Air Code Of Turkmenistan

Original Language Title: Воздушный кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8337

 
On the approval and introduction of the air code of Turkmenistan (statements of the Mejlis of Turkmenistan, 2012, no. 1, p. 6) article 1. Approve the air code of Turkmenistan.
 
Article 2. This law shall enter into force on the day of its official publication.
 
Article 3. From the date of entry into force of the air code of Turkmenistan and void the air code of Turkmenistan, approved the law of Turkmenistan on June 18, 1996 year and all subsequent laws, which changes and additions to it.
 
Article 4. Air code action extend to relations that arose after its entry into force.
 
Article 5. Normative legal acts of Turkmenistan regulating aviation, shall be harmonized with the code.
 
Article 6. Pending the bringing of normative legal acts of Turkmenistan in the field of aviation, in line with the code they operate to the extent not contrary to the Air Code of Turkmenistan.
 
 
    Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat January 10, 2012 year no. 255-IV.
 
 
TURKMENISTAN AIR CODE this code defines legal, economic and organizational foundations of aviation in meeting the needs of businesses and individuals, as well as other activities on the use of airspace of Turkmenistan and ensure its security, defence and protection of the interests of the State and the safety of the aircraft, aviation and environmental safety.
 
Chapter i. General provisions article 1. Turkmenistan's sovereignty over its airspace 1. Turkmenistan has complete and exclusive sovereignty over its airspace, which is part of the territory of Turkmenistan.
2. Under Turkmen airspace refers to airspace over the territory of Turkmenistan, including the airspace above the internal waters and territorial sea.
 
Article 2. The legislation of Turkmenistan's airspace 1. The legislation of Turkmenistan's airspace is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by the present Code, the rules of the international treaty shall apply.
 
Article 3. Regulation of relations connected with the use of airspace of Turkmenistan relations arising in connection with the use of airspace of Turkmenistan and the activities of its users, are governed by this code, the regulations on the use of airspace of Turkmenistan Rules flights in the airspace of Turkmenistan, other rules, approved by the Cabinet of Ministers of Turkmenistan and adopted in accordance with the established procedure by State Aviation Regulations and other normative legal acts of Turkmenistan.
 
Article 4. The scope of the air code of Turkmenistan Turkmenistan air code Action extend to all users of the airspace of Turkmenistan in relation to them, both in Turkmenistan and abroad, unless otherwise provided by the laws of the host country.
 
Article 5. Types of aviation and use 1. Aviation of Turkmenistan is divided into public and civil, including general-purpose aviation.
2. To State Aviation include military aircraft, aircraft and aircraft used in the bodies of national security, Ministry of Interior, border and customs services or by the decision of Cabinet of Ministers of Turkmenistan within the purview of other bodies of State administration. State aircraft used for defence, security and the rule of law, protection of the interests of the State.
3. To include civil aviation aircraft performing air transport and aviation works for public purposes.
4. General Aviation aircraft applies to used by entities or individuals to meet their own needs in accordance with established rules and regulations for it.
5. Aviation of Turkmenistan, regardless of origin, may be used to provide urgent medical assistance, search and rescue and rescue, including natural disasters.
(As amended by the law of Turkmenistan on May 23, 2015 year i26 March 2016 г.-Statements of the Mejlis of Turkmenistan, no. 2 2015, article 63; 2016 г., # Article _ _) article 6. Ownership of the means of Aviation of Turkmenistan 1. Aircraft, airplanes, airports, airfields, equipment and other property necessary for the Organization, execution and provide flights of aircraft can be found in the public, private and other forms of ownership.
2. State aircraft is only in State ownership.
3. restrictions may not be imposed on the acquisition of aviation, except for cases stipulated by normative legal acts of Turkmenistan.
 
Article 7. Authorities in the use of airspace and aviation management
 

1. Governance and control in the use of airspace shall be carried out by the authorized body of the Ministry of defence of Turkmenistan in accordance with the regulation on the use of airspace of Turkmenistan.
2. public administration in the field of civil aviation activities is carried out by the notified body-the national public service "Türkmenhowaýollary" in accordance with the regulations, approved by the President of Turkmenistan.
State national service «Türkmenhowaýollary» coordinates work on those areas with the civil aviation authorities of other States and international organizations.
3. Governance of State aviation activities carried out by the notified body in this field, the Ministry of defence of Turkmenistan.
Organization of activities in the field of State Aviation and operational management of the activities carried out by the competent authorities, control his sub-unit of the State Aviation in the Ministry of national security of Turkmenistan, Ministry of Internal Affairs of Turkmenistan, the State border service of Turkmenistan, the State Customs Service of Turkmenistan respectively.
(As amended by the law of Turkmenistan on May 23, 2015 year i26 March 2016 г.-Statements of the Mejlis of Turkmenistan, no. 2 2015, article 63; 2016 г., # Article _ _) article 8. The State management in the area of air space and aviation activities through authorized State bodies carries out the management of airspace management and aviation activities in the following areas: 1) ensuring defense and protection of State interests of Turkmenistan;
2) compliance with the economic interests of Turkmenistan, timely, full and qualitative satisfaction of the needs of the economic agents and population in transportation and aviation works;
3) creating the conditions for effective development of aviation, civil aviation increased participation in the market for international carriage by air;
4) supervision over compliance with the usage rules and flight safety of the aircraft;
5) certification, registration and licensing of activities in the field of aviation;
6) observance of interests of airspace users;
7) protection of citizens ' rights during their air transport services;
8) coordination of various aviation supplies;
9) Wednesday environmental protection from the harmful effects associated with aviation activities.
 
Article 9. State Aviation Regulations Turkmenistan 1. Authorized organs of management and control in the areas of public and civil aviation shall develop, adopt and publish as appropriate for use by legal and natural persons State of Turkmenistan's aviation rules, which define and regulate: 1) of how to perform the flights of aircraft in the airspace of Turkmenistan;
2) order to organize and run a public flight of civil aircraft;
3) order providing flights of aircraft;
4) procedure for the Organization and conduct of the investigation of aviation events with aircraft of Turkmenistan, its classification and accounting;
5) certification in the field of State and civil aviation;
6) the order of State registration of aircraft and airfields;
7) procedure for conducting search and rescue operations;
8) standards and norms in the field of environmental protection Wednesday;
9) presentation and consideration of claims arising from air cargo and mail;
10) other relations in the sphere of use of the airspace of Turkmenistan and activities in the field of aviation, stipulated by this code.
2. the competent authorities, having in his conduct of State aviation units, within the competence of a particular clause 7 of this code, shall adopt regulations governing the operation of aviation and its security, the appropriate State aircraft rules.
 
Article 10. Certification activities in the field of aviation 1. Legal persons engaged in the development, production, repair and maintenance of aircraft, as well as aviation personnel must obtain a certificate (certificate) to match the person's level of technical training required by the relevant State aviation rules.
Certification in the field of aviation recognized activity of authorized bodies in the public and civil aviation objects of conformity assessment certification requirements established by State aviation regulations.
Certification: 1), developers and manufacturers of aircraft and other aeronautical engineering;
2) aircraft, aircraft engines, propellers, airborne and ground aviation equipment and other objects;
3) aerodromes and airports;
4) Aviation businesses and providing air transport of passengers, cargo, mail and aerial work;
5) educational institutions engaged in the training of specialists at the appropriate level according to the lists of posts of aviation personnel;

6) legal persons whose activities are directly related to the flight safety of the aircraft or aviation security;
7) enterprises engaged in maintenance and repair of aircraft.
2. Certification of design and production of aeronautical engineering in Turkmenistan is carried out by a body authorised by the Cabinet of Ministers of Turkmenistan.
3. the requirements for certification established by the State aviation rules Turkmenistan, are required to comply with all legal or physical persons.
In the case of non-compliance with the requirements of aviation rules State Turkmenistan, in accordance with which the certificate was issued (certificate), it may be suspended or withdrawn by the decision of the authorized body that issued the certificate (certificate).
4. financing costs associated with the certification is carried out in accordance with the legislation of Turkmenistan.
 
Article 11. Licensing of activities in the field of civil aviation 1. Legal and physical person receiving the certificate (certificate) for the right operation of the aircraft, registered in the manner prescribed by normative legal acts of Turkmenistan carries out activities related to air transport and aviation works production licenses issued by the notified body in the field of civil aviation.
Also licensing activities: 1) for servicing of aircraft, passengers, cargo and mail at airports and airfields;
2) in the area of education and vocational training according to the list of posts of aviation personnel;
3) monitoring of technical condition of operating safety and general aviation aircraft.
2. The procedure for issuing licenses to carry out the activities specified in paragraph 1 of this article, renewal, suspension, termination and revocation of a licence is established by legislation of Turkmenistan.
3. financing the cost of licensing is carried out in accordance with the legislation of Turkmenistan.
 
Article 12. State control over the activities in the field of aviation 1. State control over the activities in the field of civil aviation security for flights of aircraft and aviation safety is carried out by the notified body in the field of civil aviation and created them in accordance with the legislation of Turkmenistan inspektorskimi bodies.
2. For the purpose of carrying out inspection activities in the field of civil aviation inspection authorities are entitled to unlimited access to the objects and means of civil aviation.
Requirements of inspection service officials in connection with the inspections are mandatory for execution by legal or natural persons.
3. State monitoring of State aviation flight safety of the aircraft is performed in accordance with the procedure determined by the notified body in this field and State aviation units.
4. State supervision of aviation can implement and other State bodies within its competence, in accordance with the legislation of Turkmenistan.  
 
CHAPTER II. Article 13 USE of AIRSPACE. Activities involving the use of airspace 1. The activities related to the use of airspace of Turkmenistan are flights of aircraft and other aircraft, all kinds of shootings and missile launches, blasting and other activities associated with the movement of material objects, airspace, as well as using electromagnetic and light radiation.
2. activities related to the use of airspace of Turkmenistan are allowed with the permission of the authorized bodies, carrying out the functions of management and control in the use of airspace, air navigation services and aviation activities, subject to the necessary security measures.
 (As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 14. Airspace structure 1. For the implementation of activities related to the use of airspace, airspace air traffic service areas are established, airfields and terminal areas, air routes, itineraries and special zones flying aircraft, areas of uncontrolled flight exclusion zones and zone limits, areas of polygons, blasting, and other special items, forming together the structure of the airspace of Turkmenistan.
2. structure of the airspace, the procedure of its formation and changes the rules for planning, coordination and collaboration between users of the airspace defined by the regulation on the use of airspace of Turkmenistan.
 
