Air Code of the Republic of Uzbekistan
07.05.1993
SECTION I. GENERAL PROVISIONS
Article 1. Sovereignty over airspace
The Republic of Uzbekistan has full and exclusive sovereignty over the airspace located above the land and water territory of the Republic.
The airspace of the Republic of Uzbekistan is part of its state territory.
Article 2. Legislation on the use of airspace and aviation activity
Relations in the field of use of the airspace of the Republic of Uzbekistan and the activities of all its users, including aviation activity on the territory of the Republic of Uzbekistan, are regulated by this Code, the Regulation on the use of airspace of the Republic of Uzbekistan, the Basic rules for aviation flights in the airspace of the Republic of Uzbekistan, approved by the Cabinet of Ministers of the Republic of Uzbekistan, as well as the Rules of flights of civil and experimental aviation in the airspace of the Republic of Uzbekistan and the Rules of flight of state aviation in the airspace of the Republic of Uzbekistan, approved respectively by the Aviation Administration of the Republic of Uzbekistan and the Ministry of Defense of the Republic of Uzbekistan, and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes other rules than those stipulated by the legislation of the Republic of Uzbekistan on the use of airspace and aviation activity, then the rules of the international treaty shall apply.
Article 3. Application scope of the Air Code of the Republic of Uzbekistan
The Air Code of the Republic of Uzbekistan determines the procedure for the activities of aviation, other activities for the use of airspace in order to protect the interests of the state. Ensuring flight safety of aircraft and meeting the needs of the national economy of the Republic of Uzbekistan and citizens: applies to all aviation of the Republic of Uzbekistan, except articles 24, 25, 33, 38, 43 — 46, 50, 53, 54, 56, 94 — 135, which apply only on civil aviation.
Article 4. State regulation and control in the field of the use of airspace and aviation activity
State regulation and control in the field of the use of airspace is assigned to the Ministry of Defense of the Republic of Uzbekistan in accordance with the Regulation on the use of airspace.
Regulation and control in the field of civil and experimental aviation is carried out by the Aviation Administration of the Republic of Uzbekistan.
Regulation and control in the field of state aviation activity within its competence are carried out by the Ministry of Defense, the State Security Service, the National Guard, the Ministry of the Internal Affairs, and other government bodies in accordance with the decision of the Cabinet of Ministers of the Republic of Uzbekistan.
Article 5. Participation of non-governmental organizations and citizens in the development and implementation of measures to regulate the use of airspace and aviation
Commercial, public and other non-governmental organizations and citizens have the right to take part in the development and implementation of measures for the rational, efficient and safe use of airspace and aviation activities.
State bodies take into account the proposals of commercial, public and other non-governmental organizations and citizens in the development and implementation of these measures.
SECTION II. USE OF AIRSPACE
Chapter I. REGULATION OF USE OF AIR SPACE
Article 6. Activities associated with the use of airspace
Activities related to the use of the airspace of the Republic of Uzbekistan include flights of aircraft and other flying machines, all types of firing and missile launches, blasting operations and other activities related to the movement of material objects in the airspace.
Article 7. Airspace users
The users of the airspace of the Republic of Uzbekistan are enterprises, institutions, organizations and citizens of the Republic of Uzbekistan, as well as other states engaged in the activities specified in Article 6 of this Code, officially registered in the state bodies of the Republic of Uzbekistan.
Article 8. Structure of airspace
To carry out activities related to the use of airspace, air traffic service areas, areas of aerodromes and air hubs, air ways, routes and special flight areas of aircraft, areas of uncontrolled flights, prohibited and restricted areas, training areas, blasting operations areas, as well as other special elements are established in the airspace that together form the structure of the airspace of the Republic of Uzbekistan.
The organization of the use of airspace should be subject to generally recognized environmental standards.
Article 9. Priorities in the use of airspace
All users of the airspace have equal rights and bear the same responsibility on the territory of the Republic of Uzbekistan in carrying out activities related to the use of airspace.
The right to use certain part of the airspace in the presence of two or more interested users of this airspace is granted in accordance with the following priorities:
a) repelling an air attack or preventing and stopping violation of the state border of the Republic of Uzbekistan, eliminating the use of force or the threat of using force against the sovereignty, territorial integrity, political independence and public security of the Republic of Uzbekistan;
b) providing assistance in case of natural or other disasters, catastrophes, accidents, emergency situations that threaten the life and health of people or create a danger to the population of significant economic damage;
c) launch, landing, search and evacuation of spacecraft and their crews;
d) prevention and termination of violations of the procedure for the use of airspace;
e) aircraft flights or other activities carried out in accordance with decisions of the Cabinet of Ministers of the Republic of Uzbekistan;
f) aircraft flights or other activities carried out in accordance with international agreements of the Republic of Uzbekistan;
g) regular transportation of passengers;
h) flights of state aviation of the Republic of Uzbekistan, as well as other states in accordance with special rules;
i) conducting experimental and research work;
j) regular transportation of goods and mail;
k) irregular air transportation, the performance of aviation and other work in the interests of the national economy;
l) conducting educational, exhibition, cultural, educational and other events;
m) activities related to the satisfaction of personal needs of citizens;
o) other activities.
Article 10. Bodies implementing operational regulation of the use of airspace
Operational regulation of the use of airspace is carried out within the limits of their competence by the bodies referred to in Article 4.
Article 11. Permission to use of airspace
Activities associated with the use of airspace are allowed provided that in compliance with the necessary security measures and only after obtaining permission from the bodies referred to in Article 4 through the Department of airspace use (DAU).
Instructions of the Department of airspace use are binding on all airspace users.
Article 12. Prohibition and restriction of the use of airspace
The use of the airspace of the Republic of Uzbekistan or its individual areas may be prohibited or restricted for the implementation of the activities specified in Article 6 of this Code by the bodies of the Department of airspace use.
Article 13. Organization of communication
Ministries, departments, enterprises, institutions, organizations and citizens interested in using the airspace are obliged to organize communication channels with the relevant authorities of the Aviation Administration, the Ministry of Defense, and in the case of using the airspace for aircraft flights with the air attack defense bodies of the Republic of Uzbekistan.
Communication companies lease the necessary communication channels and devices to users. In case of failure of the provided communication channels and devices, they must be replaced in the prescribed manner by others.
All international and intercity telephones and public telegraphs are installed and operated by enterprises of the Ministry for the Development of Information Technologies and Communications of the Republic of Uzbekistan.
Communication on international and intercity telephones and telegraphs is provided as a matter of priority when conducting search and rescue operations and providing assistance in emergency situations.
Article 14. Violations of the procedure for the use of airspace
Activities related to the use of the airspace of the Republic of Uzbekistan, which is carried out in violation of this Code and other regulations developed in accordance with it, shall be recognized as a violation of the procedure for the use of airspace of the Republic of Uzbekistan.
The bodies that monitor compliance with the procedure for using airspace are required to take measures to stop or cross violations of the procedure for the use of airspace.
Users of the airspace, as well as legal entities and individuals who are not related to aviation activities, who have violated the procedure for the use of airspace, or committed actions that have endangered the safety of aircraft flights, are obliged to, at the request of the above mentioned bodies, to terminate the specified violation or the activity led to that violation at their own expense and forces.
Article 15. Violator aircraft
If the violator aircraft does not comply with the landing order, the Armed Forces of the Republic of Uzbekistan may use weapons and military equipment in the event that there are reasonable grounds to believe that the violation of the procedure for the use of airspace is deliberate and force is being used or there is a threat of using force against sovereignty, territorial integrity, political independence and public security of the Republic of Uzbekistan, and the cessation of violation cannot be carried out by other means.
In the event that there is reliable information that passengers or other persons who are not involved in violating the procedure for the use of airspace are on the violator aircraft, weapons and military equipment are not used.
The violator aircraft may be detained at the landing aerodrome in the absence of grounds and non-compliance with the conditions for entering the airspace of the Republic of Uzbekistan and in other cases, violations of the procedure for the use of airspace.
Further flight of the violator aircraft after investigation of the violation is permitted in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 16. Sanctions for violation of the procedure for the use of airspace
Each violation of the procedure for the use of airspace is subject to investigation in accordance with the Regulation on the use of airspace of the Republic of Uzbekistan. Persons guilty of violating the procedure for the use of airspace are liable in the prescribed manner.
Article 17. Activities that may pose a threat to safety of flights
Activities that may pose a threat to safety of flights in the aerodrome territory include: construction of electric transmission facilities and lines; work due to which electromagnetic, light, acoustic, corpuscular and other types of radiation occur in airspace; placement of objects leading to a massive concentration of birds and wild animals (rodents) and worsening the ornithological situation, flight visibility and condition of the flight areas in aerodromes; planting seedlings of tall trees in the take-off and landing zones of aircrafts, as well as any other activity not directly related to the movement of material objects in the airspace, but affecting the safety of flights of aircrafts, other flying machines, their equipment and people on them.
