On accession of the Republic of Kazakhstan to the protocol on the same text of the convention on International Civil Aviation (Chicago, 1944) in four languages

Home / RLA / On accession of the Republic of Kazakhstan to the protocol on the same text of the convention on International Civil Aviation (Chicago, 1944) in four languages

Law of the Republic of Kazakhstan dated May 7, 2001 N 192-II

To include the Republic of Kazakhstan in the protocol on the same text in four languages of the convention on International Civil Aviation (Chicago, 1944), concluded in Montreal on September 30, 1977.

President Of The Republic Of Kazakhstan

PROTOCOL ON THE SAME TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICAGO, 1944) IN FOUR LANGUAGES

(Entered into force on August 10, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

THE GOVERNMENTS SIGNED BELOW

Taking into account the fact that the 21st session of the Assembly of the International Civil Aviation Organization recommended to the Council of this organization "to take the necessary measures to prepare the same text of the convention on International Civil Aviation in Russian for the purpose of its adoption no later than 1977"; noting that in Chicago on December 7, 1944, the text of the Convention on International Civil Aviation; Considering that in accordance with the protocol on the same text in three languages of the convention on International Civil Aviation, drawn up in Chicago on December 7, 1944, signed in Buenos Aires on September 24, 1968, the text of the convention on International Civil Aviation (known below as the "convention") in Spanish and French was adopted, which together with the text in English; accordingly, considering that it is appropriate to provide for the necessary provisions on the existence of the text of the convention in Russian; considering that when adopting such provisions, it is necessary to take into account the existence of amendments to the convention in English, Spanish and French, the texts of which are equally equal and each of which may enter into force in accordance with Article 94 (A) of the convention:

Article I

The text of the convention in Russian and the texts of amendments to it attached to this protocol together with the texts of the convention in English, Spanish and French and amendments to them constitute an equally equal text in these four languages.

Article II

If a state - a party to this protocol - approves or in the future approves any amendment to the convention in accordance with Article 94 (A) of the convention, the texts of such amendments in Russian, English, Spanish and French will be considered to be related to the same equal text in the four languages provided for in this protocol.

Article III

1) States-members of the International Civil Aviation Organization May: a) sign without notice of acceptance, or B) sign with notice of acceptance after acceptance, or C) become a party to this protocol by acceptance; 2) this Protocol shall remain open for signature until October 5, 1977, in Montreal and thereafter - in the district of Columbia, Washington; 3) acceptance shall be carried out; 4) accession to this protocol or approval of this protocol is considered as its adoption.

Article IV

1) this Protocol shall enter into force on the thirtieth day after the signing or adoption of the convention by twelve states in accordance with the provisions of Article III without notice to it in respect of acceptance and after the entry into force of the amendment to the final provision of the convention, which provides that the text of the convention in Russian is equally equal; 2) in accordance with Article III, The Protocol shall enter into force on the day of its

Article V

Any accession of a state to the convention after the entry into force of this Protocol shall be considered as acceptance of this protocol.

Article VI

The adoption of this protocol by the state should not be considered as its approval of any amendment to the convention.

Article VII

After the entry into force of this protocol, it is registered by the United States Government at the United Nations and the International Civil Aviation Organization.

Article VIII

1) this Protocol shall remain in force while the convention is in force; 2) this Protocol shall be void for the state only if the state ceases to be a party to the convention.

Article IX

The Government of the United States shall notify all states - members of the International Civil Aviation Organization and the organization itself: a) Each signing of this protocol by indicating that the signature is with or without notice with respect to acceptance; B) the storage and date of each acceptance document; C) the date of entry into force of this protocol in accordance with the provisions of Article IV, paragraph 1.

Article X

This protocol, drawn up in Russian, English, Spanish and French, each text of which is equally equal, shall be deposited in the archives of the Government of the United States of America, which shall send a duly certified copy of it to the governments of the states - members of the international civil organization. To certify this, the authorized representatives of the signatory below duly authorized to sign this protocol. It was done in Montreal on the thirtieth of September, one thousand nine hundred and seventy-seventh.

ANNEKH - ANNEKHE-APPENDIX-ANEKHO CONVENTION ON INTERNATIONAL AVIATION INTRODUCTION

Considering that the future development of international civil aviation can greatly contribute to the establishment and maintenance of friendship and mutual understanding between peoples and peoples of the world, ignoring which may pose a threat to common security; taking into account the maximum possible prevention of confrontation and the promotion of such cooperation between peoples and peoples, on which the establishment of world peace depends; in order for International Civil Aviation to develop in a safe and orderly manner and international air travel to be established on the basis of equality of opportunities and to be carried out rationally and economically, the governments that have signed below,therefore; have concluded this convention for this purpose.

PART I AERONAUTICS

CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION

Article 1 sovereignty

The contracting states recognize the full and fundamental sovereignty of each state over the airspace over its territory.

Article 2 territory

For the purposes of this convention,land territories and waters adjacent to them under the sovereignty, sovereignty, protectorate or mandate of this state shall be defined as the territory of the state.

Article 3 Civil and state aircraft

(a) This Convention applies only to civil aircraft and does not apply to Government aircraft. (b) Aircraft used in military, customs and police activities are not considered Government aircraft. (c) No State-owned aircraft of the Contracting States flies in or lands in the territory of another State, except for permits granted by a special agreement or otherwise and in accordance with its terms. e) The Contracting States, when establishing regulations for their State-owned aircraft, are obliged to pay due attention to the safety of navigation of civil aircraft.

Article 4 improper use of Civil Aviation

Each Contracting State agrees not to use civil aviation for any purpose not covered by this Convention.