Article 15. Airspace users and priorities in its use
 

1. Legal and natural persons-airspace users in the implementation of activities referred to in article 13 of this code, shall have equal rights and bear equal responsibility on the territory of Turkmenistan.
2. in case of need to use air space simultaneously by two or more users of the airspace of the right to use it is available to users in accordance with government priorities in the following sequence: 1) the incorporation of air attack, prevention and cessation of violations of the State border of Turkmenistan or armed incursions into the territory of Turkmenistan;
2) assisting in emergency situations of natural and technogenic character;
3) preventing and ending breaches of provisions on the use of airspace of Turkmenistan;
4) lettered flights;
5) the flying aircraft, including those for Defense and security of the State, or other activities related to the use of airspace of Turkmenistan, in accordance with the decisions of the Cabinet of Ministers of Turkmenistan;
6) flights of State aircraft in case of operational readiness inspections, as well as in the case of relocation of aviation units of the State;
7 flight) or other activities related to the use of airspace of Turkmenistan in accordance with special agreements;
8) scheduled air transport of passengers and baggage;
9) perform additional flights of State aircraft;
10) scheduled air cargo and mail;
11) the carriage by air with frequent communication, performing aerial works;
12) implementation of pilot flying the aircraft;
13) implementation of educational, sporting and fly-pasts of aircraft;
14) flying aircraft or other activities on the use of airspace, carried out in order to meet the needs of legal or natural persons.
 
Article 16. How to use airspace 1. Turkmenistan's airspace open to flights of aircraft and other activities associated with its use.
2. The use of airspace of Turkmenistan or its individual areas may be partially limited or completely forbidden.
3. procedure for use of the airspace is governed by the regulations on the use of airspace of Turkmenistan.
4. All restrictions on the use of airspace of Turkmenistan are brought to the attention of the interested legal and physical persons of Turkmenistan and other States and international organisations through aeronautical information system.
5. Permanent exclusion zones and zone flight restrictions are included in the collections of the aeronavigation information.
6. Aeronautical information on the use of airspace is available for all airspace users.
 
Article 17. Monitoring compliance with the rules on the use of airspace of Turkmenistan 1. Monitoring compliance with the rules on the use of airspace of Turkmenistan are monitored by a unified air traffic management system of Turkmenistan, as well as air traffic service authorities and mission control in their areas and districts.
Provision of a single system of air traffic management of Turkmenistan, approved by the Cabinet of Ministers of Turkmenistan.
2. Specify the bodies a unified air traffic management system of Turkmenistan are mandatory for all airspace users.
3. The authorized body in the sphere of State Aviation monitors aircraft flights in the airspace of Turkmenistan in identifying offending aircraft.
4. the authorities referred to in the first and third parts of this article, are obliged to take the measures envisaged by the legal acts of Turkmenistan to prevent and end the violations of rules on the use of airspace of Turkmenistan.
 
Article 18. Communications by users of airspace 1. Airspace users are obliged to organize the channels of communication with the authorities of the Unified air traffic management system of Turkmenistan, as well as by air traffic services and flight control in their assigned areas of responsibility, and in the case of airspace to perform flights of aircraft-with air defence authorities of Turkmenistan.
2. To ensure that activities related to the use of the airspace, the enterprises of the Ministry of communication of Turkmenistan provides for rent users the necessary channels and communication devices. Failure of communication channels and devices are provided, they shall be replaced in accordance with the established procedure.
3. In the absence of rent provided channels of communication to ensure flights and air traffic control communications can be used for general use.

4. How to use public funds to ensure flights and air traffic control are set by the Ministry of communication of Turkmenistan jointly with the competent authorities in the field of State and civil aviation.
 
Article 19. Permission to use the airspace of Turkmenistan airspace of Turkmenistan is carried out in accordance with the regulations issued on the basis of approval from the competent authority of a unified air traffic management system of Turkmenistan, except as provided in paragraphs 1-3 of part 2 of article 15 of the present Code, under which notification is required use of airspace of Turkmenistan of the appropriate body of the unified air traffic management system of Turkmenistan.
 
Article 20. Service fee in the airspace and the provision of services in the airports of Turkmenistan charge for air navigation services and information support of aircraft within the airspace and at airports in Turkmenistan is charged in the manner prescribed by the rules of air navigation services charges in airspace and providing services at airports in Turkmenistan, approved by the notified body in the field of civil aviation.
 (As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 21. Violation of the rules for use of the airspace of Turkmenistan 1. Activities involving the use of airspace of Turkmenistan, without compliance with the requirements of this code and other normative acts on the use of airspace of Turkmenistan is recognized as a violation of the rules on the use of airspace of Turkmenistan.
2. Users of the airspace, violating rules on the use of airspace of Turkmenistan, shall be obliged upon request of State bodies responsible for monitoring compliance with them immediately to terminate such activities and to eliminate the violations committed by their forces.
 
Article 22. Emergency actions during a State of emergency, as well as to ensure public safety by decision of the President of Turkmenistan, full responsibility for the use of airspace of Turkmenistan may be transferred to the competent authority in the field of civil aviation.
 
CHAPTER III. AIRCRAFT Article 23. Concept aircraft aircraft aircraft is recognized, supported in the atmosphere due to its interaction with the air, in contrast to interaction with the air, reflected from the Earth (water) surface.
 
Article 24. Aircraft registration 1. Civil aviation aircraft as well as aircraft State Aviation subject to registration in accordance with the requirements of aviation rules State of Turkmenistan.
2. civil aviation aircraft registered in the State Register of civil aircraft of Turkmenistan and State Aviation-in the State Register of State aircraft.
By inserting an aircraft owner in the register shall be issued a certificate of registration.
3. Procedure of maintenance of the State Register of civil aircraft of Turkmenistan and the State Register of State aircraft of Turkmenistan, as well as the issuance of a certificate of registration shall be determined respectively by the notified body in the field of civil aviation and the notified body in the field of civil aviation.
4. Registration of gliders, hang gliders, ultralight aircraft other aircraft sports destination, aircraft of amateur design, aèrostatičeskih devices, as well as the issuance of their registration exercises the body, defined by the Cabinet of Ministers of Turkmenistan.
 
Article 25. Recognition of registration of aircraft 1. Since entering the aircraft in the State Register of civil aircraft of Turkmenistan or the State Register of State aircraft Turkmenistan all records previously made in respect of that ship aircraft registers of foreign States, Turkmenistan does not recognize.
2. Similarly not recognized Turkmenistan entering aircraft Turkmenistan in registries of aircraft of a foreign State, if an aircraft is not excluded in accordance with the established procedure of the aircraft registers of Turkmenistan.
 
Article 26. Aircraft registry of exception 1. The aircraft will be excluded from the public register of civil aircraft of Turkmenistan or the State Register of State aircraft of Turkmenistan in the following cases: 1) the cancellation or withdrawal of aircraft from service;
2) sale or transfer of aircraft in the prescribed manner to a foreign State, a foreign legal or natural person;
3) in other cases stipulated by the aircraft registration procedures, specific State aviation regulations.

2. With the exception of an aircraft from State Register of civil aircraft of Turkmenistan or the State Register of State aircraft Turkmenistan certificate of registration of the aircraft and all recordings made in respect of that ship in the appropriate register shall be null and void.
 
Article 27. Civil aircraft type certification 1. Civil aircraft design of the new type must be certified to comply with its applicable airworthiness standards in Turkmenistan and have a certificate type.
2. the standards of airworthiness of aircraft, civil aviation and the procedure for issuing airworthiness certificate establishes the State aviation regulations.
3. Certification of civil aircraft, as well as monitoring their compliance with the standards of airworthiness is carried out by the authorized body in the field of civil aviation.
4. In the event of a change in the approved design type (standard) or change its aircraft maintenance technical documentation that affect flight availability, this type of aircraft must undergo additional certification and get addition to the certificate type.
5. aircraft type certificate may be suspended or he may be annulled by a public authority which issued it, in case of detection of flaws that threaten flight safety.
 
Article 28. Tolerance to aircraft operation 1. Each instance of a civil aircraft shall be certified for compliance with the design, characteristics and maintenance of technical documentation requirements stipulated by State regulation of civil aircraft certification of Turkmenistan, as well as with the applicable standards of airworthiness and the requirements for the valid levels of noise and emission, which is the owner of the aircraft shall be issued the appropriate certificate (certificate) on the validity of his flight to execute as a navigational instrument.
2. aircraft of civil aviation, which has the type certificate is allowed to use, if it is registered in the State Register of civil aircraft of Turkmenistan and has the identity of the certificate of fitness for flying.
3. aircraft of civil aviation has no certificate type, but the former is in operation before the enactment of the present Code shall be allowed to operate on the basis of the valid certificate (certificate) of fitness for flying.
4. the content of civil aircraft in a position corresponding to the requirements of the airworthiness certificate and other requirements of flight safety is the responsibility of the operator of the aircraft.
5. admission to State Aviation aircraft is carried out in the manner prescribed by the notified body in the field of civil aviation.
6. State of the aircraft in a position corresponding to the airworthiness requirements and other requirements of flight safety in its use is the responsibility of the Government departments that have at their disposal a State aircraft.
 
Article 29. Certification of imported aircraft 1. Each instance of an imported aircraft must have an export airworthiness certificate or equivalent document issued by the competent authorities of the exporting country.
2. Imported into Turkmenistan, an aircraft can be allowed to operate if it is established that it complies with the airworthiness standards in Turkmenistan for civil aircraft, or basic technical requirements for State aircraft.
3. financing costs associated with the certification of imported aircraft, shall be carried out in accordance with the agreement regarding the acquisition of the aircraft.
 
Article 30. Recognition certificate of airworthiness foreign aircraft airworthiness certificate, a foreign aircraft is recognized as valid in Turkmenistan on condition that the requirements under which such a certificate issued by or under which he given legal force by the State registration in Turkmenistan conform to or exceed their requirements.
 
Article 31. Joint use of aircraft 1. Turkmenistan may participate in the joint use of aircraft with other States on the basis of mutual agreements.
2. Air carriers operating in Turkmenistan, can cooperate on mixed and joint transport for the resolution of the authorized body in the field of civil aviation, if this is not contrary to the laws and the interests of the State.
 
Article 32. Designation applied to aircraft 1. Aircraft assigned to the public upon registration and registration markings, which are applied to these aircraft.
In addition to the public and registration markings on aircraft can be signs (symbols, inscriptions, logos).
2. the procedure for applying for State registration and identification and additional marks on aircraft of civil aviation of Turkmenistan is established by the authority in the field of civil aviation and civil aviation aircraft-the notified body in the field of civil aviation.

