The order of using the civil unmanned aerial vehicles

Currently, in accordance with the law of the Republic of Kazakhstan, there is no establishment of any restrictions on the purchasing and operating of drones for individuals and legal entities.

Flights and conditions for the operation of unmanned aerial vehicles (hereinafter UAV) is determined by the Law of the Republic of Kazakhstan from July 15, 2010 “About use of airspace of the Republic of Kazakhstan and Aviation Activities” (articles 31, 33 and 45) (hereinafter – the Law ofAirspace usage) and Chapter 5 of the Rules of use of airspace of the Republic of Kazakhstan” approved by decree of the government of the Republic of Kazakhstan dated 12 May 2011 № 506 (hereinafter – the Rules of Airspace usage).

Modern unmanned aerial vehicles with ground equipment represent a functionally complete, automated unmanned aviation system that is finding more and more areas for application. Such systems are created to perform certain types of aviation work. Currently, the main types of aviation work for UAVs are:

– aerial surveys and observations;

– aerial geodesic and surveying work;

– aviationchemical works;

– cargo transportation.

The need to agree on the flight of UAVs with government organizations depends on the area of flights and is determined by the Rules of Airspace usage.

At the same time, it should be noted that the legislation on the use of the airspace of the Republic of Kazakhstan and aviation activities regulates only issues of flight safety. Issues related to the conduct of photo and video shooting using UAVs and related to the protection of personal data, commercial, and other secrets are regulated by the relevant provisions of other Laws.

Following the classification of the ICAO, unmanned aerial vehicles are aircraft and are full participants in air traffic. According to paragraph 1 of article 33 Of the Law of Airspace usage the operation of UAVs must minimize the threat of any hazard to life or health, damage to property, and danger to other aircraft, concern to the conditions established by the Rules of Airspace usage of the Republic of Kazakhstan and the operational documentation of the unmanned aerial vehicle.

According to paragraph 82-5 of the Rules of Airspace usage an unmanned aerial vehicle shall not be operated:

1) during takeoff and landing closer than 50 meters horizontally from any person (except for the person operating the unmanned aerial vehicle), other vehicles, building or structure;

2) during the flight closer than 100 meters horizontally from any person (except the person operating the unmanned aerial vehicle), other vehicles, building or structure;

3) in all cases closer than 150 meters horizontally from a mass gathering of people and (or) vehicles;

4) in prohibited and dangerous areas, restriction areas (except for flights in the interests of persons who establish such zones).

Issues related to the suppression of crimes related to the use of UAVs are within the competence of law enforcement agencies.

In accordance with paragraph 3 of the Rules of use of weapons and military equipment on intruders of the airspace of the Republic of Kazakhstan approved by the decree of the Government of the Republic of Kazakhstan of February 22, 2018 No. 73, use of weapons and military equipment on intruders(including UAVs) is carried out by the Armed Forces of the Republic of Kazakhstan (further – Armed Forces), a State Security Service of the Republic of Kazakhstan (further – the State Security), the National Security Agency of the Republic of Kazakhstan (hereinafter – National Security Agency) and internal Affairs agencies of the Republic of Kazakhstan (hereinafter Internal Affairs agencies), in cases of creating a threat to the security of the Republic of Kazakhstan, the life and safety of people on its territory, its strategic and defense facilities.

The order of using the civil unmanned aerial vehicles is regulated by the Law of Airspace usage and the Rules of Airspace usage.

Responsibility for violation of the established rules is determined by the Administrative Violations Code of the Republic of Kazakhstan. For example, article 563 of the Administrative Code provides for the imposition of administrative penalties for carrying out activities (which is, flights of aircraft and other flying vehicles, performing all types of firings, rocket launches, explosive work and other activities related to the movement of material objects in the airspace of the Republic of Kazakhstan), without submitting a flight plan (when flying in uncontrolled airspace without notification) and (or) without permission to perform flights, and (or) without permission to carry out activities that pose a threat to the flight safety.

In the month of June 2020, there are 277 units of unmanned aerial vehicles are registered.

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