CHAPTER II FLIGHT OVER THE TERRITORY OF THE AGREED STATES

Article 5 the right to non-systematic flight

Each Contracting State agrees that all aircraft that are not aircraft flying in regular international air relations of other Contracting States shall, subject to compliance with the provisions of this convention, carry out flights over its territory or or without transit landing through its territory, provided that the state on whose territory the flight is carried out has the right to demand landing, and land for commercial purposes without the need for prior permission. However, each contracting party reserves the right to require aircraft that have intended to fly over areas where it is impossible to fly for the safety of the flight, or without air navigation equipment, respectively, to fly on designated routes or to obtain a special permit for such a flight. Such aircraft also enjoy the privilege of taking or loading passengers, cargo or mail on board if they are engaged in the transportation of passengers, cargo or mail for remuneration or rent, as well as, but not in regular international air traffic, in any state in which such loading and unloading is carried out, subject to the provisions of Article 7.

Article 6 systematic air traffic

No scheduled international flights over or on the territory of the Contracting States may be operated, except for flights with a special permit or other authorization from that State and in accordance with the requirements of such authorization or authorization.

Article 7 Cabotage

Each Contracting State has the right to refuse permission to take passengers, mail and cargo on board an aircraft of another contracting state in the territory of that country under the procedure of payment or lease. Each contracting state undertakes not to enter into any agreement granting any such benefit on a special basis to any other state or to any other state's airline company, and not to receive any such special benefit from any other state.

Article 8 unmanned aerial vehicle

No unmanned aircraft shall be launched over the territory of the contracting state, except for flights under the special permission of this state and in accordance with the terms of such permission. Each contracting state must ensure such control in areas open to civil aircraft, which will ensure that this flight does not pose a threat to civil aircraft when such an aircraft is launched unmanned.

Article 9 prohibited areas

(A) each Contracting State may restrict or prohibit flights on a unified basis of flights with a certain region of its territory in the interests of military necessity or public security, while there is no difference between the aircraft of that state engaged in regular international air relations and the aircraft of other Contracting States engaged in such relations. In order not to interfere with air navigation when there is no need, the region for such a ban should have a well-thought-out size and location. The image of such a restricted area on the territory of the contracting state, as well as any changes made to them later, is sent to another contracting state and the International Civil Aviation Organization as soon as possible. (B) each Contracting State also reserves the right, under special circumstances or during a state of emergency or in the interest of Public Safety, to urgently, temporarily restrict or prohibit flight throughout its territory or in any part of it, provided that such restriction or prohibition applies to aircraft of all other states, regardless of their nationality. (c) each Contracting State May, on the basis of its own rules, require any aircraft entering the regions provided for in subitems A) or b) above to arrive at any specified airport within its territory within the shortest possible time.

Article 10 landing at Customs Airport

Any aircraft entering the territory of the contracting state shall arrive at the airport specified by that state for the purpose of passing customs and other control, except in cases where it is allowed to cross the territory of the contracting state without landing in it under the terms of this convention or with a special permit, if this is required by the rules of this state. When departing from the territory of the contracting state, such an aircraft departs from the specified customs airport in the same manner. The state shall publish all said customs airport data and send it to the International Civil Aviation Organization, based in accordance with Part II of this convention, for transfer to all other Contracting States.

Article 11 application of the air traffic regulation

The laws and regulations of a Contracting State concerning the dispatch to or return from its territory of aircraft engaged in international air navigation shall apply to aircraft of all Contracting States, regardless of their nationality, subject to the provisions of this Convention or the use and navigation of such aircraft when disembarking such aircraft within its territory, and when such aircraft disembark within the territory of that State, it is retained upon return or availability.

Article 12 Flight rules

Each Contracting State is obliged to take measures to ensure that every aircraft flying or maneuvering within its territory, as well as every aircraft carrying its national designation, complies with the rules and regulations applicable there regarding the flight and maneuvering of aircraft wherever such aircraft is flying. Each contracting state undertakes to maintain as much as possible the uniqueness of its provisions in this area and the provisions established in accordance with this convention as time passes. Over the open sea, the provisions established in accordance with this convention are the provisions in force. Each contracting state undertakes to ensure that all persons who violate the current regulations are brought to justice.

Article 13 regulation on entry and launch into the territory

The laws and regulations of passengers, crew of aircraft or cargo relating to entry into or departure of the territory of the Contracting State shall be observed by such passengers as the rules relating to entry, exit, immigration, passport and Customs Control and quarantine, or shall be observed from their names in relation to the arrival, departure or stay of the cargo in the territory of that state.

Article 14 prevention of the spread of diseases

Each Contracting State agrees to take effective measures to prevent the spread of cholera, epidemic typhus, smallpox, jaundice, plague and other infectious diseases determined by the contracting states through air navigation, and to this end, the Contracting States supports direct consultations with institutions dealing with international regulation in the field of sanitary measures used on aircraft. Such consultations shall be carried out without prejudice to any existing international convention in which the contracting states are parties on this issue.

Article 15 airport fees and similar fees

Each airport in the contracting states that is open for public use of its national aircraft will also be open to aircraft of all other Contracting States in a unique situation, subject to the provisions of Article 68. Such a unique situation applies when using all air navigation equipment that can be put into public use by each contracting state, including radio and meteorological support, in order to ensure the safety and efficiency of air navigation.  Any fee that may be levied or may be levied by the contracting state from any other Contracting State for the use of such airports and air navigation facilities: (A) in respect of aircraft not engaged in regular international air traffic, - from the fees levied on national aircraft of their own class, engaged in similar relations; (B) in respect of aircraft engaged in regular international air relations, - fees levied on national aircraft engaged in similar international air relations. Information on such fees is published and communicated to the International Civil Aviation Organization, so that, at the request of the interested contracting state, the fees levied for the use of the airport and other means are subject to consideration by the Council, which submits a report on them and submits recommendations for consideration by the interested state or states. No Contracting State shall charge any duties, taxes or other fees other than those paid only for the transit of any aircraft of the contracting state through its territory or the right to fly to or from its territory, or for persons and property on it.

