Types of aviation enterprises. Air transportation: concept, types, sources of legal regulation. one in Krasnoyarsk Airlines

In modern society, there are several completely independent modes of transport. Their division is due to the difference Vehicle, which are used to move cargo and passengers, as well as a different natural environment for their operation. Transport system Russia is a large and complex economic complex located throughout the country. It includes: land transport (rail, road), water (sea and river), air and pipeline.

The concept of "air transport" exists as an alternative to land and aquatic species transport using a different medium for transportation. Air transport has certain advantages over other types of transport: high speed of movement of passengers and cargo; shortening the path, which has a significant impact on saving time for the delivery of passengers and goods; the speed of organizing air traffic; high maneuverability and adaptability of air transport to various objects of transportation, to their seasonal fluctuations. A special role air transport also determine the regularity and versatility of transportation regardless of the season and climatic conditions, high carrying capacity aircraft.

"The term" air transport "is widely used in practice, denoting by it transport activities carried out in airspace using aircraft as rolling stock." Traditionally, the term "aviation" has been used to refer to activities in airspace.

Aviation activities have different goals, objectives and means of implementation. One of the most significant goals of aviation activities is activities aimed at meeting the interests and needs of individuals and legal entities in air transportation, protecting their rights to safe, high-quality and economical air transportation. This goal is realized through the use of civil aviation, which in turn is subdivided into general aviation, used free of charge, and commercial civil aviation. The main purpose of commercial civil aviation is to carry out air transportation of passengers, baggage and cargo for a fee.

Air transportation is understood as "transport movement in the airspace of a cargo or a person, carried out by the movement of an aircraft along an established air line (route)".

Traditionally, there are two main types of air transportation - domestic and international. Domestic air transportation means air transportation in which the point of departure, point of destination and all points of landing are located on the territory Russian Federation... International air transportation is recognized in which the place of determination and the place of destination, regardless of whether or not there is a break in carriage or transhipment, are respectively located either on the territories of two states or on the territory of one state, if a point (points) of landing on the territory of another state is provided. ...

Domestic air travel, in turn, may be regular or irregular; interregional and intraregional, as well as business and corporate.

Regular air transportation - transportation carried out on regular flights, that is, on aircraft flights operated in accordance with the schedule published in the prescribed manner, including transportation on additional flights, that is, on flights operated in addition to the schedule by dates and the same route by which regular flight... Non-scheduled air transportation - transportation performed on non-scheduled (charter) flights, that is, on aircraft flights operated outside the published schedule in accordance with an air transportation agreement concluded between the customer and the airline or other operator.

Interregional air transportation - domestic air transportation (regular - scheduled and charter) on established air lines between points located in the regions assigned to various regional departments of the Federal aviation service(FAS) of Russia (currently - the Federal Air Transport Agency of the Russian Federation). Intraregional air transportation - domestic air transportation (regular - scheduled and charter) on established air lines between points located in a region assigned to one regional administration FAS Russia.

Business transportation - charter air transportation by orders of legal entities and individuals, performed on specially equipped civil aircraft with up to 15 passengers. Corporate transportation - air transportation performed by the owner of the aircraft (operator) on a non-commercial basis (to meet their own needs and requirements without obtaining commercial benefits).

International treaties and national legislation of states divide international air transportation into two categories: regular and non-scheduled.

Regular air transportation is carried out by means of regular flights by airlines specially designated by the state on the lines stipulated in the relevant international agreement. At the same time, after the state has appointed the airline for flights on the agreed lines, it must inform the other party to the agreement about this in writing. The latter, in turn, is often obliged to provide such an airline with an operational permit for flights, provided that the issues of the schedule and tariffs are agreed.

The Council of the International Civil Aviation Organization "in 1952 defined regular international air travel as a series of flights that are operated through the airspace over the territory of more than one State by aircraft for the purpose of transporting passengers, cargo and mail for a fee, each flight being available to anyone. persons; they are carried out between the same two or more points, either in accordance with published timetables, or flights so regular or frequent that they represent a clear systematic series. "

Irregular international air transportation - "air transportation carried out by means of irregular (episodic, one-time) flights, that is, other than regular, performed on a schedule with a certain frequency between certain points. The most common type of non-scheduled air transportation is air charter." "Non-scheduled flights are carried out on the basis of a special permit, but in recent years, some states have begun to conclude bilateral agreements on non-scheduled air services."