Article 18. Permission to carry out activities that may pose a threat to safety of flights
Activities that may pose a threat to safety of flights can only be carried out with permission obtained in the manner prescribed by the Cabinet of Ministers of the Republic of Uzbekistan. Control over the implementation of such activities is carried out by the bodies listed in Article 4.
Enterprises, institutions, organizations and citizens who have violated the rules for carrying out activities that pose a threat to safety of aircraft flights are required to eliminate these violations at their own expense and forces, and till their elimination, to terminate such activities.
Article 19. Notification about activities that may pose a threat to safety of aircraft flights
In order to exclude cases of unintentional entry of aircrafts and other flying machines into the area where the activities that may pose a threat to their safety, the body or person carrying out such activity notifies users of the airspace through the aeronautical information service about the performance of the specified activity.
Article 20. Marking of objects that pose a threat to safety of flights
In order to ensure safety of flights, owners of buildings and structures that pose a threat to safety of flights are required to place night and day marks and devices at these facilities at their own expense in accordance with the requirements established by the Aviation Administration of the Republic of Uzbekistan.
Article 21. Placing marks and devices in the aerodrome area
It is not allowed to place any signs and devices in the aerodrome area that are similar to marks and devices placed for identifying aerodromes.
Article 22. Photographing, filming and using radio communications
Photographing, filming and using radio communications from the aircraft are allowed in the manner established by the bodies referred to in Article 4.
SECTION III. AVIATION OF THE REPUBLIC OF UZBEKISTAN
Chapter II. GENERAL PROVISIONS
Article 23. Composition of aviation of the Republic of Uzbekistan
Aviation of the Republic of Uzbekistan is divided into experimental, state and civil.
Aviation, intended for experiment-design, experimental, scientific research and testing in the field of aviation and other technic, refers to experimental aviation.
State aviation includes military aviation under the jurisdiction of the Ministry of Defense, the Ministry of Internal Affairs, the State Security Service and the National Guard, as well as by decision of the Cabinet of Ministers of the Republic of Uzbekistan — other government bodies. Aviation, which is not included in experimental and state aviation, refers to civil aviation.
Article 24. Civil aviation
Civil aviation is used to:
a) transportation of passengers, baggage, cargo and mail (air transportation);
b) the performance of aviation work;
c) conducting educational, sporting, cultural and spiritual events, developing technical creativity, and satisfying the personal needs of citizens;
d) the delivery to the emergency areas of forces and equipment for emergency rescue operations, as well as cargo to assist the victims.
Civil aviation, used for these purposes for a fee or for hire, is recognized as commercial aviation.
Civil aviation used for these purposes not for a fee or for hire is recognized as general significant aviation.
Article 25. Ownership of aviation aids
Aviation aids: aircrafts, aerodromes, airports, technical equipment and other property necessary for organizing, performing and ensuring aircraft operations, may be in private and public ownership.
Restrictions on the acquisition of aviation aids in ownership cannot be established, with the exception of cases provided for by the legislation of the Republic of Uzbekistan.
Chapter III. AERODROMES. AIRPORTS
Article 26. Classification of aerodromes
An aerodrome is a specially equipped section of the earth or water surface, with buildings, structures and equipment located on it, intended in whole or in part for the arrival, departure and movement of aircraft on this surface.
Aerodromes, depending on their purpose, are divided into basic, temporary and reserve.
Aerodromes, depending on the type of aviation, are divided into civil aviation aerodromes, state aviation aerodromes, experimental aviation aerodromes and aerodromes using in cooperation (basing).
An airport is a complex of structures designed for receiving and sending aircraft, servicing air transportation and having for this purpose an aerodrome, airport terminal, other facilities, as well as the necessary equipment.
Article 27. Provision of land for aerodromes and airports
Land allocation for the construction of aerodromes and airports is carried out in accordance with the legislation of the Republic of Uzbekistan.
The sizes of land plots for aerodromes and airports are established in accordance with the standards and design and technical documentation, approved in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 28. Construction and reconstruction of aerodromes
Surveying, design, construction and reconstruction of aerodromes and airports are coordinated with the relevant local bodies and interested ministries, departments and organizations in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
The construction and reconstruction of aerodromes, as well as industrial, civil and housing construction in the areas of aerodromes should be carried out in such a way as to exclude the harmful effects of aircraft noise, emissions of aircraft engines, electromagnetic and other radiation.
Article 29. Aerodrome exploiter
A legal entity or a citizen of the Republic of Uzbekistan, as well as another state, is recognized as an aerodrome exploiter in accordance with international treaties of the Republic of Uzbekistan, to which this aerodrome is owned (the owner of the aerodrome), under a lease or on other grounds provided for by the legislation of the Republic of Uzbekistan and having a certificate of conformity of aerodrome.
Article 30. Permission to operation aerodrome
An aerodrome is allowed for operation when it meets the standards of usability and requirements ensuring the safety of aircraft flights. An aerodrome designed to provide for the carriage of passengers, in addition, must comply with additional requirements related to passenger service. Aerodromes intended for state, civil and experimental aviation are subject to mandatory certification.
The standards of usability and certification of aerodromes, as well as their equipment, are established:
for civil aerodromes, aerodromes of experimental aviation and aerodromes using in cooperation (basing) — by the Aviation Administration of the Republic of Uzbekistan;
for aerodromes of state aviation — by the Ministry of Defense of the Republic of Uzbekistan.
Ensuring compliance of the aerodrome with the requirements established for obtaining the certificate of conformity of the aerodrome is assigned to the aerodrome exploiter throughout the entire period of its operation.
Article 31. Registration of state aviation aerodromes
State aviation aerodromes are subject to registration with the Ministry of Defense of the Republic of Uzbekistan.
After the state aerodrome is entered into the register, the exploiter is issued a certificate of registration of the state aerodrome.
The procedure for registering state aviation aerodromes and issuing certificates of registration is established by the Ministry of Defense of the Republic of Uzbekistan.
Article 32. Aerodrome using in cooperation (basing)
An aerodrome using in cooperation is recognized as a state aviation aerodrome, on which flights of civil or experimental aviation aircrafts are operated without the right to base at that aerodrome.
An aerodrome using in cooperation is the aerodrome of civil, state or experimental aviation, on which aircrafts operated by various departments are based.
Using aerodromes in cooperation (basing) by various users of airspace is carried out in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 33. Transport traffic and communication between the airport and settlements
Between airports and the nearest cities, settlements, regular transport traffic is established, ensuring the need for passenger transportation.
The construction, reconstruction, improvement and operation of access roads to airports, the regular movement of passenger vehicles on these roads, as well as telephone and other means of communication between cities and other settlements with airports, are provided by local bodies.
Article 34. Liquidation of aerodromes
The liquidation of aerodromes, including with the aim of transferring them to another place, is carried out in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Chapter IV. AIRCRAFTS
Article 35. Classification of aircrafts
Aircrafts depending on the type of aviation are divided into civil, state and experimental.
Article 36. Certification of aircraft production
Enterprises and organizations carrying out serial production of certified types of aircraft and other flying machines operate in accordance with established requirements for the production of aircrafts and other flying machines and certification of aircraft production.
The development of requirements for the production of aircraft and other flying machines and its certification are carried out taking into account international standards and recommendations in the manner determined by the Interstate Aviation Committee.
Article 37. Permission to use
A civil aircraft, as well as a state aircraft used for commercial purposes, is allowed to operate in accordance with the airworthiness standards of civil aircraft, and about this an aircraft airworthiness certificate is issued to the aircraft exploiter.
The airworthiness standards of civil aircraft are established by the Aviation Administration of the Republic of Uzbekistan. The procedure for issuing a certificate of airworthiness of civil aircraft is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
The certificate of airworthiness of aircraft issued by a foreign state may be recognized as valid in the Republic of Uzbekistan in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.
The maintenance of a civil aircraft in a condition that meets the requirements of the certificate of airworthiness of the aircraft is assigned to the aircraft exploiter. Control over the observance with such compliance is carried out by the Aviation Administration of the Republic of Uzbekistan.
State aircraft are allowed to operate in the manner determined by the Ministry of Defense of the Republic of Uzbekistan.
Article 371. Aircraft maintenance
Aircraft maintenance is carried out on the basis of an aircraft maintenance organization certificate issued by the Aviation Administration of the Republic of Uzbekistan.
The procedure for issuing an aircraft maintenance organization certificate is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 38. Aircraft type certificate
Aircraft type certificate is a document issued by the Interstate Aviation Committee that defines the aircraft type design and confirms its compliance with the airworthiness standards of civil aircraft.
Aircraft type certificate issued by a foreign state may be recognized valid in the Republic of Uzbekistan provided that it complies with the airworthiness standards of civil aircraft established by the Aviation Administration of the Republic of Uzbekistan.
