On State Regulation Of Aviation Development

Original Language Title: О государственном регулировании развития авиации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
RUSSIAN FEDERATION FEDERAL LAW On State Regulation Aviation Development adopted by the State Duma on December 10, 1997 Approved by the Federation Council 24 December 1997 . N 168-FZ; of 18.10.2007 N 230-FZ; dated 29.04.2008 N 58-FZ; of 23.07.2010 N 183-FZ; of 14.10.2014 N 307-FZ; dated 13.07.2015 N254-FZ) This Federal Law defines the legal basis for state regulation of the development of aviation in the Russian Federation. CHAPTER I. GENERAL PROVISIONS Article 1. Basic concepts The following basic concepts apply in this Federal Law: State regulation of aviation development-system of economic and legal regulation of aviation development and aviation activities, state support and protection of Russian developers, producers, operators and owners of aircraft equipment; aviation-state aviation Civil aviation, civil aviation, experimental aviation, aviation industry, aviation infrastructure, unified air traffic management system and aviation equipment; (In the wording of Federal Law dated July 23, 2010. N 183-FZ aviation activities-organizational, production, scientific and other activities of individuals and legal entities aimed at supporting and developing aviation, meeting the needs of the economy and the population in the air transport, air operations and services, including the establishment and use of an airfield network and airports, and other tasks; the aviation industry, industry of development, production, Testing, repair and utilization of aircraft; Aviation infrastructure-airfields, airports, unified air traffic management system, centers and command posts of aircraft, reception, storage and processing of aviation information, Aircraft storage facilities, aviation centres and equipment, other aircraft operations and equipment; Aviation Organization, including the Aviation Enterprise- legal entity regardless of the form and form The main purpose of the activity is the development, production, testing, operation, repair and (or) disposal of aircraft; aircraft equipment-aircraft, their vehicle equipment and units, engines, aircraft, aircraft, simulators, ground air traffic control, navigation, landing and communications, and aircraft ground maintenance; dual use-aviation equipment used In order to meet the needs of citizens and the economy, as well as in the interests of the defence and security of the Russian Federation; aircraft, helicopters, aircraft, aerospace rockets, balloons, airships, gliders, Fats, deltaplans, and other aircraft. The aircraft can be military, special, civilian and experimental. (In the wording of Federal Law of 23 July 2010) N 183-FZ) Article 2 Objectives of State regulation of development Aviation The objectives of state regulation of aviation development are: OF THE PRESIDENT OF THE RUSSIAN FEDERATION { \cs6\f1\cf6\lang1024 } Business Links { \cs6\f1\cf6\lang1024 } Aviation science and technology capacity; meeting the needs of natural and legal persons in air operations, air operations and services, and protecting their rights to safe, high-quality and economical air operations and aviation work and services; Upgrading and upgrading of aviation equipment and its competitiveness; building airfields and airports that meet international standards; aviation works and services; creation of a leasing system "Russian civil aviation equipment as a basis for renewal of the fleet of aircraft, creation of favorable economic conditions for Russian and foreign legal entities, as well as individuals for investment in the acquisition of this aircraft," Putin said. Aircraft; Create new jobs. Article 3. The main principles of aviation development are the main principles of aviation development: priority development of the economy, strengthening of defense and security of the Russian Federation; development of state, civil and experimental aviation, development, creation and production of aviation equipment; State control of aircraft development in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Law of 14.10.2014. N 307-FZ ) equal and mutually beneficial international cooperation of the Russian Federation in the field of aviation development. Chapter II. State SETTLEMENT DEVELOPMENT OF THE AVIATION Article 4. The Government of the Russian Federation in the field of aviation development , the Government of the Russian Federation, in order to ensure a unified state policy in the field of aviation development: Federal aircraft development programs; implements measures for the development of aviation for the defense and security of the Russian Federation, the implementation of the foreign and domestic policies of the Russian Federation; of the Russian Federation Aviation and supervision of the development and implementation of international aviation projects with the participation of the Russian Federation; approves the classification of maintenance and repair of civil aviation airfields, in federal ownership, financial cost ratios for maintenance and repair, as well as rules for calculating the budget allocation for these purposes; (Paragraph added, the federal law from 13.07.2015. N254-FZ) has other powers in the field of aviation development, assigned to it by federal laws and decrees of the President of the Russian Federation. Article 5. Powers of the federal executive branch of power in the field of aviation development 1. The powers of the federal executive authorities in the field of aviation development are defined and implemented in accordance with the legislation of the Russian Federation. 