Article 16 aircraft inspection

The Competent Authority of each Contracting State shall have the right to inspect and verify the certificates and other documents provided for by this Convention on the aircraft of another contracting state upon their arrival or departure without their unjustified delay.

CHAPTER III WHAT NATIONALITY ARE AIRCRAFT

Article 17 which nationality the aircraft belongs to

Aircraft are registered in any state of the nation of that state.

Article 18 double registration

The registration of an aircraft from one state to another is not considered a legal registration, but its registration can move from one state to another.

Article 19 national laws governing registration

In any contracting state, the registration of aircraft orthe substitution of registration is carried out in accordance with its laws and regulations.

Article 20 availability of signs

Any aircraft engaged in international air navigation will have the appropriate national and registration marks.

Article 21 notification of Registration

Each Contracting State is obliged to register with any contracting state or International Civil Aviation Organization upon request and provide information relating to the ownership of any specific aircraft registered in that state. At the same time, each contracting state sends a notification to the International Civil Aviation Organization, which the latter can establish in accordance with the same rules, which must contain relevant data on the ownership and control of aircraft registered in this state and usually engaged in international air navigation. The data obtained in this way is transferred by the International Civil Aviation Organization at their request to other Contracting States.

CHAPTER IV MEASURES TO PROMOTE AIR NAVIGATION

Article 22 simplification of formal actions

Each Contracting State agrees to take all possible measures to promote and speed up the navigation of aircraft between the contracting states by issuing special regulations or otherwise, and to prevent delays in aircraft, passengers and cargo when there is no need, especially in the application of laws related to immigration, quarantine, customs control and withdrawal.

Article 23 customs procedures and immigration procedures

Each contracting state undertakes to establish Customs and immigration procedures related to international air navigation, as many times as it considers possible, in accordance with the practice that may be established or proposed in accordance with the passage of time in accordance with this convention. None of the provisions of this convention shall be construed in such a way as to prevent the creation of airports that exempt airports from the execution of conventional customs procedures.

Article 24 customs duties

(a) when flying to, from or through the territory of another contracting state, the aircraft shall be temporarily sent without payment of duties, subject to the customs regulations of that state. Fuel, lubricants, spare parts, complete equipment and stocks that were on board the aircraft of the contracting state upon arrival in the territory of another contracting state and remained on board when leaving the territory of this state are exempt from customs duties, search fees and similar state or local duties and fees. This exemption does not apply to any unloaded cargo, regardless of their quantity and name, except in cases stipulated by the customs regulations of this state, which may require that they be under customs supervision. (B) spare parts and equipment imported into the territory of the contracting state for installation or use on an aircraft engaged in international air navigation of another Contracting State shall be exempt from customs duty, subject to compliance with the rules of the state in which these items may be provided for under customs supervision and control.

Article 25 crashed aircraft

Each contracting state undertakes to take measures to provide assistance to an aircraft that has crashed on its territory as much as possible, and if it is necessary to exercise control by its authorities, the owner of this aircraft decides on assistance measures as required by this situation by the authorities of the state in which this aircraft is registered. Each Contracting State will cooperate in implementing the agreed measures that may be proposed in accordance with this convention as time passes, when the search for the missing aircraft is organized.

Article 26 investigation of events

In the event of an incident on an aircraft of one contracting state on the territory of another contracting state that caused death or significant physical injury, or caused a significant technical malfunction of the aircraft or air navigation equipment, the state in the territory of the incident shall appoint an investigation into the circumstances of the incident in accordance with the procedures that may be provided by international civil aviation organizations, this is allowed by its laws. The state in which the aircraft is registered provides the possibility of appointing observers to participate in the investigation, and the state conducting the investigation sends a report and an opinion on the investigation to that state.

Article 27 release from arrest on patent demand

(a) any authorized flight of an aircraft of one contracting state through the territory of another contracting state when carrying out international air navigation, or permitted transit flight through the territory of that state with or without landing, on the grounds that the design, mechanism, mechanisms, additional equipment of the aircraft or its use is a violation of the right to any patent, industrial version and model, the latter does not entail any claim against the owner or user or any other interference by or on behalf of this state or any person in its territory; therefore, in the state in which such aircraft has arrived, it can be said that no bail is required in connection with the above-mentioned exemption from arrest or detention of the aircraft, in any case. (B) the provision in Paragraph A of this article shall also apply to the right to store and operate spare parts and auxiliary equipment for the aircraft and their use and installation, provided that any patented parts or equipment is not sold or distributed within the country or stored from the Contracting State for commercial export to the territory from which that aircraft has arrived. C) the privileges provided for in this article shall be applied only in the following state - the parties to this convention, or 1) the parties to the International Convention for the protection of industrial property and any amendments to it, or 2) the state that recognizes the innovations of citizens of other states parties to this convention and has adopted patent laws that ensure their proper protection.

Article 28 Aeronautical instruments and standard systems

Each contracting state, to the extent it considers it possible, shall: a) transfer airports, radio and meteorological services and other aeronautical facilities within its territory to International Aeronautics in accordance with the standards and practices proposed or established in accordance with the passage of time in accordance with this convention; (B) adopt and put into effect the relevant standard systems of communication, code, marking, signal, lighting equipment and other operating practices procedures and rules that may be submitted or established in accordance with this convention due to the passage of time; (C) undertake to cooperate in international measures to ensure the production of aeronautical maps and circuits in accordance with the standards proposed or established in accordance with this convention due to the passage of time.