Article 39. Registration of aircraft
Civil and state aircraft are subject to registration. Civil aircraft are registered in the State register of civil aircraft of the Republic of Uzbekistan, and state aircraft — in the Register of state aircraft of the Republic of Uzbekistan.
The owner of an aircraft entered in the relevant register is issued a registration certificate.
The procedure for maintaining the State register of civil aircraft of the Republic of Uzbekistan and the Register of state aircraft of the Republic of Uzbekistan, as well as the procedure for issuing a registration certificate of aircraft are determined respectively by the Cabinet of Ministers of the Republic of Uzbekistan and the Ministry of Defense of the Republic of Uzbekistan.
Experimental aircraft are not entered into the State register, but are registered with the Aviation Administration.
The procedure for registering experimental aircraft is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Aircrafts entered in the State register of civil aircraft of the Republic of Uzbekistan or the Register of state aircraft of the Republic of Uzbekistan, as well as experimental aircraft registered with the Aviation Administration, are national aircrafts belong to the Republic of Uzbekistan.
A foreign aircraft shall be entered in the corresponding register of the Republic of Uzbekistan only after its deletion from the register of aircraft of the corresponding foreign state.
Registration of an aircraft of the Republic of Uzbekistan in the register of aircraft of any foreign state shall not recognized if this aircraft is not deleted in the prescribed manner from the corresponding register of the Republic of Uzbekistan.
Article 40. Deletion from the register
An aircraft is deleted from the corresponding register of the Republic of Uzbekistan in the following cases:
a) write-offs or decommission of the aircraft from usage;
b) the sale or transfer of the aircraft in the prescribed manner to a foreign state, foreign legal entity or individual;
c) transfer of an aircraft to the experimental aircraft category;
d) in other cases provided for by aircraft registration procedures.
If the aircraft is deleted from the corresponding register of the Republic of Uzbekistan, the registration certificate of the aircraft and all entries made in relation to this aircraft in the corresponding register shall be invalid.
Article 41. Marks applied to aircrafts
During registration, aircraft are issued state and registration identification marks that are applied to these aircraft.
In addition to state and registration identification marks, additional marks (symbols, inscriptions, emblems) may be applied to aircraft. These marks are applied to aircraft in such a way as not to impede the visual identification of state and registration marks.
The procedure for applying state and registration identification marks and other marks on civil and experimental aircraft is determined by the Aviation Administration, and on state aircraft by the Ministry of Defense of the Republic of Uzbekistan.
Article 42. Restrictions on the right to use aircrafts
Restrictions on the right to use aircrafts in the territory of the Republic of Uzbekistan (involvement in certain responsibility, temporary or permanent exemption from the right and other restrictions in special circumstances) are allowed by decision of the President of the Republic of Uzbekistan.
Article 43. Transfer of rights and obligations when renting aircraft
An aircraft of the Republic of Uzbekistan can be rented (with or without crew) to a foreign exploiter if there is a rent agreement between the owner of the aircraft and the future exploiter with the transfer of the relevant rights and obligations. The Aviation Administration of the Republic of Uzbekistan in the prescribed manner may conclude an agreement with the competent authority of a foreign state in order to transfer to it certain responsibilities for monitoring the operation of the leased aircraft.
A similar procedure also applies in cases of rent by an exploiter of the Republic of Uzbekistan of a foreign aircraft.
Chapter V. AIRCRAFT EXPLOITERS
Article 44. Issuance of an exploiter certificate
A legal entity or individual who owns an aircraft on the basis of ownership or other property right, whose ability to exploit this aircraft is confirmed by an exploiter certificate, is recognized as an aircraft exploiter.
The exploiter certificate is issued by the Aviation Administration in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan. In this case, a prerequisite for obtaining such a certificate is the availability of own or rented aircraft, structures of flight and technical services.
Refusal to issue an exploiter certificate on the grounds of inexpediency is not allowed. A refusal to issue an exploiter certificate may be appealed in court.
When re-examining the application for issuing an exploiter certificate, it is not allowed to refuse to issue an exploiter certificate on new grounds not previously indicated in the notification of refusal to issue this certificate.
The exploiter certificate in the prescribed manner may be suspended, terminated or the exploiter certificate may be cancelled. The exploiter certificate is not transferable to another person.
Article 45. Recognition of an exploiter certificate
The exploiter certificate or a similar document issued by a foreign state can be recognized as valid in the Republic of Uzbekistan in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 46. Control over the activities of the exploiter
The body that issued the exploiter certificate monitors compliance with the requirements established for the exploiter.
In case of violation by the aircraft exploiter certificate of the requirements established for issuing the certificate of the exploiter certificate, the issuing authority has the right to warn him/her of the need to eliminate the violation in a timely manner.
The Aviation Administration of the Republic of Uzbekistan has the right to operational inspection of foreign exploiters performing regular flights in Uzbekistan, unless otherwise provided by international agreement.
Chapter VI. AVIATION PERSONNEL
Article 47. Classification of aviation personnel
Aviation personnel include persons whose activities are related to the organization, performance and provision of flights, as well as air traffic services.
The aviation personnel, depending on the type of aviation, is divided into aviation personnel of civil, state and experimental aviation, respectively.
Article 48. Composition of aviation personnel
The composition of the aviation personnel includes:
a) persons of flight personnel;
b) persons engaged in the organization and maintenance of air traffic;
c) persons organizing flights of aircraft;
d) persons performing aircraft maintenance;
e) persons providing flight support for aircraft.
The list of positions for persons belonging to the aviation personnel of civil, state and experimental aviation is established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 49. Preparation and admission to professional activities
Preparation for professional activities of aviation personnel, which, in accordance with the positions held, is directly related to the organization, performance and provision of flights, as well as air traffic services, is carried out in state-certified organizations. Certification of educational institutions for the training of civil and state aviation personnel is carried out respectively by the Aviation Administration of the Republic of Uzbekistan and the Ministry of Defense of the Republic of Uzbekistan in the manner prescribed by law.
Aviation personnel directly related to the performance and provision of aircraft flights are allowed to engage in professional activities if there is a certificate of the right to carry out such activities and in accordance with established health conditions.
The procedure for admission of aviation personnel to professional activities and the issuance of a certificate for the right to carry out it, as well as medical examinations and health requirements for various categories of aviation personnel are established for civil and experimental aviation by the Aviation Administration, for state aviation — by the Ministry of Defense of the Republic of Uzbekistan.
In carrying out professional activities, civil aviation personnel must have a valid certificate with them.
Article 50. Recognition of aviation personnel certificate
The certificates of aviation personnel issued or given power by a foreign state are recognized in the Republic of Uzbekistan as valid provided that the requirements according to which such certificates were issued or given power are met or exceed the minimum standards established by the International Civil Aviation Organization.
Article 51. Aircraft crew
The crew of the aircraft consists of the commander, other flight personnel and service personnel.
The composition of the crews of civil and state aircraft, depending on the type and purpose of the aircraft, the goals and conditions of their usage, is determined by the developer and the customer and is indicated in the documents for the flight usage of each type of aircraft. The crews of these aircraft, in addition, may include other aviation personnel associated with the usage of this aircraft, in the manner determined respectively by the Aviation Administration or the Ministry of Defense of the Republic of Uzbekistan.
The composition of the crew of an experimental aircraft depending on the goals and objectives of experimental design, experimental or research work is determined by the manufacturer and developer of the aircraft in agreement with the Aviation Administration of the Republic of Uzbekistan.
Article 52. Aircraft commander
The aircraft commander can only be a person who has the specialty of a pilot and, in the prescribed manner, has the right to independently control this type of aircraft.
The aircraft commander manages the activities of the crew, ensures discipline and order on the aircraft, compliance with the rules of flight and usage of the aircraft, and also takes the necessary measures to preserve the aircraft and ensure the safety of people and property on board.
The aircraft commander has the right to:
a) make the final decision on the departure, flight and landing of the aircraft, as well as on the termination of the flight and return to the point of departure or on an emergency landing. In the event of a clear threat to flight safety, as well as in order to save the lives of people on board the aircraft, such a decision can be made by deviating from the flight plan, instructions of the air traffic services authority and flight assignment, but if possible, in accordance with the established flight rules. The aircraft commander is obliged to immediately inform the air traffic services authority of the actions taken; under the direct control of which the aircraft is related;
b) within its competence, give orders to any person on board of the aircraft that are subject to unquestioning execution;
c) take all necessary measures, including the use of weapons, to persons who, through their actions pose a direct threat to flight safety and do not obey his/her orders. Upon arrival of the aircraft at the nearest aerodrome, the aircraft commander may remove such persons from the aircraft, and if the act containing signs of a crime has been committed, transfer them to the relevant authorities;
d) drain fuel in flight, dump luggage, cargo and mail, if necessary to ensure the safety of flight and landing of the aircraft.