3. Flights of aircraft without State registration and markings within the airspace of Turkmenistan are not allowed.
 
Article 33. Call number and call sign radio signal aircraft Each aircraft equipped with radio communication means Turkmenistan is assigned in accordance with the established procedure call number and call sign radio signal.
 
Article 34. Restrictions on the right to use aircraft restrictions to the enjoyment of all aircraft on the territory of Turkmenistan, caused by special circumstances are established by acts of the President of Turkmenistan.
 
Article 35. Transfer of rights and responsibilities when renting aircraft 1. Aircraft can be rented (with crew or bareboat) to a foreign operator if there is agreement between the owner of the aircraft and the future operator with the transfer of rights and obligations.
2. The same procedure also applies in cases of lease a foreign aircraft carrier of Turkmenistan.
 
CHAPTER IV. AVIATION PERSONNEL Article 36. Aviation personnel and its composition 1. Aviation personnel are individuals with special training and exercising activities, implementation, promotion and maintenance of flying aircraft.
2. the aviation personnel includes: 1) the crew of the aircraft;
2) faces command and steering, command-and-control flying, observers and instructors ' convoy;
3) persons involved in the Organization and servicing of air traffic;
4) persons involved in organizing and providing flights of aircraft;
5) persons involved in the Organization and maintenance of aircraft;
6) professionals serving air transportation;
7) specialists conducting aviation security;
8) other persons, whose activity is connected with the Organization, implementation, and maintenance of aircraft flight.
3. the procedure for designating persons to aviation civil aviation personnel shall be determined by the notified body in the field of civil aviation and aviation personnel of State Aviation-the notified body in the field of civil aviation.
 
Article 37. Tolerance of aviation personnel to professional activities 1. Individuals participating in the aviation personnel must undergo certification for compliance with the applicable qualification requirements in Turkmenistan on a professional basis.
2. Aeronautical personnel directly associated with the provision and implementation of aircraft flight is permitted for professional careers in aviation in the presence of the certificate (certificate) to conduct such activities and the certificate of conformity to the established requirements for health reasons.
3. The procedure for admission of persons forming part of the aeronautical personnel, to the professional activity of civil aviation is set to the notified body in the field of civil aviation and for State Aviation-the notified body in the field of civil aviation.
 
Article 38. Recognition of certificates of aviation personnel certificates (certificates) of aviation personnel, issued by a foreign State shall be accepted as valid in Turkmenistan on condition that the requirements under which they are given legal force, meet the minimum requirements for State aviation rules Turkmenistan, or exceed them.
 
Article 39. Training, retraining and improvement of professional skill of personnel 1. Training, retraining and advanced training of civil aviation personnel carried out in educational establishments, centres of aviation training, retraining and further education programmes, in other specialized agencies when they have an appropriate certificate, including located in territory of the foreign States and having the certificate recognized in Turkmenistan.
Training, retraining and refresher aviation order of State aviation personnel shall be determined by the notified body in the field of civil aviation.
2. Certification of educational institutions, other specialized agencies, centres for training, retraining and professional development of the personnel of the State and civil aviation shall be made by the competent authorities in the field of State and civil aviation respectively.
3. the administration of airports, aircraft operators and other juridical persons, in training and retraining their staff associated with passenger service, are obliged to provide trained personnel for coordinating the activities of first aid in need of passengers, as well as the assistance and services to passengers with disabilities.  
 
Article 40. 1 aircraft crew. Aircraft crew consists of flight crew (Commander, others flying) and cabin crew (flight attendants and bortoperatorov).

2. The crew of the aircraft, depending on the type, class and destination of the aircraft, as well as the purposes and conditions of its operation is determined by the developer and customer and flight instruments indicated in the operation of the aircraft of each type. The crew of an aircraft can be included and other aviation personnel associated with the operation of the aircraft in the manner specified for ships authorized by the civil aviation authority in the field of civil aviation, for ships of State Aviation-appropriate authority, in whose conduct is an aircraft.
3. The flight of an aircraft with flight crew sub-plenary is not allowed.
 
Article 41. Aircraft commander 1. The Commander of an aircraft may be a person holding a valid certificate (certificate) pilot (pilot), as well as the training and experience needed to manage this type of aircraft and crew management.
2. The Commander of the aircraft, pilot (pilot), which carries out independent management of aircraft, where the crew consists of a pilot (pilot), as well as midshipman (student) summer school, performs independent management of aircraft in accordance with the programme of flight training.
 
Article 42. The right of the aircraft commander 1. Aircraft commander supervises all activities of the crew ensures strict discipline and order on board, adherence to the rules of flights and the operation of the vessel, as well as taking the necessary steps to ensure the safety of those on board the vessel, security and property.
2. the aircraft Commander has the right to: 1) to take a final decision on takeoff, flight and landing of the aircraft, as well as the termination of the flight and return to the point of departure or forced landing. In the event of a clear threat to the safety of flight, as well as in order to save the lives of people, preventing environmental damage Wednesday such a decision can be made with deviation from the flight plan, guidance body air traffic control and flight tasks, with mandatory air traffic control authority report on actions taken and, as far as possible, compliance with the requirements of regulation of flights;
2) within the limits of its competence to give any person on board the aircraft, orders and commands, which are subject to besprekoslovnomu;
3) decide to conduct inspection on the aircraft occupant (s) of hand baggage and baggage, unless there are reasonable grounds to suspect you have it (them) substances and articles, threatening the safety of the flight;
4) take all necessary measures to persons who by their actions pose a direct threat to the safety of the flight and did not obey his orders. Upon arrival of an aircraft on the nearest airfield Commander aircraft may remove such persons from the vessel and, in the case of an act containing elements of crime, pass them on to the relevant authorities;
5) take flight, the final decision on discharge of fuel, dropped baggage, cargo and mail, if this is necessary to ensure the safety of the flight and landing of the aircraft.
3. In the case of a forced landing, the Commander of the aircraft directs the actions of all persons on board the vessel prior to the transfer of their powers to the competent authorities.
 
Chapter v. airfields and AIRPORTS Article 43. Classification of airfields and airports 1. Airfield (heliport)-land or water area, specially equipped for take-off, landing, taxiing and parking and servicing of aircraft.
2. Aerodromes depending on the types of aviation are divided into civil, military airfields and a co-location or shared.
3. Airfield co-location admits civilian or public aviation airfield where aircraft are based, administered by various departments.
4. sharing of Airdrome admits State Aviation airfield, running flight civil aircraft without the right home at this airfield.
5. Co-location or shared use of the airfields by various users of the airspace is carried out in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
6. Airport-complex of buildings designed for receiving and sending of aircraft and air transport service, which has an airfield for this purpose, air terminal, other terrestrial facilities as well as the necessary equipment and staff.
7. at its destination airports are divided into domestic and international.
8. International Airport-dedicated State Airport to receive, issue and maintenance of aircraft operating international flights, and for these purposes the Terminal with paragraphs border, customs, immigration and quarantine controls.
 
Article 44. Construction and reconstruction of airports and airfields, objects of a single system of air traffic management of Turkmenistan 1. Land allocation for construction and renovation of airfields, airports, landing areas and objects of a unified air traffic management system of Turkmenistan is carried out in accordance with the legislation of Turkmenistan.

2. Dimensions of land for airfields and airports shall be established in accordance with the standards defined by the Cabinet of Ministers of Turkmenistan.
3. conducting exploration, design, construction, renovation and relocation of airfields, airports and facilities of the unified air traffic management system of Turkmenistan shall be agreed with the relevant authorities, local executive authorities, bodies of State administration in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
4. Construction and reconstruction of airports and facilities of a unified air traffic management system of Turkmenistan should be carried out with the same calculation to eliminate the harmful effects of aircraft noise emissions of aircraft engines, electromagnetic and other radiation.
5. Design and construction of airports should include the availability of devices necessary for persons with disabilities to ensure access to places of public use, transport and communications, on the basis of their specific needs.
Osnašenie airports must provide for the Organization of the embarkation and disembarkation of passengers with disabilities without compromising their feelings of personal dignity.
 
Article 45. Certification of aerodromes and airports, as well as objects of a unified air traffic management system of Turkmenistan 1. Airfields, airports, used in aviation, are subject to mandatory certification. The procedure for certification of these airfields and airports, their equipment and the equipment list are determined by State aviation regulations.
2. Objects of a unified air traffic management system of Turkmenistan are complexes of buildings, communications, as well as terrestrial objects, tools and air traffic service systems, navigation, landing and communication intended for air traffic. List of Unified air traffic management system of Turkmenistan is determined by State aviation regulations.
3. Requirements for aerodromes and airports, are established by State aviation rules Turkmenistan and are required to comply with all State authorities, as well as legal entities or individuals involved in the design, construction, acceptance, operation and maintenance of these airfields and airports.
4. radio, lighting and meteorological equipment installed at aerodromes, as well as a unified air traffic management system of Turkmenistan shall comply with airworthiness requirements, as confirmed by the relevant certificate of airworthiness.
5. State control for compliance of aerodromes and airports requirements to them, is carried out by the notified body in the field of civil aviation and the notified body in the field of civil aviation respectively.
 
Article 46. State registration of airfields 1. All civil airfields are subject to registration in the State Register of civil aerodromes of Turkmenistan with the issuance of a certificate of registration to the operator.
The order of registration of civil aerodromes is established by the authority in the field of civil aviation.
2. Registration procedures and conditions for the use of aerodromes and airfields of State Aviation co-location or shared use is established by the Cabinet of Ministers of Turkmenistan.
 
Article 47. Admission to the operation of airfields and airports 1. Admission to the operation of airfields and airports used in civil aviation, is carried out by the authorized body in the field of civil aviation, on the basis of the relevant certificates.
2. State Aviation Airfields are allowed to operate in the manner prescribed by the notified body in the field of civil aviation.
3. Civil Aviation aerodrome Operation without a certificate of its registration in the State Register of civil aerodromes of Turkmenistan is not allowed.
4. The operator of an aerodrome certificate holder shall ensure that the aerodrome suitability requirements during the whole period of operation.
5. an aerodrome Operator admits legal or physical person of Turkmenistan, as well as other States which the airfield belongs by right of property under a lease contract or on other grounds provided for by the legislation of Turkmenistan.
6. the validity of civil aviation aerodrome certificate may be suspended or he may be annulled by the notified body which issued the certificate, in case of inconsistency between the civil aviation aerodrome requirements for use or violation of the requirements established by State aviation regulations.
 