International air transportation between Russia and foreign countries outside the CIS - transportation performed on international flights to these countries and between these countries, i.e. on flights consisting of one or several international flight legs. Moreover, if available on international flight domestic flight stage, this stage is considered international. A flight stage is understood as the flight of an aircraft from the moment of take-off to the moment of the next landing on a given flight.

International transportation between Russia and the CIS countries - transportation performed on flights to these countries, as well as between these countries. If there is an internal flight stage on an international flight to the CIS countries, this stage is considered as international with the CIS countries. In the case of a flight with landings both on the territory of the CIS countries and on the territory of other foreign countries outside the CIS, these transportation are considered as international between Russia and foreign countries outside the CIS.

Air transportation is carried out by air transportation entities that have different legal status... The Air Code established the concepts of an aviation enterprise, operator and carrier.

An aviation enterprise is a legal entity, regardless of its organizational and legal form and form of ownership, which has the main objectives of its activities to carry out air transportation of passengers, baggage, cargo, mail and (or) to perform aviation work for a fee. Operator - a citizen or legal entity that owns an aircraft on the basis of ownership, on a lease basis or on any other legal basis, using this aircraft for flights and having an operator's certificate (license). Carrier - an operator who is licensed to carry passengers, baggage, cargo or mail by air on the basis of air carriage agreements.

As follows from the above definitions of subjects of air transportation activities, an aviation enterprise acts as a generic, generalized concept, since with the presence of appropriate licenses and certificates it can carry out its activities both as an operator and as a carrier. At the same time, only commercial civil aviation operators operating on a reimbursable basis can be classified as aviation enterprises.

The main distinguishing feature of the operator from the carrier is the different nature of their activities. An operator that does not have an appropriate license is entitled to carry out only non-commercial (corporate) transportation or other non-commercial aviation activities involving the operation of aircraft. According to part 5 of article 9 of the VK RF, a license is not required in this case.

In accordance with Appendix No. 2 to the Order of the Federal Aviation Service No. 74 dated March 18, 1998 "On the introduction of additional licensing requirements", air transportation entities are classified on the following grounds:

a) air carriers - federal airlines with the right to operate international flights;
b) air carriers - airlines of regional importance with the right to perform international flights; c) air carriers local significance; d) air carriers business aviation;
e) operators of corporate aviation.

Air carriers - airlines of federal importance with the right to perform international flights (federal airlines) - air carriers performing the entire volume of regular traffic on international air lines to non-CIS countries, a large (over 70%) part of regular traffic to CIS countries and interregional traffic, as well as international ...

Air carriers - airlines of regional importance with the right to perform international flights (regional airlines) - air carriers performing only interregional regular transportations and seagulls, regular transportations to the CIS countries, as well as international and domestic charter flights.

Air carriers of local importance (local air carriers) - air carriers performing only intraregional transportation and part of interregional transportation on class 3-4 aircraft.

Business aviation carriers are air carriers that perform business transportation. Corporate aviation operators are operators performing corporate flights.

1. For the purposes of this Code, an aviation enterprise means a legal entity, regardless of its organizational and legal form and form of ownership, which has the main objectives of its activities to carry out, for a fee, air transportation of passengers, baggage, cargo, mail and (or) the performance of aviation work.

2. The creation in the Russian Federation of an aviation enterprise with the participation of foreign capital is allowed under the conditions if the share of participation of foreign capital does not exceed forty-nine percent of the authorized capital of the aviation enterprise, its head is a citizen of the Russian Federation and the number of foreign citizens in the governing body of the aviation enterprise does not exceed one one third of the composition of the governing body.

3. Operator - a citizen or legal entity that owns an aircraft by right of ownership, on lease terms or on any other legal basis, using the specified aircraft for flights and having an operator's certificate (license).

Operator requirements are determined by federal aviation regulations.

