their operation shall be established by the federal aviation regulations. 7. The time frame and frequency of the training of aviation personnel of civil aviation for servicing passengers from among handicapped individuals and other persons with disabilities and for using the technical facilities and equipment specified in Paragraph 10 of Article 37 of this Code shall be established by the body authorised in the field of the civil aviation. 8. The frequency of obligatory certification of aviation personnel of civil aviation trained to service passengers from among handicapped individuals and other persons with disabilities and for using the technical facilities and equipment specified in Paragraph 10 of Article 37 of this Code shall be established by the federal aviation regulations. 9. Training programmes for aviation personnel of civil aviation for servicing passengers from among handicapped individuals and other persons with disabilities and for using the technical facilities and equipment specified in Paragraph 10 of Article 37 of this Code shall be approved by the authorised body entrusted with organising and conducting obligatory certification and attestation in civil aviation jointly with the federal executive body performing functions in the development and execution of state policy and legal regulation in the sphere of labour and social protection of the population and with the participation of public organisations of disabled persons.

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Article 55 Recognition of an attestation of a foreign state issued to aviation personnel The attestation of a foreign state issued to aviation personnel shall be recognised in the Russian Federation if this attestation complies with international aviation standards, recognised by the Russian Federation, and the federal aviation regulations.

Chapter 8 CREW OF AN AIRCRAFT

Article 56 Crew of an aircraft 1. The crew of an aircraft consists of a flight crew (the captain, other members of the flight crew) and the cabin crew (operators and stewards). The flight of a civil aircraft shall be prohibited if the number of flight crew members is less than the established minimum. 2. The composition of the crew of an aircraft of a certain type shall be established in accordance with the requirements for the air operation of the aircraft of this type. 3. The composition of the crew of an experimental aircraft for the period of tests shall be determined by the developer of this particular type of the aircraft. 4. The flight crew of a civil aircraft of a Russian legal entity or an individual entrepreneur carrying out commercial air transport or performing aviation works may consist of citizens of the Russian Federation and, in the cases provided for by Paragraph 5 of this Article, foreign citizens. 5. The flight crew of a civil aircraft of a Russian legal entity or an individual entrepreneur carrying out commercial air transport or performing aviation works may include foreign citizens in case: 1) of preparation of a foreign citizen for obtaining an admission by him to the professional activity as a member of a flight crew of a civil aircraft provided that the other members of the flight crew of the civil aircraft are citizens of the Russian Federation; 2) of the conclusions with the foreign citizen of an employment contract for the replacement of the position of the commander of a civil aircraft.

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Article 57 The captain of the aircraft 1. The captain of the aircraft is a person possessing a valid pilot’s attestation, as well as training and experience necessary for the independent piloting of an aircraft of a certain type. 2. The captain of the aircraft shall command the crew of the aircraft, shall be responsible for discipline and order on board the aircraft and shall take the necessary measures to guarantee the safety of the people on board, the condition of the aircraft and the property on board.

Article 58 Rights of the captain of the aircraft 1. The captain of the aircraft shall have the right: 1) to take final decisions regarding the take-off, flight and landing of the aircraft, as well as on the termination of the flight and return to the aerodrome, or on a forced landing in case of an obvious threat to the security of the flight of the aircraft in order to save the people on board and to preclude possible harm to the environment. Such decisions can be taken in violation of the flight plan, the directives of the according body of the single system of air traffic organisation and the flight tasks and must be followed by a compulsory notification to the according body of the air traffic management (air traffic control) and, if possible, in accordance with established flight rules; 2) to give instructions to any person on board for purposes of guaranteeing the safety of the flight of the aircraft and to require compliance with such instructions. The captain of the aircraft shall have the right to take all necessary measures, including enforcement measures, against persons creating an immediate threat to the safety of the flight of the aircraft and refusing to comply with the instructions of the captain of the aircraft. Upon landing at the nearest aerodrome the captain of the aircraft shall have the right to remove such persons from the aircraft, and in case their acts are of a criminal nature to deliver them to law-enforcement bodies; 3) to take decisions on defueling, dropping of cargo, baggage and mail if so required for the safety of the flight of the aircraft and its landing. In the absence of the appropriate aviation security services the captain of the aircraft shall have the right to perform pre-flight inspection of persons and items indicated in Article 85 of this Code; 4) to take other measures to guarantee a safe ending of the flight of the aircraft.

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2. In case of an emergency landing the captain of the aircraft shall manage the actions of persons on board until the transfer of his powers to the representatives of aircraft search and rescue services.

Article 59 Actions of the crew of an aircraft in case of emergency If an aircraft experiences or has experienced an emergency, the captain of the aircraft and the other crew members of the aircraft must take all possible actions to save the life and health of the people on board of the aircraft, as well as to guarantee the safety of the aircraft and the property on board.

Article 60 Rendering assistance to ships and people in distress The captain of an aircraft who has received a distress signal from another aircraft, sea ship or river boat, or who has spotted a ship in distress or shipwreck, an area of ecological disaster or people in distress must render assistance provided this does not involve danger for the aircraft, the passengers and crew entrusted to him, to mark the locality (zone) of disaster on the map and to report it to the appropriate authorities of the air traffic management (air traffic control).

Chapter 9 AVIATION ENTITIES

Article 61 The aviation entity and the operator 1. Under this Code, an aviation entity shall be considered to be a legal entity irrespective of its organisational and legal form and the form of ownership, the main objectives of its activity being commercial passenger, baggage, cargo and mail carriage and (or) aerial work. 2. The setting up of an aviation entity involving foreign capital in the territory of the Russian Federation shall be permitted provided the share of foreign capital is not greater than forty-nine percent of the aviation entity’s issued capital, its manager is a citizen of the Russian Federation and the number of foreign citizens on the management body of the aviation entity is not more than one third of the management body.

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3. An operator is a natural person or a legal entity who owns aircraft as property, on lease or on other legal basis, operates the said aircraft for flights and holds an operator’s certificate. The requirements for the operator shall be established by the federal aviation regulations. 4. The employment of an aircraft by physical or legal entities for purposes of the state aviation and (or) experimental aviation, as well as the employment of a light civil aircraft pertaining to general aviation or an ultralight civil aircraft pertaining to general aviation does not create the obligation for a citizen or legal body to obtain an operator’s certificate (attestation) or an equivalent document.

Article 62 Commercial activity of Russian aviation entities and Russian individual entrepreneurs in the field of civil aviation Russian aviation entities and Russian individual entrepreneurs have the right to carry out commercial activities in the field of civil aviation provided they hold licences received according to Article 9 of this Code.

Article 63 Commercial activity of foreign aviation entities, international exploitation agencies and foreign individual entrepreneurs in the field of civil aviation 1. Foreign aviation entities, international exploitation agencies and foreign individual entrepreneurs shall have the right to carry out commercial activities in the field of civil aviation in accordance with the procedure established by the legislation of the Russian Federation and international agreements to which the Russian Federation is a party. 2. In the case of performance of international carriage and (or) aerial work in the territory of the Russian Federation foreign aviation entities, international exploitation agencies and foreign individual entrepreneurs must obtain appropriate licences. The issuing of such licence must be done in accordance with Article 9 of this Code. 3. In relation of foreign aviation entities, the operator’s certificate or a document equivalent to the certificate shall be acknowledged as valid provided they are issued by the authorised body of the foreign country and are in compliance with international standards acknowledged by the Russian Federation, as well as with international agreements to which the Russian Federation is a party. 4. Foreign aviation entities can open their offices in the territory of the Russian Federation in compliance with the legislation of the Russian Federation and (or) international agreements to which the Russian Federation is a party.

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5. Foreign aviation entities, international exploitation agencies and foreign individual entrepreneurs do not have the right: • to take passengers, baggage, cargo and mail on board the aircraft in the territory of the Russian Federation for air carriage to the territory of a foreign country or to carry them to the territory of the Russian Federation from the territory of a foreign country unless otherwise stipulated by an international agreement to which the Russian Federation is a party or a single permission of the authorised body in the field of civil aviation issued in accordance with the procedure established by the Government of the Russian Federation; • to take passengers, baggage, cargo and mail on board the aircraft for air traffic within the territory of the Russian Federation without permissions from the authorised body in the field of civil aviation issued in accordance with the procedure established by the Government of the Russian Federation.

Article 64 Tariffs for services in the field of civil aviation and charges for provision of these services and the rules for selling documents of carriage 1. The provision of services in the field of civil aviation shall be carried out on a payable basis (tariffs, charges), unless otherwise provided by the legislation of the Russian Federation. 2. The list of tariffs for services in the field of civil aviation and charges for these services, the rules of formation of these tariffs and charges, the rules of collection calculated on the basis of these tariffs and charge payment for services in the field of civil aviation, as well as the rules of selling tickets, the issue of airway bills, and other transportation documents shall be established by the authorised body in the field of civil aviation. 3. Tariffs for services in the field of civil aviation pertaining to the sphere of a natural monopoly and rates of charges for these services shall be established in compliance with the legislation of the Russian Federation on natural monopolies. 4. Rates of charges for air navigation services provided for flights of aircrafts of airspace users shall be established by the federal body of executive power authorised to carry out legal regulation in the sphere of state control of prices (tariffs) for goods (services) and control of their application. The procedure of the state regulation of charges for air navigation services provided for flights of aircrafts of airspace users shall be established by the Government of the Russian Federation. 5. The fares for air carriage of passengers, baggage, cargo, and mail shall be set by the carriers.