Article 48. Construction and placement of objects in the aerodrome area 1. Work on the design, construction and deployment of the aerodrome buildings, communication lines, high-voltage power lines, radio and other objects which may endanger the safety of aircraft operations or interfere with the normal operation of the radio equipment of airfields must be agreed with the owner of the airfield and the notified body which issued the certificate (permission) for the right to operate it.

2. Industrial, civil and housing in areas of air stations should be carried out in such a way as to eliminate the harmful effects of aircraft noise emissions of aircraft engines, electromagnetic and other radiation.
3. Enterprises, institutions, organizations and individuals who breach the rules of construction and other violations at the priaèrodromnoj territory, are obliged on demand of the owner of the aerodrome or the person authorized by him to immediately cease construction or other activities in priaèrodromnoj territory and eliminate violations.
 
Article 49. Public transport links and airport link with settlements 1. Airports must have regular transport links with nearby cities and other settlements.
2. Local executive authorities on their territory ensure, together with interested ministries and departments, construction, reconstruction, improvement and maintenance of access roads to airports, regular passenger transport taking into account the mode of operation of the airport, as well as telephone and other communication means cities and towns with airports.
3. the Organization of transportation airports with settlements in local executive bodies are obliged to provide for the use of vehicles with the necessary equipment and specially designed bedroom places for persons with disabilities.
 
Article 50. Marking of buildings and constructions on the territory of priaèrodromnoj 1. Priaèrodromnaâ area (adjacent to the airfield zone control and counting of objects and obstacles)-area around the airfield, limited size, installed over which the manoeuvring of aircraft.
2. the owners of the buildings and structures located on the territory of the priaèrodromnoj, in order to ensure the safety of flights of aircraft are required to post on these buildings at his own expense night and day marks and devices in accordance with the established rules.
3. airfield area any signs and devices similar to preceding marks and devices taken for identification of Article 51 prohibits airfields. Elimination Elimination is carried out in airfield airfield procedure determined by the Cabinet of Ministers of Turkmenistan.


 

CHAPTER VI. FLIGHTS of AIRCRAFT Article 52. Organization and flight rules 1. An aircraft is considered to be in flight since the beginning of the movement of the vessel at the expense of own power with the purpose of take-off until the moment it stops after landing, as well as when hovering.
2. Flights of aircraft in the airspace of Turkmenistan are carried out in accordance with the rules for flights in the airspace of Turkmenistan.
3. all flights of aircraft registered in the State Register of civil aircraft in Turkmenistan, run under the State flag of Turkmenistan.
4. Organizational arrangements for the flights of aircraft is established by the civil aviation authority in the field of civil aviation and civil aviation aircraft-the notified body in the field of civil aviation.  
 
Article 53. The tolerance of the aircraft to the flight 1. An aircraft that has State and registration or billing marking, snarâžënnoe and located in good condition in accordance with maintenance and technical documentation is allowed to fly when there are: 1) the crew trained and authorized to fly in an aircraft of this type in appropriate conditions of flight;
2) the required amount of fuel;
3) job on the flight;
4) ship and other documents stipulated by the present code and other normative legal acts of Turkmenistan governing aviation.
2. For aircraft performing test flights, the derogation from the requirements in accordance with the rules of production test flights.
 
Article 54. Onboard aircraft documentation 1. Every civil aircraft shall carry on board the following documentation: 1) ship's papers: a) the certificate of State registration;
b) airworthiness certificate (certificate of airworthiness);
ç) onboard and health magazines;
d) on-board radio permit, if the aircraft is equipped with radio equipment;
e) flight manual operation;
ä) certificate (certificate) of the operator (copy);
2) relevant documents for each Member of the crew;
3) documents provided for in the notified body in the field of civil aviation;
4) for international flights-other documents stipulated by the rules of international flights.
2. civil aviation aircraft shall carry on Board documents, the list whereof shall be determined by the notified body in the field of civil aviation.
 
Article 55. Flight manual 1 operation of the aircraft. For each type of aircraft flight manual is being developed by the manufacturer of the operation of the aircraft.
2. operation of the aircraft is performed in accordance with the requirements of the flight operation manual, except in special cases not covered by the guidance of the flight, when in order to ensure the safety of the flight you want to retreat from it.
 
Article 56. Flight ops aircraft
 

1. Flight of an aircraft is preceded by training aircraft, its crew and other aviation personnel, airfields takeoff and landing.
2. Meteorological, aviation engineering, airfield, radioèlektrotehničeskoe, aèronavigacionno-information and other types of flights shall be carried out by the services concerned, in accordance with the standards and regulations that are being developed for civil aviation-the notified body in the field of civil aviation, the civil aviation authority-appropriate authority, in whose conduct is an aircraft.
3. the security of the flights of aircraft directly lies with the operator of aircraft, airports, aerodromes and air traffic service authorities.
 
Article 57. Permit for departure of aircraft departing aircraft permit issued to air traffic service authority in the presence of the claimed flight plan.
 
Article 58. Flights of aircraft 1. The flight of the aircraft is performed in accordance with the plan submitted by the user flying the airspace to the relevant body of the unified air traffic management system of Turkmenistan, if you have permission to use the airspace, with the exception of flight aircraft performed in cases reflect air attack, prevent and stop violations of the State border of Turkmenistan or armed incursions into the territory of Turkmenistan, assistance in emergency situations of natural and man-made disasters Search and evacuation of the aircraft and their passengers and crews, prevent and stop violations of the use of airspace of Turkmenistan, as well as the flight of the aircraft performed in special areas are defined by the Cabinet of Ministers of Turkmenistan.
2. the conditions and procedure for presentation of flight plans shall be established by the regulation on the use of airspace of Turkmenistan.
3. Deviations from the flight plan are allowed with the permission of the air traffic control body, except as provided in article 42 of this code.
4. Flights of aircraft in the airspace of Turkmenistan are operated on routes, local air-lines and established routes.
5. Flights on established routes and in areas outside of air routes and the routes are resolved in consultation with the relevant air traffic control authority.
6. If an aircraft while performing the flight deviated airway or a set itinerary (area or route, agreed with the air traffic control authority), Commander of the aircraft shall immediately report to the air traffic control authority and, guided by his instructions to withdraw aircraft on air flight plan route, flight route identified (area or route, agreed with the air traffic control authority).
 
Article 59. Radio communications when performing flight 1. Between aircraft in flight and air traffic control body must be maintained constant radio contact.
2. For the implementation of two-way radios in civil aviation by the notified body in the field of civil aviation users fixed frequency for aircraft navigation, which are allocated by the international radio regulations.
3. procedure for use of radio communication means on board an aircraft is determined by special regulations.
4. Radio communication in air traffic management system within Turkmenistan is in Turkmen, Russian and English languages.
5. On the loss of the aircraft commander was obliged to go to the execution of the flight by the rules established with the failure of radio communication, and take steps to restore it.
6. The crews of aircraft in the uncontrolled airspace, maintain radio communications among themselves and when emergencies are obliged to transmit information to the nearest air traffic control at emergency channels.
 
Article 60. Photographing, filming and photographing the Earth surface sensing filming and sensing the Earth's surface from the aircraft allowed in the manner prescribed by the notified body in the field of civil aviation.
 
Article 61. Flights over settlements 1. Flights of aircraft over settlements might be the minimum height that eliminates the harmful effects of aircraft on the people surrounding the Wednesday and its inhabitants and to, in case of malfunction of the aircraft, to land outside of these items or on specially provided for this purpose landing sites within settlements, unless otherwise stipulated by normative legal acts of Turkmenistan.
2. minimum flight altitude, unified for all aircraft or separately by type of aircraft, is governed by the regulations on the use of airspace of Turkmenistan.
3. Derogations from this rule are permitted in cases where the location of the runway of the airfield does not allow aircraft to produce the takeoff and landing without passing over the settlement and, if necessary, carry out flights related to search and rescue.

4. Flights of aircraft from supersonic speed must be performed according to the General rules on the heights, precluding adverse impact of sonic boom on the environment Wednesday, or in areas specially designated for supersonic flights.
5. demonstration flights of aircraft over the settlements can be executed with the permissions of the Cabinet of Ministers of Turkmenistan.
 
Article 62. Flight restrictions 1. The authorized body in the sphere of State Aviation, in order to protect the interests of the State, environmental security may limit flights in certain areas.
2. The location of the restriction zones and square flights must be agreed with the authorities of the Unified air traffic management system of Turkmenistan and communicated to users of the airspace of Turkmenistan.
 
Article 63. Assistance to ships and to persons in danger, Commander of the aircraft that made the distress call from another aircraft or ship, or inland vessel or vessel discovered suffering or injured disaster or threatened people, must render assistance in all cases, to the extent possible, if it is not a danger to his ship, passengers and crew, noted on the map of the location of the disaster and announce disaster relief authority air traffic control.
 
Article 64. Aircraft-breaker 1. Aircraft peresekšee the State border of Turkmenistan in violation of the established procedure for the use of airspace of Turkmenistan, admits wrongdoing and aircraft forced to land if you do not abide by the instructions of the authorities responsible for flights.
2. aircraft violator on demand by the competent authorities to ensure the safety of the airspace of Turkmenistan should land in the specified place.
3. authorization for the continued implementation of the flight of the intruder aircraft in the established order is issued by the authority of the unified air traffic management system of Turkmenistan.
 
CHAPTER VII. INTERNATIONAL FLIGHTS Article 65. Implementation of international flights in the airspace of Turkmenistan 1. Under international flight refers to the flight of aircraft crossing of the foreign State.
2. international flights of aircraft in the airspace of Turkmenistan are performed by established routes, if the competent authorities in the field of State and civil aviation of Turkmenistan establishes another order.
3. Departing aircraft of Turkmenistan and foreign aircraft from Turkmenistan, as well as their landing on the territory of Turkmenistan shall be made at the aerodromes open to international flights. To resolve the body Unified air traffic management system of Turkmenistan are allowed different procedure for landing and departure of aircraft.
4. rules for international flights of aircraft, aeronautical information on international air routes, and international airports open to international flights of aircraft, airfields, and other information required for the implementation of international air traffic, are promulgated in the collection of the aeronavigation information of Turkmenistan.
5. Crossing the State border of Turkmenistan is executed by aircraft at the intersection of its international routes or air corridors, dedicated for these purposes, except in special cases, in the manner determined by the regulation on the use of airspace of Turkmenistan.
6. international flights of aircraft in the airspace of Turkmenistan are performed in compliance with the provisions of this code, the requirements of aviation rules State of Turkmenistan and other normative legal acts of Turkmenistan governing aviation.
 
