Islom karimov nomidagi

Guidelines

When studying this section, it is necessary to well understand the requirements of the basic documents governing the provision of safety. Flight safety has always been a decisive factor in all aviation activities. This is reflected in the goals and objectives of ICAO formulated in Art. 44 of the Convention on International Civil Aviation (Doc. 7300), commonly known as the Chicago Convention, which holds ICAO responsible for ensuring the safe and orderly development of international civil aviation around the world (Figure 1). In determining States' safety requirements, ICAO makes the following distinction between safety programs and safety management systems (SMS).

• Flight Safety Program - a set of rules and measures aimed at improving the level of flight safety.

• Safety Management System (SMS) - an orderly approach to ensuring safety, including the necessary organizational structures, areas of responsibility, policies and procedures.

You need to know the basic concepts of international air law. International air law - a set of legal rules governing relations between states in relation to the use of airspace in order to implement international air traffic and ensure its safety, as well as establishing the regime of air traffic. International air flights are carried out in order to transport passengers, cargo, mail and baggage for a fee on international air routes.

There are two types of air law:

• international air law. Defined by intergovernmental agreements and multilateral agreements in the field of air law;

• domestic (national) air law. Defined by the State Air Code.

Current Air Law:

• acts not only in the territory of the state, but also outside it to the extent that is determined by the law itself;

• regulates flights in the airspace of all civil aircraft (including foreign);

• extends its effect to all types of aircraft.

All flights of any foreign aircraft over the territory of a state are subject to its full and exclusive sovereignty. That is, such flights in the airspace located above the land and water territory of a state, including its territorial waters, can only be carried out with the express consent of this state.

The basis of modern international air law are the following documents.

• The Chicago Convention of 1944. On its basis, relations between states in the field of international civil aviation are built. The Chicago Convention of 1944 was signed by 186 states.

• Warsaw Convention of 1949. Unified some agreements on international air transportation.

• The Hague Protocol of 1955. Supplemented the Warsaw Convention.

• Guadalajara Convention of 1961. Gives the right to carry out transportation on leased aircraft.

• Rome Convention of 1962. Resolution on compensation for passengers and airlines for damage in the territory of any state. Russia did not sign this document.

• Tokyo Convention of 1963. About offenses committed on board the aircraft, and the punishment of offenders.

• The Hague Convention of 1970. On the fight against unlawful interference and seizure of aircraft. The document is signed by 151 states.

• Montreal Convention of 1971. On the fight against acts of unlawful seizure of aircraft.

Basic principles of cooperation in the field of international civil aviation

The basic principles of cooperation in the field of international civil aviation are set out in the Chicago Convention.

1. The extension of the full and exclusive sovereignty of each state to its airspace.

2. Ensuring the safety of flights on international airlines in the territory of the state.

3. The obligation to use civil aviation only for peaceful purposes, in order to strengthen friendship between peoples and the transport of various goods.

4. The provision of funds and the creation of the necessary conditions for the implementation of international air communications by their companies.

5. Establishment of regular air traffic by concluding bilateral and multilateral agreements between states.

6. Granting by the contracting states to each other of the right to regular flights on their territory when an air traffic agreement has not yet been concluded between them.

7. The implementation of free flights over the open sea and straits for all states.

8. The right of each state to regulate commercial activities on its territory.

9. The right of each state to regulate administrative, civil and criminal jurisdiction over crews, aircraft and passengers.

10. The right of each state to apply appropriate measures to violators of airspace, up to and including forced landing. (Any aircraft that intrudes within the airspace of any state is considered an offender.)

11. The obligation of each state flying on its aircraft within another country is to comply with the rules and regulations in force in that country regarding flight and maneuvering of aircraft.

12. Admission of an aircraft departure for performing an international flight only after the crew and passengers have passed the passport and customs procedures in accordance with the rules established by this state. The territory of the state can be crossed without landing according to an agreement or special permit. Each state retains the right to subject to obligatory customs inspection aircraft in transit.

13. The ability to use only those aerodromes as specified in the agreement on international air traffic as substitutes. An emergency landing can only be done in case of emergency.

The legal basis for establishing international air services is intergovernmental agreements on air services.

Intergovernmental Air Services Agreements

Intergovernmental agreements on air traffic are built on a unilateral or multilateral basis, define and contain:

• basic conditions, principles of organization and execution of flights between states;

• observance of equality and reciprocity of the parties in establishing the most acceptable conditions for navigation, provision of airfields, technical means, meteorological information and so on;

• commercial rights;

• the right to transit flights to third countries;

• requirements for compliance with the laws and regulations of this state, exemption from customs duties of certain types of products (fuel, food for servicing crews and passengers);

• the right to open representative offices in the territory of another state.

Agreements can be for flights of two types:

• regular (regular): scheduled flights and additional flights.

• irregular (episodic): non-profit, special, technical, charter.

In this section, you need to pay attention to the following topics:

• international CA organizations and their role in ensuring FS of the global CA;

• the structure of international organizations, goals and objectives, the nature of activities and the effectiveness of the measures taken;

• The system and principles of international cooperation of states in the field of world civil aviation;

• International Civil Aviation Organization (ICAO): structure, status and general descriptions of ICAO documents.