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6. The payment for the air transport, which is carried out on the basis of a contract of chartering an aircraft (air charter), shall be established on a contractual basis.

Article 65 Control over the activities of aviation entities and individual entrepreneurs 1. The control over the activities of aviation entities, individual entrepreneurs, including foreign aviation entities, international exploitation agencies and foreign individual entrepreneurs, shall be performed by the authorised body in the field of civil aviation. The control covers the observance of the legislation of the Russian Federation and international agreements to which the Russian Federation is a party, as well as the requirements of the relevant certificates and licences. 2. If an aviation entity or individual entrepreneur fails to observe the requirements indicated in Paragraph 1 of this Article, breaks the requirements of the corresponding licence and (or) carries out its activity without the appropriate licence which shall be compulsory, the following sanctions can be applied to them: 1) withdrawal of the corresponding permission, certificate or suspension or restriction of the validity of these documents; 2) imposition of other sanctions determined by the legislation of the Russian Federation. 3. In case of the violation of the requirements of a licence by an aviation entity or an individual entrepreneur or in case of performance of an activity without the corresponding licence, if the obtaining of such a licence is obligatory, measures determined by the legislation of the Russian Federation may be taken against such entity or such individual entrepreneur.

Chapter 10 FLIGHTS OF AIRCRAFT

Article 66 Flight permission for an aircraft 1. An aircraft shall be permitted to fly if it bears the nationality and registration or inventory identification signs, has undergone the appropriate preparation and has the required documents on board. 2. The procedure of flight permission for a civil aircraft shall be established by the federal aviation regulations.

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3. The procedure of flight permission for state aircraft and experimental aircraft shall be established by the authorised body in the field of defence and the authorised body in the field of the defence industry respectively.

Article 67 Documents on board an aircraft 1. Each civil aircraft must have the following documents on board: 1) aircraft documents: • state registration certificate; • operator’s certificate (attestation) (a copy thereof), except for cases provided for by Article 61 Paragraph 4 of this Code; • airworthiness certificate (flight fitness certificate); • flight logbook and sanitary journal, flight operation manual (in case of the operation of ultralight civil aircraft the presence of a flight logbook and a sanitary journal, as well as a flight operation manual is not obligatory); • permission for airborne radio if such a radio system is installed in the aircraft; 2) appropriate documents for each member of the crew; 3) documents stipulated by the authorised body in the field of civil aviation. 2. State aircraft and experimental aircraft must have those documents on board which are stipulated by the authorised body in the field of defence and the authorised body in the field of the defence industry respectively.

Article 68 Flight preparation of the aircraft and its crew, carrying out a flight of an aircraft The flight shall be preceded by the preparation of the aircraft and its crew. The procedure for flight preparation of the aircraft and its crew, the procedure for conducting control over their readiness and the procedure for carrying out the flight shall be established by the federal aviation regulations.

Article 69 Servicing the flights of aircraft 1. Air navigational servicing of the flights of aircraft (organisation and servicing of air traffic, supply of aviation electric communication, provision of air navigation and meteorological information, search and rescue), that is provided at all the stages of the

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flights of aircraft, as well as radio and illumination engineering, aviation-engineering, aerodrome, accident and rescue and other kinds of support for the flights of aircraft shall be performed on the basis of uniform conditions for a charge, unless otherwise provided by the legislation of the Russian Federation. 2. The rules and the conditions for the air navigational servicing, and also for the support for flights of aircraft shall be established by federal aviation regulations. 3. The procedure for the compensation of expenses for the air navigational servicing and ensuring of flights of aircraft of users of the airspace, exempted in accordance with the legislation of the Russian Federation from the payment for the air navigational servicing and ensuring of flights of aircraft, shall be established by the Government of the Russian Federation.

Article 70 Flight plan of the aircraft 1. The flight of an aircraft shall be performed in accordance with the flight plan submitted by the airspace user to the appropriate body of the single air traffic control system provided a permission for the airspace use has been granted; exceptions exist for a flight performed in case of repulsing an air attack, preventing and stopping the violation of the national border of the Russian Federation or armed invasion into the territory of the Russian Federation, rendering assistance in emergency situations of natural and technical character, search and evacuation of spacecraft and their crews, preventing and (or) stopping violations of the federal regulations of use of the airspace, as well as in case of a flight of an aircraft performed in the informative procedure of airspace use and of a flight over special areas defined by the procedure established by the Government of the Russian Federation. 1.1. The terms, procedure for, and manner of submitting a flight plan shall be established by the federal regulations on airspace use. 2. Deviation from the aircraft flight plan shall be allowed only on the grounds of a permission from the appropriate authority of air traffic service (flight control), except in respect of the cases stipulated in Article 58 of this Code.

Article 71 Radio communication with an aircraft 1. While performing a flight the captain of an aircraft or any other crew member of an aircraft equipped with radio communication means shall be obliged to use a certain radio frequency for receiving information. In the cases provided for by the federal

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aviation regulations, the captain or any other crew member of an aircraft and the appropriate air traffic service (flight control) body shall be obliged to communicate among each other by radio. 2. In servicing air traffic within the territory of the Russian Federation radio communication shall be performed in the Russian language. When aircraft flights are performed on international routes within the territory of the Russian Federation, including the areas of aerodromes open to international flights, as well as in areas over the high seas, where the responsibility for air traffic regulation has been placed on the Russian Federation, the radio communication can be performed in English and Russian languages. The procedure of performing radio communication shall be established by the federal aviation regulations.

Article 72 Flight of an aircraft over populated area A flight of an aircraft over a populated area must be carried out at an altitude allowing for emergency landing outside the populated area or on special landing sites within the populated area. Exemptions from this rule of flight shall be defined according to the procedure established by the Government of the Russian Federation.

Article 73 Aircraft demonstration flight An aircraft demonstration flight shall be carried out in accordance with the flight safety requirements for flights of aircraft established by the appropriate authorised body. The procedure of organising and carrying out aircraft demonstration flights shall be defined by the authorised body of executive power.

Article 74 Aircraft supersonic flight An aircraft supersonic flight shall be allowed at an altitude where a hazardous sonic boom effect upon the environment is precluded. The procedure of carrying out aircraft supersonic flights shall be established by the federal aviation regulations.

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Article 75 Use of photographing and filming and other methods of distant earth exploration from aboard the aircraft The use of photographing and filming and other methods of distant earth exploration from aboard an aircraft shall be allowed according to the procedure established by the Government of the Russian Federation.

Article 76 Lease of communication channels 1. In order to support aircraft flight safety and other activity in airspace use individuals and legal entities having the right to provide communication services shall lease the required communication channels to the appropriate authorised bodies on a contractual basis at their request. 2. The authorised body in the field of communication, the communication authorities of the federal executive power, individuals and legal entities having the right to provide communication services shall grant priority provision of communication channels in support of aircraft flight safety and other activities regarding the use of the airspace and shall take urgent measures for the replacement of communication channels and their recovery in case of failure.

Article 77 Use of general-purpose communication facilities The procedure of using general-purpose communication facilities for servicing the safety of flights of aircraft shall be established by the authorised body in the field of communication in agreement with the authorised body in the field of civil aviation, the authorised body in the field of airspace exploitation, the authorised body in the field of defence or the authorised body in the field of the defence industry.

Article 78 Radio engineering support for flights of aircraft and radio communication with aircraft 1. In order to perform radio engineering support for flights of aircraft and radio communication with them the authorised body in the field of defence shall allocate disturbanceprotected radio frequencies in accordance with an established procedure.

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2. Individuals and legal entities operating installations and instruments that create disturbances in the radio engineering facilities of support for flights of aircraft and radio communication with them shall eliminate the disturbances themselves and at their own expense at the request of the authorised body in the field of communication or its subdivisions, and shall suspend the operation of such installations and instruments until elimination of a disturbance.

Chapter 11 INTERNATIONAL FLIGHTS OF AIRCRAFT

Article 79 International flights of aircraft 1. An international flight of an aircraft is a flight of an aircraft in the airspace of more than one country. 2. International flights of aircraft in the airspace of the Russian Federation must be carried out in compliance with the legislation of the Russian Federation, generally recognised principles and standards of international law and international agreements to which the Russian Federation is a party. 3. Regulations for international flights of aircraft, aeronautical information on international air routes, international airports and aerodromes open to international flights of aircraft, as well as other information required for carrying out international air traffic shall be published in the Aeronautical Information Publication of the Russian Federation. 4. International flights of aircraft shall be carried out on the basis of international agreements to which the Russian Federation is a party or permissions issued according to the procedure established by the Government of the Russian Federation. 5. Identification marks of aircraft of foreign countries must be reported by the operators to the authorised body in the field of civil aviation before the commencement of an international flight. 6. In order to carry out flights of aircraft of foreign countries in the airspace of the Russian Federation the operators must submit information on insurance or other indemnities of liability for causing damage to third persons and aircraft to the authorised body in the field of civil aviation. The conditions of such security shall be established by the authorised body of civil aviation.

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Article 80 Take-off and landing of aircraft of the Russian Federation and aircraft of foreign countries in performing international flights The take-off and landing of aircraft of the Russian Federation and aircraft of foreign countries in performing international flights in the airspace of the Russian Federation shall be made at international airports and aerodromes open to international flights, unless otherwise provided for by the legislation of the Russian Federation.

