24 April

Law of the Republic of Azerbaijan on Aviation

LAW OF THE REPUBLIC OF AZERBAIJAN ON AVIATION

1

This Law shall govern the use of the airspace of the

Republic of Azerbaijan and set forth general principles of

aviation-related activities.

Chapter I

General Provisions

Article 1. General Terms and Definitions

1.0. General terms used in this Law:

1.0.1. Aerodrome - shall mean an area of land or

water (including any property, plant and equipment)

intended for use, in whole or in part, for the purposes of

arrival, departure or movement of aircraft;

1.0.2. Aviation - shall mean the aggregate of plant

and activities providing for the human-controlled use of

airspace by aircraft and maintaining the conditions

required for that purpose;

1.0.3. Aviation Security - shall mean a set of

measures, including human and material resources,intended to safeguard civil aviation against any acts of

unlawful interference;

1.0.4. Aviation Accident - shall mean an event which

results in death of, or bodily injury to, any person and

which occurs between the moment when all persons who

intend to fly have boarded the aircraft and the moment

when all persons who are aboard such aircraft have left

the aircraft (except when the Aviation Accident is the

result of natural causes or occurs through the fault of

such person or other persons or through the fault of

stowaways hiding outside the areas which passengers

and crew members are usually permitted to enter),

associated with damage or structural damage to aircraft,

loss of aircraft or aircraft becoming unavailable;

1.0.5. Aviation Incident - shall mean any event other

than an Aviation Accident associated with the use of

aircraft which adversely affects or is likely to adversely

affect operational safety;

1.0.6. Aeronautical Products - shall mean any spare

parts, aircraft accessories or any other equipment

required to ensure flight safety;

1.0.7. Aeronautical Personnel - shall mean

specialists duly certified and qualified who have

undergone higher technical or specialized training and

have been authorized to perform certain types of works in

the aviation industry;

1.0.8. International Standards - shall mean the

mandatory requirements of the International Civil Aviation

Organization in respect of physical characteristics,

structure, material equipment, technical specifications of

Aircraft, Aeronautical Pro-ducts and Aeronautical

Personnel;

1.0.9. Recommended International Practices - shall

mean the recommended requirements of the International

2

Civil Aviation Organization in respect of physical

characteristics, structure, material equipment, technical

specifications of Aircraft, Aeronautical Products and

Aeronautical Personnel;

1.0.10. International Flights (Routes) - shall mean

the flights performed by aircraft which pass the border of

the Republic of Azerbaijan or any other state;

1.0.11. Air Transportation - shall mean the fee-

based transportation of passengers, luggage, cargoes

and mail by aircraft;

1.0.12. Air Service - shall mean regular flights

performed for the purposes of Air Transportation;

1.0.13. Aircraft - shall mean any machine or craft

that can derive support in the atmosphere from the

reactions of the air other than the reactions of the air

against the surface of earth or water;

1.0.14. Aircraft Crew - shall mean a crew which

consists of persons appointed by the Aircraft Owner or

Operator to perform certain duties aboard the Aircraft,

specifically to fly the Aircraft and render services during

the flight;

1.0.15. Aircraft Operator - shall mean any person

that operates the Aircraft or renders services in this

sphere;

1.0.16. Aircraft Captain - (pilot in command) shall

mean a pilot appointed to perform duties of the captain

who is responsible for the flight safety;

1.0.17. Aircraft Owner - shall mean a person who

holds title to the Aircraft or who enjoys the right of use or

lease of the Aircraft;

1.0.18. Air Traffic - shall mean the flights performed

by Aircraft or movement thereof within the maneuvering

area;

3

1.0.19. Air Traffic Services - shall mean flight

information service, air and meteorological service,

consulting service of air traffic, alerting system, air traffic

control, flight dispatch, including area control, control over

approaching aircraft or aerodrome service;

1.0.20. Air Traffic Control - (flight dispatch) shall

mean the air traffic service intended to prevent aircraft

from colliding with each other or any obstacles present

within the maneuvering area, and to streamline and

maintain the orderly flow of air traffic;

1.0.21. Airspace - all mean the airspace over the

territory of the Republic of Azerbaijan, the sector of the

Caspian Sea (lake) owned by the Republic of Azerbaijan

and inland waters;

1.0.22. Airport - shall mean a combination of

facilities providing for the arrival and departure of Aircraft

and air transportation service, which, for these purposes,

is equipped with an aerodrome, airport terminal, other

ground-based installations and the necessary equipment;

1.0.23. Special Purpose Aviation Activities - shall

mean the flights performed for the purposes of special

service in such spheres as agriculture, construction

industry, aerial photography, contour mapping and

spectrophotometrical mapping, surveillance and patrol,

search and rescue operations, sky advertising, etc.;

1.0.24. Operational Requirements - shall mean any

permits or restrictions attached to the Operator’s

certificate which refer to the operation of Aircraft, aircraft

personnel, routes, aerodromes, maintenance service, air

transportation activities, replacement of material

equipment, weights and centre-of-gravity positions of

Aircraft;

1.0.25. Flight Safety - shall mean the flights free of

any Aviation Accidents (catastrophes) or Incidents which

4

do not cause any harm to human life, health or damage

to property and, in general, cause no discomfort at all;

1.0.26. Flight Time - shall mean the total flight time

that commences when an aircraft moves under its own

power for the purpose of flight and ends when the aircraft

comes to rest after landing.

Article 2. Aviation Legislation

Aviation legislation consists of the Constitution of

the Republic of Azerbaijan, this Law, and other legal acts

and relevant international agreements to which the

Republic of Azerbaijan is a party.

Article 3. The Sovereignty of the Republic of

Azerbaijan over Airspace

3.1. The airspace of the Republic of Azerbaijan is a

constituent part of the territory of the Republic of

Azerbaijan.

3.2. The Republic of Azerbaijan has full and

exclusive sovereignty over the airspace above its

territory.

3.3. This Law applies to aircraft owned by the

Republic of Azerbaijan and located outside the Republic

of Azerbaijan, to the extent that it does not contradict the

laws of any state in or above the territory of which such

aircraft are located at any given time.

Article 4. The State’s Functions in Aviation

4.0. The State’s functions in aviation shall be as

follows:

4.0.1. Regulation of flight safety and aviation

security, monitoring safety and compliance, ensuring that

aviation security and related ground facilities and

5

services comply with international standards and

recommendedinternationalpractice(international

requirements);

4.0.2. Adoption and application of the State

Programme for Aviation Security (the State Programme

for the Protection of Aviation against Unlawful

Interference);

4.0.3. Ensuring service support of air traffic, and

aviation telecommunications and aviation information

services;

4.0.4. Regulation and control over the operation of

airports, aerodromes, aviation organizations and air traffic

service systems;

4.0.5. Mandatory certification of all individuals and

legal entities involved in aviation activity, as well as

aviation equipment in accordance with this Law and

international requirements;

4.0.6. Reviews of individuals and legal entities

involved in aviation activity and initiation of measures to

eliminate any violations discovered;

4.0.7. Investigation of aviation accidents (air

crashes) and incidents, and distribution of information to

the aviation community for the purpose of preventing

aviation accidents (air crashes) and incidents;

4.0.8. Regulation and coordination of aviation-

related search-and-rescue operations;

4.0.9. Adoption of regulatory acts in the sphere of

aviation and control over their execution.