2. Specially empowered federal executive authorities: participate in the implementation of the State policy on aviation development within the limits of its authority; develop proposals for a single State policy in the field of aviation development; , within its powers, coordinates the development, production and testing of aviation equipment, the creation of new aviation technologies, and interaction in the field for the development of aviation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION organize and develop an aviation industry pilot; provide, within the limits of its powers, with the federal executive authorities concerned with the implementation of international treaties OF THE PRESIDENT OF THE RUSSIAN FEDERATION Aviation, aviation and aviation infrastructure development programmes; organize aircraft certification, including dual-use aircraft, and aviation infrastructure in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102051002&backlink=1 & &nd=102359913 " target="contents "title=" "> from 14.10.2014 N 307-FZ )performs state control (supervision) in accordance with the legislation of the Russian Federation; (in the wording of Federal Law from 14.10.2014 N 307-FZ) participates in the formation of the air transport and aviation market and services; exercise other powers established by laws and other normative legal acts of the Russian Federation. THE RUSSIAN FEDERATION Article 6. Maintenance of aircraft 1. The operation of aviation equipment is subject to the State registration of such equipment and the rights to it in due course. 2. Aircraft equipment withdrawn from operation is subject to disposal or may be implemented by educational, scientific institutions, cultural institutions and organizations in accordance with the procedure established by the Government of the Russian Federation. Article 7. Certification and licensing in the field of development Aviation 1. Legal entities undertake the development, production and testing of aircraft, including dual use aircraft, subject to the availability of appropriate licences, certificates and subject to the requirements of preserving the State, Official and commercial secrets in accordance with the laws and other regulatory legal acts of the Russian Federation. 2. It is the responsibility of developers, manufacturers and operators to ensure the reliability of the equipment in operation. Article 8. { \cs6\f1\cf6\lang1024 } Security { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Security { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Security { \cs6\f1\cf6\lang1024 } security Measures to monitor compliance with safety requirements in the development, production, testing, operation, repair and disposal of aircraft are carried out by the federal executive authority responsible for implementation OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the wording of the Federal Law of 14.10.2014, N 307-FZ) 2. Aviation organizations are responsible for ensuring security in the development, production, testing, operation, repair and disposal of aviation equipment. In the wording of the Federal Law of 14.10.2014, N 307-FZ) CHAPTER III. THE CHARGE OF THE DEVELOPMENT OF THE AVIATION Article 9. State support for the development of aviation State support for the development of aviation is carried out by means of: the implementation of the budget policy for the development of aviation; The order of tax and other benefits for Russian and foreign investors participating in the financing of fundamental and applied research and development; Tax Credit for Russian Aviation Organizations acquiring and exploiting Russian aircraft, including on a leasing basis; protection of the interests of citizens and legal entities of the Russian Federation carrying out activities in the field of aviation development in the international (...) (...) Article 10. The basis of financing for aviation development 1. Financing of the development of aviation is carried out by allocating funds from the federal budget and budgets of the constituent entities of the Russian Federation for federal targeted programs in order to ensure state needs (development, production, testing, etc. operation, maintenance and disposal of aircraft) in accordance with the procedure established by law. 2. State customers and performers of aviation works and services have the right to attract extrabudgetary sources of funding, including their own funds. Article 11. Aviation Privatization Privatization of State and municipal property, including organizations involved in the development, production, testing, operation, repair and disposal of aircraft " The assets and facilities of the aviation infrastructure are carried out in accordance with the procedure provided by the legislation of the Russian Federation on privatization. Article 12: (Spconsumed out-Federal Law of 29.04.2008) N 58-FZ) Article 13. Nationalization of aviation development The state in order to ensure its interests in the field of aviation development has the right under the federal law to nationalize (turn to state property) the property located in the ownership of natural and legal persons. Article 13-1. Transfer of airports and/or airfields civil aviation from federal property to ownership or control of subject Russian Federation 1. The transfer of airports and (or) airfields of civil aviation from federal property to the property of the constituent entity of the Russian Federation is carried out on the basis of a constituent entity assigned to the highest executive body of the Russian Federation. The Federation of Airports and (or) Civil Aviation Airfields, located in the territory of the constituent entity of the Russian Federation (hereinafter referred to as the list). 