Article 81 Recognition of aircraft documents on board civil aircraft of foreign countries in the territory of the Russian Federation 1. Aircraft documents on board civil aircraft of foreign countries shall be recognised as valid in the territory of the Russian Federation provided they comply with the international aviation standards recognised by the Russian Federation. 2. In making a landing in the territory of the Russian Federation civil aircraft of foreign countries can be subjected to inspection and checking of aircraft documents by authorised persons of the appropriate authorised bodies. 3. In cases where the established documents for international flights are not on board the civil aircraft of a foreign country or, where there is a reason to suspect malfunction of a particular aircraft, the authorised body in the field of civil aviation can suspend the departure of this aircraft.

Article 82 Application of regulations regarding passports, customs and other issues in performing international flights The regulations regarding passports, customs and other issues established in accordance with the legislation of the Russian Federation shall also apply to aircraft arriving in the Russian Federation, departing from the Russian Federation and en route with a stopover in the territory of the Russian Federation, their crews and passengers, as well as for the property, baggage, cargo and mail taken into the Russian Federation and taken out of the Russian Federation.

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Chapter 12 AVIATION SECURITY

Article 83 Aviation security 1. Aviation security is a condition of being protected against unlawful interference with activities in the field of aviation. 2. Aviation security shall be guaranteed by the aviation security services of aerodromes and airports, by the subunits of departmental security services of the federal body of executive power authorised in the field of transport, and also by internal affairs’ security bodies, the aviation security services of the exploiters (aviation entities) as well as the authorised bodies vested with this right by federal laws. The aviation security services of aerodromes and airports and the aviation security services of the exploiters (aviation entities) are services with specific statutory tasks. 3. Unlawful interference with activities in the field of aviation implies wrongful activity (inactivity) endangering the security of activities in the field of aviation, involving accidents with people, material damage, seizure or hijacking of aircraft, or posing a threat with the possibility of such consequences.

Article 84 Provision of aeronautical security 1. Persons responsible for arrival, departure or handling of aircraft shall be obliged to take aviation security measures. 2. Aviation security shall be provided by means of: 1) denying the access of outside persons and transport facilities to the controlled area of airports and aerodromes; 2) guarding parked aircraft to rule out the possibility of strangers entering the aircraft; 3) ruling out the possibility of illegal carriage of weapons, ammunition, explosives, radioactive, toxic, easily inflammable substances and other dangerous items and materials, and applying special precautionary measures in permitting their carriage; 4) pre-flight inspection, as well as after-flight inspections in case it is carried out in accordance with the Federal Law “On the Police”; 5) taking measures against unlawful interference with activities in the field of aviation and other measures, including those involving law-enforcement bodies. 3. The aviation security services shall have the right to detain persons who have violated aviation security requirements to deliver them to law-enforcement bodies, as well as

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to detain the baggage, cargo and mail containing items and substances banned from carriage by air. In cases where the life and health of aircraft passengers and crew members, or other persons is endangered, they shall act in compliance with the legislation of the Russian Federation. While on duty, the servicemen of the aviation security services shall be permitted to carry and use official arms in accordance with a procedure established by federal laws. 4. Aviation security requirements and the practice of meeting them shall be established by the federal aviation regulations. 5. In exercising control over ensuring aviation security, officials of the federal body of executive power authorised in the field of control (supervision) for transport and of the federal body of executive power authorised in the field of internal affairs, shall have the right: 1) to carry out checks of observance of the rules of pre-flight inspection and also of the check-point and intra-object regimes; 2) to apply for and obtain from heads and officials of organisations and services of aviation security of aerodromes and airports, subunits of departmental security services of the federal body of executive power authorised in the field of transport, of aviation security services of aviation entities as well as from carriers, consignors and other organisations, documents and information necessary for achieving the goals associated with the ensuring of aviation security; 3) to address to heads of organisations orders binding for execution to eliminate detected violations of aviation security requirements and to verify compliance with those orders; 4) in case information is available regarding a possibility of violation of aviation security requirements on board an aircraft, to accompany it during flight; 5) to hold up baggage, cargo and mail containing items and substances forbidden for air transportation. 6. The protection of airports and their infrastructure facilities shall be carried out by subunits of departmental security services of the federal body of executive power authorised in the field of transport and by internal affairs’ security bodies in the procedure established by the Government of the Russian Federation.

Article 85 Pre-flight and after-flight inspections 1. For the purpose of guaranteeing the security of the passengers of the aircraft and its crew members the aircraft, its airborne supplies, the crew members, the passengers and the baggage, including the luggage, as well as the cargo and mail shall be subject

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to compulsory pre-flight inspection and after-flight inspection in case it is carried out in accordance with the Federal Law “On the Police”. 2. The pre-flight inspection as well as the after-flight inspection in case it is carried out in accordance with the Federal Law “On the Police” of passengers, baggage, including luggage, crew members, persons of the civil aviation personnel, airborne supplies, cargo and mail shall be performed at the airport or on board the aircraft by authorised persons of the aviation security services together with officials of the internal affairs bodies. The pre-flight inspection as well as the after-flight inspection in case it is carried out in accordance with the Law of the Russian Federation “On the Militia” shall not exclude the possibility of performing an urgent search, criminal procedural and other operations by authorised persons according to the procedure established by the legislation of the Russian Federation. When performing international flights the pre-flight inspection as well as the afterflight inspection in case it is carried out in accordance with the Law of the Russian Federation “On the Militia” shall be performed after passing the border check-point, customs clearance, and also other kinds of control if the latter are provided for by international agreements of the Russian Federation and by federal laws. 3. If a passenger refuses to undergo pre-flight inspection the contract of carriage of the passenger shall be regarded as cancelled. 4. The rules of carrying out pre-flight and after-flight inspections shall be established by the federal body of executive power authorised in the field of transport, by agreement with the federal body of executive power authorised in the field of internal affairs.

Article 85.1 Personal data of aircraft passengers In order to guarantee aviation security carriers shall ensure the transfer of personal data of passengers to automated centralised databases on personal data of passengers in accordance with the legislation of the Russian Federation on transport security and the legislation of the Russian Federation in the field of personal data, and in case of international air transportation also to the authorised bodies of foreign states in accordance with international agreements of the Russian Federation or the legislation of the foreign states of departure, destination or transit in the amount stipulated for by the legislation of the Russian Federation, unless otherwise stipulated by international agreements of the Russian Federation.

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Chapter 13 SEARCH AND RESCUE

Article 86 Aircraft in distress or having had an accident 1. An aircraft shall be considered to be in distress if the aircraft or persons on board are endangered in a way that cannot be eliminated through actions taken by the crew members, or if the aircraft is out of radio communication and its location is unknown. 2. An aircraft shall be considered as having had an accident if it has suffered serious damage in taxiing, take-off, flight, landing or as a result of fall, or a complete crash, as well as an aircraft that has made an emergency landing outside an aerodrome. 3. An aircraft in distress or having had an accident shall be subject to immediate search and rescue.

Article 87 Distress signals 1. In order to give timely help to an aircraft in distress or having had an accident, to their passengers and crews uniform international distress, urgency and warning signals (hereinafter: distress signals) shall be used. 2. The list of technical components to be installed on board the aircraft for the transmission of distress signals shall be determined by the federal aviation regulations.

Article 88 Search and rescue of aircraft in distress or having had an accident, their passengers and crews 1. The search for and rescue of aircraft in distress or having had an accident, their passengers and crews shall be organised and performed by the authorised body in the field of airspace exploitation in cooperation with the federal bodies of executive power who shall be responsible for the formation and maintenance of search and rescue services. 1.1. The organisation of the unified system of air and outer space search and rescue shall be performed by the authorised body in the field of the airspace exploitation. The regulation on the unified system of air and outer space search and rescue shall be adopted by the Government of the Russian Federation.

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2. In order to guarantee and provide search and rescue operations the search and rescue teams and facilities of the aviation entities and the organisations of the state and experimental aviation may be brought in. 3. The aviation entities and the organisations of the state and experimental aviation, the search and rescue teams and facilities of which are brought in the provision of search and rescue operations shall be obliged to keep the search and rescue teams and facilities in constant readiness. The expenditures of the aviation entities and the organisations of the state and experimental aviation on the maintenance of search and rescue teams and facilities in readiness, the performing of search and rescue operations, and the participation in their provision shall be reimbursed at the expense of the federal budget and outside sources in the procedure established by the Government of the Russian Federation. 4. Flights of aircraft shall be prohibited if there are no search and rescue facilities available. 5. The procedures for committing the search and rescue services and facilities of the aviation entities and the organisations of the state and experimental aviation in performing search and rescue operations shall be established by the Government of the Russian Federation.

Article 89 Provision of search and rescue operations 1. The search for and rescue of passengers and crews of aircraft in distress or having had an accident shall be gratuitous. 2. The evacuation of an aircraft having had an accident from the accident site shall be carried out by the operator’s staff or other people at the operator’s expense. 3. The federal bodies of executive power, the bodies of executive power of the Subjects of the Russian Federation and the bodies of local self-government as well as aviation entities and organisations of the state and experimental aviation shall be obliged to take part in the organisation of the search for aircraft having had an accident, and, before the arrival of search and rescue teams, to take urgent measures for saving lives, rendering medical aid and other help, guarding the particular aircraft and the documents and property on board. 4. The bodies of executive power of the Subjects of the Russian Federation and the bodies of local self-government shall have the right to request from legal entities the performing of search and rescue operations provided their expenditures shall be reimbursed at the expense of the federal budget and outside sources.

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5. The passengers and crews of aircraft of foreign countries in distress or having had an accident shall be given help under the same conditions as to passengers and crews of aircraft of the Russian Federation in distress or having had an accident.

