In accordance with federal law"About Licensing certain types activities" Government Russian Federation decides:

1. Approve the attached:

Regulations on Licensing Activities for the Transportation of Passengers by Air (except if specified activity carried out to meet the own needs of a legal entity or an individual entrepreneur);

Regulations on licensing activities for the carriage of goods by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).

2. Include in the Decree of the Government of the Russian Federation dated June 23, 2007 N 397 "On licensing the carriage of passengers by air and the carriage of goods by air, as well as on the improvement state regulation activities of carriers in the field of air transportation (with the exception of transportation carried out by aircraft of state aviation, experimental aviation, civil aviation, including general aviation, free of charge)" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 27, Art. 3284; 2008, N 27, Art. 3283; 2010, N 19, Art. 2316; N 40, art. 5076) the following changes:

A) the name shall be stated in the following wording:

"On the improvement of state regulation of the activities of carriers in the field of air transportation";

B) in the preamble:

The words "In accordance with the Federal Law "On Licensing Certain Types of Activities" shall be deleted;

The words "and in order to improve" shall be replaced by the words "In order to improve";

C) paragraph 1 is declared invalid.

Chairman
Government of the Russian Federation
V. Putin

Note. Ed: the text of the resolution was published in the "Collection of Legislation of the Russian Federation", 05/14/2012, N 20, art. 2555.

Regulations on licensing activities for the carriage of passengers by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur)

1. This Regulation determines the procedure for licensing activities for the carriage of passengers by air (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur), performed by legal entities or individual entrepreneurs (hereinafter referred to as the carriage of passengers by air).

2. Licensing of activities for the carriage of passengers by air is carried out by the Federal Air Transport Agency (hereinafter referred to as the licensing authority).

3. Activities for the carriage of passengers by air include works and services for the performance of regular and (or) irregular (charter) carriage by air of passengers.

4. Licensing requirements for a license applicant (licensee) for carrying out activities for the carriage of passengers by air are:

B) the licensee owns or otherwise legally owns aircraft with a valid airworthiness certificate in sufficient quantity (including reservations) to carry out air transport of passengers in accordance with the schedule of regular air transport of passengers and (or) the program formed by the licensee performance of irregular (charter) transportation of passengers by air;

B) compliance by the licensee general rules transportation of passengers by air and requirements for passenger service established by federal aviation rules in accordance with Article 102 of the Air Code of the Russian Federation.

5. Carrying out activities for the carriage of passengers by air in gross violation of license requirements entails liability established by the legislation of the Russian Federation.

8. Information related to the performance of air transportation of passengers, established by Article 21 of the Federal Law "On Licensing Certain Types of Activities", is posted free of charge in the official electronic or print media of the licensing authority, as well as on information stands in the premises of the licensing authority in within 10 working days from the date of:

11. For the provision by the licensing body of a license, its reissuance and the issuance of a duplicate license on paper, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

Regulations on licensing activities for the carriage of goods by air (except if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur)

1. This Regulation determines the procedure for licensing activities for the carriage of goods by air (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur), performed by legal entities or individual entrepreneurs (hereinafter referred to as the carriage of goods by air).

2. Licensing of activities for the carriage of goods by air is carried out by the Federal Air Transport Agency (hereinafter referred to as the licensing authority).

3. Activities for the carriage of goods by air include works and services for the performance of regular and (or) irregular (charter) carriage of goods by air.

4. Licensing requirements for a license applicant (licensee) for carrying out activities for the carriage of goods by air are:

A) the license applicant (licensee) has an air operator certificate obtained in the manner prescribed by federal aviation rules in accordance with Article 8 of the Air Code of the Russian Federation;

B) the licensee owns or otherwise legally owns aircraft with a valid airworthiness certificate in sufficient quantity (including reservations) to carry out cargo transportation by air in accordance with the schedule of regular air cargo transportation and (or) program formed by the licensee performance of irregular air cargo transportation;

C) compliance by the licensee with the general rules for air transportation of goods and the requirements for servicing consignors and consignees established by federal aviation rules in accordance with Article 102 of the Air Code of the Russian Federation.

5. The implementation of activities for the carriage of goods by air in gross violation of license requirements entails liability established by the legislation of the Russian Federation.