Article 5. Types of Aviation

5.1. The aviation sector of the Republic of

Azerbaijan shall be subdivided into civil, state and

experimental aviation.

5.2. Civil aviation means aviation intended to meet

6

the needs of the economy, the public, including specific

individuals, or aviation activity of a special nature. Civil

aviation involving the fee-based carriage of passengers,

baggage, cargo and mail shall be deemed commercial

aviation.

5.3. Aviation used to conduct research, design and

development or to test aircraft and related equipment

shall be deemed experimental aviation.

5.4. Aviation for military purposes or national

security, internal affairs, border service, customs or other

government needs shall be deemed state aviation.

5.5. The relevant government authorities establish

the rules regulating the use of experimental and state

aviation for commercial purposes.

5.6. Government control in the sphere of civil,

experimental and state aviation shall be exercised by the

relevant government authority.

5.7. The powers of the government authority

responsible for state control in the spheres of civil and

experimental aviation shall be specified in regulations

approved by the relevant government authority.

Article 6. General Requirements for

Aviation Operations

6.1. Legal entities and individuals holding

documents certifying their rights as established herein

and by other legal acts may operate in the field of

aviation.

6.2. Except as provided for in articles 6.3 and 6.4 of

this Law, aviation activities shall be carried out by

Azerbaijani-owned aircraft.

6.3. Civil foreign-owned aircraft may only fly in the

airspace of the Republic of Azerbaijan after concluding

an agreement between the Republic of Azerbaijan and

7

once the foreign state in question has been given the

right to perform such flights, or in accordance with special

permission granted by the relevant government authority.

This rule shall also apply to aircraft intended for joint use

or registered as international aircraft.

6.4. Government aircraft belonging to a foreign

state may only fly within the airspace of Azerbaijan on the

basis of a special permit issued by the relevant

government authority and in compliance with the terms

and conditions stipulated therein.

6.5. Aircraft may not perform supersonic flights in

the airspace of the Republic of Azerbaijan without a

special permit from the relevant government authority.

6.6. Any aircraft shall be regarded as an intruder if

it crosses the state border of the Republic of Azerbaijan

without permission as defined in sections 6.3-6.5 of this

Law, violates the overflight rules concerning the border of

the Republic of Azerbaijan, or commits other violations

related to controlling the airspace of the Republic of

Azerbaijan. Such an aircraft may be compelled to land at

the request of the relevant government authority. After

landing and determining the reasons for the violation, the

intruding aircraft may be granted permission to proceed

with its flight, as specified in sections 6.3-6.5 above. Any

aircraft that fails to comply with the compulsory landing

requirement specified herein may be destroyed as

prescribed by Law, provided that there is no reliable

information suggesting that passengers on board are not

involved in the violation.

8

Chapter II

The Use of Airspace, Flight Rules,

Air Traffic Service,

Airports, Aerodromes, Search and Rescue

Article 7. The Use of Air Space and Flight Rules

7.1. The relevant government authority shall

organize, distribute and control airspace to ensure the

effective use of the airspace of the Republic of

Azerbaijan.

7.2. The relevant government authority shall

establish the rules regulating the use of airspace and

flights, taking into account any relevant international

requirements.

7.3. Flight rules for military aircraft must to create

threats for foreign states or civil and experimental aircraft.

7.4. When necessary, the relevant government

authority may designate certain airspace as prohibited or

restricted zones for civil aviation, given national interests

and the proposals of other government authorities. Such

prohibitions and restrictions are null and void, once the

circumstances giving rise to them have been removed.

Article 8. Air Traffic Service

8.1. Air traffic service for all types of aviation in the

airspace of Azerbaijan shall be performed under

international requirements in the form of zone (route)

control.

8.2. Aerodromes used for regular international and

domestic commercial flights shall be declared

aerodromes under control, where air traffic control

service shall be provided in the form of aerodrome and

approach control. For military aircraft or in the interests of

9

flight safety, the relevant government authority may

designate a different aerodrome as an aerodrome under

control. Adequately controlled airspace shall be provided

for such aerodromes.

8.3. During peacetime, air traffic service within the

airspace of Azerbaijan shall be provided jointly for civil,

experimental and state aircraft, except for airspace

designated for military flight operations.

8.4. The relevant government authority shall

organize air traffic services in accordance with

international requirements and adopt the required

regulatory documents related to air traffic service to

ensure optimal aviation safety.

8.5. Air traffic service, including meteorological

service, shall be provided by appropriate providers with

the consent of the relevant government authority.

Meteorological support for flight safety shall be provided

on the basis of requirements set forth by the relevant

government authority.

8.6. Only persons holding an air traffic controller’s

certificate issued by the relevant government authority

may serve as air traffic controllers. The relevant

government authority shall establish the rules regulating

the issue of certificates to air traffic controllers.

8.7. The relevant government authority has the

right to observe and inspect the quality of air traffic

services and support equipment. For military aircraft such

observations and inspections shall be coordinated with

the personnel of the relevant government authority.

8.8. To ensure more effective air traffic service and

air traffic control for international flights, the relevant

government authority of the Republic of Azerbaijan may

control air traffic involving foreign-owned aircraft, and the

relevant government authority of a foreign state (or

10

international organization) shall exercise control over

aircraft owned by the Republic of Azerbaijan, provided

that the international agreement entered into by the

Republic of Azerbaijan and between the Republic of

Azerbaijan and any such state (or international

organization) explicitly stipulates the terms and

procedures for such control, as well as the limitation of

zones and altitudes within which such control shall be

exercised.

8.9. For the purpose of servicing civil aviation the

relevant government authority shall provide air navigation

and communication systems with necessary equipment

and facilities and guarantee that they are in working

condition, undergo maintenance and are subject to

inspection. The supply of such facilities and provision of

such services shall be carried out by third-party

organizations with the consent of the relevant

government authority.

8.10. Air navigation information service shall be

provided in accordance with relevant international

agreements to which the Republic of Azerbaijan is a

party. Such services shall be provided by the relevant

government authority or some other organization

empowered by the authority as prescribed by law.

Officials of the relevant government authority or

corresponding organization providing air navigation

information services shall be responsible for the reliability

and accuracy of information, and the legal entities and

individuals providing such information shall also bear

responsibility for the timely provision of the information to

the relevant government authority as prescribed by law.

8.11. The relevant government authority shall

coordinate activities in order to provide effective air traffic

service for military aircraft or ensure adequate service

11

during peacetime.

Article 9. Airports and Aerodromes

9.1. Airports and aerodromes may be owned by the

state, municipal authorities, or private parties, except as

provided for as follows: International and military

aerodromes shall be strategic assets owned by the state.

9.2. Management and operation of an airport owned

by the state shall be carried out as prescribed by the

relevant government authority, and the development of

the airport shall be performed in accordance with the

plans approved by the relevant government authority.