Article 53. Procedure for compensation for damage caused to aircraft crew members
In the event of injury or other damage to the health of the crew members of the aircraft that occurred in connection with the performance of their duties during the flight, the aircraft exploiter is obliged to compensate the injured party in so far as exceeds the amount received by him/her or assigned to him/her after damage to his/her health and actually received to them a pension, if he/she does not prove that the damage arose as a result of the intent of the victim.
In the event of the death of a crew member of the aircraft that occurred in connection with the performance of his/her duties during the flight, according to the same rules, compensation is made for disabled persons who are dependent on the deceased or who had the right to receive maintenance from him, as well as the child a deceased born after his/her death.
Article 531. Guarantees and privileges provided to aviation personnel of civil aviation
Civil aviation enterprises provide certain categories of aviation personnel with uniforms of a standard pattern and meals in the performance of their duties.
Civil aviation enterprises may provide aviation personnel with preferential fare on operated aircraft.
The guarantees and privileges to the civilian aviation personnel provided by this article and enshrined in network agreements on labor remuneration are provided at the expense of civil aviation enterprises and are not considered as income of individuals.
Chapter VII. AIR TRAFFIC
Article 54. Airspace classification
The airspace of the Republic of Uzbekistan is classified in accordance with the requirements of international standards and in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
The airspace of the Republic of Uzbekistan is divided into controlled and uncontrolled airspace. At this, controlled airspace refers to the space within which the flight dispatching service is provided. Uncontrolled airspace refers to the space within which a flight information service is provided.
Article 55. Air traffic services
Air traffic services in the airspace of the Republic of Uzbekistan are organized in accordance with international standards and the Regulation on the use of airspace of the Republic of Uzbekistan and depend on the classification of airspace in which the service is carried out.
Article 56. Organization of air traffic flows
In order to efficiently and rationally use the airspace, air traffic flows are coordinated taking into account international treaties of the Republic of Uzbekistan.
Article 57. Aeronautical and meteorological information
Air traffic on the territory of the Republic of Uzbekistan is provided by aeronautical and meteorological information.
The Hydrometeorological Service Center under the Cabinet of Ministers of the Republic of Uzbekistan provides meteorological services for civil and experimental aviation, provides meteorological information for state aviation, and organizes meteorological support in the interests of international air navigation.
Meteorological services for civil and experimental aviation are carried out in accordance with the rules approved by the Aviation Administration of the Republic of Uzbekistan and the Hydrometeorological Service Center under the Cabinet of Ministers of the Republic of Uzbekistan on the basis of agreements with users of airspace.
The procedure for providing state aviation with meteorological information is determined by the Ministry of Defense of the Republic of Uzbekistan in accordance with the legislation.
The procedure for providing air traffic with aeronautical information in civil and experimental aviation is established by the Aviation Administration of the Republic of Uzbekistan, in state aviation — by the Ministry of Defense of the Republic of Uzbekistan.
In order to ensure safe, efficient and economic use of the airspace of the Republic of Uzbekistan, meteorological information provided by agreement or contract with an international organization or foreign aeronautical information services may be used.
Article 58. Aeronautical and communication facilities and systems
Air traffic on the territory of the Republic of Uzbekistan is provided by aeronautical means and communication and air traffic control systems.
The procedure for such security within its competence is established by the Aviation Administration and the Ministry of Defense of the Republic of Uzbekistan.
The procedure for sharing these means and systems is established by agreement between these government bodies.
Land allocation for the construction (installation) of objects used as air navigation means and systems is carried out in accordance with the legislation of the Republic of Uzbekistan. The sizes of land plots for the production of such construction are established in accordance with the standards and design and technical documentation, approved in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 59. Provision of communication means
The provision of telephone, telegraph and other means of communication for servicing and providing air traffic is made out of turn with payment at the usual rate. The procedure for using public communication means for servicing and providing air traffic is established by the Ministry of Development of Information Technologies and Communications of the Republic of Uzbekistan in coordination with the relevant authorities of the Aviation Administration, Ministry of Defense of the Republic of Uzbekistan and other interested ministries, departments.
Article 60. Permission to operate airways and local airlines
Airways and local airlines are allowed to operate in accordance with the requirements for ensuring air traffic safety.
Admission to the operation of airways and local airlines is made in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 61. Air navigation and airport fees
Air traffic services and aircraft maintenance at aerodromes are paid for in the form of air navigation and airport fees, respectively.
Aircraft involved in search and rescue operations, humanitarian assistance in case of emergency situations of natural and man-made nature, as well as aircraft of the Ministry of Defense of the Republic of Uzbekistan are exempted from air navigation and airport fees.
The procedure for the collection and distribution of air navigation and airport fees is established by the Cabinet of Ministers of the Republic of Uzbekistan.
Chapter VIII. FLIGHTS OF AIRCRAFTS
Article 62. Flight performance rules
In the Code, flight refers to the movement of an aircraft over the earth (water) surface and in air space from the start of take-off during take-off (separation from the earth or water surface during vertical take-off) until the end of the run (release of the runway without stopping) or touching the ground (water) surface with a vertical landing.
Flights of aircraft on the territory of the Republic of Uzbekistan are carried out in accordance with the Basic rules for aviation flights in the airspace of the Republic of Uzbekistan, as well as the Rules for the flight of civil and experimental aviation in the airspace of the Republic of Uzbekistan or the Rules of flight of state aviation in the Airspace of the Republic of Uzbekistan.
Article 63. Aircraft documents
On the aircraft for the flight must have documents, the list of which is determined for civil and experimental aviation by the Aviation Administration, for state aviation — by the Ministry of Defense of the Republic of Uzbekistan.
Aircraft used for commercial aviation must have:
a) registration certificate of the aircraft;
b) certificate of airworthiness of the aircraft;
c) logbooks;
d) guidance on the flight operation of an aircraft of this type;
e) other documents provided by the Aviation Administration.
Article 64. Preparation for flight
The flight of the aircraft is preceded by the preparation of the aircraft, its crew and other aviation personnel, take-off and landing aerodromes.
The rules for preparing for flights and the circle of persons responsible for preparing for them are established for the civil and experimental aviation by the Aviation Administration, for state aviation — the Ministry of Defense of the Republic of Uzbekistan.
Technically sound and prepared for flight aircraft and the crew of the aircraft, having the right to fly in appropriate conditions, are allowed to fly in the manner prescribed by the Rules of flight of civil and experimental aviation in the airspace of the Republic of Uzbekistan or the Rules of state aviation in the airspace Republic of Uzbekistan.
Before the flight, passengers must be informed about their actions in emergency situations.
Article 65. Decision-making on the departure of aircraft
Decisions to take off an aircraft are established by the Rules of flight of civil and experimental aviation in the airspace of the Republic of Uzbekistan or the Rules of flight of state aviation in the airspace of the Republic of Uzbekistan.
Article 66. Radio communication of an aircraft with air traffic services
Each aircraft with communications means is assigned a radio call sign.
Constant radio communication must be maintained between an aircraft in flight in a controlled airspace and the body performing the dispatching service of its flight. In case of communication failure, the aircraft commander and air traffic services are required to take all possible measures to restore it.
If, as a result of the measures taken, it was not possible to restore radio communications, the aircraft commander and air traffic services should act in accordance with the Basic rules of aviation flights in the airspace of the Republic of Uzbekistan.
The crews of aircraft located in uncontrolled airspace must inform each other, and in emergency circumstances, transmit information to the nearest air traffic services and emergency situations on emergency channels.
Article 67. Flights over settlements
Aircraft flights over populated areas are carried out along the established routes and heights, without endangering the life and health of people and (or) their property on the ground.
Deviation from the established route and flight altitude is allowed in the event of a malfunction of the aircraft or, if necessary, to perform flights to save lives.
In special cases, flights of aircraft over populated areas with a deviation from the established route and flight altitude are allowed by decision of the Cabinet of Ministers of the Republic of Uzbekistan.
Demonstration flights of aircraft over populated areas can be performed with the permission of the Cabinet of Ministers of the Republic of Uzbekistan.
Article 68. Restrictions on flights faster than sound
Aircraft flights faster than sound are allowed only at altitudes and in areas that exclude the impact of harmful factors of such a flight on the environment. The minimum altitudes of aircraft flights faster than sound are set for each specific area in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 69. Non-interference in the actions of the aircraft crew
Persons on board of an aircraft, including those to whom it belongs, are prohibited from interfering in the crewʼs actions, including requiring them to change the plan and the procedure for completing a flight or not following instructions of the air traffic services authority.
Article 70. Measures in case of deviation of the aircraft from the airway, local air line, established route or flight area (zone)
If the aircraft deviates from the established airway, local air line, route or flight area (zone) or does not comply with a different flight parameter, the aircraft commander and the air traffic services authority must immediately take measures to stop such violation.
Article 71. Crew actions in the event of an aircraft distress
An aircraft is deemed to be in distress when it or people on board are in immediate danger, or with whom radio communication has been lost and the location of this aircraft is unknown.
Aircraft is recognized as having suffered a disaster if it was seriously damaged or completely destroyed during take-off, landing or attack, as well as an aircraft making an emergency landing outside the aerodrome.