2. The formation of the list and the direction of it to the supreme executive body of the State power of the constituent entity of the Russian Federation is carried out by the federal executive body, which performs functions for the management of state property in the sphere civil aviation, on the basis of state registration of airports and/or airfields. 3. The list includes airports and/or civil aviation airports located in the territory of the Russian Federation, which are located in federal property (except airfields). (In the wording of the Federal Law No. N 254-FL) 4. The constituent entities of the Russian Federation are entitled to obtain the airports and/or airfields included in the list. In order to obtain these airports and (or) airfields in the property of the subject of the Russian Federation, the supreme executive body of the State authorities of the constituent entity of the Russian Federation shall send to the federal executive authority implementing Functions for the management of state property in the sphere of civil aviation, application for ownership of airports and (or) airfields of the Russian Federation constituent airports. 5. Federal Executive Committee for the management of public property in civil aviation, within 45 calendar days of receipt of the entity's supreme executive authority In accordance with this request, the Russian Federation submits a request for transfer to the Government of the Russian Federation of a draft decision on transfer to the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Airfields. 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The property of the airports and (or) airfields of the Russian Federation takes a decision on the transfer of the above-mentioned airports and (or) airfields to the property of the subject of the Russian Federation. 7. The property of the airports and (or) airfields is transferred to the ownership of the facilities of the Unified System of the Air Traffic Organization by the transfer to the property of the constituent entity of the Russian Federation. 8. The right of ownership of an entity of the Russian Federation to the airports and (or) airfields included in the list is deemed to have arisen from the date of the State registration of the said right of ownership in the United States. The State Register of Real Property Rights and Transactions. 9. The transfer of airports and (or) airfields to the property of the constituent entities of the Russian Federation shall take into account the provisions of article 154, paragraph 11, of the Federal Act of 22 August 2004, No. 122-FZ " On amendments to OF THE PRESIDENT OF THE RUSSIAN FEDERATION Legislative (Representative) and Executive Bodies of the State Power of the Actors OF THE PRESIDENT OF THE RUSSIAN FEDERATION The State authorities of the constituent entity of the Russian Federation are not entitled without coordination with the federal executive authority exercising the functions of civil aviation administration of State property. (or) the termination of the operation of the airports and (or) airfields owned by the constituent entity of the Russian Federation, as well as other actions resulting in the inability to use these airports and/or airfields target. 11. The airports in the ownership of the Russian Federation may be transferred by agreement with the Government of the Russian Federation to the constituent entity of the Russian Federation in accordance with the procedure established by this article for the transfer of airports and (or) OF THE PRESIDENT OF THE RUSSIAN FEDERATION The right to manage airports of federal importance arises from the subject of the Russian Federation from the day established by the agreement on the transfer of such airports to the administration of the subject of the Russian Federation. (In the wording of the Federal Law No. N 254-FZ) N 230-FZ) CHAPTER IV. Ensuring the implementation of the provisions Article 14. Liability for violation of this Federal Law Persons guilty of violation of this Federal Act are liable in accordance with the legislation of the Russian Federation. Article 15. The procedure for the entry into force of this Federal Law Law This Federal Law shall enter into force on the date of its official publication. Article 16. Enact normative legal acts in accordance with this Federal law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal framework into law. Acts under this Federal Act. President of the Russian Federation B. Yeltsin Moscow, Kremlin 8 January 1998 N 10-FZ