/ GUIDANCE DOCUMENTS

GUIDANCE DOCUMENTS

Regulation on the Civil Aviation Agency under the Government of the Republic of Tajikistan

1. General Provisions

 1. The Civil Aviation Agency under the Government of the Republic of Tajikistan (hereinafter referred to as the Agency) is a government body in the field of civil aviation of the Republic of Tajikistan and is formed in accordance with the Air Code of the Republic of Tajikistan and the Law of the Republic of Tajikistan “On Transport”.

 2. The Agency in its activities is guided by the Constitution of the Republic of Tajikistan, constitutional laws, laws of the Republic of Tajikistan, the Air Code, regulatory legal acts in the field of civil aviation, international legal acts recognized by the Republic of Tajikistan and these Regulations.

 3. The Agency carries out its activities in collaboration with ministries, departments and other government bodies in accordance with the legislation of the Republic of Tajikistan.

 2. Tasks of the Agency

 4. The main tasks of the Agency are:          

          - implementation of state aviation policy aimed at satisfying the demand of the population and the needs of the economy for air transportation and other types of services, as well as creating conditions for flight safety;          

         - development of plans and programs for the development of civil aviation of the Republic of Tajikistan and their implementation on the basis of state, national, interstate and sectoral target programs;    

          - implementation of a coordinated aviation policy in international and foreign economic activity, promotion of international and regional cooperation in the field of civil aviation;

          - organization of the use of part of the airspace of the Republic of Tajikistan, defined in the prescribed manner for airways, local airlines, areas of aviation operations, civil airfields and airports;

         - development and implementation of common standards for aviation operations and transportation, airworthiness standards for aircraft, flight support systems and air traffic support systems and facilities;

         - development of standards and norms for the flight and technical operation of civil aircraft, qualification requirements for aviation personnel;

           - ensuring government safety and security programs;

          - coordination of joint activities in implementing state policy and ensuring the free movement of passengers and goods by air throughout the Republic of Tajikistan and beyond with ministries, departments, other government bodies, as well as local government bodies;  

          - assistance in carrying out institutional and structural transformations in the field of civil aviation;

        - implementation of the policy of the Government of the Republic of Tajikistan in investment and scientific and technical activities in the field of civil aviation;

      - A comprehensive analysis of the activity and forecast of the development of civil aviation, development of recommendations and implementation of measures to ensure its sustainable functioning and development;

         - establishment, maintenance and adherence to safety standards and consumer protection, environmental protection and natural resources, aviation security;  

         - assistance in increasing the efficiency and competitiveness of civil aviation enterprises in the international and domestic transport services market;

           - monitoring of tariffs and fees charged by airlines;        

         - ensuring the fulfillment of obligations arising from intergovernmental agreements and treaties on air communications, as well as other international treaties relating to the activities of civil aviation;

           - negotiations with the aviation authorities of foreign countries on the regulation of bilateral flights;  

           - implementation of certification activities and licensing in the field of civil aviation;  

           - ensuring the use of civil aviation, as well as the implementation of special programs in emergency situations;
       - Representation of the Republic of Tajikistan and protection of state interests in the International Civil Aviation Organization (ICAO), Interstate Aviation Committee (IAC) and other international civil aviation organizations.

3. Powers of the Agency

5. The Agency, in accordance with the tasks assigned to it, exercises the following powers:

         - control over the activities of organizations to fulfill licensing conditions in the implementation of activities in the field of civil aviation;

      - development of draft normative legal acts defining the procedure for the functioning of civil aviation and introducing them in the established manner, for consideration by the Government of the Republic of Tajikistan;

       - control within its competence of the implementation of regulatory legal acts, including acts on ensuring flight safety, analysis of the practice of their application in civil aviation, monitoring the activities of aircraft operators, users of airspace and other organizations operating in the field of civil aviation;

        - participation in the development and implementation of state national programs and concepts for the development of civil aviation, in the formation and implementation of interstate and interbranch programs:

        - participation in improving the management system and economic mechanisms for regulating the operation of airlines in market conditions;

