On State Regulation Of Aviation Development

Original Language Title: О государственном регулировании развития авиации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102051002

RUSSIAN FEDERATION FEDERAL LAW on State regulation of aviation development passed by the State Duma December 10, 1997 year approved by the Federation Council of the year December 24, 1997 (as amended by the federal laws from 25.10.2006 N 168-FZ;
from 18.10.2007. N 230-FZ; from 29.04.2008 N 58-FZ;
from 23.07.2010 g. N 183-FZ; from 14.10.2014 N 307-F3;
from 13.07.2015 N 254-FZ) this federal law defines legal bases of State regulation of the development of aviation in the Russian Federation.
Chapter i. General provisions article 1. Basic concepts in this federal law applies the following concepts: Government regulation of aviation development-economic system and legal regulation of aviation and aviation operations, Government support and protection of the Russian designers, manufacturers, operators and owners of aircraft;
Aviation-aviation State (State military aircraft and State aircraft, special-purpose), civil aviation, experimental aircraft, aircraft, aviation infrastructure, a unified system of air traffic management and aviation equipment; (As amended by federal law from 23.07.2010 g. N 183-FZ) aviation activities-institutional, manufacturing, research and other activities of natural and legal persons, aimed at supporting and developing the aviation needs of the economy and population in air transport, aerial work and services, including the creation and use of terminal network and airports, and other tasks;
aviation industry-industry, in which design, manufacture, testing, repair and disposal of aircraft;
aviation infrastructure-aerodromes, airports, facilities of a unified air traffic management system, centers and mission control aircraft items, items of reception, storage and processing of information in the field of aviation activities, storage facilities, venues and equipment for training flight crews, other aviation activity used in the buildings and equipment;
Aviation Organization, including aviation enterprise is a legal entity, irrespective of the legal form and form of ownership, the main purpose of which is the development, production, testing, operation, maintenance and (or) disposal of aircraft;
Aviation technician-aircraft, their on-board equipment and units, engines, aircraft armament, aircraft rescue, simulators, ground-based air traffic management tools, navigation, landing and communication, as well as the means of ground handling services for aircraft;
dual-use aircraft-aircraft, which is used in order to ensure that the needs of citizens and the economy, and in the interests of defence and security of the Russian Federation;
aircraft-aircraft, helicopters, aircraft, aviation and space rockets, balloons, airships, gliders, airplanes, hang gliders and other aircraft. Aircraft may be military, special, civilian and experimental. (As amended by federal law from 23.07.2010 g. N 183-FZ), Article 2. The goal of the State regulation of Aviation Development Goals of State regulation of aviation development are: promotion of the economic development of the Russian Federation;
strengthening the defence and security of the Russian Federation;
development and expansion of international cooperation of the Russian Federation for further integration of the Russian Federation into the world economic relations;
support and development of scientific and technological capacities of aviation;
needs of individuals and legal entities in the air transport, aerial work and services and the protection of their rights to safe, high quality and cost-effective air freight and aerial work and services;
the improvement and modernization of aircraft and ensuring its competitiveness;
construction of airfields and airports that meet international standards;
the creation of a market of aviation works and services;
the establishment of a system of leasing Russian civil aviation technology as the basis for fleet aircraft, creating favourable economic conditions to Russian and foreign legal persons and individuals to invest in the purchase of specified aircraft;
the creation of new jobs.
Article 3. The basic principles of development of aviation aviation development are basic principles: the priority of developing the economy, strengthening the defence and security of the Russian Federation;
software-targeted approach to the development of public, civil and experimental aviation, development, creation and production of aeronautical engineering;
State control (supervision) over the development of aviation in accordance with the legislation of the Russian Federation; (As amended by the Federal law of 14.10.2014 N 307-FZ) equal and mutually advantageous international cooperation of the Russian Federation in the field of aviation.
CHAPTER II. STATE REGULATION