Article 90 Rescue operations at an aerodrome and in an aerodrome area Rescue operations at an aerodrome and in an aerodrome area shall be performed by the owner of the aerodrome or airport.

Article 91 Search for and rescue of aircraft in distress or having had an accident, their passengers and crews in the high seas areas and in the territory of foreign countries 1. Search for and rescue of aircraft in distress or having had an accident, their passengers and crews in the high seas areas where the responsibility for the organisation of air traffic lies with the Russian Federation shall be carried out by the authorised bodies according to Paragraph 1 Article 88 of this Code. 2. Search for and rescue of aircraft in distress or having had an accident, their passengers and crews in the territory of foreign countries shall be performed in accordance with the procedure established by the country involved, and observing the generally recognised principles and standards of international law and in accordance with international agreements to which the Russian Federation is a party.

Article 92 Information about aircraft in distress or having had an accident 1. Communications about aircraft in distress or having had an accident shall be top-priority messages. Legal bodies irrespective of their organisational and legal form and ownership as well as citizens owning communication facilities shall be obliged to provide the communication facilities for immediate transmission of information about aircraft in distress or having had an accident or to transmit such information themselves. Citizens and legal bodies having the right to provide communication services shall be obliged to transmit such information immediately. 2. The first communication about aircraft in distress or having had an accident shall be free of charge. International telephone calls about giving help to aircraft in distress or having had an accident, its passengers and crew shall be paid for according to the tariff

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of universal communication services; information transmitted by cable shall be paid for according to the tariff of urgent communications. International telephone calls about aircraft having or having had an accident shall be free of charge.

Article 93 Information about aircraft having had an accident 1. The captain of an aircraft having had an accident or any other crew member of that aircraft as well as any other citizen who learnt about that aircraft must immediately inform the nearest body of the local self-management, organisation or military unit which in turn must immediately give information concerning this accident to the appropriate aviation entity or authorised body in the field of airspace exploitation, authorised body in the field of civil aviation, authorised body in the field of defence or authorised body in the field of the defence industry. 2. Officials of the aviation entity who learnt about the aircraft having had an accident must immediately give information concerning the accident to the authorised body in the field of civil aviation and the authorised body in the field of airspace exploitation.

Article 94 Termination of search of an aircraft having had an accident, its passengers and crew 1. If all measures taken to search for an aircraft having had an accident have had no result, the decision on termination of searching for the aircraft shall be taken by the authorised body which performed the state registration or state inventory of this aircraft. 2. The decision on terminating the search for civil aircraft of a foreign state having had an accident shall be made by the authorised body in the field of airspace exploitation. 3. When the search for an aircraft having had an accident is officially terminated the aircraft is considered missing.

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Chapter 14 AIR-ACCIDENT OR INCIDENT INVESTIGATION

Article 95 Aims and procedure of aviation accident or incident investigation 1. An aviation accident or incident with a civil, state or experimental aircraft of the Russian Federation or with an aircraft of a foreign state on the territory of the Russian Federation shall be subject to mandatory investigation. 2. The aims of investigation of an aviation accident or incident are finding out the causes of an accident or incident and taking measures for prevention in the future. Establishing fault and responsibility of an individual or individuals shall not be an aim of investigation of an accident or incident. 3. Investigation, classification and recording of accidents or incidents shall be performed by the authorised bodies which are given these powers respectively in the civil, state or experimental aviation. Investigations, classification and recording of aviation accidents or incidents shall be effected in the procedure established by the Government of the Russian Federation.

Article 96 Powers of the commission on aviation accident or incident investigation 1. The investigation of an aviation accident or incident shall be performed by a commission. 2. The commission on an aviation accident or incident investigation has the right to: 1) forcibly enter on board the aircraft having had an accident or incident with the aim of finding out the circumstances of the accident or incident; 2) inspect the aircraft having had an accident or incident, its component parts, property on board this aircraft or involved in the accident or incident from outside irrespective of ownership of this property as well as the facilities and objects supporting the aircraft flights; 3) entrust legal entities irrespective of their organisational-legal forms and forms of property with the performance of investigation and work connected with the aviation accident or incident investigation; 4) involve the workers of organisations irrespective of their organisational legal forms and forms of property for purposes of solving the problems requiring knowledge in the appropriate branches of science and technology;

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5) examine eye-witnesses of the aviation accident or incident, the persons who have or can have a connection with the aviation accident or incident and receive necessary information from the law enforcement bodies; 6) examine all problems of designing, testing, manufacturing, operating and maintaining the aircraft having had an accident or incident, of training the persons of the aviation personnel, of organising air traffic and of fulfilling and supporting the flights of aircraft; require and receive the documents and materials on the problems connected with the given aviation accident or incident from the appropriate bodies of executive power as well as from the citizens and legal entities; 7) conduct examination of the psychological and physical condition of the crew members of the aircraft having had an accident or incident as well as the respective persons of the aviation personnel. 3. The members of the commission on accident or incident investigation as well as the persons involved in the investigation of an aviation accident or incident have a priority right to buy tickets for using public transport when moving to the site of the accident or incident or when changing the sites of investigations upon submitting their credentials.

Article 97 Safekeeping of evidence material 1. The crew members of the aircraft having had an accident, other citizens as well as the legal entities, the bodies of executive power of the Subjects of the Russian Federation, and the bodies of the local self-management must take all possible measures before arrival of the commission on the aviation accident or incident investigation for providing the safekeeping of the aircraft having had an accident or incident, its component parts and wreckage, on-board and ground facilities of impartial monitoring, things available on board the aircraft having had the aviation accident or incident or involved in the aviation accident or incident from outside as well as the documentation related to designing, testing, manufacturing, maintaining, and operating this aircraft and support of its flight. 2. Persons who are guilty of intentional concealment of an aviation accident or incident, of information relating to such, as well as of distortion of information and destruction of the on-board and ground facilities of impartial monitoring and other evidence material related to the aviation accident or incident shall be made responsible under the laws of the Russian Federation.

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Article 98 Provision for work on the site of the aviation accident or incident 1. The federal bodies of executive power, the bodies of executive power of the Subjects of the Russian Federation, the bodies of the local self-management, the legal entities irrespective of their organisational-legal forms and the forms of property, command of military units shall render assistance to the commission in the accident or incident investigation and detach the required forces and means at the commission’s disposal, take measures for providing a guard of the aviation accident or incident site and for creating safe conditions for the work on the aviation accident or incident site in the procedure established by the Government of the Russian Federation. 2. (Repealed.) 3. (Repealed.)

Article 99 Financing the work on aviation accident or incident investigation 1. Expenses of providing the work of the commission on an aviation accident or incident investigation shall be financed on the account of the federal budget and, for the investigation of aviation accidents or incidents with civil aircraft, in addition on the account of the funds of the civil aviation agencies centralised in the order established by the law with subsequent redress of these funds on the account of the liable persons in the procedure specified by the laws of the Russian Federation. 2. (Repealed.)

Chapter 15 AIR CARRIAGE

Article 100 Carrier and passenger 1. A carrier is an operator who is performing carriage of passengers, baggage, cargo or mail and has a licence for the activity in the field of aviation that is subject to licensing in accordance with the legislation of the Russian Federation. 2. An aircraft’s passenger is a natural person who concluded an agreement on passenger air carriage or a natural person for whose carriage a contract of aircraft charter has been concluded (air charter).

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Article 101 Air carriage 1. Domestic air carriage is air carriage where the point of departure, the point of destination and all landing points are located in the territory of the Russian Federation. 2. International air carriage is air carriage where the point of departure and the point of destination are located: • on the territories of two states; • on the territory of one state but with a point (points) of landing on the territory of another state. 3. Commercial air carriage is a carriage performed for payment.

Article 102 Fulfilment of air carriage rules 1. When performing air carriage, air carriers must observe the general rules for carriage of passengers, baggage and cargo and the requirements for servicing passengers, consignors and consignees established by the federal aviation regulations. 2. Carriers have the right to establish their own rules for air carriage. These rules must not contradict the general rules of air carriage and shall not decrease the level of service for passengers, consignors, consignees. 3. The rules of air transportation of mail must be agreed with the authorised body in the field of post communication.

Article 103 Contract of passenger carriage. Contract of cargo transportation. Contract of mail transportation 1. By means of the contract of passenger carriage, the carrier shall undertake to transport the passenger of the aircraft to the point of destination providing a seat in the aircraft performing the flight indicated in the ticket and in case of air transportation of passenger’s baggage to deliver this baggage to the point of destination and hand over the baggage to the passenger or to the person authorised for receipt of the baggage. The delivery date of the passenger and the baggage shall be determined by the conditions of carriage established by the air carrier. The passenger of the aircraft shall undertake to pay for the air carriage and if his baggage is above the rate of free baggage allowance established by the carrier the passenger shall undertake to settle the carriage of this baggage.

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1.1. The passenger has the right to conclude with a carrier a contract of carriage by air of the passenger, providing a condition of reimbursement of the amount paid on the contract for the carriage by air at the termination of the contract of carriage by air of the passenger. The carrier or the person authorised by him is obliged to inform the passenger on terms of reimbursement of the transportation payment made for carriage by air before the conclusion of the contract of carriage by air of the passenger. The procedure of informing of passengers about terms of reimbursement of the transportation payment made for carriage by air shall be established by federal aviation regulations. In case of non-presentation of information on terms of reimbursement of transportation payment made for carriage by air of the passenger, the carrier or the person authorised by it bears responsibility according to the legislation of the Russian Federation. 2. By means of the contract of cargo transportation or the contract of mail transportation, the air carrier shall deliver the cargo or mail entrusted by the consignor to the point of destination and hand it over to the person authorised for receipt thereof (consignee) and the consignor shall undertake to settle the air carriage of cargo or mail.