The crew of an aircraft in distress must, in the manner established by the Basic rules for aviation flights in the airspace of the Republic of Uzbekistan, give a distress signal and take all possible measures to preserve the life and health of people, property, and the aircraft itself.
The crew of the aircraft in distress must take all possible measures to save and ensure the safety of people on board, property, and the safety of the aircraft itself before transferring its authority to the competent authorities. All crew members, and, if possible, the passengers of this aircraft are obliged to take part in the rescue of people, property and aircraft.
The commander of an aircraft in distress or distressed, directs the actions of persons on board or on board of this aircraft, before transferring his/her authority to the competent authorities.
Article 72. Assistance to people under risk
The aircraft commander who has received any information about people under risk is required to inform the air traffic services authority or other competent authority and, if this does not pose a threat to the safety of the flight of the aircraft, passengers and crew, provide possible assistance.
Article 73. Actions of air traffic services authority in the event of distress
Upon receiving information about an aircraft in distress or distressed, as well as any other information from the aircraft commander about people in danger, the air traffic services authority is obliged to take all possible measures to provide the necessary assistance in the manner determined by the Basic rules for aviation flights in airspace of the Republic of Uzbekistan.
Chapter IX. INTERNATIONAL FLIGHTS
Article 74. International flights of aircraft of the Republic of Uzbekistan
In this Code, international flight refers to the flight of an aircraft in which the aircraft crosses the border of a foreign country.
International flights of aircraft of the Republic of Uzbekistan are carried out on the basis of:
a) international treaties of the Republic of Uzbekistan;
b) special permits for the performance of single flights issued by the competent authorities of the relevant foreign states.
Aircraft of the Republic of Uzbekistan can perform one-time international flights with the permission of the ministry, department, organization or citizen in whose jurisdiction or ownership these aircraft are. The request for a special permit for the flight of a civil aircraft of the Republic of Uzbekistan in the airspace of a foreign state is carried out by the aircraft exploiter, and the state and experimental ones — by the Ministry of Foreign Affairs of the Republic of Uzbekistan. Such a request is made if all the requirements regarding aircraft documents, crew certificates, as well as other requirements and rules in force in the territory of the Republic of Uzbekistan and a foreign state, to or through the territory of which the flight is planned, are met.
The rules establishing the procedure for requesting and obtaining permission for these flights are approved jointly by the Aviation Administration, the Ministry of Defense and the Ministry of Foreign Affairs of the Republic of Uzbekistan.
Regular international flights on civil aircraft of the Republic of Uzbekistan are carried out by carriers appointed in the manner established by the Aviation Administration of the Republic of Uzbekistan.
Article 75. Flights of foreign aircraft in the airspace of the Republic of Uzbekistan
Flights of foreign aircraft in the airspace of the Republic of Uzbekistan are carried out on the basis and in accordance with the conditions:
a) international treaties of the Republic of Uzbekistan;
b) special permits for flights.
Such permits are issued:
for one-time flights of civil aircraft — by the Aviation Administration;
for single flights of aircraft not related to civil aircraft — by the Ministry of Foreign Affairs of the Republic of Uzbekistan.
Prior to the start of international flights on the territory of the Republic of Uzbekistan, the owners (exploiters) of foreign aircraft must inform the state authority, which is granted the right to issue permission for such flights, the identification marks of aircraft.
The procedure for issuing permission to fly is determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 76. Rules for performing international flights in the airspace of the Republic of Uzbekistan
When performing international flights in the airspace of the Republic of Uzbekistan of national and foreign aircraft, the general provisions governing the performance of flights and usage of aircraft in accordance with this Code are applicable.
Departure of national and foreign aircraft from the territory of the Republic of Uzbekistan, as well as their landing after entry into the territory of the Republic of Uzbekistan, are carried out at aerodromes open for international flights. International flights in the airspace are carried out on established airways. The crossing of the state border of the Republic of Uzbekistan is carried out by aircraft at the places of crossing it with international routes or along the air corridors specially allocated for these purposes, in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
An exception to these rules is allowed in cases:
a) natural disaster, catastrophe, accident, emergency situation and in other cases that threaten the lives of people, in accordance with the Regulation on the use of airspace of the Republic of Uzbekistan;
b) provided for by international treaties of the Republic of Uzbekistan;
c) obtaining a special permit issued in the manner determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 77. Airports, aerodromes and airways for international flights of aircraft
Airports, aerodromes for international flights are recognized airports, aerodromes intended for international air traffic, which provides customs, border and sanitary-quarantine control.
The decision to open airports and aerodromes for international flights is made by the Cabinet of Ministers of the Republic of Uzbekistan.
The decision to open international air routes is taken by the Aviation Administration in agreement with the Ministry of Defense and the State Security Service of the Republic of Uzbekistan.
The procedure for opening air routes for international aircraft operations is determined by the Regulation on the use of airspace of the Republic of Uzbekistan.
The procedure for opening airports (aerodromes) of civil aviation of the Republic of Uzbekistan for international aircraft flights is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 78. Application of passport, customs and other rules for performing international flights of aircraft
All aircraft, their crews and passengers arriving in the territory of the Republic of Uzbekistan and departing from this territory or following in transit, as well as their property imported into the territory of the Republic of Uzbekistan or imported from this territory, are subject to passport, customs, currency, sanitary, quarantine and other rules established by the legislation of the Republic of Uzbekistan on entry and exit, as well as import (export) of property and transit through the territory of the Republic of Uzbekistan.
Chapter X. SEARCH AND RESCUE WORK
Article 79. Rescue of passengers and crews of aircraft in distress or distressed
Aircraft in distress or distressed shall be subject to immediate search and rescue in accordance with the rules for the performance of such work, approved by the Cabinet of Ministers of the Republic of Uzbekistan. The specified rules should provide:
a) work on search and rescue of aircraft of any state, basing of search and rescue forces and means, their support and maintenance during the period of these works are carried out free of charge;
b) the evacuation of aircraft, their passengers and crews from the scene of a disaster is carried out by the forces and means of the aircraft exploiter in distress, or other forces and means at the expense of the exploiter;
c) local authorities, enterprises, institutions and organizations are obliged to provide any possible assistance in the search and rescue of the aircraft and, before the arrival of the search and rescue authorities, take the necessary measures to save people, provide them with medical and other assistance, as well as protect the aircraft and documentation, equipment and property on board.
Article 80. Organization of search and rescue of aircraft in distress or distressed
The organization of search and rescue of aircraft in distress or distressed is carried out by the Unified aviation search and rescue service of the Republic of Uzbekistan. This service operates in accordance with the regulations approved by the Cabinet of Ministers of the Republic of Uzbekistan.
When organizing and conducting aviation search and rescue operations, the Unified aviation search and rescue service has the right to attract and use the forces and means of ministries, departments, enterprises, institutions, organizations and citizens.
Ministries and departments, as well as state enterprises, institutions, organizations are obliged to immediately allocate to the authorities of the Unified aviation search and rescue service, upon their request, rescue forces and means contained in readiness for search and rescue operations.
Non-state enterprises, institutions, organizations, as well as citizens are obliged to allocate such forces and means by decision of the President of the Republic, which are subsequently reimbursed from the budget of the Republic of Uzbekistan.
The composition of these forces and means, the list of equipment and tools, the procedure for managing search and rescue operations and their conduct, the responsibilities of the respective officials are determined by the rules for performing search and rescue operations established by the Unified aviation search and rescue service.
To ensure the search and rescue of aircraft, their passengers and crews, the Unified aviation search and rescue service organizes round-the-clock duty.
The Unified aviation search and rescue service interacts with bodies of other states on the basis of international treaties of the Republic of Uzbekistan, and also coordinates its work with other bodies of the republic responsible for conducting search and rescue and emergency operations in the manner determined by the Cabinet of Ministers of the Republic of Uzbekistan.
To provide necessary assistance to aircraft in distress or distressed, the following may be admitted to the territory of the Republic of Uzbekistan:
a) search and rescue forces and means of other states;
b) owners and exploiters of these aircraft;
c) authorities of the state in which the aircraft in distress or distressed are registered.
The procedure for such admission is established by the Regulation on the use of airspace of the Republic of Uzbekistan.
Article 81. Notification about aircraft in distress or distressed
Enterprises, institutions and organizations with communications means are required to provide these means for the immediate passage of information on aircraft in distress or distressed.
The provision of communication means, reception and transmission of information on assistance to an aircraft in distress or distressed, its passengers and crew, is carried out of turn with payment at the usual rate. The first report of such an incident is free of charge.
The procedure for using public communication equipment for warning of aircraft in distress or distressed is established by the Ministry of Development of Information Technologies and Communications of the Republic of Uzbekistan together with the Aviation Administration and the Ministry of Defense of the Republic of Uzbekistan.