        - application of measures to conduct antitrust activities in civil aviation and the development of fair competition in the aviation services market together with the Antimonopoly Service under the Government of the Republic of Tajikistan;

         - substantiation of the need for financial, material and labor resources for implementing interstate targeted programs for the development of civil aviation, ensuring stable and safe functioning of the industry, fulfilling the state defense order and other state needs;

       - participation in state regulation of the investment process in civil aviation and the creation of conditions for attracting investments, including foreign ones, interaction on these issues with international financial institutions; 

       - organization of the examination of programs and projects for the development of air transport, as well as participation in the organization and conduct of the examination of complex intersectoral programs and projects;   

    - Implementation of a unified scientific and technical policy in civil aviation, conducting research, design and scientific and technical developments in civil aviation, development of recommendations of international (interstate) industry organizations;

       - maintains the State Registers, civil aircraft, civil aerodromes, joint-based aerodromes, air transport operators and Registries, the competency of aviation personnel;

      - development and publication in accordance with the established procedure, rules, regulations, technical standards, industry standards on the transportation of passengers, baggage, cargo, mail, the performance of aircraft, the use of airspace and air traffic services (including meteorological), technical operation and repair aviation technology, as well as technical requirements for vehicles, equipment and materials, organizes, within its competence, control over compliance with these requirements;

       - organizes, in accordance with the established procedure, the opening of new air lines and participation in the coordination of the formation of the aircraft traffic schedule on regular domestic and international air lines; 

          - carries out licensing with the issuance of a standard form license for: 

a) transportation of passengers by air; 

b) transportation of goods by air; 

c) air traffic maintenance activities;

d) aircraft maintenance activities;

e) aircraft repair activities;

f) activities on the use of aviation in sectors of the economy;

g) the activities of passenger and cargo terminals.

          - develops the rules of certification and certification;

          - carries out certification with the issuance of certificates of an established form:

 a) aviation enterprises and individual entrepreneurs engaged in and providing air transportation and aviation work; 

b) legal entities engaged in maintenance and repair of aircraft; 

c) aerodromes and airports; 

d) aviation training centers providing training for specialists of the appropriate level, in accordance with the lists of positions of aviation personnel; 

e) aircraft, unmanned aerial vehicles, aircraft engines, propellers, airborne and ground equipment;

 f) other facilities and legal entities whose activities are directly related to ensuring the safety of flights, aircraft or aviation security. 

         - carries out certification of equipment, facilities, means and services of air transport;  

        - Organizes and conducts, in the established manner, certification of employees and senior staff in the field of air transport, regardless of the form of activity;

         - certification of aviation personnel; 

         - accreditation of representative offices of foreign airlines that operate in the Republic of Tajikistan;  

         - organization of the development of certification requirements for the health status of aviation specialists; 

         - assistance in the formation of a market for transport services in air transport, regulation and appointment of air carriers in the directions;

       - organization and coordination, within its competence, of the fulfillment of obligations of international treaties and intergovernmental agreements of the Republic of Tajikistan related to issues of civil aviation activities, representation in the established order of interests of the Republic of Tajikistan in international civil aviation organizations;  

          - monitoring of preventive work to ensure the safety of civil aircraft and the organization of air traffic in air traffic services;

          - control and supervision of the implementation of regulatory requirements in civil aviation of the Republic of Tajikistan; 

         - participation together with other state bodies in carrying out measures to resolve crisis situations related to hijacking or hijacking of an aircraft, or terrorist acts aimed at violating aviation security conditions; 

        - participation in the organization and provision of search and emergency rescue operations in collaboration with relevant ministries and departments;

         - the creation of the Commission for the investigation of accidents with aircraft entered in the State Register of Civil Aircraft of the Republic of Tajikistan, as well as aircraft of foreign states in a similar situation if the accident occurred within the territory of the Republic of Tajikistan; 

         - accounting of incidents, aviation and emergency incidents with civil aircraft, analysis of flight safety, development of recommendations and measures to ensure flight safety and monitoring of their implementation, informing in the established manner about the state of safety of interested state bodies and organizations;