Article 104 Aircraft charter contract (air charter) By means of the aircraft charter contract (air charter) one party (carrier) shall undertake to provide the other party (charterer) with one or several aircraft or a part of the aircraft for air carriage of passengers, baggage, cargo or mail at a charge for performance of one or several flights. The performance of air charter carriage shall be regulated by this Code.

Article 105 The documents of carriage 1. Documents of carriage are the ticket, the baggage tag, the consignment note, the mail note and other documents used in the process of provision of services by means of carriage of passengers, luggage, cargo, mail by air and specified by regulatory legal acts of the federal body of executive powers authorised in the field of transport. 2. The contract of passenger carriage, the contract of cargo transportation or the contract of mail transportation shall be documented respectively by the ticket, baggage tag, consignment or mail note. 3. The ticket, baggage tag and other documents used in the process of provision of services by means of air carriage of passengers may be issued in an electronic form (the electronic document of carriage) with the placement of an information about the conditions of the contract of carriage by air in the automated information system for the execution

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4.

5.

6.

7.

8.

of air carriages. When using an electronic document of carriage, the passenger shall have the right to demand that the carrier or the person who acts on the basis of a contract with the carrier have to hand out a certified extract from the automated information system for the execution of air carriages containing the conditions of the relevant contract of air carriage (hereinafter referred to as the extract) upon the conclusion of the contract of carriage or the registration of a passenger. The form of the ticket, baggage tag, extract from the automated information system for the execution of air carriages, consignment note, mail note and other documents used in the process of provision of services by means of carriage of passengers, luggage, cargo, mail by air shall be established by the authorised body in the field of transport. On demand of the court, prosecutor’s offices, bodies of executive powers responsible for internal affairs, court’s officer-executor, tax authorities and customs bodies the electronic document of carriage shall be transferred by the carrier or the person who acts on the basis of the contract with the carrier through the information and telecommunication network or on material carriers or shall present in the form of an extract from the automated information system for the execution of air carriages. For the statistical accounting of air carriages of passengers, the carrier or the person who acts on the basis of a contract with the carrier shall – on the basis of the information contained in the automated system for the executing air carriage – maintain a register of documents of carriage (including the register of electronic documents of carriage). The register of documents of carriage shall be kept in an electronic form or on a paper carrier and shall contain data on the payment for the air carriage of passengers, baggage and itineraries of the air carriage of passengers and baggage with an indication of the points of departure and the points of destination. The requirements for the register of electronic documents of carriage shall be established by the federal body of executive power authorised in the field of transport. The requirements for the automated information system of execution of air carriage shall be established by the federal body of executive powers authorised in the field of transport by agreement with the body that coordinates the work of the federal bodies of executive powers against terrorism.

Article 106 Services and benefits rendered to the passengers of the aircraft 1. The carrier must organise servicing the passengers of the aircraft, provide them with accurate and timely information on the movements of the aircraft and the services rendered. 2. The passenger of the aircraft shall have the right for:

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1) being transported on preferential terms in accordance with the laws of the Russian Federation and the rules of air carriage established by the carrier; 2) free of charge transportation of own baggage within the limits of the established rate. The rate of free of charge transportation of baggage including the luggage of the passenger shall be established depending on the type of the aircraft and shall not be less than ten kilogrammes per passenger; 3) free of charge carriage of one child not older than two years without providing a separate seat in the international air transportation in compliance with a preferential tariff. Additional children not older than two years as well as children aged between two and twelve years shall be carried in accordance with a preferential tariff providing separate seats for them. 4) free of charge use of services of recreation rooms, maternity rooms as well as a bed in a hotel in case of an interval in carriage through the carrier’s fault or in case of a forced delay of the aircraft in departure and (or) in flight. 3. The procedure of rendering services and benefits to the passengers of the aircraft shall be established by the federal aviation regulations.

Article 106.1 Special features of serving passengers from among handicapped individuals and other persons with disabilities 1. When entering into a contract for air carriage, a passenger from among handicapped individuals and other persons with disabilities is obliged to inform the carrier or the carrier’s agent who is carrying out the booking, sale, and issue of the carriage documents about these disabilities for providing to passenger the corresponding conditions of air carriage. 2. In case of air carriage charter carried out on the basis of a contract of charter of an aircraft (aircraft charter), a passenger from among handicapped individuals and other persons with disabilities entering a contract of a tour package is obliged to inform the tour operator or tour agent about his disabilities for providing to him the corresponding conditions of air carriage. 3. A disability and other handicapped condition may not form a reason for a tour operator or tour agent and a carrier or the carrier’s agent who is carrying out the booking, sale, and issue of the carriage documents to demand that a passenger from among handicapped individuals and other persons with disabilities to submit any document confirming the health status of such passengers regarding the handicapped status or disabilities.

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4. The operator of an airport holding a certificate for airport activities on providing services to passengers and the carrier shall provide to a passenger from among handicapped individuals and other persons with disabilities at his request the services specified under this Article. 5. An air carriage may not be denied to passengers from among handicapped individuals and other persons with disabilities by reasons of lack of technical facilities and equipment specified in Paragraph 10 of Article 37 of this Code. 6. An air carriage of a passenger from among handicapped individuals and other persons with disabilities on hand barrows shall be carried out following a prior notification of the carrier or the carrier’s agent who is carrying out the booking, sale, and issue of the carriage documents or the tour operator or the tour agent about the necessity of such carriage involving hand barrows within the time limits specified by the carrier. 7. At the airport, the following services shall be provided without charging any additional fee to passengers from among handicapped individuals and other persons with disabilities by the operator of an airport holding a certificate for airport activities on providing services to passengers: 1) escort and assistance during movement on the airport territory (including at sites of boarding into the transport mean and disembarking from it), flight check-in and luggage registration for air carriage, completing pre-flight and post-flight inspections, border and customs control at the airport, boarding an aircraft and disembarking from it, and claiming luggage upon arrival of the aircraft; 2) granting of special mobility equipment (including wheelchairs) enabling the passengers from among handicapped individuals and other persons with disabilities to move on the airport territory; 3) duplication of audio and visual information provided at the airport and necessary for passengers from among handicapped individuals and other persons with disabilities; 4) assistance in boarding an aircraft and disembarking from it, including the use of a special lifting device (ambulift) for a passenger from among handicapped individuals and other persons with disabilities who are not able to move around on their own; 5) granting for temporary use a wheelchair to a passenger from among handicapped individuals and other persons with disabilities who are not able to move around on their own if the special mobility equipment belonging to the passenger from among handicapped individuals and other persons with disabilities is delivered late to the airport of destination or to an intermediate airport, or if such special equipment is lost or damaged (spoiled) during air carriage; 6) other services established by the federal aviation regulations.

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8. On board an aircraft, the following services shall be provided by the carrier to a passenger from among handicapped individuals and other persons with disabilities without charging any additional fee: 1) familiarisation with the code of conduct on-board an aircraft and other current information in a form suitable to a passenger from among handicapped individuals and other persons with disabilities; 2) granting for temporary use a wheelchair for movement in the aircraft to a passenger from among handicapped individuals and other persons with disabilities who are not able to move around on their own; 3) other services established by the federal aviation regulations. 9. A computerised reservation system shall function in a way that information about disability of a passenger from among handicapped individuals and about the need for assistance to such passenger will be registered in the system, recorded in the air ticket and conveyed to the carrier. 10. The rules for reflecting in the air ticket information about disability of a passenger from among handicapped individuals and other persons with disabilities shall be developed by the body authorised in the field of civil aviation in coordination with the federal executive body performing functions in the development and execution of state policy and legal regulation in the sphere of labour and social protection of the population. 11. Passengers suffering from simultaneous hearing and sight disability and disabled children under the age of twelve years travelling by air shall be accompanied by a passenger assisting them during the flight. 12. The minimum number of guide dogs carried by an aircraft shall be established by the body authorised in the field of civil aviation in coordination with the federal executive body performing functions in the development and execution of state policy and legal regulation in the sphere of labour and social protection of the population. 13. The procedure for rendering services to passengers from among handicapped individuals and other persons with disabilities at airports and on board an aircraft shall be established by the body authorised in the field of civil aviation in coordination with the federal executive body performing functions in the development and execution of state policy and legal regulation in the sphere of labour and social protection of the population, with the participation of public organisations of disabled persons.