9.3. All airports and aerodromes shall be certified

by the relevant government authority in the interests of

compliance with the following requirements:

9.3.1. Any person applying for certification shall be

an owner, lessee or user of an airport;

9.3.2 The physical characteristics and auxiliary

elements of an airport, as well as adjacent areas,

buildings, structures and their markings must meet

international requirements for the aircraft designated to

use the airport;

9.3.3. The navigation and landing facilities,

telecommunications equipment and electrical generating

system of an airport must be sufficient for its operation;

9.3.4. Air traffic control at an airport and associated

services shall be provided in accordance with Article 8 of

this Law;

9.3.5. Meteorological services provided at an

airport shall comply with the requirements set forth by the

relevant government authority;

9.3.6. An airport aviation safety programme shall

be adopted on the basis of Article 43.2 of this Law;

9.3.7. Airports must have an approved action plan

12

for airport emergencies;

9.3.8. Appropriate fire fighting and search and

rescue services must be available;

9.3.9. Applicants must present a report describing

the airport’s operating procedures for services related to

flight safety at the airport;

9.3.10. Adequate control shall be established in

coordination with the relevant government authority to

prevent construction of tall buildings, other structures,

and installation of misleading lighting which could create

a threat to air traffic.

During certification, official instructions may be

given and restrictions or airport operations may be set, if

required for flight or aviation safety, with a certificate of

airport compliance issued as a result.

9.4. The authority issuing an airport compliance

certificate may require presentation of documents

confirming the competence of employees providing

ground services for aviation to ensure flight or aviation

security. In such cases the relevant government authority

shall define the criteria of the required competence. The

holder of an airport compliance certificate, having

ascertained the abilities of those rendering ground

services, shall present documents confirming the

required level of competence.

9.5. The provisions of Article 31.4 hereof also apply

to individuals rendering aviation services and ground

services at airports.

9.6. The relevant government authority issuing a

certificate of compliance to an airport shall inspect and

supervise the airport, ground service facilities, and other

international and state aviation services. The relevant

government authority shall have free access to all

relevant service facilities and documentation kept by

13

organizations providing such facilities and services.

9.7. In the event of non-compliance by a certified

airport with set requirements, the executive authority that

issued the certificate shall require the airport owner to

eliminate the shortcomings within a given period of time,

provided that no harm to flight and aviation security is

caused. If necessary, appropriate restrictions may be

imposed on the airport for the same period. If the

shortcomings are not eliminated within the established

time period the executive authority who issued the

compliance certificate has the right to cancel the

certificate.

9.8. All civil, experimental and state aerodromes

are subject to registration in the Aerodromes State

Register maintained by the relevant government

authority.Stateregistrationofmultiple-service

aerodromes shall be carried out according to procedures

established by the relevant government authority.

9.9. Design, construction and development of cities

and other populated areas, as well as construction and

reconstruction of industrial, agricultural and other objects

in areas adjacent to an aerodrome shall be carried out in

coordination with the relevant government authority

based on aircraft flight safety requirements and taking

into account potential adverse effects on public health

and the operation of organizations.

9.10. The relevant government authority shall

provide for the construction, reconstruction, improvement

and operation of access roads to airports (aerodromes),

regular passenger transportation on roads, and

telephone communications connecting cities and other

populated areas with airports.

14

Article 10. Search and Rescue

10.1. To ensure assistance to distressed aircraft

and the survivors of aviation accidents (air crashes), the

relevant government authority, taking into account the

requirements of relevant international agreements to

which the Republic of Azerbaijan is a party, shall arrange

and conduct search and rescue operations in the

Republic of Azerbaijan, including inland waters and

adjacent areas within the boundaries of the search and

rescue area.

10.2. The relevant government authority shall

establish a search and rescue coordination centre.

Similar services shall be established at airports.

10.3. The relevant government authority, local air

traffic service organizations and all airports, within the

limits of their authority, shall provide support to the

Unified Search and Rescue Coordination Centre, submit

necessary documents (information) as required by the

centre, and take any other requisite actions.

10.4. The aircraft owner or operator, aircraft crew,

airport and aerodrome personnel, and personnel of the

relevant government authority shall take part in search

and rescue operations. To facilitate the investigation of

aviation accidents (air crashes) and incidents the search

and rescue division shall be supported, if possible, by

specially trained experts.

10.5. Prior to the arrival at the site of the Aviation

Accidents (Air Crashes) and Incidents Investigation

Commission, established under Article 11.4 hereof, or

representatives of the relevant government authority,

aircraft components are not to be moved except to the

extent necessary to rescue survivors and remove the

dead.

15

10.6. No aircraft components or items (cargo,

luggage) carried by the aircraft and discovered at the site

of the aircraft accident (air crash) shall be taken away or

moved without the permission of the commission

investigating the aircraft accident (air crash) or incident.

All aircraft components removed to save human lives or

for other valid reasons shall be left at the site of the

accident. Any person handling aircraft components

(personal property, etc.) during search and rescue

operations shall notify the commission of this fact.

10.7. If the measures taken to search for an aircraft

yield no results, the relevant government authority may,

with the consent of aircraft owner or operator, authorize

termination of the search.

The decision to terminate a search in the Republic

of Azerbaijan for foreign-owned aircraft shall be made by

the relevant government authority.

10.8. The relevant government authority shall

define the rules for establishing search and rescue

services and conducting search and rescue operations in

aviation.

Chapter III

Investigation of Aviation Accidents

(Air Crashes) and Incidents

Article 11. Organization and Conduct of

Investigations of Aviation Accidents (Air crashes)

and Incidents

11.1. The reasons for every aviation accident (air

crash) and incident shall be investigated. The primary

purpose of accident (air crash) and incident investigations

shall be prevention. The purpose of such investigation

shall not be to identify guilty parties and hold them liable.

16

11.2. If an aircraft accident (air crash) or incident in

the Republic of Azerbaijan involves an foreign-owned

aircraft, the representatives of the state where the aircraft

is registered, manufactured or operated may participate

in the investigation. Such representatives shall advise the

relevant authorities of their state and the relevant

individuals and legal entities of the results of the

investigation.

11.3. In the event an aircraft accident or incident

involving an aircraft owned by the Republic of Azerbaijan

in the territory of a foreign state, the relevant government

authority shall apply to the relevant state authority where

the accident has occurred to clarify possible participation

of representatives of the Republic of Azerbaijan in the

investigation of the accident (air crash) or incident.

11.4. Unless the relevant government authority

decides otherwise on an ad-hoc basis, the investigation

of aircraft accidents (air crashes) and incidents shall be

conducted by the commission established by the relevant

government authorities. Representatives of the relevant

state agencies may be allowed to participate in the work

of the commission.

11.5. The commission has the authority to bring in

appropriate experts, obtain documents (information)

deemed important for the investigation and exercise other

powers required to perform its assigned tasks. The

government authority establishing the commission may

request the support of the relevant agencies of a foreign

state, if necessary.

11.6. The work of the commission investigating

aviation accidents (air crashes) and incidents shall be

carried out under the rules set forth by the relevant

government authority.

17

Article 12. Report on the Results of

Investigations of Aviation Accidents (Air crashes)

and Incidents

12.1. The commission investigating aircraft

accidents (air crashes) and incidents shall compile a

report on the results of its investigation and submit it to

the relevant government authority.

12.2. The government authority establishing the

commission shall take specific measures based on the

results of the report submitted.

Article 13. Support for Investigations of Aviation

Accidents (Air Crashes) and Incidents

13.1. To support the commission investigating

aviation accidents (air crashes) and incidents relevant

state agencies and local authorities, within the limits of

their authority, are to:

13.1.1. Ensure the availability of the required

workforce and facilities, appropriate clothing, natural

means of protection, vehicles and communications, and

all necessary items and materials;

13.1.2. Provide accommodations and meals;

13.1.3. Arrange the safeguarding of the accident

(air crash) or incident site;

13.1.4. Create safe working conditions at the site of

the aircraft accident;

13.1.5. Arrange transportation of aviation

equipment and other necessary measures.