       - Organizing and conducting measures for the prevention and liquidation of emergency situations, ensuring the delivery of specialists, technical equipment and material resources necessary for the liquidation of emergency situations and the implementation of evacuation measures; 

         - development of air routes, domestic air lines and routes of their rectification, zones and areas of air traffic control, restricted areas and zones of restriction of airspace use, permanent routes of off-route flights, rules for servicing air traffic (planning procedure, coordination and direct servicing of air traffic);

          - establishing a regime of international airfields and aerodromes open for international flights in the manner established by the legislation of the Republic of Tajikistan;

         - issuing permits for the transportation of dangerous goods and establishing rules for their transportation by air; 

        - Development, together with other ministries and departments of the Republic of Tajikistan, of normative acts governing the maintenance of air transportation, documents on coordination of activities during the processing of passengers, baggage and cargo;

        - organization, coordination and control of the implementation in civil aviation of activities aimed at implementing the tasks of civil defense, mobilization training, ensuring the protection of state and commercial secrets and other official information; 

        - synthesis and analysis of state statistical information in civil aviation; 

       - implementation of measures for the maintenance and storage of data banks on the industry, the organization of information support for civil aviation.

4. Rights of the Agency

 6. The agency has the right:  

       - issue permits (prohibitions) for the use of part of the airspace of the Republic of Tajikistan allocated for civil aviation, as well as for all types of activities in civil aviation that pose a threat to flight safety;   

       - give consent to the construction (reconstruction) of facilities whose operation or height is associated with the use of airspace or poses a threat to flight safety;

    - to control and supervise the validity of technical equipment and the established terms of operation of ground-based flight support equipment, the work of air traffic services and the use of airspace;  

       - present in the prescribed manner forecasts of socio-economic development of the industry and consolidated applications for financing from the state budget of expenses;  

        - take part in resolving issues of financing civil aviation, interstate and state targeted programs for its development;   

        - to approve modifications of civil aircraft and their mandatory verification;

       - issue in the prescribed manner to legal entities and individuals licenses to carry out activities in civil aviation, suspend or annul them in case of violations, introduce proposals on the amount of fees and charges levied on foreign carriers using the airspace of the Republic of Tajikistan in the prescribed manner;  

      - carry out certification activities, develop and enforce forms of certification documents developed in accordance with international norms and standards;

      - approve and control the activities of civilian aircraft maintenance organizations, monitor information on maintaining the airworthiness of civilian aircraft, issue directives to maintain airworthiness;

       - consider, issue, renew the validity of certificates of airworthiness of civil aircraft, suspend operation, refuse to issue and annul (withdraw) the operator’s certificates, certificates;

      - coordinate with authorized state bodies of other states and approve quotas for international air transport and the conditions for their implementation;

        - designate and remove airlines as carriers on established routes to comply with intergovernmental agreements; 

        - issue, in the prescribed manner, permits for scheduled and charter flights;  

        - establish the amount of fines for delayed flights and levy fines in the prescribed manner;  

        - assess the validity of aviation personnel with the qualification requirements in force in civil aviation, as well as review and recognize the strength of aviation personnel certificates issued by other states;

        - carry out inspection checks of the activities of aviation enterprises for compliance with flight safety conditions, aircraft operation, as well as aviation security, designate and conduct, in the established manner, inspections of the activities of civil aviation enterprises (companies) to comply with civil aviation laws, technical safety requirements and environmental standards, take measures to eliminate identified violations;  

        - carry out inspection checks of foreign airlines that operate flights to airports of the Republic of Tajikistan;

        - develops normative legal acts binding upon all participants in relations in the field of civil aviation of the Republic of Tajikistan and submits them for approval in the established manner;

         - cancel, or apply for cancellation to the competent authorities of the state, normative acts of the heads of airlines of the Republic of Tajikistan that do not comply with the norms of the current legislation in the field of civil aviation and affect flight safety;

          - to receive from the airline and civil aviation organizations of the Republic of Tajikistan and other operators - users of the airspace of the Republic of Tajikistan, the information necessary to fulfill the tasks assigned to the Agency; 

         - submit proposals on the corporatization and privatization of state-owned enterprises and civil aviation facilities;          

         - establish print media and organize publishing;

         - hold conferences, meetings and seminars, organize exhibitions on the problems of improvement and development of civil aviation;  

         - give opinions on draft legislative and other regulatory acts affecting the interests of the air transport industry; 

         - The agency may have other rights provided for by the legislation of the Republic of Tajikistan.