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Article 107 Termination of the contract of carriage of passengers, contract of transportation of cargo on the carrier’s initiative 1. The carrier can cancel unilaterally the contract of passenger carriage or the contract of cargo transportation in the following cases: 1) violation of passport, customs, sanitary and other requirements established by the laws of the Russian Federation by the passenger, cargo owner or consignor in the part relating to the air carriage, in international air carriage also by the rules determined by the according bodies of the state of departure, destination or transit; 2) refusal of a passenger, cargo owner, consignor to fulfil requirements demanded of them by the federal aviation regulations; 3) if the health of the passenger of the aircraft requires special conditions of carriage or threatens the safety of the passenger himself or other persons which shall be confirmed by medical documents and equally makes disorder and creates unavoidable inconveniences for other persons. The carrier may not include the services named in Paragraphs 7 and 8 of Article 106.1 of this Code into the special conditions of carriage by air; 4) refusal of a passenger of the aircraft to pay carriage of his own baggage whose weight exceeds the established rate of free of charge transportation; 5) refusal of a passenger to pay the carriage of the child travelling with him except for the cases stipulated in Subparagraph 2 of Article 106; 6) violation of the rules of behaviour by the passenger of the aircraft on board the aircraft endangering security of aircraft flight or life or health of other persons as well as non-fulfilment of the instructions of the captain of the aircraft by the passenger demanded in compliance with Article 58 of this Code; 7) presence of articles or substances in the things belonging to the passenger as well as in the baggage or cargo prohibited for air carriage. 1.1. The burden of proof of the fact of existence of evidences for terminating the contract of passenger air carriage stipulated by Paragraph 1 of this Article lies on the carrier. 2. In case of termination of the contract on transportation of cargo on the initiative of the carrier, the freight rate shall be reimbursed to the cargo owner or the shipper, except as provided for in Subparagraphs 1 and 2 of Paragraph 1 of this Article. In the cases contemplated in Subparagraphs 1 and 2 of Paragraph 1 of this Article, the freight rate paid for the carriage by air shall not be reimbursed to the cargo owner or to the shipper. 3. In case of termination of the contract on carriage by air of the passenger on the initiative of a carrier provided for by Subparagraphs 1, 2, 4, 5, and 7 of Paragraph 1 of this Article, the refund to the passenger of the transportation payment is carried out in the following order:

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1) if the passenger signed a contract of carriage by air of the passenger comprising a condition on the reimbursement of a transportation payment in case of cancellation of the contract of carriage by air of the passenger, the transportation payment paid for the carriage by air will be reimbursed to the passenger with the deduction of a penalty of twenty-five percent of the transportation payment and of the sum of expenses the carrier actually incurred and connected to the performance of obligations under the contract of carriage by air. The carrier has the right to reduce the size of the specified penalty; 2) if the passenger signed a contract of carriage by air of the passenger comprising a condition about non-refund of the transportation payment at cancellation of the contract of carriage by air of the passenger, the transportation payment made for the carriage by air shall not be reimbursed to the passenger, except for the unused sums levied by the carrier in favour of other organisations according to the legislation of foreign states, from territories of which, on territories of which, or through territories of which the carriage by air of the passenger is carried out. 4. The list of expenses of the carrier which has been actually incurred by him, connected to the performance of obligations under the contract of carriage by air of the passenger and withheld from the passenger according to this Article and Article 108 of this Code, shall be defined by authorised body in the field of civil aviation. 5. In case of termination of the contract on carriage by air on the initiative of a carrier provided for by Subparagraph 3 of Paragraph 1 of this Article: 1) the transportation payment paid for the carriage by air shall be refunded to the passenger if the state of health of the passenger of the aircraft demands special conditions of carriage by air or threatens safety of the passenger or other persons which should be confirmed by medical documents; 2) the transportation payment paid for the carriage by air shall not be refunded to the passenger if the state of health of the passenger of the aircraft creates a disorder and unavoidable inconveniences for other persons. 6. In case of termination of the contract of carriage by air of the passenger on the initiative of a carrier in connection with the actions of the passenger provided for by Subparagraph 6 of Paragraph 1 of this Article, the transportation payment paid for the carriage by air shall not be refunded to the passenger.

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Article 108 Termination of the contract of carriage of the passenger on the passenger’s initiative 1. In case of cancellation of the carriage by air by the passenger for reasons not provided for by Paragraph 2 of this Article, the refund to the passenger of the transportation payment is carried out in the following order: 1) if the passenger signed a contract of carriage of passengers comprising a condition for the refund of the carriage payment when terminating the contract of carriage of passengers, the passenger will be refunded the payment for carriage by air (except for the amount of the carrier’s costs actually incurred and associated with the performance of the obligations under the contract of carriage by air of the passenger) provided that the passenger has notified the carrier of the cancellation of the carriage by air not later than twenty-four hours before the end of the passengers’ check-in time for the flight indicated in the ticket and stipulated in accordance with the federal aviation regulations; 2) if the passenger has notified the carrier of the cancellation of the carriage by air in violation of the terms established in accordance with Subparagraph 1 of this Paragraph, but before the end of the passengers’ check-in time for the flight indicated in the ticket and stipulated in accordance with the federal aviation regulations, the passenger will be refunded the payment for the carriage by air with the deduction of a penalty in the amount of twenty-five percent of the fare for the carriage by air and the carrier’s costs actually incurred and associated with the performance of the obligations under the contract of carriage of passengers. The carrier may reduce the size of the specified penalty; 3) if the passenger has notified the carrier of the cancellation of the carriage by air after the passengers’ check-in time of the flight that was indicated in the ticket and established in accordance with the federal aviation regulation, the passenger will not be refunded the payment for the carriage by air; 4) if the contract of carriage of passengers comprises a condition of non-refund of the payment for transportation in case of cancellation of the contract of carriage by air of passengers, the payment made is not refundable, except for unused amounts levied by the carrier in favour of other organisations according to the legislation of foreign states, from territories of which, on territories of which, or through territories of which the carriage by air of the passenger is carried out. 2. In case of forced cancellation of the carriage by air by the passenger due to illness of the passenger or his family member or close relative, travelling together with him on the aircraft, which is confirmed by medical records, or in connection with the death of a family member or close relative, as evidenced by documents, and notifying the carrier before the end of the passengers’ check-in time on the flight indicated in the

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ticket and stipulated in accordance with federal aviation regulations or in connection with the delay of aircraft departure or other indicated in federal aviation regulation actions (or omissions) of the carrier, which lead to the breach or improper performance of the obligations under the contract of carriage of passengers, the passenger will be refunded the payments made for carriage by air. 3. For the purposes of Paragraph 2 of this Article, spouses, parents, and children are treated as family members (adoptive parents and adopted children) and grandparents and grandchildren and full and half-brothers and half-sisters as close relatives.

Article 109 Time of cargo delivery The carrier must deliver the cargo accepted for transportation to the point of destination within the established time. The cargo delivery time shall be determined by the federal aviation regulations or by the roles of carriage established by the carrier unless otherwise specified in the contract of cargo transportation.

Article 110 Change of the cargo transportation contract 1. The consignor has the right in the order stipulated by the federal aviation regulations or by the rules of transportation established by the carrier to take the cargo delivered for carriage back before its departure, to change the consignee in the consignment note before handing over the cargo to the person authorised for receipt of the cargo and to dispose of the cargo in case of non-acceptance of the cargo by the consignee or impossibility of handing over the cargo to the consignee. 2. In case of change of transportation conditions specified in the contract of cargo transportation the carrier must inform the consignor or consignee of this fact and ask for instructions concerning the cargo.

Article 111 Receipt of the cargo at the point of destination 1. The carrier must inform the consignee on the arrival of the cargo according to the terms stipulated by the federal aviation regulations or the rules of transportation established by the carrier unless otherwise specified in the contract of cargo transportation.

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2. The consignee shall have the right to refuse the receipt of damaged or spoiled cargo if it is found that the cargo quality has changed so that the possibility of its complete and (or) partial use in compliance with initial designation is excluded.

Article 112 Non-receipt of cargo 1. If the consignee has not claimed the cargo within the term stipulated by the federal aviation regulations, by the rules of cargo transportation established by the carrier or in the contract of cargo transportation or refused its receipt, the carrier must notify the consignor of this fact, leave the cargo for storage at the expense of the consignor and at the consignor’s risk. 2. The cargo which has not been received within the term specified by the federal aviation regulations, the rules of cargo transportation established by the carrier or by the contract of cargo transportation is considered unclaimed and shall be realised in the order determined by the federal aviation regulations. 3. Storage of cargo subject to customs inspection or disposal of cargo shall be performed in the order established by the customs legislation of the Custom Union in the framework of the Eurasian Economic Community and (or) the legislation of the Russian Federation on customs affair.

Article 113 Transportation of hazardous cargo Transportation of weapons, ammunition, explosives, contaminants, highly inflammable substances, radioactive and other hazardous articles and substances shall be performed in accordance with the laws of the Russian Federation, federal aviation regulations as well as the international agreements to which the Russian Federation is a party.

Chapter 16 AERIAL WORK

Article 114 Aerial work 1. Aerial work is the performance of work through flight operations with civil aircraft in agriculture, building and construction, for guarding and protection of the environment,

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rendering medical aid and for other purposes, the list of shall be established by the authorised body in the field of civil aviation. 2. The general rules of performance of aerial work and the roles of performance of special kinds of aerial work shall be established by the federal aviation regulations. 3. The authorities of the legislative and executive powers of the Subjects of the Russian Federation have the right to establish conditions for performance of aerial work and limitations for its performance connected with the ecological peculiarities of the respective territory or with specific conditions for the transport facilities and people staying in this territory. Coordination of the indicated conditions and limitations shall be imposed on the customer of aerial work.

Article 115 Contract for performance of aerial work 1. By the means of the contract for performance of aerial work the contractor (operator) shall fulfil aerial work for the customer in the order, within the time, in the scope and on the terms which shall be stipulated by this contract. The customer must provide the scope of work stipulated by the contract within the specified terms and pay for the aerial work. 2. The contract on performance of aerial work must also stipulate: • the procedure for usage and maintenance of airfields and landing grounds and their equipment in the operation conditions; • the provision of the required living conditions for recreation of the aircraft crew members; • other conditions for providing fulfilment of aerial work taking into account the peculiarity of the task. 3. Tariffs for fulfilment of aerial work shall be established on the basis of the contract.