CHAPTER V CONDITIONS TO BE OBSERVED IN RESPECT OF AIRCRAFT

Article 29 documentation contained in the aircraft

On board each aircraft of the contracting state engaged in international navigation, in accordance with the conditions established by this convention, the following documents are provided: a) its certificate of registration; b) its certificate of airworthiness; C) the corresponding certificate of each crew member; E) the onboard logbook; F) if it is equipped with radio equipment - permission to the onboard radio station; f) if it is carrying passengers - a list of their surnames indicating the place of departure and landing; g) if it is carrying cargo - the cargo must have a manifest and a detailed declaration.

Article 30 radio equipment of aircraft

(a) Each Contracting State may have radio broadcasting equipment on an aircraft within or over the territory of another contracting state only if the Competent Authority of the state to which the aircraft is registered authorizes the installation and operation of this equipment. The use of radio equipment in the territory of the contracting state in which the flight is conducted is carried out in accordance with the rules established by this state. b) radio broadcasting equipment may only be used by flight crew members who have a special permit issued by the Competent Authority of the state in which the aircraft is registered.

Article 31 Certificate of airworthiness

Each aircraft engaged in international navigation is provided with a certificate of airworthiness issued or entered into force by the state in which this aircraft is registered.

Article 32 Identification of crew members

(A) each pilot of an aircraft engaged in international navigation and the crew of each aircraft other members of the flight staff shall be provided with certificates of qualification issued by the state in which this aircraft is registered, and or certificates entered into force. (B) each contracting state reserves the right to refuse to recognize a qualification certificate and certificates issued by another contracting state to any of its citizens in order to perform flights over its territory.

Article 33 recognition of testimony and testimony

Airworthiness certificates and qualification certificates issued or enforced by the contracting state in which the aircraft is registered, as well as testimonials, shall be deemed valid if the requirements by other Contracting States for which such certificates or testimonials have been issued or entered into force meet or exceed the minimum standards that may be established over time in accordance with this convention.

Article 34 onboard magazines

On each aircraft engaged in international navigation, an onboard log is kept, into which data is entered on the aircraft, its crew and each flight object that occurs in accordance with this convention with the passage of time.

Article 35 restrictions on cargo

(a) no military equipment or military material, except with the permission of that state, shall be transported to or from the territory of the state by an aircraft engaged in international navigation. The International Civil Aviation Organization, taking into account the purpose of the uniqueness of the proposals that it can make over time, determines by its provisions those that are military equipment or military materials in accordance with art. (b) each Contracting State is in the interests of maintaining public order and security, provided that there is no difference between its national aircraft engaged in international navigation and aircraft of other states engaged in similar activities, it also reserves the right to regulate or prohibit the transportation of other things to or over its territory, except as specified in subparagraph A), in the event that no restrictions are established on the aircraft that may interfere with the transportation and use of equipment necessary for the operation or navigation of the aircraft or necessary to ensure the safety of crew members or passengers.

Article 36 photography equipment

Each contracting state may prohibit or regulate the use of photographic equipment on board the aircraft on its territory.

CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 37 adoption of international standards and procedures

Each contracting state undertakes to cooperate in ensuring that the rules, standards, procedures and organizations relating to aircraft, personnel, Airways and supplementary activities achieve the maximum level of uniqueness on all matters in which such uniqueness develops and improves Aeronautics. For this purpose, the International Civil Aviation Organization provides: a) communication systems and navigation equipment, including ground marking; b) descriptions of airports and landing sites; (c) Flight rules and air traffic control practices; (d) Qualifications of flying and technical personnel; (e) airworthiness of aircraft; (f) Registration and similarity of aircraft; (g) Collection and exchange of meteorological information; (h) Flight logs; (i) aeronautical charts and diagrams; (j) Customs and immigration control rituals; k) adopt international standards, recommended practices and procedures related to crashed aircraft and the investigation of what happened;as well as other issues related to safety, the sequence and efficiency of Air Navigation, which may be correct to accept due to the passage of time, and modify it if necessary due to the passage of time.

Article 38 deviation from international standards and procedures

Any state that considers it difficult to fully comply with any international standards or procedures in all respects, or to fully align its own rules or practices with any international standard or procedures after the last change, or considers it necessary to adopt a rule or practice that differs from the rules established by the international standard, shall immediately inform the International Civil Aviation Organization of the differences between its own practice and the practice established by the international standard. In the event of a change in the international standard, any state that does not make changes to its individual rules and practices shall notify the Council of this within sixty days of the adoption of an amendment to the international standard or indicate the measures it considers to be taken. In any such case, the Council shall inform all other states of the differences between one or more provisions of the international standard and the relevant national practice in that state.

Article 39 signs in testimony and testimony

A) when issuing a certificate of Airworthiness Certificate in respect of any aircraft or part of it that has a state airworthiness standard or flight characteristics and - in one way or another-does not meet this standard, a complete list of parts of the aircraft or its parts that do not meet such a standard is entered or attached to it. (B) the certificate of any person who is not fully satisfied with the conditions established by the International Standard shall include or be attached to the certificate or certificate of the class in which this person is the owner, a complete list of all data for which this person is not responsible for such an agreement.

Article 40 validity of testimony and testimony in which signs are forged

No aircraft, nor any member of staff with certificates or testimonials with a sign, shall participate in international navigation, unless with the permission of the state or the states in the territory where they arrive. Registration or use of any such aircraft or any certified part of it in any other state, except for its original certified ones, is left to the jurisdiction of the state from which the aircraft or its part is imported.

Article 41 recognition of the applicable airworthiness standards

The provisions of this chapter do not apply to aircraft and aviation equipment of this type, the prototype of which is issued by the competent national body for certification before the expiration of three years from the date of adoption of the international airworthiness standard for such equipment.