4. The use by an individual, legal entity of an aircraft for the purposes specified for state aviation and (or) experimental aviation, as well as the use of a light civil aircraft of general aviation or an ultralight civil aircraft of general aviation does not entail an obligation for an individual to obtain , the legal entity of the operator's certificate (certificate) or an equivalent document of this certificate (certificate).

(Clause 4 as amended by Federal Law of 18.07.2006 N 114-FZ)

Russian aviation enterprises and Russian individual entrepreneurs have the right to carry out commercial activities in the field of civil aviation if they have licenses obtained in accordance with Article 9 of this Code.

1. Foreign aviation enterprises, international operating agencies and foreign individual entrepreneurs have the right to carry out commercial activities in the field of civil aviation in the manner prescribed by the legislation of the Russian Federation and international treaties of the Russian Federation.

2. When carrying out international air transportation within the territory of the Russian Federation and (or) performing aerial work, foreign aviation enterprises, international operating agencies and foreign individual entrepreneurs must obtain appropriate licenses.

The issuance of such licenses is carried out in accordance with Article 9 of this Code.

3. In relation to a foreign aviation enterprise, the operator's certificate (certificate) or a document equivalent to the certificate (certificate) issued by an authorized body of a foreign state and corresponding to international standards recognized by the Russian Federation, as well as international treaties of the Russian Federation is recognized as valid.

4. Foreign aviation enterprises may open their representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation and (or) international treaties of the Russian Federation.

5. Foreign aviation enterprises, international operating agencies and foreign individual entrepreneurs do not have the right to:

accept on the territory of the Russian Federation on board aircraft passengers, baggage, cargo and mail for air transportation to the territory of a foreign state or transport them to the territory of the Russian Federation from the territory of a foreign state, unless otherwise provided by an international treaty of the Russian Federation or issued in the manner established by the Government Of the Russian Federation, one-time permits of the authorized body in the field of civil aviation;

accept on the territory of the Russian Federation on board aircraft passengers, baggage, cargo and mail for air transportation within the territory of the Russian Federation without the permits of the authorized body in the field of civil aviation, issued in the manner established by the Government of the Russian Federation.

(as amended by Federal Law of August 22, 2004 N 122-FZ)

(as amended by Federal Law of 05.04.2011 N 51-FZ)

1. The provision of services in the field of civil aviation is carried out on a paid basis (tariffs, fees), unless otherwise provided by the legislation of the Russian Federation.

2. The list of tariffs for services in the field of civil aviation and charges for these services, the rules for the formation of the indicated tariffs and charges, the rules for the collection of charges calculated on the basis of the indicated tariffs and charges for services in the field of civil aviation, as well as the rules for the sale of tickets, the issuance of consignment notes and others shipping documents are established by the authorized body in the field of civil aviation.

3. Tariffs for services in the field of civil aviation related to the sphere of natural monopoly and rates of charges for these services are established in accordance with the legislation of the Russian Federation on natural monopolies.

4. The rates of charges for air navigation services for aircraft flights of airspace users are established by the federal executive body authorized to carry out legal regulation in the field of state regulation of prices (tariffs) for goods (services) and control over their application.

The procedure for state regulation of charges for air navigation services for aircraft flights of airspace users is established by the Government of the Russian Federation.

5. Charges for air transportation of passengers, baggage, cargo and mail shall be established by the carriers.

6. Payment for air transportation carried out on the basis of an aircraft charter (air charter) agreement is established on a contractual basis.

1. Control over the activities of aviation enterprises and individual entrepreneurs, including foreign aviation enterprises, international operating agencies and foreign individual entrepreneurs, is carried out by the authorized body in the field of civil aviation. Control is exercised over compliance with the legislation of the Russian Federation and international treaties of the Russian Federation, as well as the requirements of the relevant certificates and licenses.

(as amended by Federal Law of August 22, 2004 N 122-FZ)

2. If an aviation enterprise or an individual entrepreneur does not comply with the requirements specified in paragraph 1 of this article, except for cases of violation of the requirements of the relevant license or carrying out activities without an appropriate license, if its receipt is mandatory, the following measures of influence may be applied to such an enterprise or such an individual entrepreneur :

1) deprivation of the relevant permission, certificate, or suspension or restriction of the validity of these documents;

2) other measures of influence established by the legislation of the Russian Federation.