Chapter 17 LIABILITY OF THE CARRIER, OPERATOR AND CONSIGNOR

Article 116 General principles of liability 1. The carrier shall be liable to the passenger of the aircraft and cargo owner in the order established by the laws of the Russian Federation, the international agreements to

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which the Russian Federation is a party as well as the contract of passenger carriage, the contract of cargo transportation and the contract of mail transportation. 2. The operator must reimburse the injury caused in operation of the aircraft if it fails to prove that the injury occurred due to force majeure or intent of the injured party. 3. The carrier, passenger, consignor and consignee shall be liable for violation of customs, currency, sanitation, quarantine and other rules in compliance with the laws of the Russian Federation.

Article 117 Liability of the carrier for causing injury to life or health of the passenger of the aircraft 1. The carrier’s liability for injury caused to passenger’s life and health in the course of an air carriage shall be determined by international treaties of the Russian Federation or, if a higher amount of compensation for such an injury is not provided for by this Code or by a contract of passenger air carriage, in compliance with the civil legislation. 1.1. The carrier is obliged to provide payment of indemnification on account out of the compensation for the injury caused to life of the passenger of the aircraft during an air carriage to the persons entitled to the right of compensation in case of the death of the breadwinner in accordance with the civil legislation, and in the absence of such persons – to the parents, spouse and children of the deceased passenger, and in case of the death of an aircraft passenger who had no independent income – to the persons, at whom he was dependent on, in the amount of two million Roubles. This specified indemnification shall be distributed among the persons entitled to the right to receive it proportionally to the number of such persons. 1.2. The carrier is obliged to provide payment of indemnification on account out of the compensation for the injury caused to health of the passenger of the aircraft during an air carriage in the amount to be defined proceeding from the character and the degree of the damage caused to the health in accordance with the specifications established by the Government of the Russian Federation. The amount of the said indemnification shall exceed two million Roubles. 1.3. In case the amount of the compensation for the injury caused to life or health of the passenger of the aircraft during an air carriage defined in accordance with the civil legislation exceeds the amount of the indemnification on account out of the compensation, the payment out of the said indemnification shall not release the carrier from the compensation for such injury in the part exceeding the sum of the paid out indemnification.

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2. In this Article the passenger air carriage includes the period from the moment the passenger of the aircraft passes the pre-flight examination for embarkation until the moment when the passenger leaves the airfield under observation of a person authorised by the carrier.

Article 118 Liability of the carrier for loss, shortage or damage (defect) to baggage, cargo as well as luggage of the passenger 1. The carrier shall be liable for the loss, shortage or damage (defect) to the baggage or cargo after acceptance for carriage and until delivery to the consignee or until transfer to another citizen or legal entity in compliance with the established rules, if the carrier does not prove that all necessary measures for preventing such damage from being caused have been taken or that it was impossible to take such measures. 2. The carrier shall be liable for the safety of the luggage of the passenger, if it fails to prove that the loss, shortage or damage (defect) to these things occurred due to circumstances which the carrier could not prevent and elimination of which did not depend on the carrier or was due to intent of the passenger. 3. The carrier shall be liable for the loss, shortage or damage (defect) to the baggage or cargo, if it fails to prove that they were not a result of actions (inactions) performed intentionally by the carrier or that they did not occur during the carriage.

Article 119 Amount of compensation to be paid by the carrier for loss, shortage or damage (defect) to the baggage, cargo as well as luggage of the passenger 1. The carrier shall be liable for the loss, shortage or damage (defect) to the baggage, cargo as well as the luggage of the passenger in the following amounts: 1) for loss, shortage or damage (defect) to the baggage, cargo accepted for transportation with declared value: in the amount of declared value. For the transportation of baggage or cargo with declared value an extra charge is made from the consignor or consignee which amount is established by the contract of baggage transportation or by the contract of cargo transportation; 2) for loss, shortage or damage (defect) to the baggage, cargo accepted for carriage without declared value: in the amount of its value but not in excess of six hundred Roubles for one kilogramme of the baggage or cargo weight;

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3) for loss, shortage or damage (defect) to the luggage of the passenger: in the amount of their values; and if it is impossible to determine their value: in the amount not exceeding eleven thousand Roubles. 2. The value of the baggage, cargo as well as of the luggage of the passenger shall be determined on the basis of the price indicated in the seller’s account or specified by the contract, and if the price is not indicated on the basis of the average price for similar goods which existed in the place where the cargo was to be delivered, on the day of voluntary satisfaction of such requirement or on the day of rendering of the judgement if the requirement was not satisfied voluntarily. 3. For loss, shortage or damage (defect) to the baggage, cargo as well as of the luggage of the passenger in the international carriage the carrier shall be liable in accordance with the international agreements to which the Russian Federation is a party. 4. In case of carriage by air, the amount of the liability for baggage stipulated by Paragraph 1 of this Article shall not apply to the amount of liability for the loss or damage (defect) of the special mobility equipment (including wheelchairs) belonging to passengers from among handicapped individuals and other persons with disabilities. For the loss or damage (defect) of the special mobility equipment (including wheelchairs), belonging to passengers from among handicapped individuals and other persons with disabilities, the carrier shall bear liability in the amount of the value of such equipment.

Article 120 Liability of the carrier for overdue delivery of a passenger, baggage, or cargo For overdue delivery of a passenger, baggage or cargo to the point of destination the carrier shall pay a penalty in the amount of twenty-five percent of the minimum amount of payment for labour for every overdue hour but not in excess of fifty percent of freight payment, if the carrier fails to prove that overdue delivery took place due to force majeure, elimination of aircraft fault threatening the life or health of the passengers of the aircraft, or due to other circumstances not depending on the carrier.

Article 121 Liability of the consignor The consignor shall be liable for injury caused by the carrier or the person to whom the carrier shall be liable due to improper or inadequate information given by the consignor.

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Article 122 Liability of the carrier for loss, damage (defect) or overdue delivery of mail The carrier shall be materially liable to the post communication agencies for loss, damage (defect) or overdue delivery of mail due to the fault of the carrier in accordance with the law of the Russian Federation.

Article 123 Agreements on increase of liability limits of the carrier The carrier has the right to make agreements with passengers, consignors or consignees on increasing its liability limits as compared with the limits established by this Code or by the international agreements to which the Russian Federation is a party.

Article 124 Procedure of making claims in case of violation of the contract of carriage of passengers, the contract of transportation of cargo, or the contract of transportation of mail 1. At the request of the passenger, consignor or consignee and if anyone of them presents the documents of carriage the carrier shall draw up a commercial act. The commercial act certifies the circumstances which can serve as the basis for the property accountability of the carrier, passenger, consignor or consignee. 2. The commercial act shall be drawn up when delivering baggage or cargo for certification in the following circumstances: 1) discrepancy of actual description of cargo, its weight or quantity of cargo units with the data indicated in the document of carriage; 2) damage (defect) to cargo; 3) shortage or damage (defect) of (to) cargo; 4) finding of baggage or cargo without shipping documents or the shipping documents without baggage or cargo. For certifying the indicated circumstances relating to mail the carrier and the post agency must draw up a commercial act. 3. Before bringing a legal action against the carrier in case of violation of the contract of transportation of cargo or the contract of transportation of mail a claim shall be made on the carrier. 4. In case of violation of the contract of carriage of a passenger, the contract of transportation of cargo or the contract of transportation of mail an application or claim shall be

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made against the carrier in the airport of the point of departure or in the airport of the point of destination at the applicant’s discretion. 5. The absence of a written commercial act shall not deprive the passenger, the consignor or the consignee of the right to make a claim or bring an action.

Article 125 Persons having the right to make claims in case of violation of the contract of carriage of passengers, the contract of transportation of cargo or the contract of transportation of mail 1. Applications to the carrier in case of violation of the contract of carriage of passengers may be made by: 1) in case of loss, shortage or damage (defect) to baggage as well as its overdue delivery: the passenger or the person authorised by the passenger on submitting the baggage ticket or the written commercial act; 2) in case of cessation of the contract of carriage of passengers on the carrier’s initiative: the passenger. 2. A claim may be made or an action brought against the carrier by: 1) in case of loss of cargo: the consignee on submitting the consignment note delivered by the carrier to the consignor with the note of the airport of point of destination on arrival (non-arrival) of cargo, and if submission of such note is impossible the document on payment of the cost of cargo and the certificate of the carrier on dispatch of the cargo having a note of the airport of point of destination on arrival (non- arrival) of cargo; 2) in case of shortage or damage (defect) to cargo: the consignee on submitting the consignment note or the written commercial act; 3) in case of overdue delivery of cargo: the consignee on submitting the consignment note; 4) in case of loss, shortage or damage (defect) to mail as well as its overdue delivery: the post agency of the mail point of destination; 5) the insurer on submitting the respective shipping documents as well as the documents confirming the facts of execution of the insurance contract and payment of insurance indemnity.

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Article 126 Term for making claims against a carrier in case of domestic air carriage 1. The claim against the carrier in case of a domestic carriage may be made during six months. The indicated time shall be calculated as follows: 1) on redress of the injury in case of shortage or damage (defect) to the cargo or mail as well as in case of overdue delivery: from the day following the day of cargo delivery, and concerning mail: from the day of drawing up the commercial act; 2) on redress of injury in case of loss of cargo: after ten days after the expiration of the delivery term; 3) on redress of loss of mail: on expiration of the delivery term; 4) on redress of injury in all other cases: from the day of the event being the basis for making this claim. 2. The carrier shall have the right to admit the claim for consideration after the expiration of the stipulated term, if the reason for missing the time of making claim is found to be reasonable.

