On January 2, 2021, the President of the Republic of Kazakhstan signed the Law of the Republic of Kazakhstan No. 399-VI “On making amendments and addenda to some legislative acts of the Republic of Kazakhstan on economic growth recovery” (hereinafter – the Law). The Law provides for amendments to the Law “On the use of airspace of the Republic of Kazakhstan and aviation activities”.
Previously, the legislation of the Republic of Kazakhstan in the field of civil aviation lacked a mechanism for control over operators flying outside the airspace of the Republic of Kazakhstan with a permanent base on the airfields of a foreign country. In this case, they became unavailable for inspection by the competent state authorities. Also, there was no responsibility of operators for failure to notify the authorized organization in the field of civil aviation about irregular international flights.
In order to ensure constant control of such operators the Aviation Administration of Kazakhstan together with the Civil Aviation Committee proposed amendments to the Law “On the use of airspace of the Republic of Kazakhstan and aviation activities” as part of the Law “On making amendments and addenda to some legislative acts of the Republic of Kazakhstan on economic growth recovery”.
Under the new amendments, civil aircraft operators who perform irregular flights outside the airspace of the Republic of Kazakhstan must have to locate their head office now only in the Republic of Kazakhstan and operational and financial decisions affecting the direction, control and coordination of activities and operations of the organization must have to be available for inspection by the competent state authorities.
In addition, if the operator fails to notify the AAK about the date and purpose of the flight performed, or provide false information in the notification, as well as violation of the requirement regarding the location of the office in the Republic of Kazakhstan Aviation Administration may revoke the operator’s certificate. Grounds for withdrawal of the operator’s certificate will also be the conduct of the civil aircraft operator’s flight for the transportation of military formations, weapons and military equipment of foreign countries, as well as dual-use products without the approval of the authorized body in the field of civil aviation.
In addition, in order to ensure control over the activities of aircraft performing international flights have been introduced for the availability of equipment (on board) ensuring the transfer of data through ground and satellite communication channels on the condition and location of the aircraft intended to transport cargo.
Also, for the registration of a civil aircraft designed to transport cargo introduced a new requirement that the calendar life of aircraft intended for the carriage of goods (the period commencing on the date of issue of the aircraft until the day of registration), shall not exceed twenty-five years and the resource of the aircraft, calculated by the number of flight cycles and hours shall be not more than two thirds part of the established factory online, with the official confirmation of the manufacturer or design Bureau.
The relevant amendments come into force ten calendar days after the date of its first official publication of the Law.
The Law of the Republic of Kazakhstan “On the use of airspace of the Republic of Kazakhstan and aviation activities” with the new amendments is available at the link.