DEVELOPMENT of aviation article 4. The authority of the Government of the Russian Federation in the field of aviation, the Government of the Russian Federation in order to ensure the carrying out of a uniform State policy in the field of aviation development: develops federal target programme for the development of aviation;
implementing measures for the development of aviation in the defence and security of the Russian Federation, the implementation of internal and foreign policy of the Russian Federation;
coordinates international cooperation of the Russian Federation in the field of aviation development and oversees the development and implementation of international aviation projects with participation of the Russian Federation;
adopts the classification of maintenance and repair of airfields of civil aviation under federal property, standards of financial expenses for their upkeep and repair, as well as the rules for calculating the amount of the budgetary appropriations for the specified purpose; (The paragraph is supplemented by federal law from 13.07.2015 N 254-FZ) exercise other powers in the field of aviation development, entrusted to it by the federal laws and decrees of the President of the Russian Federation.
Article 5. Authority of federal bodies of executive power in the field of aviation development 1. Authority of federal bodies of executive power in the sphere of development of aviation are defined and implemented in accordance with the legislation of the Russian Federation.
2. Specially authorized federal executive authorities: involved in the realization of the State policy in the field of development of aviation within its competence;
develop proposals for a unified State policy in the field of aviation;
carry out within its mandate to coordinate the development, production and testing of aviation technology, create new aviation technologies, as well as collaboration in the development of aviation;
manage the development of aviation in the defence and security of the Russian Federation, fulfillment of works on creation of aeronautical engineering;
organize scientific-research and experimental-design works on creation of aeronautical engineering;
organize the creation and development of experimental base of the aviation industry;
provide within their terms of reference, together with the interested federal bodies of executive power implementation of international treaties of the Russian Federation, international aviation projects and development programmes for aviation, aeronautical engineering and aviation infrastructure;
organizes certification of aviation equipment, including dual-use aviation technology, and aviation infrastructure objects in accordance with the legislation of the Russian Federation;
carry out licensing of separate types of activity in the field of aviation, in accordance with the legislation of the Russian Federation; (As amended by the Federal law of 14.10.2014 N 307-FZ) shall exercise State control (supervision) in accordance with the legislation of the Russian Federation; (As amended by the Federal law of 14.10.2014 N 307-FZ) participate in the formation of the market of air transport and aviation works and services;
carry out other functions provided for by the laws and other normative legal acts of the Russian Federation.
Article 6. Maintenance of aviation equipment 1. Operation of aeronautical engineering is subject to state registration of such equipment and the rights to it in due course.
2. Aircraft, discontinued operation, be treated or could be implemented educational, academic institutions, cultural institutions and organizations in the manner prescribed by the Government of the Russian Federation.
Article 7. Certification and licensing in the field of aviation development 1. Legal entities carry out the development, manufacture and testing of aviation equipment, including dual-use aviation technology, subject to the availability of licenses, certificates and subject to the fulfilment of the requirements to maintain state, official and commercial secrecy in accordance with the laws and other normative legal acts of the Russian Federation.
2. ensuring the reliability of the operated aviation equipment rests with its developers, manufacturers and operators.
Article 8. Ensuring the safety in the development, production, testing, operation, maintenance and disposal of aircraft equipment 1. Arrangements for monitoring compliance with the security requirements in the design, manufacture, testing, maintenance, repair and disposal of aircraft equipment are carried out by federal authorities, by the exercise of State control (supervision) in accordance with the legislation of the Russian Federation, within the limits of its competence. (As amended by the Federal law of 14.10.2014 N 307-FZ)
2. Security in the development, production, testing, operation, maintenance and disposal of aircraft equipment lies with the aviation organizations engaged in these types of works and services. (As amended by the Federal law of 14.10.2014 N 307-FZ), chap. III. ESPECIALLY ECONOMIC RELATIONS