(Clause 2 as amended by Federal Law of 08.11.2007 N 258-FZ)

3. In the event that an aviation enterprise or an individual entrepreneur violates the requirements of the relevant license or carries out activities without an appropriate license, if its receipt is mandatory, measures of influence established by the legislation of the Russian Federation may be applied to such an enterprise or such an individual entrepreneur.

(Clause 3 was introduced by the Federal Law of 08.11.2007 N 258-FZ)

Air Code of the Russian Federation establishes the legal basis for the use of the airspace of our state and activities in the field of aviation. It regulates the tasks of meeting the needs of citizens and the economy in air transportation (the most impeccable quality of services), in aviation, in the defense and security of the state, in protecting its interests, in the safety of air transport, in aviation and environmental safety. Regulates the order of investigation aviation accidents and incidents (determining the causes of emergency, taking measures to prevent it in the future). Deals with such issues as aviation personnel, international aircraft flights, the responsibility of the carrier, operator and shipper, etc.

This Code establishes the legal basis for the use of the airspace of the Russian Federation and activities in the field of aviation. State regulation of the use of the airspace of the Russian Federation and activities in the field of aviation is aimed at meeting the needs of citizens and the economy in air transportation, aviation work, as well as ensuring the defense and security of the state, protecting the interests of the state, aircraft flight safety, aviation and environmental safety.

... Aviation enterprise and operator

Commentary on Article 61 of the RF CPC:

1. In paragraph 1 of Art. 61 legislators directly indicated that the organizational and legal form of a legal entity and the form of its ownership (state, municipal, private) do not matter for its acquisition of the status of an aviation enterprise. In accordance with paragraph 1 of Art. 50 GK, these can only be commercial organizations: business partnerships and companies (JSC, LLC, etc.), production cooperatives and unitary enterprises.

The determining factor for classifying an enterprise as an aviation enterprise is the obligatory indication in the constituent documents of legal entities as the main objectives of their activities for the implementation of air transportation of passengers, baggage, cargo, mail and (or) aviation work for a fee, i.e. activities aimed at making a profit. Such documents are articles of association and articles of association.

Non-profit organizations, despite the fact that their activities, unlike commercial ones, are not aimed at making a profit, can also carry out entrepreneurial activities insofar as it serves to achieve the goals for which they were created, and corresponding to these goals (Article 50 of the Civil Code) ... Consequently, they can also engage in paid air transportation and (or) aviation work, if this is consistent with the achievement of social, charitable, cultural, educational, scientific and managerial goals, the goals of protecting the health of citizens, the development of physical culture and sports, and the satisfaction of spiritual and other intangible needs. citizens, protection of the rights, legitimate interests of citizens and organizations, as well as other goals aimed at achieving public goods (Article 2 of the Federal Law of 12.01.1996 N 7-ФЗ "On Non-Commercial Organizations").

However, depending on the departmental affiliation of legal entities, they may be legally prohibited from carrying out paid air transportation. So, according to Art. 10 of the Federal Law of 27.05.1998 N 76-FZ "On the status of military personnel" "military personnel are not entitled to: engage in other paid activities ..." as well as other state property, with the exception of cases of using the said property for a fixed fee, in accordance with federal laws and other regulatory legal acts of the Russian Federation "(clause 7). Article 2 of the Federal Law of 28.03.1998 N 53-FZ "On Military Duty and Military Service" establishes that military personnel are "citizens (foreign citizens) doing military service" (clause 3). It follows from this that the indicated ban on the implementation of paid air transportation applies to the bodies and organizations of the Armed Forces of the Russian Federation, the internal troops of the Ministry of Internal Affairs of Russia, the civil defense forces, engineering and road construction military formations under the federal executive bodies, the Foreign Intelligence Service of the Russian Federation, bodies of the federal security service, the federal body for special communications and information, federal bodies of state security, the federal body for providing mobilization training for the bodies of state power of the Russian Federation, military units of the State Fire Service and special formations created for wartime, whose personnel have the status of military personnel (cl. 1 article 2 of the Federal Law of 28.03.1998 N 53-FZ "On conscription and military service").