13.2. Costs associated with the work of the

commission investigating aviation accident shall be

covered from the state budget and the funds of relevant

civil aviation organizations. These expenses shall be

reimbursed later with funds collected from those liable for

18

the aviation accident, as prescribed by law. Operations

related to the investigation of aviation accidents (air

crashes) and incidents shall be financed according to

procedures established by the relevant government

authority.

Chapter IV

State Registration and State Register,

National Identity and Aircraft Markings

Article 14. State Registration of Aircraft

14.1. The relevant government authority shall

register all aircraft in the state register following the

procedures stipulated in this Chapter.

14.2. The relevant government authority shall lay

down the rules for maintaining the state registration of

aircraft.

Article 15. Terms and Conditions of the State

Registration of Aircraft

15.1. An aircraft shall be eligible for registration in

the Republic of Azerbaijan under the following conditions:

15.1.1. If an aircraft is owned by the Republic of

Azerbaijan or by individuals or legal entities of the

Republic of Azerbaijan;

15.1.2. If an aircraft has a certificate of

airworthiness issued in accordance with the procedures

established hereby or by equivalent documents issued by

a foreign state and recognized by the Republic of

Azerbaijan;

15.1.3. If an aircraft is not registered in a foreign

state.

15.2. An aircraft owner or its agent designated in

the manner prescribed by law shall file an application for

19

the state registration of aircraft. The application shall be

supported by documents certifying that the applicant is

the aircraft’s owner and that the terms and conditions

outlined in Article 15.1 above are observed.

15.3. If an aircraft is based in a foreign state but

owned by any entity of the Republic of Azerbaijan as

stipulated in Article 5.1 above, such an aircraft may be

temporarily registered in the Republic of Azerbaijan as

prescribed by law.

15.4. The State Aircraft Register shall include the

following:

15.4.1. The aircraft type;

15.4.2. The aircraft owner;

15.4.3. The aircraft operator;

15.4.4. Information on whether an aircraft is being

used as a security;

15.4.5. Other rights to the aircraft.

Article 16. Removal of Aircraft from the

State Register

16.0. Aircraft shall be removed from the State

Register in the following cases:

16.0.1. By the request of the aircraft owner or its

lawfully designated agent;

16.0.2. In case of failure to comply with articles

15.1.1 and 15.1.3 above;

16.0.3. In case of aircraft being depreciated,

destroyed (demolished) or lost, following the termination

of a search;

16.0.4. If an aircraft has been operated with an

invalid airworthiness certificate during the past three

years, unless the aircraft owner provides proof that the

aircraft is airworthy.

20

Article 17. Aircraft National identity and

Certificate of State Registration

17.1. Aircraft registered in the Republic of

Azerbaijan belong to the Republic of Azerbaijan. The

relevant government authority maintaining the State

Aircraft Registrar shall issue certificates of national

identity and state registration for aircraft.

17.2. An aircraft temporarily registered in the

Republic of Azerbaijan shall belong to the Republic of

Azerbaijan while the temporary state registration is in

force. The government authority maintaining the State

Aircraft Register issues certificates of national identity

and state registration for aircraft effective during the

specified period.

17.3. If the title to an aircraft is transferred to a new

owner as prescribed by law, the government authority

maintaining the State Aircraft Register shall issue a new

certificate of state registration and cancel the old one.

The cancelled certificate shall be returned to the relevant

government authority.

17.4. The registration certification for aircraft

removed from the State Register shall be returned to the

government authority maintaining the state registration of

aircraft.

17.5. Foreign-owned aircraft ownership must hold a

certificate of registration issued by the State Aircraft

Registrar.

Article 18. National and Registration Markings

18.1. The national marking assigned to the Republic

of Azerbaijan by the International Civil Aviation

Organization and the registration marking designated by

the relevant government authority shall be affixed to

21

aircraft registered or temporarily entered into the State

Aircraft Register.

18.2. The relevant government authority shall draw

up rules governing the affixation of national and

registration markings to aircraft.

18.3. The markings of foreign-owned aircraft used

in the Republic of Azerbaijan shall comply with the rules

set out in the state where the aircraft is registered.

Chapter V

Aircraft Airworthiness and Compliance with

Environmental Protection Requirements

Article 19. General Rules for Aircraft

Compliance with Airworthiness and Environmental

Protection Requirements

19.1. Aircraft operated in the Republic of Azerbaijan

must be in airworthy condition and comply with

environmental requirements. An aircraft must have a

certificate of airworthiness (unless otherwise stipulated in

Article 23 below) and a certificate of compliance with

environmental protection requirements.

19.1.1. Aircraft may be deemed to be in airworthy

condition if their design, equipment, maintenance and

flight parameters meet flight safety standards.

19.1.2. Aircraft can be deemed to comply with

environmental protection standards if they cause no

excessive disturbance to the public through air pollution,

noise pollution or otherwise.

19.2. Documents equivalent to documents of

airworthiness and environmental compliance issued for

aircraft owned by a foreign state and operated within the

territory of the Republic of Azerbaijan shall be deemed

22

valid after being recognized by the Republic of

Azerbaijan.

19.3. The relevant government authority shall lay

down the rules governing the issuance of certificates of

airworthiness and environmental protection, as well as

the rules governing the recognition of equivalent

documents issued by a foreign state.

Article 20. Monitoring Airworthiness and

Aircraft Certification

20.1. The relevant government authority shall

monitor the airworthiness of aircraft and related

aeronautical products.

20.2. Any amendments related to aircraft operation

shall be entered on the certificate of airworthiness as

described herein. That certificate guarantees the

technical compliance of the aircraft's condition with air

transportation requirements for the period until the next

scheduled maintenance check. The certificate may be

renewed without amendment, provided that the aircraft is

in safe operating condition.

20.3. The government authority issuing the

certificate of airworthiness shall inspect the aircraft for its

airworthiness, the reports provided by the aircraft's owner

or operator regarding current maintenance, other

technical work, current maintenance documents and test

flight results, and shall conduct a technical inspection of

the aircraft.

20.4. During the term of validity of the certificate of

airworthiness, aircraft airworthiness shall be inspected at

the initiative of the government authority responsible for

monitoring airworthiness or pursuant to the submission of

an application by the aircraft’s owner or operator.

20.5. Persons involved in the inspection of aircraft

23

airworthiness shall have unrestricted access to all the

premises of the owner or operator as well as to the

aircraft both on the ground and in flight with a view to

obtaininginformationregardingtheaircraft's

airworthiness, maintenance, any changes or overhauling

and operation.

20.6. An aircraft’s owner and operator shall provide

support to persons conducting airworthiness inspection. If

necessary, test flights may be performed under the

control of such persons.

20.7. An aircraft’s owner or operator shall

immediately and in detail notify the relevant government

authority of any accidents and defects related to

airworthiness.

Article 21. Invalidation, Suspension and

Cancellation of Airworthiness Certificates

21.1. The relevant government authority shall deem

a certificate of airworthiness invalid if:

21.1.1. Maintenance is not performed in the

prescribed manner;

21.1.2. Changes required by the aircraft designer or

manufacturer have not been made;

21.1.3. Changes limiting the aircraft's airworthiness

have been made without permission;

21.1.4. Airworthiness is not confirmed. The relevant

government authority may deem an airworthiness

certificate valid again as soon as the shortcomings set

out in this section have been remedied.