A gross violation of licensing requirements includes a violation by the licensee of the requirement specified in subparagraph "a" of paragraph 4 of these Regulations, which entailed the consequences established by Part 11 of Article 19 of the Federal Law "On Licensing Certain Types of Activities".

6. To obtain a license, the license applicant shall send or submit to the licensing authority an application and documents (copies of documents) specified in part one and paragraphs 1, 3 and 4 of part three of Article 13 of the Federal Law "On Licensing Certain Types of Activities", as well as information on the presence of an air operator's certificate specified in subparagraph "a" of paragraph 4 of these Regulations.

7. When checking the information contained in the application and documents submitted by the license applicant (licensee), whether the license applicant (licensee) complies with the licensing requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing, which is at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, bodies local government or organizations subordinate to them, in the manner prescribed by the Federal Law "On the organization of the provision of state and municipal services."

8. Information related to the carriage of goods by air, established by Article 21 of the Federal Law "On Licensing Certain Types of Activities", is posted free of charge in the official electronic or print media of the licensing authority, as well as on information stands in the premises of the licensing authority in within 10 working days from the date of:

B) decision by the licensing authority to grant a license, reissue a license, suspend or renew its validity;

C) receiving from the Federal tax service information about the liquidation of a legal entity or the termination of its activities as a result of reorganization, termination individual activities as an individual entrepreneur;

D) the entry into force of the court decision on the annulment of the license.

9. Submission by the license applicant of an application and documents necessary for obtaining a license, their acceptance by the licensing authority, making decisions on granting a license (on refusal to grant a license), reissuing a license, suspending, renewing its validity, canceling a license, providing a duplicate and a copy of the license , maintaining an information resource and a register of licenses, as well as providing information contained in information resource and the register of licenses are carried out in accordance with the procedure established by the Federal Law "On Licensing Certain Types of Activities".

10. Licensing control is carried out in the manner prescribed by the Federal Law "On the Protection of the Rights legal entities and individual entrepreneurs in the implementation state control(supervision) and municipal control", taking into account the specifics established by the Federal Law "On Licensing Certain Types of Activities".

11. For the provision by the licensing body of a license, its reissuance and the issuance of a duplicate license on paper, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

Decree of the Government of the Russian Federation of 05.05.2012 N 457 "On licensing activities for the transportation of passengers by air and transportation of goods by air (except if the specified activity is carried out for ...

Approved

Government Decree

Russian Federation

POSITION

ON LICENSING OF TRANSPORTATION ACTIVITIES

BY AIR TRANSPORT OF PASSENGERS (EXCEPT

IN THE EVENT IF THE SPECIFIED ACTIVITY IS CARRIED OUT

FOR THE OWN NEEDS OF A LEGAL ENTITY

OR INDIVIDUAL ENTREPRENEUR)

1. This Regulation determines the procedure for licensing activities for the carriage of passengers by air (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur), performed by legal entities or individual entrepreneurs (hereinafter referred to as the carriage of passengers by air).

2. Licensing of activities for the carriage of passengers by air is carried out by the Federal Air Transport Agency (hereinafter referred to as the licensing authority).

3. Activities for the carriage of passengers by air include works and services for the performance of regular and (or) irregular (charter) carriage by air of passengers.

4. Licensing requirements for a license applicant (licensee) for carrying out activities for the carriage of passengers by air are:

a) the license applicant (licensee) has an air operator certificate obtained in the manner prescribed by federal aviation rules in accordance with Article 8 of the Air Code of the Russian Federation;

B) the licensee owns or otherwise legally owns aircraft with a valid airworthiness certificate in sufficient quantity (including reservations) to carry out air transport of passengers in accordance with the schedule of regular air transport of passengers and (or) the program formed by the licensee performance of irregular (charter) transportation of passengers by air;

C) compliance by the licensee with the general rules for the carriage of passengers by air and the requirements for servicing passengers established by federal aviation rules in accordance with Article 102 of the Air Code of the Russian Federation.

5. Carrying out activities for the carriage of passengers by air in gross violation of license requirements entails liability established by the legislation of the Russian Federation.

A gross violation of licensing requirements includes a violation by the licensee of the requirement specified in subparagraph "a" of paragraph 4 of these Regulations, which entailed the consequences established by Part 11 of Article 19 of the Federal Law "On Licensing Certain Types of Activities".