AVIATION development Article 9. State support for the development of aviation in the State support to the development of aviation shall be effected by: budgetary policies, ensuring the development of aviation;
the provision in accordance with the law of tax and other benefits to Russian and foreign investors involved in the financing of fundamental and applied research and experimental-design works;
the provision in accordance with the law of tax benefits to Russian aviation organizations, purchasing and operating the Russian aircraft, including the leasing basis;
protect the interests of citizens and legal persons in the Russian Federation active in the field of aviation, in international organizations;
information and legal support for the development of aviation.
Article 10. Development of aviation funding base 1. Financing of the development of aviation is carried out through funding from the federal budget and the budgets of the constituent entities of the Russian Federation to the federal target programmes in order to ensure public needs (development, production, testing, maintenance, repair and disposal of aircraft equipment) in the manner prescribed by law.
2. Government customers and executors of aviation works and services has the right to attract extrabudgetary sources of financing, including custom tools.
Article 11. Privatization in the field of aviation, privatization of State and municipal property, including ensuring the development, production, testing, maintenance, repair and disposal of aircraft, associated equipment and aviation infrastructure objects is carried out in the manner prescribed by the legislation of the Russian Federation on privatization.
Article 12. (Repealed-the Federal law from 29.04.2008 N 58-FZ) Article 13. Nationalization of aviation development State to ensure its interests in the field of development of aviation has the right under federal law to nationalize (draw into State ownership) of the property that is owned by natural and legal persons. Article 13-1. Transfer airports and (or) civil aviation aerodromes of federal property in the ownership or management of a constituent entity of the Russian Federation 1. Transfer airports and (or) civil aviation aerodromes of federal property in the property the subject of the Russian Federation is carried out pursuant to the Supreme executive organ of State power of constituent entities of the Russian Federation list of airports and (or) civil aviation airfield located on the territory of the Russian Federation (hereinafter list).
2. formation of the list and its direction in the Supreme executive organ of State power of constituent entities of the Russian Federation are carried out by the federal executive body responsible for management of State property in the field of civil aviation, on the basis of the data of the State registration of airports and (or) airfields.
3. In the list included located on the territory of the Russian Federation airports and (or) civil aviation airfields located in federal property (except airfields co-location). (As amended by the Federal law of 13.07.2015 N 254-FZ)
4. A constituent entity of the Russian Federation shall have the right to receive the property of airports and/or airports, included in the list. To retrieve the specified airports and (or) airfields in the property the subject of the Russian Federation the Supreme executive organ of State power of constituent entities of the Russian Federation shall submit to the federal body of executive power performing functions on State property management in the field of civil aviation, application for transfer of ownership of the subject of the Russian Federation airports and/or airports, included in the list.
5. Federal body of executive power performing functions on State property management in the field of civil aviation, within 45 calendar days of receipt from the highest executive organ of State power of constituent entities of the Russian Federation application for the transfer of ownership of the subject of the Russian Federation airports and/or airports, listed in accordance with this application represents the Government of the Russian Federation, a draft decision on the transfer of ownership of the subject of the Russian Federation referred to airports and (or) airfields.
6. the Government of the Russian Federation within 45 calendar days from receipt of a federal body of executive power performing functions on State property management in the field of civil aviation, the draft decision on the transfer of ownership of the subject of the Russian Federation airports and/or airports, listed, shall decide on the transfer of ownership of the subject of the Russian Federation referred to airports and (or) airfields.

7. when transferring the ownership of the subject of the Russian Federation airports property and (or) airfields objects Unified air traffic management system to transfer to the property the subject of the Russian Federation.
8. ownership of a constituent entity of the Russian Federation passed from federally owned airports and (or) airfields, included in the list shall be deemed to have arisen from the date of State registration of the right of ownership in the unified State Register of rights to real estate and transactions with it.
9. the transfer of ownership of the subject of the Russian Federation airports and/or airports, included in the list shall take into account the provisions of part 11 of article 154 of the Federal law dated August 22, 2004 N 122-FZ "on changes in the legislative acts of the Russian Federation and repealing certain legislative acts of the Russian Federation in connection with adoption of the Federal law on amendments and additions to the Federal law on general principles of organization of legislative (representative) and executive bodies of State power of the constituent entities of the Russian Federation" and "on the General principles of organization of local self-government in the Russian Federation ".
10. State authorities of the constituent entities of the Russian Federation may not without coordination with the federal executive body responsible for management of State property in the field of civil aviation, to carry out the redevelopment and (or) the cessation of operation of airports and/or airports, passed into the ownership of the subject of the Russian Federation, as well as other actions that lead to the impossibility to use these airports and (or) airfields for the intended purpose.
11. airports, owned by the Russian Federation, under an agreement with the Government of the Russian Federation can be transferred to the Office of the subject of the Russian Federation in the manner prescribed by this article to transfer airports and (or) civil aviation aerodromes of federal property in the property the subject of the Russian Federation. The right management of the airports of Federal significance arises from the subject of the Russian Federation from the date set by the agreement on the transfer of such airports in the Office of the Russian Federation. (As amended by the Federal law of 13.07.2015 N 254-FZ)
(Article supplemented by federal law from 18.10.2007. N 230-FZ), chap. IV. ENSURING COMPLIANCE with the PROVISIONS OF THIS FEDERAL LAW Article 14. Liability for violation of this federal law, violators of this federal law, shall be liable in accordance with the legislation of the Russian Federation.
Article 15. Method of entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 16. Bringing of normative legal acts in accordance with this federal law to propose to the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 10 January 8, 1998-FZ