21.2. The government authority monitoring

airworthiness shall suspend a certificate of airworthiness

until aircraft airworthiness is confirmed.

21.3. The government authority monitoring

airworthiness shall cancel a certificate of airworthiness if

24

an aircraft is removed from the State Register for reasons

given in Article 16.0 hereof. The cancelled certificate shall

be returned to the relevant government authority.

Article 22. Airworthiness of Foreign-Owned

Aircraft

22.1. An inspection in the Republic of Azerbaijan of

the airworthiness of foreign-owned aircraft shall be

required in the following cases:

22.1.1. When applying for acceptance of the

document of aircraft airworthiness;

22.1.2. When applying for permission to perform

flights within the airspace of the Republic of Azerbaijan (if

such permission is required).

22.2. An inspection of the airworthiness of foreign-

owned aircraft shall be carried out in the following cases:

22.2.1. In case doubts subsist regarding an

aircraft’s airworthiness;

22.2.2. In response to an application by an aircraft

owner or operator;

22.2.3. In response to an application by the

government authority that is responsible for monitoring

airworthiness in a foreign state.

22.3. The government authority monitoring

airworthiness shall prohibit take-off by any foreign-owned

aircraft if it has been determined that said aircraft is not in

airworthy condition or has been damaged in a way that

may affect its airworthiness. In such situations the

government authority monitoring airworthiness shall notify

the authorized agency in the state of registry of the

aircraft’s condition and the decision made. If the

authorized agency in the foreign state where the aircraft

is owned determines that the aircraft is in a condition

commensurate with safe operation, the government

25

authority monitoring airworthiness may provide clearance

for take-off.

In cases where the authorized body of a foreign

state concludes that an aircraft should overfly a certain

destination for an overhaul, the government authority

monitoring airworthiness may provide clearance for the

aircraft to take off, subject to specified conditions. The

aircraft may not carry any passengers during such flights.

Article 23. Special Flight Permission

In cases where the government authority monitoring

aircraft airworthiness considers an aircraft is safe to fly

with certain restrictions, but cannot be issued a certificate

of airworthiness, said aircraft may be granted special

permission to fly within the territory of the Republic of

Azerbaijan. Special flight permission may be granted for

air ferry services, test flights and other special-purpose

flights.

Article 24. Environmental Protection

Compliance Certificates Issued to Aircraft

Environmental protection compliance certificate are

issued to aircraft in conformity with articles 20-22 hereof.

Article 25. Manufacture, Overhaul of Aircraft and

Aeronautical Elements, Technical Maintenance and

Modification

25.1. Only persons holding an engineer’s

(technician’s) licence (certificate) issued by the relevant

government authority may manufacture, overhaul and

maintain aircraft and the aeronautical products thereof

(i.e. perform work necessary to maintain the aircraft's

airworthiness, including checks and recovery work

performed separately or jointly, as well as inspections

26

and elimination of defects) and making changes

(replacement or modification). Other persons may

perform such work only if monitored by persons in

possession of the aforementioned documents.

25.2. The government authority issuing licences

(certificates) to engineers (technicians) shall regularly

monitor the operations of document holders. For this

purpose the relevant government authority is entitled to

free access to the offices, equipment and all documents

(information) possessed by the licence holders.

25.3. The relevant government authority may

cancel engineers’ (technicians’) licences (certificates) if

the licence holders fail to observe the terms and

conditions stipulated therein or are unable to comply with

the requirements specified therein.

A cancelled licence (certificate) shall be returned to

the relevant government authority.

25.4. The holders of equivalent documents issued

by a foreign state may perform relevant work on aircraft

and related aeronautical products owned by Azerbaijan, if

the relevant government authority accepts these

documents.

25.5. The relevant government authority shall lay

down the rules governing the issuance of licences

(certificates) to engineers (technicians) entitling them to

manufacture, overhaul and maintain aircraft and related

aeronautical products, make required changes, and shall

be responsible for the acceptance of equivalent

documents issued by a foreign state.

27

Chapter VI

Aeronautical Personnel

Article 26. Requirements for Aeronautical

Personnel

26.1. Aircraft owners or operators shall staff aircraft

with qualified personnel. A person who does not hold a

licence (certificate) issued by the relevant government

authority or a corresponding document issued by a

foreign state and deemed valid by the relevant

government authority may not serve as a pilot, flight

engineer or navigator on an aircraft.

26.2. The relevant government authority shall lay

down the rules governing the staffing of aircraft with

aeronautical personnel, the issuance of licences

(certificates) to personnel and the acceptance of

corresponding documents issued by a foreign state.

26.3. Any licencee (certificate) holder shall

immediately notify the authority issuing such documents

of any circumstances affecting documents' validity.

Article 27. Register of Licenses (Certificates) of

Aeronautical Personnel

The authority issuing licences (certificates) to

aeronautical personnel shall maintain the Register for

these documents. The information about equivalent

documents issued by a fo-reign state and lawfully

recognized shall also be included in the Register.

Article 28. Revocation and Suspension of the

Licences (Certificates) of Aeronautical Personnel

28.1. The government authority issuing licences

(certificates) to aviation personnel shall be entitled to

28

revoke said licences if:

28.1.1. The licence (certificate) holder fails to

comply with the rules governing flight safety or aviation

security or is negligent in their respect;

28.1.2. The holder has repeatedly violated

provisions of the Aviation Law;

28.1.3. The holder is deemed ineligible to

discharge duties on board aircraft for medical or

psychological reasons or due to insufficient professional

qualifications (specialization);

28.1.4. The holder has been condemned by a court

of law, preventing them from discharging their

professional duties. Revoked licenses (certificates) must

be returned to the relevant government authority.

28.2. The authority that issued a licence

(certificate) to aeronautical personnel may suspend the

validity thereof until a final verdict has been reached in

the cases outlined in Article 28.1 above.

Article 29. Tests and Studies

Before recognizing a licence (certificate) issued to

aeronautical personnel, the government authority issuing

the document may require the licence (certificate) holder

to take theoretical or practical tests and undergo medical

or psychological examinations to determine their

professional qualifications and competence.

Article 30. Training and Special Flights

The relevant government authority may make

exceptions to the provisions of this Chapter for the

purposes of training and special flights.

29

Chapter VII

Flight Crew and Captain (Pilot in Command)

Article 31. Flight Crew, Duties and Powers of

Crew Members

31.1. Aircraft owners or operators shall ensure that

aircraft are staffed by qualified crew members.

31.2. All aircraft crew members shall perform their

duties properly and carry out any instructions issued to

them by their aircraft command.

31.3. Every crew member may refuse to perform

certain duties related to the flight of their aircraft if there

are reasonable doubts about the favorable termination of

their flight.

31.4. Any crew member who, prior to the flight, has

used alcohol, drugs or any medicines that may affect the

safe operation of the flight, or any crew member who

suffers from the after-effects of a disease, fatigue or any

other cause that may affect flight safety or aviation

security, may not discharge their duties on board.

Article 32. Rights and Responsibilities of

Captains (Pilots in Command)

32.1. Aircraft captains (pilots in command) are

responsible for the aircraft’s flight and its safety during

the flight.

