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To support regional airports, a subsidy mechanism is provided

10/01/2023

December 29, 2022, President of the Republic of Kazakhstan Kassym-Jomart Tokayev signed the Law of the Republic of Kazakhstan «On introducing amendments and addenda to some legislative acts of the Republic of Kazakhstan on issues of transport and subsoil use». About civil aviation, amendments and additions are made to the Law "On the use of airspace of the Republic of Kazakhstan and aviation activities", the Land Code, the Labour Code and other laws.

The law contains essential amendments for the civil aviation industry aimed at further enhancing the mechanism for regulating civil aviation, improving flight safety and aviation security, and protecting the rights of citizens who use air transport services.

To improve flight safety and limit land use, as well as for the construction of facilities near the aerodrome area, the Land Code introduces a rule regulating the granting of land on nearby aerodrome areas concerning the provisions of the legislation on the use of airspace and aviation activities that require permits to perform actions on adjacent aerodrome areas.

In addition, the law establishes a provision for international airports to approve a general plan containing detailed milestones for airport infrastructure development and a list of priority objectives. This will consider the projected growth in traffic volume, ensure the necessary land for airport infrastructure development, and ensure compliance with international standards, including in terms of flight safety and aviation security.

A subsidy mechanism for regional airports facing financial difficulties and being unable to meet their operating costs have been introduced to provide state support to regional airports.

There are also provisions establishing the airlines' obligation to inform passengers promptly by mobile number and email of changes in flight status, the reasons for changes in flight status and new departure time or a new route, as well as the list of services provided by the airlines in connection with changes in flight status. To strengthen the protection of passengers' rights, a fine at the rate of three per cent of the cost of the fare (fare of the flight section where the delay occurred) for each hour of delay is provided for airlines for the late delivery of passengers to their destination, unless there has been a circumstance of force majeure.

Аt the same time, the Law also provides rules for the benefit of air carriers. Airlines are allowed to maintain their own "blacklist of passengers", i.e. the so-called register of persons whose transportation is restricted. A passenger on this register may not be allowed to fly by the air carrier. According to the law, a passenger may be included in the register for one year in case of committing an offence on board an aircraft based on a valid court judgement imposing an administrative penalty or a guilty verdict for committing the offence.

The law also aims to harmonise national legislation with the standards further and recommended practices of the International Civil Aviation Organisation (ICAO) and best practices of foreign countries.

In particular, a "just culture" principle is being implemented in civil aviation, which provides a mechanism to protect the employment rights of aviation personnel who report accidents and incidents promptly through the reporting system. It also includes the responsibility of the chief executive of a civil aviation organisation to ensure flight safety and for certification of aerodromes of a specific category, whereas previously, this requirement extended to all categories of aerodromes.

By the way, the issues of regulating air traffic control over the high seas or in the airspace over which sovereignty is not defined are also addressed. Furthermore, the liability of aviation inspectors for failing to perform or improperly perform their duties is regulated, and certification about unmanned aviation systems is introduced.

Introduction of provisions to regulate the use of unmanned aerial vehicles, namely the introduction of a certification procedure, the establishment of requirements for remote identification and the definition of areas for their use. Also, the terms "unmanned aviation system" and "unmanned aircraft" are introduced.

In general, the introduced amendments will increase the effectiveness of state control and supervision over aviation activities, specify certain aspects for civil aviation entities and enable compliance with international standards.