6. To obtain a license, the license applicant sends or submits to the licensing authority an application and documents (copies of documents) specified in part one and paragraphs 1 and 4 of part three of Article 13 of the Federal Law "On Licensing Certain Types of Activities", as well as information on the availability the air operator certificate specified in subparagraph "a" of paragraph 4 of these Regulations.

7. When checking the information contained in the application and documents submitted by the license applicant (licensee), the compliance of the license applicant (licensee) with the licensing requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing, which is at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to them, in the manner established by the Federal Law "On the organization of the provision of state and municipal services."

8. Information related to the performance of air transportation of passengers, established by Article 21 of the Federal Law "On Licensing Certain Types of Activities", is posted free of charge in the official electronic or print media of the licensing authority, as well as on information stands in the premises of the licensing authority in within 10 working days from the date of:

b) adoption by the licensing authority of a decision to grant a license, reissue a license, suspend or renew its validity;

c) receiving information from the Federal Tax Service about the liquidation of a legal entity or the termination of its activities as a result of reorganization, the termination by an individual of activities as an individual entrepreneur;

d) the entry into force of the court decision on the annulment of the license.

9. Submission by the license applicant of an application and documents necessary for obtaining a license, their acceptance by the licensing authority, making decisions on granting a license (on refusal to grant a license), reissuing a license, suspending, renewing its validity, canceling a license, providing a duplicate and a copy of the license , maintenance of the information resource and the register of licenses, as well as the provision of information contained in the information resource and the register of licenses, are carried out in the manner established by the Federal

the words "In accordance with the Federal Law "On Licensing Certain Types of Activities" shall be deleted;

the words "and in order to improve" shall be replaced by the words "In order to improve";

Position
on licensing activities for the carriage of passengers by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur)
(approved by resolution

1. This Regulation determines the procedure for licensing activities for the carriage of passengers by air (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur), performed by legal entities or individual entrepreneurs (hereinafter referred to as the carriage of passengers by air).

2. Licensing of activities for the carriage of passengers by air is carried out

3. Activities for the carriage of passengers by air include works and services for the performance of regular and (or) irregular (charter) carriage by air of passengers.

4. Licensing requirements for a license applicant (licensee) for carrying out activities for the carriage of passengers by air are:

article 8

b) the licensee owns or otherwise legally owns aircraft with a valid airworthiness certificate in sufficient quantity (including reservations) to carry out air transport of passengers in accordance with the schedule of regular air transport of passengers and (or) the program formed by the licensee performance of irregular (charter) transportation of passengers by air;

c) compliance by the licensee with the general rules for the carriage of passengers by air and the requirements for passenger service established in accordance with Article 102

5. Carrying out activities for the carriage of passengers by air in gross violation of license requirements entails liability established by the legislation of the Russian Federation.

subparagraph "a" of paragraph 4 of part 11 of article 19 of the Federal Law

part one and paragraphs 1 and 4 of part three of Article 13 subparagraph "a" of paragraph 4 of these Regulations.

federal law

8. Information related to the performance of air transportation of passengers, established by Article 21

Federal Law "On Licensing Certain Types of Activities".

Federal Law Federal Law "On Licensing Certain Types of Activities".

legislation

Position
on licensing activities for the carriage of goods by air (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur)
(approved by Decree of the Government of the Russian Federation of May 5, 2012 N 457)

1. This Regulation determines the procedure for licensing activities for the carriage of goods by air (except for the case when the specified activity is carried out to meet the own needs of a legal entity or an individual entrepreneur), performed by legal entities or individual entrepreneurs (hereinafter referred to as the carriage of goods by air).

2. Licensing of activities for the carriage of goods by air is carried out by the Federal Air Transport Agency (hereinafter referred to as the licensing authority).

3. Activities for the carriage of goods by air include works and services for the performance of regular and (or) irregular (charter) carriage of goods by air.

