The Air Code of Ukraine
Date of Entry into Force:
June 11, 1993
Ukraine shall have full and exclusive sovereignty over Ukraine’s airspace, which is a part of the Ukrainian territory. Ukraine’s airspace shall be a part of the air located over Ukraine’s mainland and waters, including its territorial waters (territorial sea).
The Air Code of Ukraine (hereinafter referred to as “the Code”) regulates activity of Ukraine’s airspace users with the purpose of meeting interests of Ukraine and its citizens and ensuring safe aviation. State observation over ensuring of safe aviation shall be carried out by a specially authorized central body of executive power.
Any legal entity or natural person engaged in developing, manufacturing, repairing, and using civil aviation machinery shall receive a certificate from the state certification and registration body that confirms that the level of such entity’s technical skills conforms to requirements of relevant aviation rules of Ukraine.
The structure of airspace, the procedure for its formation and changes, rules for using the airspace shall be determined by the state body of Ukraine on airspace use. Using Ukraine’s airspace or its specific regions may be fully or partly restricted. Regular prohibited areas and restricted flight areas shall be included into aeronautical documentation and marked on air-navigation charts.
The procedure for using Ukraine’s airspace shall be determined by the Regulation on using Ukraine’s airspace. Adherence to this Regulation shall be ensured by the state system on airspace use. The Regulation on using Ukraine’s airspace and the Regulation on the state airspace system shall be adopted by the Cabinet of Ministers of Ukraine.
Aircraft shall cross Ukraine’s state borders through the specially allocated corridors. It shall be prohibited to cross Ukraine’s state borders outside the specially allocated corridors, unless otherwise is envisaged by an international agreement or other normative acts of Ukraine.
Payment for using Ukraine’s airspace, its air-navigation and informational support shall be determined by a provision that is adopted by the state airspace body of Ukraine and is agreed with the Ministry of Finance of Ukraine.
Radio informational exchange between bodies servicing air traffic on the territory of Ukraine and crews of Ukrainian aircraft shall be performed in Ukrainian or Russian, crews of foreign aircraft – in English or Russian.
According to provisions of the Code, all aircraft shall be divided into:
- state, if they are used by military, customs, border and police services and are registered in the state aircraft register. Aircraft shall be excluded from the relevant state aircraft register if: it is decommissioned or it is transferred to another country, foreign legal entity or natural person;
- civil, if they are registered in the state civil aircraft register. External surface of civil aircraft shall be marked with state and registration identification signs. It shall be allowed to place additional signs (symbols, inscriptions, emblems, etc.) on aircraft upon agreeing this with the state certification and registration body;
- pilot, if they are designated for testing, research and design, research and development activities. Pilot aircraft shall not be recorded in registers.
The aircraft’s crew shall consist of an aircraft commander, other crew and maintenance personnel. All crew members shall belong to flight personnel. The minimum staff of a flight crew shall be established by the flight advisor for this type of aircraft. Flights of civil aircraft without complete minimum flight crew shall be prohibited. The aircraft commander shall be an individual who gained the profession of a pilot (aviator), as well as training and experience necessary for independent management of this type of aircraft and the crew.
Transportation of weapons, ammunition, explosive and toxic substances, nuclear fuel, radioactive substances, and other cargos that are especially dangerous shall be carried out upon a permit of competent bodies according to the special rules established by aviation state regulatory bodies of Ukraine. Foreign carriers shall perform their activity on the territory of Ukraine in line with the legislation of Ukraine, international treaties and agreements.
The Code enumerates norms that determine the responsibility:
- of a carrier before a passenger for losing, missing or damaging cargo, luggage or things possessed by a passenger;
- of a carrier before communication bodies for losing, damaging or delaying postal deliveries because of the carrier’s fault;
- for blocking aircraft, aviation object, transport, engineering and technical, and other communications to them;
- for other offences.
Aviation works (flights) on the territory of Ukraine may be carried out (performed) by foreign operators, as well as joint ventures and enterprises that fully belong to foreign investors on the basis of a permit (license) for performing aviation works which is issued by the aviation state regulatory body of Ukraine.
Aircraft that fell into an accident or lost communication with the land and its whereabouts are unknown shall be immediately searched for. Search activities shall be understood as a system of measures aimed at timely detection of aircraft that is suffering or has suffered an accident. If possible, the crew of aircraft that is suffering or has suffered an accident shall give relevant SOS signals through communication channels of air traffic servicing bodies on emergency frequencies established by the regulations on radio communication. In case of international flights, such signals shall be repeated on the international frequency allocated for such SOS signals.
Aircraft shall be equipped with on-board survival equipment, the list of which, depending on the type of aircraft and the flight area, shall be determined by the aviation state regulatory body of Ukraine for civil aircraft and by the Ministry of Defense of Ukraine for state aircraft according to the airworthiness norms. All crew members of aircraft shall take a special training course under a program for survival and rescue of passengers for on-board emergency situations in various physical-geographic and climate conditions.
An air carrier and provider of air flight services shall insure crew members and flight personnel that are on-board of aircraft, as well as aircraft that they own, rent or are transferred to them into use, and their responsibility for compensating losses inflicted upon passengers, luggage, mail, cargo that were accepted for transportation; other users of airspace transport, while all operators shall insure responsibility before the third parties. Insurance shall not be below the level established by the Government of Ukraine. The Aviation Insurance Bureau shall coordinate activities of insurers in the field of insuring aviation risks and represent their interests in international insurer associations. Establishment and state registration of such Aviation Insurance Bureau shall be carried out according to the procedure set forth by the Cabinet of Ministers of Ukraine.