Article 127 Term for making claim against a carrier in the case of international carriage 1. In case of damage (defect) to baggage or cargo in international carriage when discovering the damage the person having the right to its receipt shall make a written notification to the carrier not later than seven days from the day of receipt of baggage and not later than fourteen days from receipt of cargo. In case of overdue delivery of baggage or cargo the claim shall be made during the twenty one day period from the date of baggage or cargo transfer at the disposal of the person having the right to its receipt. The indicated notification shall form the basis for drawing up the commercial act. 2. In case of loss of baggage, cargo or mail a claim against the carrier may be made during the period of eighteen months from the date of aircraft arrival in the airport of point of destination, from the date when the aircraft had to arrive or from the date of termination of carriage.

Article 128 Commencement of running of the statute of limitations 1. The carrier must consider any claim during the thirty day period from the date of its receipt and notify the consignor or the consignee in writing as to acceptance or rejection of the claim.

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2. The running of the statute of limitations begins the day following receipt of the reply on withdrawal or partial satisfaction of the claim by the consignor or consignee; if such reply is not received forty five days after receipt of the claim by the carrier unless otherwise stipulated in the contract of transportation of cargo or the contract of transportation of mail.

Article 129 Liability for injury caused by a collision of aircraft 1. When aircraft collide or when one aircraft causes damage to another aircraft without collision, the liability of the aircraft operator for the damaged property shall be determined as follows: 1) damages caused to one of the operators due to the fault of the other operator shall be remunerated by the liable one; 2) if both (several) operators shall be liable the amount of compensation shall be determined in conformity with the degree of liability of each operator. If it is impossible to determine the degree of liability, the liability shall be distributed equally between the operators. 2. If none of the aircraft operators is found guilty of causing damage, none of them shall have the right to require compensation from the other. 3. No operator whose aircraft participated in a collision shall be liable unless otherwise proved in the established order. 4. The property liability for the injury caused to life or health of passengers of the aircraft as well as for the injury caused to the property of third persons in the aircraft shall be with the aircraft operator in accordance with this Code in which case the third person has the right of contribution (recourse) against the liable party in compliance with Paragraph 1 of this Article.

Article 130 Amount of liability for injury caused during carriage 1. An aircraft operator shall be liable for the injury caused to life or health or for damage to the property of passengers of the aircraft during the journey in the amount stipulated by the civil law of the Russian Federation unless otherwise stipulated in an international agreement to which the Russian Federation is a party. 2. An aircraft operator shall be liable for the injury caused to life or health or for damage to the property of a third person during the journey in the amount stipulated by the

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civil law of the Russian Federation unless otherwise stipulated in an international agreement to which the Russian Federation is a party.

Article 131 Obligatory liability insurance of an aircraft operator to third persons 1. Liability insurance of an aircraft operator to third persons for injury caused to life or health or for damage to the property of third persons in operation of an aircraft shall be compulsory. 2. When carrying out flights and aerial work in the airspace of the Russian Federation the minimum amount of the insurance sum shall be established in the amount of not less than two minimum amounts of payment for labour established for each kilogramme by the federal law at the moment of executing the insurance contract for each kilogramme of maximum take-off weight of the aircraft. 3. When carrying out international flights and aerial work in the airspace of foreign states the minimum amount of the insurance sum shall be established in accordance to the laws of the respective foreign state.

Article 132 Obligatory insurance of life and health of aircraft crew members 1. Insurance of life and health of aircraft crew members when they execute their official duties shall be compulsory. 2. The insurance sum per each crew member of the aircraft shall be established to be not less than one thousand minimum amounts of payment for labour established by the federal law at the moment of executing the insurance contract.

Article 133 Obligatory civil liability insurance of a carrier to the passenger of the aircraft The carrier is obliged to insure the risk of his civil liability to the passenger of the aircraft for the injury caused to his life or health during an air carriage, as well as for the damage caused to his baggage and to his personal belongings carried with himself in compliance with federal law.

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Article 134 Obligatory liability insurance of the carrier to the cargo owner or the consignor A carrier must insure liability to a cargo owner or consignor for the loss, shortage or damage (defect) to the cargo in the insurance sum whose amount must not be less than two minimum amounts of payment for labour established by the federal law at the moment of delivery of the consignment note for each kilogramme of cargo.

Article 135 Obligatory liability insurance of the exploiter in aerial work The operator must insure his liability for injury which can be caused in connection with the aerial work performed by the exploiter.

Chapter 18 FINAL PROVISIONS

Article 136 Putting the present Code into force 1. This Code shall come into force on 1 April 1997. 2. The Paragraph 8 (in the line of application of the Air Code of the USSR) of the enactments of the Supreme Soviet of the Russian Federation as of March 3, 1993 No. 4604-I “Some problems of application of the laws of the USSR in the territory of the Russian Federation” (Record of Congress of Peoples’ Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 11, Art. 393; Legislative Assembly of the Russian Federation, 1994, No. 32, Art. 3302) shall be treated as invalid from 1 April 1997. From 1 April 1997 the following shall not be applied in the territory of the Russian Federation: Decree of the Presidium of the Supreme Soviet of the USSR of 11 May 1983 No. 9275-X “Approval of the Air Code of the USSR” (Record of the Supreme Soviet of the USSR, 1983, No. 20, Art. 303); Law of the USSR of 17 June 1983 No. 9202-X “Approval of the Decree of the Presidium of the Supreme Soviet of the USSR ‘Approval of the Air Code of the USSR’” (Record of the Supreme Soviet of the USSR, 1983, No. 25, Art. 384);

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Decree of the Presidium of the Supreme Soviet of the USSR of 2 October 1987 No. 7812-XI “Introduction of Revisions into the Air Code of the USSR” (Record of the Supreme Soviet of the USSR”, 1987, No. 40, Art. 652). Other legal acts shall be brought into line with the present Codes. 3. Until the laws and other legal acts regulating the relations in the field of aviation and acting in the territory of the Russian Federation are brought into line with this Code, the laws and other legal acts of the Russian Federation as well as the legal instruments of the USSR operating on the territory of the Russian Federation in the order stipulated by the laws of the Russian Federation shall be applied so far as they do not contradict this Code. The legal instruments of the President of the Russian Federation, the Government of the Russian Federation and the enactments of the Government of the USSR operating in the territory of the Russian Federation concerning the issues which in compliance with this Code can be regulated only by the federal laws shall be valid until the respective laws have been enacted.

Article 137 Procedure of application of the provisions of this Code 1. The provisions of this Code shall be applied to the civil legal relations arising after the Code has come into force. Concerning the civil legal relations arising before this Code has come into force the provisions of this Code shall be applied to the rights and obligations which will arise after this Code has come into force. 2. The statutes of limitation regarding claims established by Articles 126, 127 and 128 of this Code shall apply also to those claims which by virtue of statutes of limitation stipulated by former laws have not expired when this Code came into force.

President of the Russian Federation B. YELTSIN Moscow, Kremlin 19 March 1997 No. 60-FZ

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About the Author The author has been specialising in aviation law for more than 23 years. For about 10 years, he has been advising the Russian Government and Aeroflot – together with former Federal Minister of Internal Affairs Gerhart R. Baum and Prof. Dr. iur. Elmar Giemulla – on the restructuring of the Russian aviation industry and the drafting of a new legal basis for air transport. Dr. jur. Heiko van Schyndel is a fully qualified German and Russian lawyer, a member to the Rechtsanwaltskammer Berlin/Germany and Collegium of Advocates in Voronezh/Russia.

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Essential Air and Space Law (Series Editor: Marietta Benkö) Volume 1: Natalino Ronzitti & Gabriella Venturini (eds.), The Law of Air Warfare – Contemporary Issues, ISBN 978-90-77596-14-2 Volume 2: Marietta Benkö & Kai-Uwe Schrogl (eds.), Space Law: Current Problems and Perspectives for Future Regulations, ISBN 978-90-77596-11-1 Volume 3: Tare Brisibe, Aeronautical Public Correspondence by Satellite, ISBN 978-9077596-10-4 Volume 4: Michael Milde, International Air Law and ICAO, ISBN 978-90-77596-54-8 Volume 5: Markus Geisler & Marius Boewe, The German Civil Aviation Act, ISBN 97890-77596-72-2 Volume 6: Ulrich Steppler & Angela Klingmüller, EU Emissions Trading Scheme and Aviation, ISBN 978-90-77596-79-1 Volume 7: Heiko van Schyndel (ed.), Aviation Code of the Russian Federation, ISBN 97890-77596-80-7 Volume 8: Zang Hongliang & Meng Qingfen, Civil Aviation Law in the People’s Republic of China, ISBN 978-90-77596-91-3 Volume 9: Ronald M. Schnitker & Dick van het Kaar, Aviation Accident and Incident Investigation. Concurrence of Technical, ISBN 978-94-90947-01-9 Volume 10: Michael Milde, International Air Law and ICAO, second edition, ISBN 97890-90947-35-4 Volume 11: Ronald Schnitker & Dick van het Kaar, Safety Assessment of Foreign Aircraft Programme. A European Approach to Enhance Global Aviation Safety, ISBN 978-94-9094793-4 Volume 12: Marietta Benkö & Engelbert Plescher, Space Law: Reconsidering the Definition/Delimitation Question and the Passage of Spacecraft through Foreign Airspace, ISBN 978-94-6236-076-1 Volume 13: Heiko van Schyndel (ed.), Aviation Code of the Russian Federation, second edition, ISBN 978-94-6236-433-2

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