Article 42 recognition of the current standards of qualification of employees

The provisions of this chapter do not apply to an employee for whom an initial certificate has been issued before the expiration of one year after the first adoption of such an international standard of Employee Qualification; however, they apply in any case to all employees for whom the certificate remains valid within one year from the date of adoption of such standard.

PART II INTERNATIONAL CIVIL AVIATION ORGANIZATION

CHAPTER VII ORGANIZATION

Article 43 name and structure

This convention establishes the organization under the name "International Civil Aviation Organization". It consists of an assembly, a council and other bodies that may be required.

Article 44 objectives

Develop principles and methods of international air navigation and: A) ensure the safety and regulation of the development of International Civil Aviation around the world; b) encourage the art of aircraft design and its peaceful use; C) encourage the development of air routes, airports and air navigation facilities for International Civil Aviation; d) meet the demand of the peoples of the world for safe, stable, efficient and economical air transport; F) avoid economic losses caused by off-road competition; f) ensuring full respect for the rights of the contracting states and fair use of the opportunities of air companies engaged in international air traffic for each Contracting State; g) preventing discrimination against the contracting states; h) promoting the safety of flights in International Aeronautics; i) promoting the planning and development of international air transport to provide general assistance to International Civil Aeronautics in all its aspects.

Article 45 permanent location

The permanent location of the organization will be determined by the final meeting of the provisional Assembly of the provisional International Civil Aviation Organization, established by the provisional agreement on International Civil Aviation, signed in Chicago on December 7, 1944. The location may be moved to any other location by decision of the Council.

Article 46 first session of the Assembly

The first session of the Assembly shall be convened immediately by the Provisional Council of the aforementioned provisional organization upon entry into force of this convention at the time and place determined by the Provisional Council.

Article 47 legal capacity

The organization has such legal capacity as is necessary for its functioning on the territory of each Contracting State. It is granted full legal subjectivity in all places of the relevant state, which complies with its constitution and laws.

CHAPTER VIII ASSEMBLY

Article 48 Assembly session and voting

a) the Assembly meets annually and conveys it to the Council at a suitable time and place. An extraordinary session of the Assembly may be held at any time at the request of the council or at the request of any of the ten Contracting States sent to the secretary-general. (B) all Contracting States shall have equal rights at the session of the Assembly, and each Contracting State shall have the right to one vote. Delegates representing the contracting state may be accompanied by technical advisers who may attend meetings, but they do not have the right to vote. (C) the participation of a majority of the contracting state in a meeting of the Assembly is required for the Quorum to be collected. The decision of the Assembly shall be taken by a given majority of votes, unless otherwise provided by this convention.

Article 49 rights and obligations of the Assembly

The rights and duties of the assembly are: a) from electing its chairman and other officials for each session; b) from electing a contracting state to represent it in the Council, in accordance with the provisions of Chapter IX; C) from reviewing the Council's report and taking appropriate measures on it, as well as from making decisions on any matter advised to it; d) from establishing; (e) approve the annual budget by voting and establish the financial measures of the organization in accordance with the provisions of Chapter XII; (f) verify the expenses of the organization and approve the financial statements; (g) submit, at the Council's own discretion, to the auxiliary commissions or any other body any matter within the scope of its activities; (H) grant the Council the rights and powers necessary or desirable for the performance of the organization's duties; (i) enforce the relevant provisions of Chapter XIII; (j) Consideration of proposals for amendments and amendments to the provisions of this Convention and their submission to the Contracting States in accordance with the provisions of Chapter XXI, if they accept these proposals; (k) Consideration of any matter not directly related to the responsibilities of the Council, affecting the scope of the organization.

CHAPTER IX THE COUNCIL

Article 50 Composition of the Council and its election

a) the council is the permanent body responsible to the Assembly. It consists of twenty-one contracting states elected by the Assembly. Elections are held at the first session of the Assembly and henceforth every three years; members of the Council elected in this way carry out their duties until the next election. b) when the Assembly elects the members of the Council, the following states: 1) states that play a leading role in airspace; 2) states that make the most contribution to the provision of service facilities for International Civil Air Navigation, not included on a different basis; 3) ensure the proper representation of states, the appointment of which ensures the representation of all major geographical areas of the world in the council, not included on any other basis. The assembly will fill any vacancy in the Council as soon as possible. Any contracting state elected to the council in this way shall carry out its duties until the expiration of the powers of its guide. (c) no representative of the contracting state in the council is actively involved in the use of international air relations or has a financial interest in such relations.

Article 51 president of the Council

The council elects its president for a term of three years. He may be re-elected. The Council, which does not have the right to vote, elects several vice presidents from among its members, who retain the right to vote while serving as President. The president does not have to be elected from among the members of the council, but if such a representative is elected to the post of President, his seat is considered vacant and the state he represents occupies that seat. The main tasks of the president are: a) to convene the council, the Air Transport Committee and the Aeronautical Commission; b) to act as a representative of the Council; c) performing the work assigned by the Council on behalf of the Council.

Article 52 Voting in the Council

The decisions of the Council require the approval of the majority of its members.The Council may delegate its powers on any particular issue to a committee formed from among its members. The decision of any committee of the Council may be appealed to the Council by any interested Contracting State.

Article 53 participation without the right to vote

Any contracting state may participate in the consideration of any issue that particularly affects its interests by the Council and its committees and commissions, even if it does not have the right to vote. None of the members of the council participates in voting during the consideration of a dispute by the Council, of which he is one of the parties.