Local authorities, enterprises, institutions and organizations are obliged to immediately inform the Unified aviation search and rescue service or to the nearest aerodrome about all known cases of aircraft distress. Citizens are obliged to immediately inform local authorities or the nearest enterprises, institutions and organizations about such cases.
Article 82. Rescue work
Rescue operations to assist passengers and crew of the aircraft in distress are carried out by the forces and means of the Unified aviation search and rescue service, as well as by the forces and means of ministries, departments, enterprises, institutions, organizations and citizens involved in carrying out such works in accordance with Article 80 of this Code.
If the crashed aircraft or its parts impede the movement of railways, automobiles, waterways or aircraft flights, the rescue operations manager must take measures to use the aircraft (its parts) to restore traffic or flights, having previously fixed the location and general condition of this aircraft (its parts).
Article 83. Termination of the search for an aircraft, its passengers and crew
In cases where the measures taken have not yielded results, the decision to terminate the search for an aircraft in distress is made by the head of the Unified aviation search and rescue service. Such a decision can be made after there is sufficient reason to believe that a further search will not lead to the aircraft being detected by the search and rescue forces and means and there is no real hope of saving the surviving people.
A decision to terminate the search for an injured aircraft may be appealed by the owner of the aircraft in the relevant court.
An aircraft whose search is terminated is considered missing.
Article 84. Search and rescue outside the territory of the Republic of Uzbekistan
Search and rescue of aircraft of the Republic of Uzbekistan in distress or distressed outside the territory of the Republic of Uzbekistan are carried out taking into account the requirements of this Code in accordance with the rules for performing search and rescue operations of the state in the territory of which these operations are carried out and international treaties of the Republic of Uzbekistan.
Chapter XI. CONTROL OVER AIRCRAFT FLIGHTS SAFETY. INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS
Article 85. Control over aircraft flights safety
Control over aircraft flights safety is carried out to prevent accidents and incidents.
An accident is an event that occurred when using an aircraft for the purpose of performing a flight, which is associated with a disruption in the normal functioning of this aircraft, its crew, other aviation personnel or is associated with the effects of external conditions and resulting in loss of life, significant damage, destruction or loss of the aircraft.
If, as a result of an event, the indicated consequences did not occur, but could have occurred under a different set of circumstances, then such an event is recognized as an incident. The organization of the control over aircraft flights safety and the procedure to conduct is established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 86. Organization and conduct of investigation
Each accident or incident is subject to mandatory investigation.
Investigation of accidents and incidents is carried out:
in civil and experimental aviation by the commissions of the Ministry of Transport of the Republic of Uzbekistan;
in state aviation by commissions of the Ministry of Defense of the Republic of Uzbekistan.
In the event that an accident or incident affects the interests of state and civil or state and experimental aviation, the investigation is carried out by joint commissions from representatives of the Ministry of Transport of the Republic of Uzbekistan, the Ministry of Defense of the Republic of Uzbekistan, as well as other involved ministries and departments of the Republic of Uzbekistan. Such commissions are appointed by the Cabinet of Ministers of the Republic of Uzbekistan.
The procedure for organizing and conducting an investigation is determined by the rules approved by the Cabinet of Ministers of the Republic of Uzbekistan. The purpose of such an investigation of an accident or incident is to objectively determine the cause of the event, and not to establish anyone's fault or responsibility.
Article 87. Notification about aircraft accident and incident
Persons who become aware of an accident or incident should immediately notify the authorities specified in the fourth part of Article 81 of this Code.
The procedure for the further passage of this information to the accident and incident investigation authorities is determined by the rules for conducting such investigations.
Article 88. Preservation of material evidence
Aircraft, its components, airborne and ground-based means of objective control, all items on the aircraft, as well as involved in an accident or incident on the ground, all documentation related to the production, repair and usage of the aircraft and its flight, must be kept intact by organizations and citizens until the arrival of the members of the commission investigating the accident (incident), with the exception of cases provided for in the second part of Article 82 of this Code.
At the request of the chairman of the investigation commission, the necessary material evidence should be freely transferred to the full disposal of the commission.
Article 89. Work at the scene of an accident
An investigation conducted at the scene of an accident falls into the category of work under special conditions, equivalent to work on disaster relief.
Local authorities, enterprises, institutions, organizations and citizens are required to provide worldwide assistance to the accident investigation commission.
The procedure for ensuring the work of the commission at the scene of an accident is determined by the rules for the investigation of aircraft accidents and incidents, referred to in Article 86 of this Code.
Article 90. Financing of work related to the investigation of an aircraft accident (incident) and the procedure for reimbursing expenses
All work related to the investigation conducted at the scene of the accident (incident) is funded by the aircraft exploiter.
Research and testing related to the investigation of an accident (incident), carried out by research and development institutions, organizations, repair and industrial enterprises, is financed by these enterprises, institutions and organizations with subsequent reimbursement of costs by the aircraft exploiter.
Chapter XII. PREVENTION OF ILLEGAL INTERVENTION IN AVIATION ACTIVITIES
Article 91. Measures to protect aviation from illegal intervention
Aircraft exploiters, enterprises, institutions, organizations and citizens who receive, issue or service aircraft, passengers, cargo and mail must take measures to protect aviation from unlawful interference.
Such measures include:
a) prevention of uncontrolled access of unauthorized persons and vehicles to the controlled area of the aerodrome;
b) the exclusion of the possibility of passengers carrying weapons, ammunition, explosive, poisonous, flammable and other dangerous substances and objects prohibited from being transported by air;
c) the introduction of special precautions when transporting weapons and ammunition, ensuring their transportation in baggage in unloaded form, in aircraft compartments isolated from passengers;
d) the protection of aircraft in parking lots, excluding the possibility of penetration into aircraft of persons not related to their service;
e) special inspection of aircraft;
e) equipping aircraft with technical devices ensuring unauthorized use of airspace;
g) specially developed methods (procedure) of counteracting unlawful interference with aircraft and objects.
These measures are taken in accordance with the rules approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 92. Inspection of passengers, hand luggage and baggage
In order to ensure flight safety and protect the life and health of passengers and crew of aircraft, airport employees, police, state security agencies and customs agencies, and in the absence of authorized representatives of such bodies, aircraft commanders or, on their instructions, other crew members are given the right to carry out inspection of hand luggage, baggage, and personal inspection of aircraft passengers both on domestic and international lines. Inspection is carried out by persons specially designated for this purpose at the airport, city airport terminal, or aircraft aerodrome. If the passenger refuses to undergo inspection, the carrier has the right to terminate the contract of air transportation.
On an aircraft in flight, an inspection may, if necessary, be carried out by decision of the aircraft commander, regardless of the consent of the passenger. For the purposes of this article, an aircraft is considered to be in flight from the moment all external doors of that aircraft are closed after landing or loading and until any of these doors are opened for disembarkation or unloading.
The rules for conducting inspections and the list of persons entitled to conduct inspections are established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 921. Rules of conduct for passengers on board of aircraft
The passenger is obliged to comply with the rules of conduct on board of the aircraft, to comply with the orders of the aircraft commander or crew member, made on behalf of the aircraft commander, to ensure flight safety and people on board of the aircraft, the safety of property, the procedure and the possibility of providing services related to execution of the contract of carriage.
Rules of conduct for a passenger on board of the aircraft are established by the Aviation Administration of the Republic of Uzbekistan.
Article 93. Types of responsibility
Those guilty of violating the requirements of this Code shall be liable in the prescribed manner.
SECTION IV. AIR TRANSPORTATION AND AVIATION WORKS
Chapter XIII. GENERAL PROVISIONS
Article 94. Definitions
By air transportation is meant a set of measures and operations performed by airports and air carriers related to the direct delivery of passengers, baggage and cargo to their destination. Air transportation covers the period during which passengers, baggage and cargo are under the responsibility of the carrier, regardless of whether it takes place at the airport, on board of the aircraft or at any other place of boarding.
By internal air transportation is meant air transportation, during which the departure point, destination and all the envisaged stopping points are located on the territory of the Republic of Uzbekistan.
International transportation means air transportation, during which the point of departure and destination, regardless of whether there was an overload or a break in transportation, are located:
a) in the territory of two states;
b) in the territory of one state, if a stopping point (s) is provided in the territory of another state.
The carrier is the aircraft exploiter with an exploiter certificate.
A passenger is recognized as a person who is transported or should be carried on an aircraft in accordance with the contract of carriage by air.
Baggage — personal belongings of a passenger carried on an aircraft by agreement with the carrier.
Cargo — any property transported or accepted for transportation on an aircraft (except for mail or other property transported under the terms of international postal agreements, baggage or carrier property), as well as baggage carried on a waybill.
Aviation work is understood to mean specialized operations performed on a commercial basis by means of aviation in order to ensure technological or transport production processes of enterprises, institutions, organizations and citizens (the customer), including for conducting experimental and scientific research, sanitary and environmental measures, rendering medical assistance to the population, liquidation of consequences of natural disasters, accidents and catastrophes. The list of services related to aviation work is established by the Aviation Administration of the Republic of Uzbekistan.