32.2. The captain (pilot in command) and first officer

shall be appointed by the aircraft owner or its operator as

agreed with the owner.

32.3. When an aircraft is not airborne and when the

captain (pilot in command) and first officer are not on

board, the pilot with the highest qualifications shall serve

as the acting captain (pilot in command). When no pilots

30

are on board, the senior crew member shall serve as

acting captain.

32.4. The duties of the captain (pilot in command)

include the following:

32.4.1. To ensure before the flight that the aircraft is

in airworthy condition and is properly prepared for flight,

is properly staffed and loaded, and that pre-flight

procedures are carried out in the required manner;

32.4.2. To perform the flight in a proper manner,

monitoring the aircraft's airworthiness during the flight

and informing the relevant government authority of any

circumstances and malfunctions that could endanger the

aircraft's airworthiness;

32.4.3. To notify the relevant government authority

immediately about an aviation accident (air crash) or

incident in the prescribed manner (whereby the relevant

government authority shall lay down the procedures for

communicating such information);

32.4.4. To take proper care of all passengers,

luggage and cargo on board;

32.4.5. To ensure that the requisite flight safety

documents are on board and that all necessary entries

are duly made therein.

32.4.6. To immediately leave any zone prohibited

for flying as soon as it has become clear that the aircraft

has entered such a zone;

32.4.7. To immediately inform air traffic control of

the any inability on the part of the pilot in command to

discharge their duties properly in the interests of aircraft

safety or for any other objective reason: upon concluding

the flight, the captain shall immediately inform the

aircraft’s owner or operator of the causes of the incident;

32.4.8. If possible to immediately take any

measures required to investigate unlawful acts occurring

31

on board the aircraft, prevent offenders from escaping,

detain offenders and hand them over to the authorities as

soon as possible in the manner prescribed by law, as well

as submit all information about the incident.

32.5. A captain (pilot in command) shall be entitled:

32.5.1. To make final decisions about the departure,

flight and landing of an aircraft, the termination of a flight,

returning to the point of departure or making an

emergency landing;

32.5.2. To immediately inform air traffic control of

any actions taken in response to a clear threat to flight

safety or for the purpose of saving passengers' lives; to

make decisions not specified in the flight plan or

instructions issued by the relevant government authority,

but that are, if possible, in accordance with the rules

governing flights;

32.5.3. Depending on the circumstances and in the

interests of flight safety, to refuse to take on board certain

crew members, passengers or cargo or require them to

leave or be removed from the aircraft;

32.5.4. To take steps to prevent danger if the

aircraft suffers distress, is exposed to danger, or

becomes uncontrollable;

32.5.5. To take all possible measures to restore

order and prevent danger to aircraft, passengers or

property, if any person on board jeopardizes the aircraft,

flight safety or aviation security, and apply force if it

appears impossible to resolve the problem by any other

method;

32.6. Except for cases provided for in Article 31.3

above, each crew member shall follow the orders issued

by the captain (pilot in command) with regard to flight

safety and give the captain (pilot in command) their full

support in the performance of their duties without being

32

specifically asked to do so by the captain. Passengers

may provide such assistance, through any crew member,

in response to a request by the captain (pilot in

command). Passengers shall carry out the captain’s

commands to restore order on board the aircraft and

ensure flight safety and aviation security.

32.7. The provisions of this Chapter also apply to

captains (pilots in command) of aircraft of a foreign state

operating in the Republic of Azerbaijan.

Chapter VIII

Civil Aircraft Operation

Article 33. Right to Operate Aircraft

33.1. Legal entities and individuals holding an

operator’s certificate shall be allowed to operate aircraft

for a fee.

33.2. Any person lawfully leasing aircraft must hold

an aircraft operator’s certificate.

Article 34. Aircraft Operator’s Certificate and

Operational Requirements

34.1. The relevant government authority shall issue

aircraft operator’s certificates to legal entities and

individuals of the Republic of Azerbaijan. If the relevant

government authority lawfully recognizes documents

issued by a foreign state, the holder of said documents

may perform flights from foreign states to and from the

Republic of Azerbaijan and perform flights within

Azerbaijan.

34.2. The government authority issuing the

operator’s certificate and outlining in detail all the

requirements applicable to the certificate and all

33

authorized actions shall be responsible for defining

operational requirements. The holder of an operator’s

certificate shall inform the government authority issuing

the certificate of any changes that might influence

circumstances related to operational requirements or the

issuance of the certificate. If necessary, the government

authority shall amend the respective operational

requirements. Such amendments shall be invalid unless

entered on the operator’s certificate or added to their

operational requirements.

34.3. The relevant government authority shall lay

down the rules for the issuance of aircraft operator’s

certificates and the acceptance of equivalent documents

issued by a foreign state, as well as the requirements for

operator’s certificates for different types of aircraft to

ensure the safety of air transport.

Article 35. Air Shows and Competitive Flights

35.0. The relevant government authority may grant

special permission for air shows, competitive flights and

related training in neutral airspace under the following

conditions:

35.0.1. If environmental protection requirements are

met;

35.0.2. If no threat to people’s lives and health

results.

Article 36. Supervision and Inspection of

Operators’ Activities

The relevant government authority shall supervise

adherence to the terms and conditions of certificates and

permissions by operators and conduct inspections for this

purpose. Persons involved in such inspections shall have

free access to aircraft, offices, facilities, employees and

34

departments of the operator, as well as to all documents

(information) related to aircraft operation.

Article 37. Suspension or Cancellation of

Operators’ Certificates

If any violations in an operator’s activities are

revealed, the authority issuing the operator’s certificate

shall suspend said certificate until all violations have

been eliminated.

The relevant government authority shall cancel an

operator’s certificate if the revealed violations are not

eliminated within a set period of time. The cancelled

certificate shall then be returned to the relevant

government authority.

Alternatively, additional restrictions may be imposed

on an operator’s activity and in the interests of flight

safety.

Article 38. Scheduled Flights

38.1. The relevant government authority shall issue

licenses to the holders of operator’s certificates to

perform international and domestic scheduled flights.

38.2. If a document similar to the operator’s

certificate issued by a foreign state is recognized under

Article 34.1 above, the relevant government authority

may allow the holder to perform scheduled flights. In such

cases, along with the license (permit) the relevant

government authority may issue a written instruction

specifying the terms and conditions applicable to the

respective aviation services and approve traffic

programmes and tariffs as required by relevant

international agreements to which Azerbaijan is a party.

35

Article 39. Charter Flights

39.1. Operators holding certificates authorizing

them to perform scheduled flights under Article 38.1

above may also perform charter flights without requiring

any additional permits.

39.2. If a document equivalent to the operator’s

certificate issued by a foreign state is recognized under

Article 34.1 above, the relevant government authority

may issue a permit to perform charter air flights along

with scheduled flights and establish appropriate

requirements.

Article 40. Mandatory Insurance Requirement

40.1. Operators who fail to provide mandatory

insurance coverage in the manner proscribed by law for

damage arising from the operation of aircraft shall be

prohibited from using aircraft for flights.