2. When creating an aviation enterprise, the participation of foreign capital in it is limited, firstly, in terms of property: no more than 49% of its authorized capital may in aggregate belong to foreign legal entities and individuals; secondly, organizationally: its leader, i.e. person acting as sole proprietor executive body, must be a citizen of the Russian Federation, and the number of foreign citizens in the governing body of an aviation enterprise must not exceed one third of the composition of the governing body. In the latter case, the governing bodies are understood as: the board of directors (supervisory board), as well as the collegial executive body (board, directorate) in joint-stock companies and limited liability companies, the board of trustees of the fund and other collegial governing bodies provided for by the constituent documents of non-profit organizations.

In cases where the functions of the sole executive body of an aviation enterprise on the basis of an agreement are performed by a management company (Article 69 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies", Article 42 of the Federal Law of 08.02.1998 N 14-FZ " On limited liability companies "), the requirements for the Russian citizenship of the head apply to the head of this company or to the person representing it in the controlled enterprise and directly performing the functions of the specified executive body (representative, head of the representative office, in particular in cases where the management company - not a resident of the Russian Federation).

It should be noted that the issue of limiting the participation of foreign capital is regulated by law only for the moment of creation of an aviation enterprise. Consequently, after its state registration and the initial receipt of the necessary permits, registration with the relevant state organizations (i.e., the implementation of actions related to the creation of any legal entity), the issues of distribution of shares in the authorized capital of the enterprise and the formation of its governing bodies should be resolved taking into account the requirements of the current Russian legislation. These are the aforementioned Laws on Joint Stock Companies and Limited Liability Companies, on Foreign Investments (Federal Law of 09.07.1999 N 160-FZ "On Foreign Investments in the Russian Federation", Federal Law of 29.04.2008 N 57-FZ "On the Procedure for Implementing foreign investment in business entities of strategic importance for ensuring the country's defense and state security "), on the limitation of monopolistic activities (Federal Law of 26.07.2006 N 135-FZ" On the protection of competition ") and other regulations.

3. An operator in this Code means a person who, firstly, owns (directly possesses) aircraft on the basis of ownership and on other terms - lease, leasing, etc. and using them for flight operations; secondly, the certificate (certificate) of the operator.

In the legal literature, claims have been made against the unfounded, in the opinion of critics, introduction of the concept of "operator", since it may well be replaced by the general civil term "owner". However, for the specific conditions of the aviation industry, this term is also not universal. In aviation, it is not uncommon for an aircraft (a glider with its systems) to be owned by the person operating the flights, engines are leased or leased, and other equipment is subleased. It follows that the most important feature of an operator is his legal possession of an aircraft, all of its technical components.

Also important are such signs of the operator as the use of the aircraft for flights, as well as the inextricably linked possession of a document confirming the person's compliance with the requirements - the operator's certificate (certificate). If the term "owner" with known assumptions includes the powers of ownership and use, then the latter attribute is specific to the aviation industry.

The main documents regulating the requirements for operators are FAP "Certification requirements for commercial civil aviation operators. Certification procedures" (approved by Order of the Minister of Transport of the Russian Federation of 04.02.2003 N 11, taking into account the changes introduced by the Order of the Minister of Transport of the Russian Federation of 25.07.2007 N 103) and FAP "General aviation operators. Requirements for a general aviation operator, procedures for registering and monitoring the activities of general aviation operators" (approved by Order of the Minister of Transport of the Russian Federation of 18.06.2003 N 147). However, it should be borne in mind that by Order of the Minister of Transport of the Russian Federation of November 30, 2007 N 175, significant changes were made to these FAPs, removing from its scope individuals and legal entities using light and ultralight civil aircraft of general aviation.