Article 95. Rules for the performance of air transportation and aviation work
An aircraft exploiter who expresses a desire to carry out air transportation or aviation work must obtain an exploiter certificate.
Air transportation and aviation work is carried out on the basis of agreements between aircraft exploiter and customers or one-time applications of enterprises, institutions, organizations and citizens. Aircraft exploiters have equal rights in choosing a partner.
Local authorities have the right to establish conditions and restrictions on the performance of aviation work related to the ecology of the territory or the special regime of vehicles and people in the territory. The coordination of such conditions and restrictions lies with the customer.
Aircraft exploiters are required to comply with the rules for the performance of air transportation or aviation work, which are established by the Aviation Administration of the Republic of Uzbekistan. At the same time, aircraft exploiters may establish additional rules for the performance of air transportation or aviation work that are relevant to the specifics of their activities and do not contradict the rules established by the Aviation Administration of the Republic of Uzbekistan.
The procedure for transporting mail by aircraft is established by the specially authorized body in the field of postal services and is agreed with the Aviation Administration of the Republic of Uzbekistan.
Chapter XIV. AIR TRANSPORTATION
Article 98. Air transportation contract
Under the contract for the carriage of passengers and baggage by air, the carrier undertakes to transport the passenger and his/her baggage to the destination point, giving him/her a seat on the aircraft making the flight indicated on the ticket, and in case of baggage check-in, also deliver the baggage to the destination point and hand it over to the passenger or to the person authorized to baggage. The passenger is obliged to pay for transportation at the established tariff, and if there is baggage in excess of the norms established by the carrier, and for the transportation of such baggage.
Under an air transportation contract, the carrier undertakes to deliver the goods or mail entrusted to him/her by the sender to the destination and give them to the person (recipient) authorized to receive the goods or mail, and the sender undertakes to pay for the transportation of goods or mail at the established tariff.
Article 99. Charter contract
Under a charter contract (chartering of aircraft), one party (lessor) is obliged to provide the other side (charterer) for a fee the entire capacity of one or more aircraft for one or more flights for the carriage of passengers, baggage, cargo and mail or other purposes.
Carriage under a charter contract (chartering of aircraft) is carried out in accordance with the provisions of this Code.
Article 100. Reservation of aircraft seats
Reservation of seats for the carriage of passengers, baggage and carrying capacity for the transport of goods and mail on an aircraft is carried out in accordance with the rules of the carrier.
Article 101. Carriage documents
Carriage documents certifying the contract for the carriage of passengers and baggage, mail and cargo are a ticket with a baggage receipt, postal and freight consignment notes, as well as other carriage documents drawn up on paper or in electronic form.
The forms of transportation documents are established by the carrier taking into account the provisions and recommendations of the relevant international civil aviation organizations.
Forms of postal transportation documents are established by the specially authorized body in the field of postal services.
Article 102. Services and facilities provided to a passenger
The carrier is obliged to organize passenger service in the manner established by the rules of carriage. In accordance with this, the passenger is given the right to carry luggage and hand luggage free of charge within the established norm, to carry children free of charge or on preferential terms (depending on age), use specially allocated rooms at airports, and also be provided with a hotel room with delays or interruptions in carriage that occurred due to the fault of the carrier, or other compulsory delays in carriage.
The carrier also has the right to carry out its own preferential commercial programs and provide additional services provided by such programs.
Article 103. Termination of an air carriage contract at the initiative of a carrier
The carrier may terminate the contract for air passenger carriage, baggage and cargo at any point on the route of transportation in the following cases:
violation by a passenger or consignor of cargo of customs, border, sanitary-quarantine and other requirements regarding air transportation established by the legislation of the country of departure, destination and transit;
if the passengerʼs state of health requires special conditions of air transportation or threatens the safety of the passenger or other persons, which is confirmed by medical documents, as well as creates a mess and does not allow the carrier to provide other passengers with the services stipulated by the terms of the contract of carriage;
violation by a passenger of the rules of conduct on board of the aircraft that creates a threat to flight safety or a threat to the life or health of persons on board of the aircraft and property;
refusal of a passenger or consignor to comply with the requirements established by the rules of air transportation.
Article 104. Termination of an air carriage contract at the passengerʼs initiative
The passenger has the right to terminate the air carriage agreement at any time during the validity of the air carriage contract — before or after the departure of the aircraft on which the seat was reserved for the passenger, at one of the points on the route and receive all or part of the amount paid for the carriage in the manner determined rules for applying carrier tariffs.
Article 105. Tariffs, fees, rates and rules for the sale of transportation
The rules for the organization and application of tariffs, payment of fees, sales of transportation are established by the carrier in accordance with the law.
To perform transportation under charter contracts (chartering of aircraft), contractual rates may be set.
Article 106. Non-receipt and untimely receipt of cargo or baggage
If the recipient did not claim the arrived cargo within the time period established by the transportation rules or refused to accept it, the carrier is entitled to notify the sender of this and keep the cargo in storage at the sender's expense. Cargo that has not been received within 30 days from the day the recipient is notified and regarding which no orders from the sender of the cargo have been received, is considered unclaimed and implemented in the manner established by the legislation of the Republic of Uzbekistan.
Baggage that remains unclaimed after the baggage has been handed over to passengers of the arrived flight is transferred to the appropriate airport service for storage at the expense of the carrier and the organization of the search for the owner of such baggage and its delivery to the owner.
Unclaimed baggage delivered by carriers is stored at the airport for no more than 3 months and then destroyed in the manner prescribed by the legislation of the Republic of Uzbekistan.
Unclaimed baggage delivered by foreign carriers is stored at the airport for no more than 7 days and sent back by the carrier who delivered it.
Perishable contents of unclaimed baggage are destroyed when signs of damage are detected in the manner prescribed by the legislation of the Republic of Uzbekistan.
Article 107. Special conditions of carriage
The conditions for the transportation of explosives, weapons, ammunition, poisonous, flammable, radioactive and other dangerous substances and objects are determined by special rules in accordance with the law.
Article 108. Information and advertising support for transportation
The carrier is obliged to publish and communicate to the public (clientele) routes and flight schedules, tariffs for passenger and cargo transportation, conditions for the provision of services at airports and on board aircraft.
Article 109. Organization of an air transportation service
All air transportation services should have an appropriate organizational structure, including personnel, operating areas equipped with technological equipment, mechanization and automation means, in accordance with the volume and types of traffic served by the airport.
Article 110. Insurance
The carrier must insure its liability for damages caused to passengers, baggage and goods accepted for carriage, as well as for damages to third parties.
The insured amount allowing compensation for damage should not be lower than the established limits of liability of the carrier.
Article 111. The activities of foreign carriers in the territory of the Republic of Uzbekistan
Foreign carriers operate on the territory of the Republic of Uzbekistan in accordance with the legislation of the republic and international treaties in which the Republic of Uzbekistan and the corresponding foreign states participate, as well as with special permits issued by the Aviation Administration for performing both single and regular flights.
Foreign carriers may open representative offices in the Republic of Uzbekistan in accordance with the legislation of the Republic of Uzbekistan.
Foreign carriers are not entitled to:
a) accept passengers, baggage, cargo and mail on board the territory of the Republic of Uzbekistan for transportation to the territory of a foreign state or to deliver them to the territory of the Republic of Uzbekistan from the territory of a foreign state in cases where this is not provided for by international air services agreements in which the Republic participates Uzbekistan and the corresponding foreign states, or by special permits for such flights;
b) accept passengers, baggage, cargo and mail on board the territory of the Republic of Uzbekistan for transportation to another point on the territory of the Republic of Uzbekistan without special permission of the Aviation Administration.
Article 112. General principles of carrier liability regulation
The liability of the carrier during air transportation is governed by international treaties, civil legislation of the Republic of Uzbekistan and this Code.
Article 113. Responsibility of a carrier for causing death or damage to a passengerʼs health
The carrier shall be liable for damage resulting from the death or damage to the passengerʼs health during air transportation, unless it proves that the carrier took all necessary measures to avoid harm, or that such measures could not be taken.
In the event that a passenger is killed or injured as a result of force majeure, the carrier bears the established liability if he/she does not prove that gross negligence of the victim himself contributed to the occurrence or increase of harm.
In other cases, when the carrier proves that the gross negligence of the victim himself contributed to the occurrence or increase of harm, the amount of damages in accordance with the general norms of civil law may be reduced or compensation for harm may be refused.
The carrier is obliged to provide redress for causing death or damage to the passengerʼs health in the manner and amount established by international treaties and civil legislation of the Republic of Uzbekistan.
Article 114. Liability of a carrier for the safety of baggage
The carrier is responsible for the loss, shortage or damage of checked baggage in the prescribed manner from the moment it is accepted for transportation until it is handed over to the recipient or transferred to another authorized person.