40.2. All operators performing flights to the Republic

of Azerbaijan from foreign countries, flights from the

Republic of Azerbaijan to foreign states or flights within

Azerbaijan shall be required to take out mandatory

insurance providing the following types of cover for

damage arising from the use of aircraft and during

aviation activity:

40.2.1. Liability for any harm done to the life or

health of aircraft crew members;

40.2.2. Liability for any harm done to the life or

health or property of passengers;

40.2.3. Liability for any damage caused to the

property of a consignor or consignee;

40.2.4. Liability for any harm done to the life or

health of third parties.

36

Article 41. Cancellation of Certificates and

Licences Authorizing Flights

41.0.Certificatesandlicencesauthorizing

scheduled and charter flights may be cancelled and

returned to the relevant government authority in the

following cases:

41.0.1. The holder of these documents has failed to

comply with the terms and conditions of the respective

certificates and licences;

41.0.2. The conferred rights are improperly

exercised;

41.0.3. Revealed violations have not been

eliminated within the period set by the relevant

government authority;

41.0.4. Expiration of the term or cancellation of an

operator’s certificate.

Chapter IX

Flight and Aviation Safety

Article 42. Flight safety

42.1. Aircraft owners or operators shall take all

necessary steps to ensure aircraft flight safety.

42.2. The relevant government authorities shall

determine flight safety requirements.

42.3. For the purposes of flight safety the relevant

government authority may demand, through an air traffic

control officer, that a captain (pilot in command)

immediately land at the nearest airport (aerodrome).

42.4. Installation and use of radio equipment on

board aircraft and on the ground for aviation purposes

shall be carried out as prescribed by the relevant

government authority.

37

42.5. The construction of buildings, structures,

communication systems, high voltage power lines, radio-

technical and other objects that may constitute a threat to

aircraft flight safety and interfere with the work of

aerodrome radio-technical facilities must be agreed with

the aerodrome’s owners. Radio frequencies shall be

lawfully provided to ensure radio-technical support to

flights and enable radio communications.

42.6. Individuals and legal entities owning

installations and equipment that interfere with the work of

radio communications and radio-technical flight support

facilities shall eliminate such interference when requested

by the relevant government authority, doing so at their

own expense, and shall stop operating any such

installations or equipment until all such interference is

eliminated.

42.7. The relevant government authority shall

establish the list of documents to be kept on board and

the rules for keeping records therein. The relevant

government authority may check the availability of

documents to be kept on board, as required.

Article 43. Aviation Safety

43.1. The relevant government authority shall adopt

a Government Programme for Aviation Safety in

accordance with relevant international agreements to

which the Republic of Azerbaijan is a party.

43.2. An Aviation Safety Programme shall be

developed under the Government Program for Aviation

Safety specified in Article 43.1 above for each airport

providing services for international and domestic flights.

One of the main requirements for an airport to be issued

a certificate of compliance shall be the availability of an

Aviation Safety Programme. Amendments and addenda

38

to the Aviation Safety Programme shall be entered as

agreed with the government authority which approved the

programme.

43.3. Airport officials are responsible for aviation

safety at the airport, including the provision of aviation

safety services and the availability of necessary

equipment as prescribed by the law.

43.4. Aircraft operators shall develop aviation safety

programmes in compliance with the Government

Programme stipulated in Article 43.1 above.

Article 44. Additional Flight and Aviation Safety

Requirements

44.1. Military equipment (ammunition) and, if

required, potentially and highly dangerous cargo (goods)

other than military equipment (ammunition) shall not be

carried by civil and experimental aircraft unless special

permission is granted by the relevant government

authority, which sets out the list of military equipment

(ammunition) authorized for transportation on civil and

experimental aircraft.

44.2. Weapons and ammunition may be carried in

the passenger area of commercial aircraft only if a

military escort is available and reasonable precautions

are taken.

44.3. In each specific case the relevant government

authority may prohibit an aircraft from flying, if flight or

aviation safety is not observed.

44.4. The relevant government authority shall set

the rules governing compliance with the flight and

aviation safety of gliders or pilotless aircraft or unique

characteristics (qualities) thereof.

39

Chapter X

Air Transportation

Article 45. Regulation of Air Transportation

45.1.Airtransportation(exceptformail

transportation) shall be performed as specified in this

Article.

45.2. Air transportation shall be carried out on the

basis of transportation agreements entered into

according to procedures established by law. The relevant

government authority shall lay down the rules for

executing air transportation agreements and drafting

documents in accordance with relevant international

agreements to which the Republic of Azerbaijan is a

party, and the law.

Article 46. Passenger Tickets

46.1. Passengers shall be carried on the basis of a

ticket issued by a carrier under a transportation

agreement entered into as prescribed by law.

46.2. Passenger air tickets shall include the

following data:

46.2.1. Place and date on which the air ticket was

issued;

46.2.2. Passenger details;

46.2.3. Any points of departure and destination;

46.2.4. If the points of departure and destination are

within the same state, but one or more stops are located

within another state; at least one stop shall be indicated;

46.2.5. Name and address of the carrier;

46.2.6. Air fare;

46.2.7. Notice of the carrier’ liability and limitation of

liability for harm caused to passengers’ life or health and

40

damage caused to their property in accordance with

international agreements, to which the Republic of

Azerbaijan is a party, and the law. The carrier may

include other information on the air ticket at its discretion.

46.3. Pending evidence to the contrary, the

passenger's ticket shall serve as proof of an executed

transportation agreement and specify the terms and

conditions of transportation stipulated in the agreement.

46.4. The validity of the transportation agreement

shall not be affected by a missing, incorrect or lost air

ticket.

46.5. If an unticketed passenger boards an aircraft

with the carrier’s consent, the carrier shall not be

released from its liability regarding harm caused to such

a passenger.

Article 47. Luggage Tickets

47.1. Registered luggage shall be transported on

the basis of a luggage ticket issued by the carrier under a

transportation agreement entered into as prescribed by

law.

47.2. If the luggage ticket is not attached to or

included in the passenger ticket, it shall include luggage

details as specified in Article 46.2 above.

47.3. Pending evidence to the contrary, the luggage

ticket shall serve as proof of luggage registration and

specify the terms and conditions of the transportation of

said luggage.

47.4. The validity of the transportation agreement

shall not be affected by a missing, incorrect or lost

luggage ticket.

47.5. If luggage is transported on board an aircraft

without a luggage ticket with the carrier's consent, the

carrier shall not be released from its liability regarding

41

damage caused to such luggage.

Article 48. Air Waybill and Luggage Tickets

48.1. Air transportation shall be carried out on the

basis of an air waybill issued by the consignor or on the

basis of a luggage ticket issued by the carrier under the

transportation agreement entered into as prescribed by

law.

48.2. An air waybill shall be drawn up by the

consignor and registered by the carrier or the carrier’s

agent appointed in accordance with the law or by the

freight forwarding company. If necessary, the carrier and

its lawfully appointed agent may issue the bill of landing

in addition to the air waybill.

48.3. The signatures of the consignor and carrier

may be replaced by a stamp. The carrier shall sign an air

waybill before loading cargo on board an aircraft.

48.4. If cargo is to be delivered to two or more

destination points, the consignor shall issue separate

airway bills as required by the carrier.