The first document stipulates that the operator must have a certain organizational structure, i.e. it must be a legal entity. If the applicant for obtaining a certificate of a commercial civil aviation operator is an individual (clause 1 of the above-mentioned FAP), he must be a representative of the enterprise or have the status of an individual entrepreneur. Otherwise, it is impossible to fulfill the certification requirements: to have an aircraft fleet in the amount determined by the aircraft turnover schedule, taking into account their reservation, aviation personnel, and a production base for organizing, producing and supporting flights. At the same time, aircraft leased under an aircraft lease agreement with a crew and aircraft operating abroad under contracts are not considered as a reserve.

The commercial civil aviation operator must ensure (including on a contractual basis) the availability of a production base equipped to organize and perform the necessary work to maintain the airworthiness of the aircraft, analyze flight information, collect and process data on the reliability of aviation technology and flight safety, accounting and storage of operational and other technical documentation, including the so-called number documentation for the main and component parts of the aircraft, operational management and control of aircraft flights, training of aviation personnel. To do this, he must confirm the availability of sufficient financial resources and property for the safe operation of aviation equipment and maintaining the required level of airworthiness of the aircraft, including the availability of a repair fund, for organizing and ensuring the flights of the declared aircraft and the quality of services provided, as well as for organizing the training of aviation personnel. ...

The requirements for general aviation operators are much less stringent. A citizen or legal entity must legally own an aircraft and use it for flights for general aviation purposes, as well as have a general aviation operator's certificate (except for the operation of light and ultralight aircraft; see the commentary to Article 32 of the VK). They must organize: the creation of the necessary base for the storage of aircraft, the performance of work to maintain their airworthiness and the storage of operational and other technical documentation, including serial documentation for the main and component parts of aircraft; maintenance and repair of declared aircraft; registration of data on aircraft failures and malfunctions; accounting of aircraft operating time; processing of flight information if there are flight recorders on board the aircraft; medical, meteorological, aeronautical and other types of flight support; provision (implementation of measures) of aviation security. The presence of aviation personnel is mandatory only for legal entities - operators of general aviation, with the exception of a public aviation sports association, and for an individual - if necessary.

In addition, a general aviation operator - a legal entity (an individual - in the case of hiring aviation personnel) develops a flight operations manual and a manual for organizing aircraft maintenance and ensures that the information necessary for aviation personnel from the crew is available on board the aircraft. from the relevant sections of the operations manual and the aircraft maintenance manual. The rest of the general aviation operators must ensure that the necessary information on the organization of flights and the maintenance of the aircraft is available on board the aircraft.

4. Clause 4 of this article establishes cases when there is no need to obtain an operator certificate (certificate). Firstly, this is the use of an aircraft by an individual or legal entity for the purposes of state and (or) experimental aviation (while an individual is not entitled to use the aircraft for the purposes of state aviation). The defining principle is only the purpose of use, the form of ownership of the property does not matter. Secondly, these are cases of use by a legal entity or an individual of a light or ultralight civil aircraft of general aviation.

Operator requirements are determined by federal aviation regulations.

Comments to Art. 61 VZK RF

In accordance with the Federal Aviation Regulations "Certification Requirements for Commercial Civil Aviation Operators. Certification Procedures" the operator has an organizational structure, aircraft (on the basis of ownership, on a lease basis or on another legal basis), aviation personnel and a production base for the organization, production and ensuring flights in accordance with the requirements of regulations governing the activities of civil aviation. It must also have aircraft in the number determined by the aircraft turnover schedule, taking into account their reservation, to carry out air transportation and the planned flight program.

The operator must ensure the availability of a production base equipped for organizing and performing the necessary work to maintain the airworthiness of aircraft, analyzing flight information, collecting and processing data on the reliability of aviation technology and flight safety, recording and storing operational and technical documentation and serial documentation for the main and components for aircraft, operational management and control of aircraft flights, training of aviation personnel. And also confirm the availability of sufficient financial resources and property for the safe operation of aviation equipment and maintaining the required level of airworthiness of aircraft, including the availability of a repair fund, for organizing and ensuring flights of declared aircraft and the quality of services provided, as well as for organizing training of aviation personnel. The applicant (operator) develops and implements in its organization a flight operations manual, a maintenance manual and a quality manual containing rules, procedures and standards for the organization, operation and maintenance of flights established and accepted for execution by the operator's aviation personnel.