Article 54 mandatory services of the Council

The council shall: (A) deliver annual reports to the Assembly; (b) carry out the Assembly's instructions and fulfill the duties and obligations imposed by this convention; (C) determine its organizational structure and its own rules of procedure; (d) appoint and determine the duties of the air transport committee, formed from among the representatives of the council members and responsible to them; (e) approve the Aeronautical Commission in accordance with the provisions of Chapter X; (f) dispose of the organization's finances in accordance with the provisions of chapters XII and XV; (g) establishes the salary of the president of the Council; (h) appoints the chief executive official, called the secretary general, and also takes measures to appoint another employee that will be required in accordance with the provisions of Chapter XI; (i) requests, collects, studies and publishes data related to the development of air navigation and the use of international air traffic, including data on operating expenses and; (k) inform the contracting states of any violation of this convention, as well as of any failure to comply with the recommendations or decisions of the council; (l) adopt international standards and recommended practices in accordance with the provisions of Chapter VI of this convention; call them annexes to this convention for convenience; and inform all contracting states of the measures taken; (m) consider the proposals of the Aeronautical Commission to amend the annexes and take measures in accordance with the provisions of Chapter XX; (n) any matter submitted by any contracting state in respect of the Convention shall be considered.

Article 55 optional functions of the Council

The Council may: (a) at reasonable times and, as practice shows, at will, establish subordinate air transport commissions on a regional or other basis and identify groups of States or airlines, the Council may contribute to the achievement of the objectives of this Convention with their assistance or intervention; (b) delegate to the Air navigation Commission additional responsibilities to the tasks of As set out in the Convention, such powers may be revoked or modified at any time.; c) conduct research on all aspects of Air Transport and air navigation of international importance, communicate the results of their research to the contracting states and promote the exchange of information between the contracting states on air transport and air navigation; E) study any issues that contribute to the organization and use of international air transport, including issues of international ownership and the use of international air; (e) any situation in which there may be obstacles to the development of international air navigation that can be eliminated at the time of its occurrence may be investigated at the request of any contracting state and, after this investigation, publish a report that it deems necessary.

CHAPTER X AERONAUTICAL COMMISSION

Article 56 nomination of members to the Commission and their appointment

The Aeronautical Commission consists of twenty members appointed by the council from among the persons nominated by the contracting states. These people must have the appropriate qualifications and experience in the scientific and practical fields of Aeronautics. The council applies to all contracting states with a request to nominate candidates. The chairman of the Aeronautical Commission is appointed by the Council.

Article 57 duties of the Commission

The Aeronautical Commission shall: (A) consider proposals to amend annexes to this convention and submit them to the Council for adoption; (B) approve Technical Sub-commissions that can be maintained by a representative of any contracting state, if it so wishes; (C) advise the Council on the collection and transfer by the contracting states of all information it deems necessary and useful for the development of Aeronautics.

CHAPTER XI EMPLOYEES

Article 58 appointment of employees

The council shall, subject to the rules established by the Assembly and the provisions of this convention, establish the procedure for the appointment and dismissal of the secretary general and other employees of the organization, the conditions for their training, remuneration, benefits and service to them, and may employ citizens of any contracting state or use the services provided by them.

Article 59 international character of employees

The president of the council, the secretary general and other employees should not ask or receive instructions from any authority established for the organization regarding the performance of their duties. Each contracting state undertakes to fully respect the international nature of the duties of employees and not seek to influence any of its citizens in relation to their performance of duties.

Article 60 immunities and benefits of employees

Each contracting state, to the limit permitted by its constitutional order, undertakes to grant the president of the Council, the secretary general and other employees of the organization immunities and privileges granted to the relevant employees of other international interstate organizations. If a general international agreement on the immunities and privileges of international civil servants is to be concluded, the immunities and privileges granted to the president, secretary general and other employees of the organization must be in accordance with the immunities and privileges granted by such a general international agreement.

CHAPTER XII FINANCE

Article 61 budget and distribution of expenses

The council submits to the Assembly an annual budget, an annual report on the state of accounts and a grouping of all receipts and expenditures. The Assembly shall remove the contributions for the contracting states in accordance with Chapter XV, and shall adopt the budget by vote with all changes it deems necessary, and shall distribute the expenses of the organization among the contracting states on a basis determined by the passage of time.

Article 62 suspension of voting rights

The assembly suspends the right of any contracting state to vote in the Assembly and the Council for non-fulfillment of financial obligations to the organization within the appropriate period.

Article 63 expenses of delegations and other representatives

Each Contracting State shall bear the costs of its own delegation to the Assembly, any person appointed by it to work on the Council, and any auxiliary committees and commissions of the organization itself, the maintenance of appointed members or representatives, travel and other expenses.

CHAPTER XIII OTHER INTERNATIONAL AGREEMENTS

Article 64 security agreements

The organization may conclude relevant agreements with any universal organization established by the peoples of the world for the preservation of peace, through the approval of the Assembly, by voting, in relation to issues related to aviation, within the competence of the organization and directly affecting international security.

Article 65 agreements with other international institutions

The council may conclude agreements with other international institutions on behalf of the organization to adopt general rules regarding employees to maintain Common services, and may conclude such other agreements that may promote the operation of the organization through the approval of the Assembly.

Article 66 services related to other agreements

a) the organization also performs the work imposed by the International Air Transit Agreement and the International Air Transport Agreement, developed in Chicago on December 7, 1944, in accordance with the conditions and rules established in them. (B) members of the Assembly and Council who have rejected the International Air Transit Agreement and International Air Transport Agreement, developed in Chicago on December 7, 1944, are not entitled to participate in voting on any of the issues submitted to the Assembly or Council on the basis of the provisions of the relevant agreement.

PART III INTERNATIONAL AIR TRANSPORT

CHAPTER XIV INFORMATION AND REPORTING

Article 67 submission of a report to the Council

Each Contracting State is obliged for its air companies engaged in international air relations to submit to the Council, in accordance with the requirements set by the Council, Transportation reports, statistics on expenses and financial data indicating all receipts and sources of their origin, among others.