4. Licensing requirements for a license applicant (licensee) for carrying out activities for the carriage of goods by air are:

a) the applicant for a license (licensee) has an air operator certificate obtained in accordance with the procedure established by federal aviation rules in accordance with Article 8 of the Air Code of the Russian Federation;

b) the licensee owns or otherwise legally owns aircraft with a valid certificate of airworthiness in sufficient quantity (including reservations) to carry out air cargo transportation in accordance with the schedule of regular air cargo transportation and (or) program formed by the licensee performance of irregular air cargo transportation;

c) compliance by the licensee with the general rules for air transportation of goods and the requirements for servicing consignors and consignees established by federal aviation rules in accordance with Article 102 of the Air Code of the Russian Federation.

5. The implementation of activities for the carriage of goods by air in gross violation of license requirements entails liability established by the legislation of the Russian Federation.

A gross violation of licensing requirements includes a violation by the licensee of the requirement specified in subparagraph "a" of paragraph 4 of these Regulations, which entailed the consequences established by part 11 of article 19

6. To obtain a license, the license applicant sends or submits to the licensing authority an application and documents (copies of documents) specified in part one and paragraphs 1 and 4 of part three of Article 13 of the Federal Law "On Licensing Certain Types of Activities", as well as information on the availability the air operator certificate specified in subparagraph "a" of paragraph 4 of these Regulations.

7. When checking the information contained in the application and documents submitted by the license applicant (licensee), the compliance of the license applicant (licensee) with the licensing requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing, which is at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to them, in the manner established by the Federal Law "On the organization of the provision of state and municipal services."

8. Information related to the carriage of goods by air, established by Article 21 of the Federal Law "On Licensing Certain Types of Activities", is posted free of charge in the official electronic or print media of the licensing authority, as well as on information stands in the premises of the licensing authority in within 10 working days from the date of:

b) adoption by the licensing authority of a decision to grant a license, reissue a license, suspend or renew its validity;

c) receiving information from the Federal Tax Service about the liquidation of a legal entity or the termination of its activities as a result of reorganization, the termination by an individual of activities as an individual entrepreneur;

d) the entry into force of the court decision on the annulment of the license.

9. Submission by the license applicant of an application and documents necessary for obtaining a license, their acceptance by the licensing authority, making decisions on granting a license (on refusal to grant a license), reissuing a license, suspending, renewing its validity, canceling a license, providing a duplicate and a copy of the license , maintenance of the information resource and the register of licenses, as well as the provision of information contained in the information resource and the register of licenses, are carried out in accordance with the procedure established by the Federal Law "On Licensing Certain Types of Activities".

10. Licensing control is carried out in the manner prescribed by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control", subject to the specifics established by the Federal Law "On Licensing Certain Types of Activities".

11. For the provision by the licensing body of a license, its reissuance and the issuance of a duplicate license on paper, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

Natalia KIRILLOVA, Deputy Head of the Department of Air Transportation of the Directorate for Supervision of Airport Activities, ATS and Transportation of the Federal Tax Service of the Russian Federation, - especially for the ATO

The integration processes taking place in Europe could not bypass the air transport industry, an important component of the EU's single internal market. Change of legal and regulatory framework, the transition from national to pan-European regulation not only affects the air carriers of the EU member states themselves, but also affects the well-established system of decades-old relations in the field of air traffic between these countries and the Russian Federation.
AT ATO#51, the first of the articles was published, which tells about the ongoing processes of integration of the European aviation market and analyzes the possible consequences of harmonizing the legal framework of the European Union in the field of air traffic for Russian civil aviation (see. ATO#51, page 52). Another aspect of integration - the transition to a single European license for air transport - is the topic of this article.

In accordance with the obligations adopted under the Chicago Convention of 1944 on International Civil Aviation, the state controls enterprises that offer air transportation services for the remuneration of passengers, baggage and cargo by issuing them Air Operator Certificates (AOC) and special permits - licenses for certain types of business.

Based on the specifics of the European Union (EU), which unites government systems 25 states of Europe, the efforts of its specially authorized body, the Commission of the European Union, are aimed at unifying (harmonizing) the existing national systems licensing. As a result, there is currently a unified EU carrier licensing system applied by each of the EU member states on the basis of EU Council Directive # EEC 2407/92 of July 23, 1992, which entered into force on January 1, 1993. Following a common policy, carried out by the European Union this system is aimed at forming transparent and non-discriminatory rules for the sale of quality services based on the criterion of economic and technical stability of air carriers, justified by them when applying for a license.

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