5. Organization Regulations 

7. The Agency is headed by a Director appointed to the post and dismissed by the Government of the Republic of Tajikistan. The Director of the Agency carries out management assigned to him by the field of activity and is personally responsible for the fulfillment of the functions and tasks assigned to the Agency. The Director of the Agency has a deputy appointed and dismissed by the Government of the Republic of Tajikistan upon his submission. The structural divisions of the Agency consist of departments and divisions in the main areas of the Agency's activities.

 8. The Director of the Agency performs the following tasks: 

         - carries out general management of the Agency and organizes its work;  

        - on behalf of the Government of the Republic of Tajikistan, in the prescribed manner, signs intergovernmental agreements on air traffic and international treaties in the field of civil aviation; 

         - approves the Regulations on the management and departments of the Agency;
          - approves the work plan and forecast indicators of the activity of the structural divisions of the Agency;

         - makes proposals to the Ministry of Finance of the Republic of Tajikistan on the formation of the republican budget in terms of financial support for the Agency;  

        - submits to the Government of the Republic of Tajikistan in the prescribed manner proposals for the creation, reorganization and liquidation of state enterprises and institutions within the Agency's system;
          - appoints specialists with basic aviation education on a competitive basis and dismisses employees of the Agency in the established manner, approves their job descriptions; 

         - determines the responsibilities, scope of authority and establishes the degree of responsibility of the heads of management and departments of the Agency;  

        - issues orders and instructions to be executed by the employees of the Agency, as well as by all civil aviation entities of the Republic of Tajikistan;

         - represents in accordance with the established procedure especially distinguished employees for awarding with state awards of the Republic of Tajikistan; - exercises other powers in accordance with the legislation of the Republic of Tajikistan.

9. The position, structure, management scheme and maximum number of the Agency, as well as the procedure for placement and financing of the Agency are approved and established by the Government of the Republic of Tajikistan. 

10. Agency employees are required to maintain the level of their qualifications necessary for the effective performance of their duties.

 11. Agency privileges are subject to all privileges in force in the civil aviation of the Republic of Tajikistan.

12. For the purpose of supervision and monitoring, Agency specialists have the right to enter the territory of the airline of the Republic of Tajikistan on the basis of an international identification card. 

13. In order to monitor the flight safety of operators and fulfill the requirements in force in the Republic of Tajikistan, flight rules and other acts governing flight operations, Agency specialists have the right to be included in flight tasks in compliance with established requirements.

14. The Agency establishes the Higher Qualification Commission (HQC), acting in accordance with the Regulation approved by the Director of the Agency.

15. Agency specialists have the right to own a certificate and special clothing, samples and terms of issue of which are approved by the Director of the Agency.

16. The Agency in the prescribed manner uses the property and office space assigned to it in the Republic of Tajikistan.

17. The Agency conducts accounting and reporting, as well as statistical reporting in the manner prescribed by the legislation of the Republic of Tajikistan.

18. The Director of the Agency leads the Aircraft Accident and Incident Investigation Commission.

 19. Financing of expenses for the maintenance of the Agency is carried out at the expense of the republican budget and the deduction of funds by business entities of civil aviation in the prescribed manner.         

20. The Agency is a legal entity, has a seal with the image of the State Emblem of the Republic of Tajikistan and with its name, as well as stamps, letterheads and accounts in the treasury system.          

21. Legal address of the Agency: Republic of Tajikistan, Dushanbe city.