The carrier is liable for the safety of the things that are with the passenger, if it is proved that the loss or damage of these things occurred through the fault of the carrier.
Article 115. Liability of the carrier for the safety of cargo
The carrier is liable for loss, shortage or damage to the cargo if loss, shortage or damage occurred during air transportation.
The carrier is liable for damage resulting from loss, shortage or damage to the cargo, if it does not prove that such damage occurred as a result of one or more of the following circumstances:
an act of a state body relating to the import, export or transit of goods;
an act of war or armed conflict;
defect, quality or defect inherent in freight.
Article 116. The amount of liability of the carrier for the loss, shortage or damage to cargo and baggage, as well as things that were with the passenger
For loss, shortage and damage to cargo, baggage or things that were with the passenger, the carrier is responsible in the following amounts:
a) for loss, shortage or damage to goods or baggage accepted for carriage with declared value — in the amount of the declared value, and in case the carrier proves that the declared value exceeds the actual value — in the amount of the actual value;
b) for loss, shortage or damage to cargo or baggage accepted for transportation without declared value, as well as things that were with the passenger, in the manner and amount established by international treaties and civil legislation of the Republic of Uzbekistan.
The limits of liability shall not apply if it is proved that the damage arose as a result of the intent or gross negligence of the carrier or persons authorized by him, who acted in the performance of their duties.
The carrier is not responsible for the death or damage to the health of the person accompanying the animals transported on the aircraft if they were caused by the behavior of these animals.
The carrier is not responsible for the death or injury of an animal if it is caused by natural causes or by the actions of an accompanying person.
Article 117. Liability of a carrier for late delivery of a passenger, baggage or cargo
The carrier is responsible for the delay in the delivery of the passenger, baggage or cargo, unless he/she proves that he/she took all the necessary measures to prevent the delay or that such measures could not be taken. The amount of liability is determined by the rules of transportation.
The carrier is released from liability upon the occurrence of circumstances that could not be prevented.
Article 118. Carrierʼs responsibility for loss, damage and delay in mail delivery
The carrier bears property liability for the loss, damage or delay in the mail delivery due to the fault of the carrier in the amount of set by the communication authorities to the senders or recipients in accordance with the postal rules and acts of the World postal union.
Article 119. Illegality of agreements on liability reduction
Any agreement of the carrier with passengers, senders or recipients on the reduction of liability provided for by this Code is invalid.
Article 120. Agreement on increasing the limits of liability
The carrier has the right to enter into an agreement to increase the limits of liability of the carrier compared with the limits established in accordance with this Code or international treaties of the Republic of Uzbekistan.
Article 121. Drawing up acts on violation of an air transportation contract
The circumstances that may serve as the basis for the property liability of the carrier, passengers, senders and recipients are certified by the act of violation of the contract of air transportation. The procedure for drawing up acts of violation of an air transportation contract and the procedure for certifying circumstances that do not require the drawing up of acts of violation of an air transportation contract are established by the transportation rules.
The act of violation of the contract of air transportation is drawn up by the carrier in the following cases:
a) the discrepancy of the name, weight or number of the cargo and mail to the data specified in the transportation document;
b) shortage or damage to the cargo;
c) shortages or damage to baggage;
d) shortage or damage to mail;
e) detection of cargo, baggage and mail without documents, as well as documents without cargo, baggage or mail.
Article 122. Claims procedure
Prior to filing a claim with the carrier arising from the carriage of a passenger, baggage, cargo or mail claims must be submitted to him, with the exception of case related to the onset of the death of a passenger or damage to health resulting from an accident.
When carrying out a carriage by one carrier, claims are presented at the point of departure or destination at the discretion of the claimant. When carrying out a carriage by several carriers, claims for violation of the carriage of baggage or cargo are presented at the discretion of the claimant to the first or last carrier, and in case of death or damage to the passengerʼs health, to the carrier performing the carriage on the route section on which the damage occurred.
Claims arising from carriage in direct mixed message are presented:
a) to the carrier if the terminal is the airport;
b) to the relevant transport organization, if the final destination is a railway or road station, marina or port.
Article 123. Persons entitled to file a claim and action
The passenger, consignor, consignee, or persons authorized by them upon presentation of documents confirming the conclusion of an agreement on air transportation of a passenger and baggage, mail and cargo, as well as an act on violation of an agreement on air transportation, have the right to file a claim and action against the carrier.
The absence of an act on violation of an air transportation contract does not deprive the right to file a claim and action against a carrier if it is proved that such an act was not drawn up by the employees of the carrier or its agent.
In the event of the death of a passenger, consignor, consignee, or when their state of health does not allow them to bring a claim and a claim to the carrier themselves, a claim or action may be brought by persons who have the right to compensation for harm caused in accordance with the legislation.
Article 124. Term of claims for domestic transportation
Claims against the carrier during domestic transportation can be filed within six months, and claims for payment of the fine — within 45 days.
The indicated term is calculated:
a) for claims for compensation for shortage or damage to baggage, cargo or mail, as well as for delay in delivery of baggage, cargo or mail — from the date of issue;
b) for claims for compensation for loss of cargo — after 10 days after the expiration of the delivery period;
c) on claims for reimbursement for the loss of baggage or mail from the date of delivery;
d) in all other cases — from the day the event occurred, which served as the basis for the presentation of the claim.
The carrier has the right to accept claims at the expiration of the term if it admits the reason for missing the claim period as valid.
Article 125. Term of claims for international transportation
In the case of baggage, cargo without objection is assumed, unless proven otherwise, that they were delivered in good condition and in accordance with the transportation document.
In the event of damage to baggage or cargo, the person entitled to receive it must submit to the carrier a written claim for damage immediately, but no later than 7 days from the day of receipt of baggage and 14 days from the day of receipt of cargo. In case of delay in delivery, the claim must be presented no later than within 21 days, it is considered from the day of transfer of baggage or cargo at the disposal of the recipient.
In the event of the loss of baggage (cargo), claims against the carrier must be made within two years from the day the aircraft arrived at its destination or from the day the transportation is stopped. In the absence of a written claim filed within the specified time, a claim against the carrier cannot be brought.
Article 126. Terms for consideration of claims
The carrier is obliged to consider the claim and notify the claimant of its satisfaction or rejection within three months, and for the claim for carriage in direct mixed message or in which several carriers participate — within six months and claims for payment of the fine — within 45 days.
Article 127. Statute of limitations and jurisdiction
Claims against the carrier arising from air transportation shall be filed no later than two years from the day the aircraft arrived at their destination or from the day the aircraft is to arrive, or from the day the transportation was stopped at the choice of the plaintiff: at the location of the carrier, at the place where he/she has an agency through which the contract of carriage is concluded in the relevant court of destination.
Chapter XV. AVIATION WORK
Article 128. Contract for aviation work
Under contract for aviation work, one party (exploiter) undertakes to perform aviation work for the other side (customer) by one or more aircraft in terms, volumes and on conditions stipulated by the contract.
Article 129. Tariffs for aviation work
The exploiter and the customer, when concluding a contract for aviation work, are entitled to set contractual tariffs.
Article 130. Aviation work by foreign exploiters and enterprises with foreign investment
Aviation work on the territory of the Republic of Uzbekistan can be carried out by foreign exploiters, as well as enterprises with foreign investment on the basis of an exploiter certificate.
The foreign exploiters and enterprises with foreign investments specified in the first part of this article may use their own aircraft, including those registered in the corresponding foreign state, or rented aircraft of the Republic of Uzbekistan. Foreign exploiters and enterprises with foreign investments performing aviation work in the Republic of Uzbekistan are subject to the relevant provisions of this Code.
Article 131. Aviation work by exploiters of the Republic of Uzbekistan in the territory of a foreign state
Aviation work on the territory of a foreign state can be carried out by exploiters of the Republic of Uzbekistan who have received an exploiter certificate.
Article 132. Insurance during aviation work
The customer is obliged to insure his/her employees and persons associated with the provision of the technological process during aviation work or transported at his/her request without purchasing a ticket.
The operator is obligated to insure his/her liability for compensation for damage that may be applied in connection with the performance of aviation work.
Article 133. Responsibility for damage caused during the performance of aviation work
For damage caused to people and property during the performance of aircraft operations, the operator shall be liable in the manner and on the conditions provided for in Articles 112 — 116 of this Code.
Article 134. Terms for the presentation and consideration of claims
Claims related to the performance of aviation work are presented within six months from the date of detection of the event, which served as the basis for their presentation.
Article 135. Statute of limitations and jurisdiction
Claims related to the performance of aviation work shall be filed no later than two years from the date of detection of the event, which served as the basis for filing a lawsuit at the choice of the plaintiff: in court at the location or place of residence of the defendant, at the location of the agency through which the contract for the performance of aviation works, in the relevant court at the place of work.
President of the Republic of Uzbekistan I. KARIMOV
Tashkent,
May 7, 1993,
No. 863-XII