48.5. An air waybill shall contain the following

information:

48.5.1. Name and address of the consignor and

consignee;

48.5.2. Points of departure and destination;

48.5.3. Place and date of loading;

48.5.4. Information relating to cargo packaging

composition and gross weight;

48.5.5. Date of delivery;

48.5.6. Value of any items of jeweler, precious

metals or stones, if available;

48.5.7. For any potentially hazardous cargo on

board, the exact nature of the potential hazard and

precautionary measures usually taken in similar

42

circumstances;

48.5.8. If the points of departure and destination are

within the same state, but one or more stops are located

within another state, at least one stop shall be indicated;

48.5.9. Notice of the carrier’s liability and liability

restrictions for damage to cargo in accordance with

relevant international agreements to which the Republic

of Azerbaijan acts as a party and with the law.

48.6. The consignor shall be liable for any harm

suffered by the carrier or any other individual vis-à-vis

whom the carrier is liable, as a result of incorrect,

inaccurate or incomplete information relating to the cargo

entered on the air waybill by the consignor.

48.7. Pending evidence to the contrary, the air

waybill shall serve as proof of the existence of a

transportation agreement and reflect the terms and

conditions of transportation. Pending evidence to the

contrary, the information in the air waybill related to the

weight, size or cargo packages shall be accepted as

proof.

Information in the air waybill regarding cargo

packages or their size may not be used as proof against

the carrier except in cases where the carrier has checked

the data and entered that fact on the air waybill in the

presence of the consignor or when it becomes evident

from the condition of the cargo.

48.8. The validity of the transportation agreement

shall not be affected by a missing, incorrect or lost air

waybill.

48.9. If cargo is loaded on board an aircraft without

an air waybill with the carrier's consent, the carrier shall

remain liable for any damage caused.

48.10. Other means of disclosing information about

transported cargo may be used instead of an air waybill if

43

the consignor gives his consent. In such cases the

carrier, if required by the consignor, shall provide a bill of

lading allowing goods to be identified and providing

access to the information in the records kept on such

alternative means of disclosure.

Carriers may not refuse to accept cargo for

transportation when the means for disclosing records

about the cargo in transit and destination points could not

be used.

Chapter XI

Liability for Damage related to Aircraft

Operation

Article 49. Liability for Damage Arising from

Aircraft Operation

The grounds for liability for damage arising from

aircraft operation (harm arising in the form of injury to

passengers, damage to luggage or cargo in connection

with air transportation, and harm caused to passengers

arising from aircraft operation or damage caused to

property not carried on board an aircraft) and also related

judicial procedures shall be set out in relevant

international agreements to which the Republic of

Azerbaijan is party and in relevant legislation, including

the provisions of this Chapter.

Article 50. Liability Arising from Harm to

Passengers, Luggage and Cargo in connection with

Air Transportation

50.1. A carrier shall only be liable for any harm

arising in relation to the death or injury of a passenger if

the accident resulting in death or injury occurred on board

the aircraft or during embarkation or disembarkation.

44

50.2. A carrier’s liability for damage caused to the

life and health of passengers shall be limited by the

relevant laws of the Republic of Azerbaijan and relevant

international agreements to which the Republic of

Azerbaijan is party.

50.2.1. If damages are indemnified in installments,

the total amount of such payments may not exceed the

limit of liability;

50.2.2. A carrier of the Republic of Azerbaijan shall

be charged only for that part of the transportation actually

performed and up to an amount not exceeding the total

limit of liability. Passengers may reach separate

agreements with the carrier regarding liability limits

exceeding those specified in this Article.

50.3. A carrier shall be liable for damage arising

from the loss (if luggage or cargo accepted by the carrier

for transportation is not delivered within the time set forth

by the law and international agreements to which the

Republic of Azerbaijan is party), partial breakage or

destruction of registered luggage or cargo if the damage

occurred when the carrier was liable for said luggage or

cargo (under the transportation agreement the liability

limit shall cover the time from boarding through to

delivery at the final destination or any further boarding).

50.4. A carrier’s liability for the loss or non-delivery

of luggage (cargo) of a passenger (consignor) shall be

limited by the terms of relevant international agreements

to which the Republic of Azerbaijan is party, specifically

for every kilo of registered luggage (cargo), including

objects carried by passengers in the cabin (including

personal items and baggage allowed on board aircraft

without registration).

50.5. If a carrier of the Republic of Azerbaijan

transfers luggage (cargo) with a declared value to a

45

carrier operating on international routes and the latter

fails to prove that the declared value exceeds the amount

of the damages caused, liability shall be set within the

limits of the declared value.

50.6. Liability for registered luggage (cargo) without

a declared value accepted for transportation on domestic

routes by the carriers of the Republic of Azerbaijan shall

be limited to the actual value of the registered luggage

(cargo) and may not exceed the level set by the relevant

government authority.

50.7. Only total weight shall be considered when

defining the level of the carrier’s liability in the case of

loss, harm, non-delivery or delay in delivering a portion of

registered luggage or cargo to its destination point. When

determining the level of liability in cases of loss, damage,

non-delivery or delay in delivery of a package (packages)

and the items contained therein to the point of

destination, where this has an impact on the value of

other packages and contents as indicated on the

corresponding luggage ticket, air waybill or bill of lading,

the total weight of all said packages shall be used.

Passengers (consignors) may reach separate

agreement with carriers about a liability limit exceeding

that specified in this Article.

50.8. A carrier shall be liable for harm caused to

passengers or damage caused to registered luggage or

cargo as a result of any delay in air transportation.

50.9. A carrier shall be released from his liability if

he can prove that he or his lawfully appointed agents took

all the necessary steps to avoid the harm or damage

outlined in Articles 50.1-50.8 of this Law or that it was

impossible to implement such measures.

46

Article 51. Liability for Harm to Persons and

Property not carried on Aircraft

51.1. Regardless of whether an aircraft owner is at

fault, he shall be liable for any damage arising from the

operation of an aircraft or for harm caused to persons or

damage caused to their property that is not carried on

board (third persons).

51.2. When a person (knowingly) operates an

aircraft without the consent of the aircraft owner, such a

person shall be liable for any damage caused.

51.3. Operators are liable for any damage arising

from the operation of aircraft and caused to persons or

their property not carried on board (third persons) when:

51.3.1. The aircraft owner and operator have

agreed that such liability shall be borne by the operator if;

51.3.2. An operator is granted the right to use

aircraft for less than one year;

51.3.3. The operator is entitled to hire aircraft crew

as agreed with the owner;

51.3.4. The operator is entitled to use aircraft for

commercial purposes;

51.3.5. The use of the aircraft was recorded in the

State Aircraft Register.

51.4. An operator entitled to use an aircraft for less

than one year shall be liable for damage arising from the

operation of the aircraft and caused to persons or their

property not carried on board (third persons) in cases

where the operator has the right to appoint the aircraft

crew, or cases where the operator (knowingly) appoints

aircraft crew without the consent of the aircraft owner.

47

Chapter XII

Final Provisions

Article 52. Liability for Violation of this Law

Persons found guilty of violating this Law shall be

held liable as provided by the laws of the Republic of

Azerbaijan.

Article 53. Entry into Force

53.1. This Law shall enter into force on the day of its

publication.

53.2. The Air Code of the Republic of Azerbaijan

approved by the Law of Azerbaijan of February 9, 1994,

No. 785 (Information of the Supreme Council of the

Republic of Azerbaijan, 1994, No. 12, Article 131; and the

Collection of Laws of the Republic of Azerbaijan, 2001,

No. 11, Article 683) are no longer in force.

ILHAM ALİYEV,

President of the Republic of Azerbaijan,

Published in Legislation

Partner Websites