Article 66. International flights of aircraft, Turkmenistan 1. International flights of aircraft in Turkmenistan are based on: 1) of the international treaties to which Turkmenistan is a party;
2) special permission to perform occasional (occasional) flights, issued by the competent authorities of foreign States.
2. Request for regular (non-recurrent) civil aircraft flights in the airspace of a foreign State is carried out by the authorized body in the field of civil aviation and civil aviation aircraft-Ministry of Foreign Affairs of Turkmenistan.
3. a request is made, if complied with all requirements relating to the readiness of the aircraft and its crew to the fulfilment of the relevant flight, and other requirements and rules in force in the territory of Turkmenistan and foreign States or through running.
 
Article 67. Flights of foreign aircraft in the airspace of Turkmenistan 1. Flights of foreign aircraft in the airspace of Turkmenistan are based on: 1) of the international treaties to which Turkmenistan is a party;
2) special permission to perform occasional (occasional) flights, issued by the authority in accordance with the established procedure of the unified air traffic management system of Turkmenistan.
2. The procedure for issuing permits for the irregular (non-recurrent) flights is governed by the regulations on the use of airspace of Turkmenistan.

3. Before the start of international flights in the airspace of Turkmenistan of foreign aircraft operators must inform the authority issuing permission to execute such flights, aircraft markings and the purpose of the execution of the flight.
 
Article 68. Recognition of on-board aircraft documents of foreign States in the territory of Turkmenistan 1. On-Board documents on foreign aircraft are valid on the territory of Turkmenistan if they comply with international civil aviation standards recognized Turkmenistan.
2. civil aviation aircraft of a foreign State when making a landing on the territory of Turkmenistan may be subjected to inspection by staff of the competent authorities in the field of civil aviation, including the verification of all the documentation required for international flights.
3. The authorized body in the field of civil aviation may suspend the flight of foreign aircraft, in the absence of the Board established for international flights or documentation to suggest a malfunction of the aircraft.
 
Article 69. Application of customs and other rules for international flights 1. On all aircraft, their crews and passengers arriving in Turkmenistan, departing and transit, as well as on their property imported and exported from Turkmenistan on aircraft, subject to the relevant customs, sanitary, quarantine and other rules on entry to Turkmenistan and exit, importation and exportation of equipment and transit through the territory of Turkmenistan.
2. the conduct of border, customs, sanitary, quarantine and immigration control is carried out in accordance with the legislation of Turkmenistan.
 
CHAPTER VIII. PREVENTION of unlawful interference with aviation article 70. Aviation security 1. Aviation security-the State security aviation against acts of unlawful interference with aviation.
Aviation security aviation security services is secured airfields or airports, subdivisions of the militarized guard airfields or airports, aviation security services operators (aircraft), as well as by the competent authorities, both the right regulatory legal acts of Turkmenistan.
2. unlawful interference with aviation is a wrongful act (seizure, hijacking, blocking aircraft, aircraft, and other objects), endangering the safe aviation activities, the occurrence of accidents to people, damage to property or promotes the occurrence of such effects.
 
Article 71. Aviation security 1. Aircraft operators, enterprises, institutions, organizations, issuing and servicing of aircraft, in cooperation with the State border service of Turkmenistan, the State Customs Service of Turkmenistan, Ministry of national security of Turkmenistan, Ministry of Internal Affairs of Turkmenistan, the Turkmen Ministry of defence and other authorities are obliged to take measures to protect aviation against acts of unlawful interference with its activities and ensure compliance with security requirements.
2. Such measures include: 1) preventing uncontrolled access by unauthorized persons and transport in a controlled airfield area and the territory of airfield lighting and radio objects ensure flights, as well as sites outside the aerodrome territory;
2) exclude hidden passengers smuggling of weapons, ammunition, explosive, radioactive, toxic, explosive and other dangerous substances and articles prohibited for transport by air;
3) introduction of special precautions when transporting weapons and ammunition for their carriage in luggage in razrâžënnom State isolated from the passenger compartments of aircraft;
4) protection of aircraft on the ramp, excluding the possibility of penetrating aircraft of persons unrelated to their repair, operation or service;
5) special inspection of aircraft;
6) equipping aircraft technical devices, providing secure work crews in flight, as well as to eliminate misuse of aircraft;
7) other specially designed measures against unlawful interference in the activity of aviation.
 
Article 72. Predpolëtnyj inspection 1. Predpolëtnyj inspection is carried out in order to ensure aviation safety and to the extent necessary to identify the substances, materials and products which could be used to commit an act of unlawful interference with aviation, if otherwise not stipulated by normative legal acts of Turkmenistan.
Compulsory predpolëtnomu inspection subject to the aircraft, its on-board supplies, crew members, passengers, baggage, including things that are with passengers as well as cargo and mail.
2. In case of refusal of the passenger from inspection of the carrier shall be entitled to terminate the contract of carriage with the return freight charges, in accordance with the applicable rules of transportations.
3. Inspections may be carried out at the airport or directly on an aircraft.

4. On an aircraft in flight, the inspection may be carried out by the decision of the Commander of an aircraft, irrespective of the consent of the passenger. For the purposes of this article, an aircraft is considered to be in flight from the moment when all its external doors are closed after downloading until the opening of any of these doors for unloading.  
5. Predpolëtnyj screening of passengers, carry-on baggage and baggage, including accessories and vehicles of passengers with disabilities, must be done in ways that do not preclude the dignity of passengers.
 
CHAPTER IX. SEARCH and rescue work, article 73. Aircraft, suffering or injured disaster 1. Recognized in distress an aircraft when he or his people aboard is in immediate danger, or lost radio contact and his whereabouts is unknown.
2. Distress admits aircraft received at take-off, flight, landing or falling serious damage or completely destroyed, as well as aircraft, the perpetrator of the forced landing outside an airport.
3. Suffering or injured distress an aircraft shall be subject to immediate search and rescue in accordance with the rules of carrying out of rescue works.
 
Article 74. Equipment of the aircraft and crew training in case of disasters 1. Aircraft must be equipped with airborne rescue means, a list of which depending on the type of aircraft and the flight is determined for civil aircraft-the notified body in the field of civil aviation, the civil aviation authority-the notified body in the field of civil aviation.
2. All members of the crew of the aircraft are required to undergo special training in rescue training and assist passengers during the occurrence on board the aircraft emergency in different physiographic and climatic conditions, and passengers must be instructed by the crew of the actions in this situation and the individual terms of use and airborne rescue means.
 
Article 75. Actions of the crew of the aircraft positions or the victim distress 1. The crew of the aircraft, or allow the victim distress shall apply whenever possible the appropriate distress signal in the manner prescribed by the rules for flights in the airspace of Turkmenistan to inform air traffic control authority of the nature of the disaster and to take all possible measures for the preservation of life and health of those on board passengers, property as well as the aircraft prior to the transfer of their powers to the competent authorities.
2. the Commander of the aircraft, or allow the victim distress, directs the actions of persons or aboard the ship, before transferring his powers to the competent authorities.
 
Article 76. Distress signals 1. For timely detection of aircraft or vessels in distress, and providing assistance to the crews and passengers, establishes uniform international emergency distress, urgency and danger warnings.
2. When international flights is duplicated on the international distress frequency that is allocated for the filing of these signals.
 
Article 77. Notification of aircraft in distress 1. Enterprises, institutions and organizations with a means of communication shall provide them for immediate passage of information about aircraft, suffering or distress.
2. Citizens should immediately report to their aircraft disasters to local authorities or the closest institutions, enterprises and organizations, which in turn shall immediately transmit this information to the aviation search and rescue service of Turkmenistan.
 
Article 78. Search and rescue vessels or aircraft in distress, their passengers and crew. Perform rescue 1. Organization of search and rescue aircraft, or vessels in distress, their passengers and crew conducts Aircraft search and rescue service of Turkmenistan.
2. Work on search and rescue aircraft of any State, or persons in distress, their passengers and crew, the location of the search-and-rescue capabilities, their care and maintenance during these works are performed free of charge.
3. aviation search and rescue service of Turkmenistan cooperates with rescue authorities of other States under international treaties, coordinates its work with relevant government authorities responsible for search and rescue and emergency work, and also has the right to attract and use the capabilities of the ministries, departments, enterprises, organizations, institutions and citizens in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
4. Local executive bodies, enterprises, institutions and organizations on whose territory an aircraft in distress shall be obliged to provide all possible assistance in the conduct of search and rescue aircraft and until the arrival of search and rescue services to take urgent measures to save people, to provide them with medical and other assistance, the protection of aircraft and on Board documentation, equipment and supplies, secure the scene.

5. evacuation of the aircraft, their passengers and crew from the place of disasters is carried out by the operator of an aircraft.
6. assistance to foreign aircraft, suffering or distress, their passengers and crews is carried out on an equal footing with aircraft of Turkmenistan, their passengers and crew.
7. To provide the necessary assistance to foreign aircraft, suffering or distress, to the territory of Turkmenistan may be permitted: 1) search-and-rescue capabilities of other States;
2) owners and operators of aircraft;
3), the representatives of public authority which registered aircraft, suffering or injured disaster. The procedure for such admission established by the Cabinet of Ministers of Turkmenistan.
 
Article 79. The termination of the search of the aircraft, its passengers and crew 1. The decision to terminate the search victim distress aircraft registered in Turkmenistan, shall be made by the head of Turkmenistan's State Commission for emergency situations, when taken to seek measures using all technical means had failed and there was no real hope to rescue survivors.
2. The decision to discontinue the search within Turkmenistan foreign aircraft, passengers and crew, was adopted by the Cabinet of Ministers of Turkmenistan.
3. aircraft that officially discontinued, is considered to be missing, if not set the location of the ship or its wreckage.
 
Article 80. Search and rescue outside the territory of Turkmenistan, search and rescue aircraft of Turkmenistan, their passengers and crew, or persons in distress outside Turkmenistan, organized and implemented on the basis of international treaties to which Turkmenistan is the corresponding foreign State.
 