CHAPTER XV AIRPORTS AND OTHER AERONAUTICAL FACILITIES

Article 68 establishment of routes and airports

Each contracting state, subject to the provisions of this convention, may establish a route within its territory on which any international air communication will be carried out, as well as airports that can be used during any such communication.

Article 69 improvement of Aeronautical instruments

If the council considers that airports or other air navigation facilities of any contracting state, including radio and meteorological services, do not fully meet the requirements for the safe, regular, efficient and economical operation of international air traffic, both in operation and planned, it may consult with that state and other states with interests directly interested in finding means that may help to correct this situation and make recommendations for this purpose. If the contracting state does not comply with these recommendations, it is not considered guilty of violating this convention.

Article 70 financing of Aeronautical instruments

In the event of circumstances stipulated by the provisions of Article 69,the contracting state may conclude an agreement with the Council in order to implement such proposals. The state may decide to assume all costs associated with any such agreement. If the state does not make such a decision, the council may, at the request of that state, consent to reimburse all or part of these expenses.

Article 71 issuance and retention of instruments by the Council

If the contracting state requests this, it may in whole or in part consent to the provision of airports and other air navigation facilities, including radio and meteorological services necessary for the safe, regular, efficient and economical operation of international air traffic by other Contracting States on its territory, their staff accumulation, maintenance and administrative management of their activities, and set a fair and reasonable fee for the use of these means.

Article 72 ownership and use of land plots

If land plots are required for instruments financed in whole or in part by the Council at the request of any contracting state, that state grants the land plots either with the preservation of ownership rights at its own discretion, or promotes the use of these land plots by the Council on fair and reasonable terms and in accordance with the laws of that state.

Article 73 expenditure and distribution of funds

The Council may make current expenditures from the general funds of the organization for the purposes of this chapter within the limits of funds that may be allocated by the Assembly in accordance with Chapter XII. The Council shall distribute the reimbursement of the basic costs required for the purposes of this chapter in agreed shares between the Contracting States that have agreed to this and the airlines using the above-mentioned instruments for a reasonable period of time. The Council also distributes the reimbursement of any necessary revolving funds among the consenting States.

Article 74 technical assistance and use of earnings

When the council advances funds at the request of the contracting state or transfers airports or other instruments in whole or in part, the agreement may provide for technical assistance for the management and operation of these airports and other instruments and payment of current expenses for the use of these airports and other instruments and interest and depreciation charges at the expense of income from the use of airports and other instruments through the agreement of that state.

Article 75 transfer of instruments from the consideration of the Council

The contracting state may at any time waive the obligations it has assumed under Article 70 and pay to the Council the amount that, in the Council's opinion, is appropriate in these cases, and take under its jurisdiction the airports and other facilities provided by the Council in accordance with the provisions of articles 71 and 72 on its territory. If the state decides that the amount appointed by the council is reasonably excessive, it may appeal the Council's decision before the Assembly and the Assembly may approve or amend the Council's decision.

Article 76 return of funds

In the event that the states initially made contributions in accordance with Article 73, the funds received by the Council in accordance with Article 75, as well as received at the expense of interest and depreciation charges in accordance with Article 74, the contributions are returned to the initially established states in proportion to the amount of their contributions established by the Council.

CHAPTER XVI JOINT USE ORGANIZATIONS AND POOL AGREEMENTS

Article 77 authorized joint use organizations

Nothing in this convention shall prevent two or more contracting states from establishing co-operation Air Transport Organizations or international operating agencies and from pooling their own air services on any routes and in any areas, however, to such organizations or agencies, as well as to pooling relations, all provisions of this Agreement, including those relating to registration of agreements with the Council, shall apply. The council shall establish the procedure for applying the provisions of this agreement with respect to national aircraft to aircraft used by international operating agencies.

Article 78 role of the Council

The council may recommend that interested contracting states establish joint organizations to operate air services on any routes or in any areas.

Article 79 participation in operating organizations

The state may participate in joint use organizations or pool agreements either through its own government or through one or more air transport companies designated by its own government. These companies may be either wholly or partially state-owned or privately owned only at the discretion of the state concerned.

PART IV FINAL PROVISIONS

CHAPTER XVII OTHER AGREEMENTS ON AERONAUTICS

Article 80 Paris and Havana conventions

Each contracting state undertakes, after the entry into force of this convention, to make without delay a declaration of their denunciation, if it is also a party to any of the convention on the regulation of Air Navigation, signed in Paris on October 13, 1919, or the Convention on Commercial Aviation, signed in Havana on February 20, 1928. This convention replaces the aforementioned Paris and Havana conventions in relations between the contracting states.

Article 81 registration of existing agreements

On the date of entry into force of this convention, all agreements existing and concluded between the contracting state and any other state on aeronautics issues, or between the airline of the contracting state and any other state or the airline of any other state, shall be registered with the council without delay.

Article 82 cancellation of non-binding agreements

The contracting states recognize that this convention shall void all obligations and agreements between them incompatible with its provisions, and undertake not to undertake any such agreements or to conclude similar agreements. The contracting state, which has assumed before joining the organization any obligations incompatible with the provisions of this convention in respect of a non-contracting state or a citizen of a contracting state or a non-contracting state, shall immediately take measures to exempt from these obligations. If an Air company of any contracting state undertakes any such incompatible obligations, the state of its nation shall do everything possible to ensure their termination without delay and shall achieve their termination in any case as soon as such action can be carried out on a legal basis after the entry into force of this convention.

Article 83 registration of new agreements

Any contracting state may enter into agreements that are not incompatible with the provisions of this convention, subject to compliance with the provisions of the previous article. Any such agreement must be registered with the council without delay, which will prepare a publication on it as soon as possible.

