The Civil Aviation Committee and the Aviation Administration of Kazakhstan consider a number of statements made by Bolat Naurzaliyev, Director of the Department for Investigation of Accidents and Incidents in Transport, at a press conference dedicated to the completion of the investigation of the Fokker-100 aircraft accident with Bek Air Airline to be incorrect and beyond the competence.

According to national legislation,  standards and recommended practices of the International Civil Aviation Organization (ICAO), the objectives of the investigation of an aviation accident or incident are to establish the causes of the event and (or) related factors, to develop recommendations for the prevention of accidents and incidents in the future and to ensure safety.

Establishing someone's guilt and responsibility is not the purpose of investigating an accident or incident.

The Civil Aviation Committee and the Aviation Administration of Kazakhstan are guided in their activities by ICAO standards and national legislation.

The introduction of a new approach in the management of the civil aviation industry in the country was highly appreciated by the ICAO auditors following the results of the audit conducted in August 2021.

Currently, Kazakhstan complies with ICAO standards for flight safety by 84%, which is 15% higher than the global average.

At the same time, significant progress has been achieved in the field of Basic Aviation legislation, where compliance with ICAO standards amounted to 81% (previously 61%), Civil Aviation Management Systems - 75% (previously 37.5%).

This indicator clearly demonstrates the recognition of ICAO for the introduction of a new model of management of the civil aviation industry in Kazakhstan.

At the same time, in the field of investigation of aviation accidents and incidents, the lowest level of compliance with ICAO standards was recorded in Kazakhstan - 53%, which is comparable to the indicators of such countries as Senegal – 56%, Gambia – 56%, Togo – 56%, Jamaica – 57%, Lebanon – 57%.

The indicator of the Department for the Investigation of Accidents and Incidents in Transport in this area is also one of the lowest in comparison with the CIS countries: Russia – 86%, Kyrgyzstan – 82%, Latvia – 79%, Tajikistan – 78%, Armenia – 68%, Ukraine 64%.

The statements of the Director of the Department for the Investigation of Accidents and Incidents in Transport, Bolat Naurzaliev, regarding the de-icing treatment of aircraft are considered to be untrue, which mislead the public for the following reasons.

To date, in Kazakhstan, the requirements for the de-icing treatment of aircraft, including the use of de-icing liquids, are regulated.

The above requirements are reflected in Paragraph 6 of the Rules of Technical operation and repair of civil aircraft "Removal of snow and ice from the surface of aircraft" (order of the MIID of the Republic of Kazakhstan dated 30.04.2015 No. 551). Also, these Rules indicate that when removing snow and ice formations on an aircraft, the operational documentation for the production of these works is guided - the Manual for the flight operation of the aircraft.

At the same time, we note that according to global practice, each type of aircraft has its own guidelines adopted by aircraft manufacturers, which should be strictly observed.

The requirements of the Management are reflected in paragraph 6, paragraph 204 of the Rules of Flight Operations in Civil Aviation of the Republic of Kazakhstan (order of the MIID of the Republic of Kazakhstan dated 28.07.2017 No. 509).

The final decision on the use of de–icing treatment is made by the operator himself - the commander of the aircraft.

For reference: The Aircraft Flight Operation Manual is provided by aircraft manufacturers and is also based on the "Clean Aircraft Concept". Thus, aircraft operators have requirements in the operational documentation for the removal of snow and ice formations on the aircraft before the flight.

The standards (requirements) for flying in icing conditions on the ground are set out in Annex 6 of ICAO, Part 1 – International Commercial Air Transport. Planes. According to paragraph 4.3.5.6 of the Annex, "A flight that is planned or expected to be performed under anticipated or known icing conditions on the ground begins only when the aircraft has been checked for icing detection and, as necessary, work has been carried out on it to eliminate/prevent icing. Growths of ice or other naturally occurring contaminants are removed so that the aircraft is in a state of airworthiness before taking off."

Airlines and service providers (airports), when providing de-icing services for aircraft, are guided by SAE global standards (SAE AS6285, AS6286), which impose requirements on procedures for de-icing aircraft, the qualifications of processing personnel, the quality of de-icing liquids, etc.

For reference: SAE (Society of Automotive Engineers) The Society of Automotive Engineers (American Association of Automotive Engineers) is a source of technical information and experience used in the design, manufacture, maintenance and management of vehicles for use on land or sea, in the air or space.

In addition, all service providers undergo an annual (every-season) audit by the serviced airlines for compliance with the requirements of these standards, and airlines are required to supply  service providers with requirements for de-icing treatment of aircraft operated by airlines that take into account the specifics of each specific type of aircraft, which is stipulated in ground handling contracts.

Regarding other statements of the investigative body, we inform you that the reference to regulatory legal acts, according to which inaction and negligence on the part of СAС officials are noted, is incorrect information.

The announced orders define the basic minimum requirements for airfields (No. 381 of 31.03.2015) and the procedure for airfield support of flights in civil aviation of the Republic of Kazakhstan (No. 978 of 07.10.2015), which apply to individuals and legal entities that operate civil airfields on the territory of the Republic of Kazakhstan.

According to the above rules, monitoring the condition of the aerodrome territory, in particular, the identification of construction and construction of uncoordinated facilities refers to the main tasks of aerodrome flight support (airport aerodrome service), which at least twice a year should ensure the conduct of measures to monitor (account for) obstacles, and, if necessary, inform interested state bodies and organizations.

The rules for issuing permits to carry out activities that may pose a threat to the safety of aircraft flights (approved by the PPRK No. 504 dated 12.05.2011) regulate the procedure for issuing permits to carry out the above-mentioned activities of legal entities and individuals, according to the application submitted by them.

The permit is issued on the basis of the conclusion of the permanent commission of the airport, which determines the degree of influence of activities on flight safety, but does not issue land plots for the construction of facilities.

Thus, according to the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and construction activities in the Republic of Kazakhstan", decisions on the development of the territory, decisions on the selection, provision of land plots in the subordinate territory are within the competence of local executive bodies.

In this regard, the Ministry has repeatedly, including before the plane crash, sent notifications to local executive bodies on the need to comply with legal requirements when issuing land plots on the airfield territory and the need to take appropriate measures for previously erected illegal structures.

It should be noted that the authorized body in the field of civil aviation is constantly working to improve the current regulatory framework.

To date, work continues on the adoption of the draft law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on transport issues", which is under consideration in the Majilis of the Parliament of the Republic of Kazakhstan.

In order to establish clear requirements for the use of aerodrome territories, the Draft Law provides for a number of amendments, in particular, on the uniformity of terminology used, the procedure for granting rights to land plots located on the aerodrome territory, and the granting of competence to the Aviation Administration of Kazakhstan to issue permits for activities that pose a threat to flight safety.