Chapter x. FLIGHT SAFETY and the investigation of AVIATION ACCIDENTS Article 81. Ensuring the safety of flights of aircraft 1. Legal and natural persons engaged in the development, production, operation, maintenance and repair of aircraft, airspace organization Turkmenistan, air traffic services and flight control, as well as other works related to activities in the field of aviation, are obliged to take measures to ensure the safety of aircraft and aviation accidents prevention.
2. Specially authorized bodies in the field of civil aviation and authorized authorities, having in his sub-unit of the State aviation safety analysis of flying aircraft and developing preventive measures for the prevention of aviation with aircraft in civil aviation and civil aviation respectively.
 
Article 82. Accident or incident 1. Aviation accident recognised event associated with the use of an aircraft which takes place from the moment when a person rises at its aircraft with the intention of flight until such time as all aboard his left, or from the time when the unmanned aircraft is ready with stronut′sâ to make a flight until a full stop at the end of the flight and turn off the main power plant in the course of which: 1), a person gets a fatal injury or serious bodily injury as a result of: (a)) finding on this aircraft;
b) direct contact with any part of the aircraft, including parts, seceded from the aircraft;
ç) direct effects of Jet gases Jet engine, except when the injuries are the result of natural causes, marked itself or caused by other persons, or when the injury was caused stowaways hiding outside the areas where normally accessible to passengers and crew members;  
2) aircraft takes damage or destruction occurs to its structure, resulting in: a) broken structural strength, deteriorating technical or flight characteristics of the aircraft;  
(b)) requires a major refurbishment;
3) aircraft disappear without trace or is in a location where access is absolutely not possible.
2. If as a result of the events of these consequences ensue, but can occur in other circumstances, it admits the incident.
 
Article 83. Aviation alert event aviation officials, who first became aware of aviation event must immediately using available means of communication to notify incident to the authority responsible for the management of the civil service or State Aviation and aircraft operator, as well as other public authorities.
 
Article 84. Organization and conduct of the investigation 1. Each aviation event subject to mandatory investigation.
2. the objectives of the investigation of aviation events are the determination of the causes of aviation events and taking measures to prevent them in the future.

3. the investigation carried out in accordance with the requirements of the normative acts to investigate aviation accidents with aircraft, is independent of judicial or administrative proceedings aimed at establishing any guilt or responsibility.
4. Investigation of aviation events enables the collection and analysis of information on aviation event, establishing its causes, prepare opinions stating the reasons and the elaboration of recommendations to prevent them in the future.
5. Investigation, classification and integration of aviation with aircraft manufactured by independent authorized bodies entrusted with these powers in the civil or public Aviation respectively.
6. the procedure for organizing and conducting investigations of aviation events determined by normative acts to investigate aviation accidents with aircraft for civil and State Aviation respectively.
7. the Chairman of the Commission for the investigation of aviation events must coordinate with pre-trial investigation authorities, all actions with the character of criminal procedure.
8. Local executive bodies, enterprises, institutions, organizations and citizens are required to fully contribute to the work of the commissions to investigate aviation accidents.
 
Article 85. The Commission's powers to investigate aviation events 1. Investigation of aviation events carried out by the Commission.
Investigation of aviation events associated with numerous victims or povlëkšego serious consequences, shall be carried out by the State Commission, created by the Cabinet of Ministers of Turkmenistan.
Commission of inquiry on aviation developments during the operation and specific list established by legal acts to investigate aviation accidents with aircraft, may be appointed by the heads of the structural units of the State or the civil aviation authority in agreement with the specially authorized bodies to investigate aviation accidents in public or civil aviation respectively.
2. the Commission of inquiry on aviation event has the right to: 1) pass to board an aircraft disaster victim to ascertain the circumstances of the aviation events;
2) examine the injured disaster aircraft, their parts, equipment aboard aircraft disaster victim or vovlečënnoe in aviation event from the outside, irrespective of the property, as well as tools and objects provide flights of aircraft;
3) charging in the prescribed manner to businesses and individuals to conduct research and work related to the investigation of aviation events and require knowledge in relevant fields of science and technology;
4) interview eyewitnesses aviation events, persons who are or may be relevant to aviation event, receive the necessary information from law enforcement agencies;
5) examine all issues related to the development, testing, production, maintenance and repair of the injured disaster aircraft, training of aviation personnel, air traffic, perform and provide flights of aircraft;
6) to request and receive from the relevant bodies of executive power, as well as from legal and physical persons the documents and materials on issues related to the aviation event;
7) conduct studies of Psychophysiological State of crew members injured disaster aircraft, as well as the corresponding number of aviation personnel.
3. the members of the Commission of inquiry on aviation events and attracted to investigate aviation events person on presentation of travel or other identity documents confirming their participation in the work of the Commission of inquiry on aviation events, have the right to the extraordinary purchase of travel when travelling to the place of aviation events or moving in to investigate.
 
Article 86. Work on the site of aviation events 1. Investigation on the site of aviation events, belongs to the category of work in special conditions, similar to the Elimination of natural and man-caused emergencies.
2. The experts working on the site of aviation events must be provided with special clothing, footwear, equipment and protective equipment on the basis of the specific conditions of work.
3. Local executive authority, command the military units are required to support the Commission of inquiry on aviation events assist in the protection of places of aviation events, finding parts and wreckage of the aircraft, the victim distress, providing transportation, communication facilities, facilities for work and relaxation, nutrition, special clothing, footwear, equipment, protective equipment, as well as the means to perform lifting, cargo operations, sanitizing areas and other environmental measures.
4. the participants in the event of accident subject to compulsory State insurance.
 
Article 87. Preservation of materials related to aviation event
 

1. members of the crew of the aircraft, which happened aviation event, legal entities and natural persons, bodies of local authorities on whose territory the aviation event has occurred, prior to the arrival of the Commission of inquiry on aviation events are obliged to take the necessary measures to ensure the safety of the aircraft, its parts and wreckage, on-board and ground means of objective control, items on board or involved in aviation event outside as well as documentation relating to the development, testing, production, repair and maintenance of the aircraft and ensure its flight.
2. If the injured distress an aircraft or a part thereof to impede the movement of railway, road, waterway or flying aircraft, head of rescue operations must adopt measures on the movement of the aircraft (part of it) with the goal of restoring traffic or flights, preliminary having fixed location, and general condition of the vessel (part of it).
3. Natural and legal persons guilty of wilful concealment of aviation events, information about the distortion of information, damage or destruction of airborne or ground-based objective control and other aviation-related event materials, shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 88. The investigation of aviation accidents with civil aircraft of foreign States Investigating aviation accidents with aircraft of foreign States in the territory of Turkmenistan shall be in accordance with the regulations to investigate aviation accidents with aircraft.
 
Article 89. Funding and costs associated with the investigation of aviation accidents 1. All costs associated with the investigation carried out at the place of aviation events are financed by the operator of an aircraft with which it happened aviation event.
2. Costs related to the scientific research and design institutions, organizations and enterprises of aviation industry research and testing to investigate aviation events are financed by the operator of an aircraft with which it happened aviation event.
 
CHAPTER XI. AIR TRANSPORT Article 90. Aviation Enterprise and operator



 

1. For the purposes of this code, the aviation company is understood to be a legal entity, irrespective of its legal form and ownership that has the main objectives of its activities, the implementation of a fee for air transport of passengers, baggage, cargo, mail or executing aerial works.
2. The operator-the physical or legal person possessing aircraft ownership, lease or on other lawful grounds, using specified aircraft for the flights and has the certificate (certificate) of the operator and licence for the appropriate activity.
Operator requirements are determined by State aviation regulations.
 
Article 91. Domestic and international air transportation 1. Under air transport refers to the carriage of persons, baggage, cargo or mail carried out in return for payment or free of charge by means of an aircraft.
2. Internal air transport refers to transport, where the points of departure, destination and all items stops are located on the territory of Turkmenistan.
3. Under international air transport refers to transport where the place of departure and place of destination are situated within the territories of two States, or on the territory of the same State, if stopping is provided on the territory of another State.
4. The carrier is recognized as a legal entity or a natural person licensed to perform the respective type of air transportation and aircraft operator rights.
 
Article 92. Implementation of air transport 1. Air operations are performed under the contract. Every contract of carriage and its terms certified by a document issued by the carrier or the authorized bodies or entities (agents).
Documents of carriage are: 1) ticket-for the transportation of passengers;
2) baggage check or baggage tag-on checked baggage allowance of the passenger;
3) airborne transportation document (air waybill)-for cargo transportation;
4) postal consignment note-for the transportation of mail.
2. Forms of documents of transport and the rules for their application shall be established by the notified body in the field of civil aviation, taking into account the provisions of international treaties to which Turkmenistan is a.
3. the procedures for the transportation of mail and postal consignment note form are installed by an authorized body in the field of civil aviation, in collaboration with the Ministry of communication of Turkmenistan.
4. the carrier and operator services when performing air transport obligated to comply with the rules for air transport of passengers, baggage, cargo and mail, set for international and domestic transport (hereinafter referred to as rules of domestic and international transport).
5. international carriage of passengers, baggage, cargo and mail can also be carried out on foreign aircraft.
 
Article 93. Obligations of the parties under the contract of carriage
 

1. the carrier under the contract of carriage the passenger and luggage undertakes to carry the passenger and his luggage safely at your destination, giving him a seat on the aircraft, a flight that is specified in the ticket, (a) in the case of putting the passenger baggage-baggage also deliver to destination and issue a passenger or a person authorized to receive it.
Baggage delivery time is determined by the rules of domestic and international transport.
2. The passenger is obliged to pay under a contract of carriage cost of carriage according to the established rate, and in the presence of excess baggage, the carrier is installed, the cost of excess baggage.
3. the carrier under the contract of carriage, undertakes to deliver the mandate entrusted to it by the sender of the shipment or the mail safely at your destination and issue a recipient or an authorized person to them.
The term of delivery shall be determined by the rules of domestic and international transport, and mail delivery-interdepartmental agreements.
4. The consignor according to the contract of carriage shall pay for the transportation of freight or mail according to the established rate.
 
Article 94. Charter transportation 1. Charter transportation-irregular air transport carried out on aircraft chartering contract under which one party (the freighter) undertakes to grant to the other party (charterer) for pay part or all of the capacity of one or more aircraft at one or more flights for the carriage of passengers, baggage, cargo and mail or other purposes not contrary to the legislation of Turkmenistan.
2. Freighters are aircraft operators.
3. For Charter transportation Treaty may set rates, unless otherwise stipulated by normative legal acts of Turkmenistan.
 