The operator must maintain an aeronautical information service or designate responsible person if the provision of aeronautical information is carried out under contracts with third-party organizations. An operator for obtaining a certificate develops a business plan containing a justification for the possibility of fulfilling the planned flight program within 24 months and ensuring that the costs of its implementation without income within three months from the start of work are covered. The operator needs to organize flight operations in accordance with the requirements of the regulations governing the activities of civil aviation.

The use of civil aircraft for flights for general aviation purposes by a legal entity or an individual who does not have a GA operator certificate is not allowed. The GA operator certificate is issued and renewed for a period of up to 5 years. At the initial registration of the applicant as a GA operator with the right to perform international flights, the GA operator certificate is issued for a period of up to 2 years. The AON operator certificate cannot be issued for two or more legal entities or individuals and cannot be transferred from one legal entity or individual to another. The issuance of GA operator certificates, the extension of their validity and (or) amendments to the GA operator certificates are carried out by the interregional territorial departments and the territorial air transport departments of the Ministry of Transport of Russia.

The use of the airspace of the Russian Federation is carried out by the GA operator in accordance with the requirements of the air legislation of the Russian Federation and the flight operations rules established in civil aviation. The GA operator (applicant) organizes in accordance with the requirements established in civil aviation:

creation of the necessary base for storing aircraft, performing work to maintain their airworthiness and storing operational, technical and number documentation for the main and component parts of aircraft;

maintenance and repair of declared aircraft;

registration of data on aircraft failures and malfunctions;

accounting of aircraft operating time;

processing of flight information if there are flight recorders on board the aircraft;

medical, meteorological, aeronautical and other types of flight support;

provision (implementation of measures) of aviation security.

Aircraft belonging to the GA operator (applicant), declared for flights for general aviation purposes, are allowed to operate with airworthiness certificates (airworthiness certificates), state registration certificates. Aircraft are equipped in accordance with the established requirements to perform the declared types of flights in the declared regions. An application for registration as a GA operator and extension of the validity period of the GA operator certificate is submitted to the appropriate territorial air transport authority of the Ministry of Transport of Russia at the main base of the applicant's (GA operator) aircraft used for general aviation purposes, in the form. The GA operator's certificate comes into force from the date indicated in it. Copies of the GA operator certificate, applications and documents attached to it are stored in the territorial air transport authority of the Ministry of Transport of Russia, which issued the GA operator certificate. Information on the issuance of the GA operator certificate, its extension or amendments to the GA operator certificate is sent by the territorial air transport authority of the Ministry of Transport of Russia within 3 working days to the specially authorized body in the field of civil aviation in electronic form via telecommunication channels in the established format in the amount application data for entering into the consolidated information database. In case of violation by the GA operator of the restrictions set forth in the appendix to the GA operator certificate, which is an integral part of the specified certificate, the rules for the operation of aircraft, as well as the rules for the use of the airspace of the Russian Federation and the rules of flight operations or their provision, threatening the safety of flights and (or) aviation security, the territorial air transport authority of the Ministry of Transport of Russia, which issued the GA operator certificate, may impose restrictions on the GA operator certificate, its validity may be suspended or the GA operator certificate may be canceled.

Aviation enterprise

(English aircraft enterprise) - in the air legislation of the Russian Federation, regardless of its organizational and legal form and, having the main goals of its activities, the implementation of air transportation of passengers, baggage, cargo, mail and (or) the performance of aviation work for a fee (Article 61 of the Aircraft Code of the Russian Federation *). Creation on the territory of the Russian Federation of A. p. with the participation of foreign capital is allowed under the conditions if the participation of foreign capital does not exceed 49% of the authorized capital of the joint stock company, its head is a citizen of the Russian Federation and the number of foreign citizens in the governing body of the joint stock company. does not exceed 1/3 of the composition of the governing body. Features of the commercial activities of Russian and foreign companies, as well as individual entrepreneurs are determined according to the rules of Ch. IX Carriage of the Russian Federation.

Big Law Dictionary... Academic.ru. 2010.

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Comments to Art. 61 VZK RF

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