Article 95. Activities of foreign carriers in the territory of Turkmenistan 1. Foreign carriers operate on the territory of Turkmenistan in accordance with the legislation of Turkmenistan, the international treaty to which Turkmenistan and the foreign State.
2. The right of the operator in respect of foreign carriers are recognized based on documents issued by the competent authority of the corresponding foreign State and meets the requirements of international treaties to which Turkmenistan is a.
3. foreign carriers can open representative offices on the territory of Turkmenistan in accordance with the legislation of Turkmenistan.
 
Article 96. Services and benefits provided to the passenger 1. The carrier, as well as other authorized legal entities or natural persons are obliged to organize service for passengers of aircraft and provide them with accurate and timely information about the movement of aircraft and services provided, including, and in a form which is accessible to passengers with disabilities.
2. the passenger shall be entitled: 1) travel on concessionary terms in accordance with the legislation of Turkmenistan;
2) carry free of charge within the established norms of baggage and carry-on luggage;
3) carry with them free of charge or on preferential terms (depending on age) children;
4) benefit from the free services provided by carrier lounges, mother and child, premises for persons with disabilities, as well as a place in the hotel in case of interruption of air travel due to the fault of the carrier or the forced delay of departure of the aircraft.
3. Pascažiram with a disability have the right: 1) extraordinary purchase tickets at the ticket agencies and airports;
2) priority service at airports and on board aircraft;
3) easily use especially bedroom doors and means of individual movement within airports;
4) free of personal vehicles or other assistive devices.
4. Restrooms, mother and child rooms for persons with disabilities provided by carrier at airports should be accessible and be understandable notation.
5. The list of services, benefits and the manner of their provision is set forth by rules of domestic and international transport.
 
Article 97. Air transport tariffs and fees for services related to the carriage 1. Tariffs for air transport of passengers, baggage, cargo and mail, performed on international lines, and fees for services related to the carriage, as well as the rules of application of tariffs and fees are established by the carriers of Turkmenistan of nongovernmental form of property alone.
2. Fees and charges referred to in paragraph 1 of this article, as well as the rules of transportation, ticket sales, clearance air transportation documents for carriers of Turkmenistan with the State form of ownership shall be established by the notified body in the field of civil aviation. When this fare application rules and fees are established by the carriers themselves.
3. Tariffs for air transport of passengers, baggage, cargo and mail, performed on domestic routes, and fees for services related to the carriage, are established by the Cabinet of Ministers of Turkmenistan, and all carriers shall apply regardless of the form of ownership.

Rules for the application of tariffs and fees on domestic routes, as well as ticket sales, clearance air transportation documents shall be established by the notified body in the field of civil aviation and all carriers shall apply regardless of the form of ownership.
4. Fares and charges for airports, communications, air navigation shall be established by the notified body in the field of civil aviation and shall apply to all carriers and airports regardless of their form of ownership.
 (As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 98. Reservations on the transport aircraft 1. Enterprises, institutions, organizations and citizens can place in advance on the aircraft. Subject to availability, the carrier is obliged to accept and perform the order.
2. when enterprises, institutions, organizations and citizens on the reservation for a flight from an airport stopover or from any other airport, including and in the opposite direction, the carrier availability must take steps to booking seats.
3. Ordering and booking seats on aircraft is set forth by rules of domestic and international transport.
 
Article 99. Special conditions of carriage Order transportation of arms, ammunition, explosive, radioactive, toxic, explosive and other dangerous substances, materials and articles shall be determined in accordance with the legislation of Turkmenistan, State aviation rules Turkmenistan, as well as international treaties to which Turkmenistan is a party.
 
Article 100. Termination of the contract of carriage on the initiative of the carrier 1. The carrier may unilaterally terminate the contract of carriage of the passenger or cargo in the following cases: 1) violation of the passenger, consignor, shipper passport, customs, sanitary, quarantine and other established by normative legal acts of Turkmenistan claims in relation to air transport international air transport-the rules determined by the relevant authorities of the State of departure, destination or transit;
2) denying passenger, cargo, the shipper to comply with requirements to them the rules of domestic and international transport;
3) if the health condition of a passenger aircraft or a passenger with a disability requires special conditions of carriage or threatens the safety of the passenger or to other persons, as confirmed by medical documents, as well as creates disorder and unavoidable inconvenience to other persons;
4) denying passenger aircraft to pay a charge for carriage of baggage, the weight of which exceeds the free baggage allowance;
5) denying passenger aircraft to pay transport next to him;
6) violation of aircraft passenger rules of conduct on board the aircraft, endangering the safety of aircraft flight or danger to the life or health of other persons, as well as the failure of passenger aircraft orders aircraft commander lodged in accordance with article 42 of this code;
7) availability in things, in passenger as well as cargo baggage for air transportation of prohibited objects or substances.
2. In the event of a termination at the initiative of the carrier contract validity carriage of the passenger or cargo to the passenger carrier, shipper returns the sum paid for air carriage, except in the case provided for in paragraph 6 of the first paragraph of this article. In the case provided for in paragraph 6 of the first paragraph of this article, paid for the amount of air transportation passenger aircraft will not be refunded.
3. In case of refusal of carriage of passengers, referred to in paragraph 3 of the first paragraph of this article, the carrier must provide passengers or accompanying persons full and clear explanation of the reason for the refusal.
 
Article 101. Termination of the contract of carriage on the initiative of the passenger, the passenger has the right to refuse carriage at any time, except in cases where the passenger is on board an aircraft in flight, and depending on the time of renunciation of flight before or after departure of aircraft, to get the whole paid amount or a part thereof in the manner prescribed by the rules of domestic and international transport.
 
Article 102. Nonresponse and the late reception of the goods by the recipient 1. The carrier is obliged to notify the consignee of the arrival of the goods within the time limits specified in the rules of domestic and international transportation, unless otherwise provided by the contract of carriage by air cargo.
2. If the recipient is not claimed the goods arrived within the period prescribed by the rules of domestic and international transport, or abandoned it, the carrier shall be entitled to, notifying the sender, leave the goods in storage at the expense and at the risk of the sender. The goods are not received within the time specified in the rules of domestic and international transport is considered unclaimed and is implemented in the order established by the Cabinet of Ministers of Turkmenistan.
3. Storage of goods subject to customs control and disposition are performed in the order stipulated by the customs legislation of Turkmenistan.

4. the carrier has the right to sell the goods in the prescribed manner, without waiting for the decision of the sender if the delay in the implementation of the goods may cause deterioration or total inability to use it for other purposes. This cargo carrier is obliged to notify the sender and recipient.
 
Article 103. Information and advertising to ensure transport carrier must publish and bring to the attention of the population of routes and schedules, passenger, cargo and postal rates, conditions for the provision of services on the ground and aboard aircraft.
 
CHAPTER XII. PRODUCTION of AVIATION WORKS Article 104. Aerial work 1. Under the aviation work refers to work performed by specialized fee-based air assets for individual legal and natural persons, including for use in agriculture, research, health and environmental activities, maintenance, medical assistance to the population, the Elimination of consequences of accidents, natural disasters and other catastrophes.
2. aircraft are aircraft operators licensed to them, on the basis of contracts with customers, or occasional applications of legal and natural persons.
3. procedures for the licensing of aviation works is established by the authority in the field of civil aviation.
4. Local executive bodies shall have the right to impose restrictions on the execution of aviation works taking into account the environmental situation or special treatment while in the territory of vehicles and people.
 


Article 105. Contract for the execution of aviation works



 

1. Under the Treaty on the execution of aviation works contractor (operator) undertakes to perform aerial work for the customer in the order, in time, to the extent and under the conditions provided for by the Treaty. The customer undertakes to provide the Treaty amount of aviation works within established deadlines and pay them.
2. a contract to perform aerial work must also be provided for: 1) how to use and maintain the operating condition of airfields, landing sites and their equipment;
2) ensuring the safety of the aircraft and to create the necessary living conditions for the rest of the crew;
3) other conditions ensure compliance with aviation works on the basis of their characteristics.
 
Article 106. Tariffs for aerial work Operator and the customer when concluding the contract for aerial work has the right to establish the contractual rates. The authorized body in the field of civil aviation can set tariffs and to develop rules for their application to certain types of aerial work.
 
Article 107. Performing aerial works foreign aircraft operators 1. Aerial work in the territory of Turkmenistan may run foreign aircraft operators if there are licenses to perform various types of aerial work, issued by the notified body in the field of civil aviation, in accordance with the legislation of Turkmenistan.
2. On foreign aircraft operators subject to the relevant provisions of this code, the rules of production of aviation works on the territory of Turkmenistan.
 
Article 108. Execution of aviation works aircraft operators of Turkmenistan on the territory of a foreign State 1. Aerial work in the territory of a foreign State may be carried out by aircraft operators of Turkmenistan on the contract and the licence issued by the appropriate authority of a foreign State to perform various types of aerial work.
2. The Turkmen aircraft operators referred to in paragraph 1 of this article, apply the relevant legislation of a foreign State.
 
CHAP. XIII. OBLIGATIONS of OPERATORS in the IMPLEMENTATION of activities related to the use of aviation article 109. Provision of aeronautical personnel 1. Aircraft operators, departments with sub-unit of State Aviation, in the performance of their duties, the crew must ensure that: 1) for safe conditions of work;
2) health activities;
3) qualified medical assistance;
4) meals while on an aircraft crew in reserve and on duty;
5) room for rest, appropriate sanitary-hygienic norms when placed in reserve and on duty;
6) free travel for departure (arrival).
2. Civil Aviation Workers and members of their families, and retirees-former employees of the Civil Aviation of Turkmenistan are provided with subsidized travel in air transport, depending on the length of service in the manner determined by the uponomočennym authority in the field of civil aviation.
 
Article 110. Insurance of aircraft and aviation personnel in civil aviation 1. Aircraft operators must insure aviation personnel, aircraft registered in the State Register of civil aircraft of Turkmenistan, its liability for damages caused to passengers, baggage, mail and cargo accepted for carriage, and when performing aerial works, as well as to third parties.

2. the limits of liability for damages on the territory of Turkmenistan shall be established by the legislation of Turkmenistan and international transport are determined by international standards.
 
Article 111. Aviation insurance jobs customer is obligated to insure their workers from among the persons related to the technological process while performing aerial works and persons transported on preliminary applications without purchasing tickets.
 
CHAPTER XIV. RESPONSIBILITY for activities associated with the use of aviation article 112. Responsible for causing harm to crew members of aircraft, aircraft operators, departments, with their sub-unit of the State Aviation Authority, are responsible for causing the injury or death of aircraft crew members in the performance of their duties during the flight of the aircraft in the manner and amount established by the legislation of Turkmenistan.
 
Article 113. Liability for injury to third parties 1. Aircraft operators, departments, with their sub-unit of the State Aviation Authority, are responsible for causing the injury or death of third persons, as well as harm to their property on the territory of Turkmenistan by an aircraft in flight, or object falling therefrom, if not to prove that harm was caused due to the intent of the victim.
2. For damage caused to third persons in the territory of a foreign State aircraft of Turkmenistan and foreign aircraft on the territory of Turkmenistan, aircraft operators, departments, with their sub-unit of the State Aviation Authority, responsibility and within the limits laid down in the relevant international treaties to which the Turkmenistan and the foreign State.
 
Article 114. Responsibility for the seizure, hijacking or blocking an aircraft or aeronautical facility Takeover theft or blocking of aircraft, as well as taking possession of or blocking object of the aviation, transportation, engineering and other communications to them implies responsibility stipulated by the legislation of Turkmenistan.
 
Article 115. Liability for damage caused by the collision of aircraft 1. In the event of a collision of two or more aircraft, as well as causing damage to the aircraft to the other ship, albeit without collision, liability of aircraft owners to each other is determined by the following provisions: 1) harm caused through the fault of one party shall be compensated in full by that party;
2) if damage adversely through the fault of the two (or more) parties, the responsibility of each of them shall be determined in proportion to the degree of guilt. If it is not possible to establish the degree of guilt of each of the parties responsibility evenly.
2. In the absence of fault of the parties in the infliction of harm on, none of them has the right to demand compensation from the other party.
3. None of the parties participating in aircraft collision, not assumed guilty until proven otherwise.
4. Property liability for harm caused to life or health of the occupants of the aircraft, as well as for any damage caused to the property of third parties on the aircraft or aircraft company has scaled back the carrier, which in accordance with the provisions of this code has the right of recourse (regression) to the other party (parties), the fault of which harmed.
 
Article 116. Responsibility for the false report on the preparation of an act of unlawful interference with aviation a false message on the preparation of an act of unlawful interference with aviation, irrespective of the form of its implementation envisage responsibility stipulated by the legislation of Turkmenistan.
 
Article 117. Responsibility for failure to comply with the security control Violation, as well as the failure to execute or insufficient execution of requirements of the State rules, regulations and procedures for the registration and inspection to ensure the safety of passengers, relating to the delivery of reception, storage and transportation of carry-on baggage on the aircraft, baggage, cargo, mail, and catering, entail liability under the legislation of Turkmenistan.
 
Article 118. Carrier's liability for damage to life or health of the passenger 1. The carrier is responsible for causing harm to the life or health of a passenger, if the damage came on board the aircraft or during embarking or disembarking passengers.
2. If the carrier proves that the gross negligence of the victim was the cause or increase damage, the size of the compensation in accordance with the legislation of Turkmenistan may be reduced, or reimbursement may be denied.
3. In a case where harm to the life or health of the passenger was a consequence of the impact of an irresistible force or action of the passenger, the carrier does not assume any liability.
 
Article 119. Carrier's liability for loss, shortage and damage of baggage or goods
 

1. the carrier is liable for loss, shortage and damage to baggage or cargo from the moment of their acceptance for carriage and delivery to the recipient or to transfer them in accordance with the rules of another person (s), unless he proves that he had taken all the necessary measures to prevent the damage or that it was impossible to take such measures.
2. the carrier shall be responsible for the safety of the passenger in things, if it is proved that the loss or damage to these things happened through the fault of the carrier.
3. Damage caused during the carriage of baggage or goods, the carrier shall be compensated in the following cases: 1) the loss or lack of baggage or cargo-amount of value lost or missing baggage or cargo, but not exceeding the limit laid down by the rules of domestic and international transport;
2) damage to baggage or cargo-amount on which dropped its price, and in case of impossibility of recovering the damaged baggage or cargo-amount of its value;
3) loss of baggage or goods delivered for carriage with the announcement of its value, in the amount of the declared value of baggage or goods or, if the carrier proves that the declared value exceeds the actual value of baggage or goods, in the amount of the actual value.   
4. the carrier shall take all necessary measures for the safety of funds of individual movement or other assistive devices, taken to the carriage of passengers with disabilities, and in case of loss or breakage of these funds in order to provide for the movement of these passengers.
 
Article 120. The carrier's liability for delay in delivery of a passenger's baggage or goods for late delivery of passengers, baggage or cargo to the destination carrier liability in amount established by the rules of domestic and international transport, unless he proves that the failure occurred due to force majeure, the malfunction of an aircraft threatening the life or health of the occupants of the aircraft, or any other circumstances beyond the control of the carrier.
 
Article 121. The liability of the carrier for loss, damage and delay in delivery, the carrier shall bear the material (the estate) before authorities regard for loss, damage or delay in delivery due to the fault of the carrier within the responsibility of communication before senders or addressees in accordance with postal regulations and standards of the Universal Postal Union.
 
Article 122. Sender's responsibility 1. The sender is liable for damage caused by the carrier or another person any other person as a result of incorrectness, inaccuracy or incompleteness of data information and announcements concerning the goods entering into the document of carriage.
2. air transport is the identity of the conclusion of the contract the goods and conditions of carriage.
 
Article 123. The identity of the circumstances giving rise to liability 1. Circumstances that may constitute grounds for liability of the carrier, passengers, consignors and consignees, certified commercial Act.
2. The commercial certificate shall be drawn up in the issuance of cargo, luggage or mail for identity of the following circumstances: 1) naming mismatch of weight (mass) or the number of cargo and mail in kind the conveyance document;
2) damage;
3) the loss of or damage to baggage;
4) shortage or damage mail;
5) detection of cargo, luggage or mail without documents, as well as documents without cargo, baggage or mail.
3. order of the commercial Act and order verify the circumstances that do not require compilation of commercial Act, establishes rules of domestic and international transport.
 
Article 124. Exemption from liability for non-performance of the contract of carriage 1. The sender shall be exempt from liability for failure to transport cargo or mail, if this occurs due to force majeure. Mail transportation rules may provide for additional grounds for release from liability for the failure to the sender of mail to be transported.
2. the carrier is exempt from liability for failure to conveyances, if this occurs due to force majeure, as well as the impossibility of aircraft flight due to adverse weather conditions.
 
Article 125. The right to appeal the decision of any legal or natural person has the right to appeal against the decision, act or omission of any civil servant or other public or civil aviation of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER XV. CLAIMS and claims Article 126. Claims 1. The claim is tendered to the carrier or his agent at the airport of departure or destination, at the discretion of the bearer of the claim.
2. Claims relating to multimodal transport shall be presented: 1) to Aviation Enterprise, if the destination is airport transportation;
2) appropriate transport organization, if the destination transport is the train station, sea or river port (Marina).
 
Article 127. Persons entitled to claim and claim 1. The right to claim and the claim to the carrier are: 1) the passenger or his authorized representative:

a) in the case of termination of the contract of carriage on the initiative of the carrier;
(b) in case of delay in delivery), shortage, damage or loss of luggage upon presentation of tickets, baggage receipt (baggage tag) and the commercial act;
2) recipient or sender, in the case of loss: a) the recipient is subject to the submission of commercial invoice, issued by the carrier to the sender, with a flag in her on non-arrival of the airport of destination of the cargo, and in case of impossibility of such invoice document on payment of the value of the goods and the carrier's help on sending goods marked with the destination airport on non-arrival of the goods;
b) sender-provided he issued commercial invoice;
3) recipient: (a)) in case of shortage or damage to the goods subject to the submission of the consignment note, en route with cargo and commercial act;
b) in case of delay in delivery of the goods with the proviso that consignment en route with the load;
4) enterprise communication: a) in case of delay, shortage, damage or loss of mail.
2. Lack of commercial Act does not deprive the right to claim, if the refusal of a carrier in its drafting has been appealed by the sender or recipient.
 
Article 128. Timing of claims at inland transport 1. Claim to the carrier in inland transport may be commenced within six months.
2. the term "claim is calculated: 1) with respect to claims for the loss of, or damage to, baggage, cargo or mail, as well as for delay in delivery-from the date of issue;
2) with respect to claims for loss of cargo at the expiration of 10 days from the date of expiration of the delivery;
3) with respect to claims for loss of baggage or mail-from the moment of expiration of delivery;
4) in all other cases, from the date of occurrence of circumstances giving rise to the claim.
3. The carrier shall be entitled to take into consideration the claim beyond the claim dates if there is good reason for the lapse of claiming.
 
Article 129. Timing of claims in international transport 1. Baggage claim, without objection, consignee means, that they are delivered in good condition and in accordance with the transportation document, unless proven otherwise.
2. In the case of damage to baggage or cargo, the person entitled to receive it, shall present a written claim to the carrier of damage, but not later than seven days from the date of receipt of the baggage and fourteen days from the date of receipt of the goods. In case of late arrival on the dates specified claim must be presented no later than twenty-one days from the date of the transfer of baggage or goods at the disposal of the recipient.
 
Article 130. Terms of consideration of claims 1. The carrier shall review the claim and notify the bearer claims on approval or reject it within three months.
2. The timing of the consideration of claims on multimodal transport accounted for six months and claims for payment of the fine is forty five days.
 
Article 131. Prescription and jurisdiction 1. A claim to the carrier could be brought within three years, while international air transport within two years from the date of arrival of the aircraft at the destination or from the date on which the aircraft would arrive, or from the date of termination of the carriage.
2. liability Lawsuit may be brought at the option of the plaintiff in the Court at the location of the carrier or of its parent company, the place where the carrier is the Agency through which concluded the contract of carriage, or in the Court of the place of destination transportation.
3. In the absence of a written claim within the prescribed time-limits, a claim to the carrier may not be instituted, except claims for bodily injury to passengers.
 
CHAPTER XVI. FINAL PROVISIONS Article 132. Responsibility for violation of legislation of Turkmenistan in the field of aviation airspace management and legal and physical persons guilty of violation of the legislation of Turkmenistan in the area of airspace management and aviation, bear responsibility stipulated by the legislation of Turkmenistan.
 


Article 133. The procedure for the application of the provisions of this code



 

1. the provisions of this code shall apply to civil legal relationships arisen after its launch.
2. In civil legal relationships arising prior to promulgation of this code, the provisions of this code shall apply to the rights and obligations that arose after its launch.
3. articles 128, 129 and 130 of the present Code, terms of claims apply to those claims, the timing of the presentation which provided for in the previous legislation, not expired at the time of promulgation of the present code.