CHAPTER XVIII DISPUTES AND NON-FULFILLMENT OF OBLIGATIONS

Article 84 dispute resolution

If any discussion between two or more contracting states regarding the interpretation or application of this convention and its annexes cannot be settled through negotiation, it shall be resolved by the Council at the request of any state involved in this debate. None of the members of the council who are parties to any dispute shall participate in the voting during the consideration of this dispute by the Council. If any contracting state complies with the provisions of Article 85, the decision of the council may be appealed to the arbitration court of ad hoc or the Permanent Chamber of international justice, established in agreement with the other party in the dispute. Notifies the council within sixty days after receiving notification of the Council's decision to make any such complaint.

Article 85 arbitration proceedings

If any contracting state - the party in the dispute against which the decision of the council was appealed - does not recognize the statute of the Permanent Chamber of international justice and the contracting states - the parties in the dispute cannot reach an agreement on the election of an arbitration court, the contracting states-each party in the dispute names one arbitrator, and the arbitrators elect a chief arbitrator. If the contracting states - any of the parties to the dispute-do not mention the arbitrator within three months from the date of appeal of the decision, the president of the council appoints the arbitrator on behalf of that state from the list of qualified persons held by the council. If the judges cannot agree on the chief judge within thirty days, the president of the council appoints him from the above list. The arbitrators and the chief judge then jointly form the arbitration court. Any arbitration court established in accordance with this or the previous article establishes its own procedure and makes its decision by a majority of votes, provided that the council can resolve procedural issues in the event of any delay, which, in the opinion of the council, is excessively long.

Article 86 appeal

Unless otherwise decided by the Council, the decision of the Council on whether an airline operates international air routes in accordance with the provisions of this convention shall remain valid, unless annulled by the appeal procedure. If decisions of the council on any other issue are appealed, they are suspended until a decision on appeal is made. Decisions of the Permanent Chamber of international justice or the arbitration court are final and binding.

Article 87 sanctions against an airline that does not comply with the decision

If the council decides that the airline of any contracting state does not comply with the final decision made in accordance with the previous article, each contracting state undertakes not to allow the activities of this airline in the airspace above its territory.

Article 88 sanctions against a state that does not comply with the decision

The Assembly shall suspend the right of the state to vote in the Assembly and council by any Contracting Party designated as a state that does not fulfill the obligations provided for in the provisions of this chapter.

CHAPTER XIX WAR

Article 89 War and emergency

In the event of war, the provisions of this convention shall not affect the freedom of action of any contracting state covered by war, both warring and neutral. This principle also applies when any contracting state declares a state of emergency within itself and notifies the Council of it.

CHAPTER XX APPLICATIONS

Article 90 adoption of annexes and amendments to them

(a) the adoption by the Council of the annexes referred to in subparagraph "l" of Article 54 requires two-thirds of the votes of the Council at a meeting convened for this purpose, after which the Council shall send them to each Contracting State. Any amendment to any such annex or annex shall enter into force at the end of this time if the majority of the contracting states have not notified the Council of their disagreement within three months of their submission to the contracting states or within such a longer period as may be established by the Council. (B) the Council shall notify all contracting states without delay of the entry into force of any Annex.

CHAPTER XXI APPROVAL, ACCESSION, AMENDMENTS AND UNILATERAL VIOLATIONS

Article 91 ratification of the convention

(a) the signatory states of this convention shall ratify it. Certificates of ratification are deposited in the archives of the Government of the United States of America, the latter notifying each of the signatory states and acceding to this Convention on the date of such transfer. (B) as soon as twenty-six states have signed or acceded to this convention, it shall enter into force for them on the thirtieth day after the deposit of the twenty-sixth document. In the future, it shall enter into force for it on the thirtieth day after the deposit of the certificate of approval of each state that approved it. (C) the Government of the United States is responsible for informing the Government of each of the signatories and acceding States of this Convention on the date of entry into force of this convention.

Article 92 accession to the convention

(a) this convention is open to the members of the United Nations and the states that have joined them and the world states that remain neutral during this conflict. (B) accession shall be made by notification to the Government of the United States of America and shall enter into force on the thirtieth day from the date of receipt of the notification by the Government of the United States of America, the latter of which shall notify all contracting states of this.

Article 93 entry of other states

In addition to the states referred to in articles 91 and 92 (a), other states may also be included in participation in this convention, subject to approval by any universal international organization established by the peoples of the world for the preservation of peace, by a quarter of the vote of the Assembly and the conditions that the Assembly may establish; in each individual case, the consent of each state that has experienced

Article 94 amendments to the convention

(a) any amendment submitted to this convention shall be approved by two-thirds of the vote of the Assembly and shall then enter into force with respect to the states that have ratified such amendment after its ratification by the contracting states, the number of which shall be determined by the Assembly. Their total number is at least two-thirds of the total number of contracting states. (B) if, in the opinion of the Assembly, the nature of the amendment justifies this measure, the Assembly may, in its resolution proposing the adoption of the amendment, stipulate that any state that has not ratified it within the established period after the entry into force of the amendment ceases to be a member of the International Civil Aviation Organization and a party to the convention as a result.

Article 95 unilateral violation of the convention

(a) any contracting state may notify the Government of the United States of its cancellation by notification sent three years after the enactment of this convention, the latter notifying each contracting state without delay. (B) the annulment shall enter into force one year after the date of receipt of the notification and shall apply only to the state in which the convention has been annulled.

CHAPTER XXII DEFINITIONS

Article 96 for the purposes of this convention:

a)" air traffic " means any regular air traffic carried out by aircraft for the purpose of public transport of passengers, mail or cargo. b)" international air traffic " means air traffic carried out through airspace over the territory of states, the number of which exceeds one. C)" Air Enterprise " means any air transport enterprise that provides or operates international air services. (d)" stop for non-commercial purposes " means landing on board for any purpose other than receiving or unloading passengers, cargo or mail.

SIGNING OF THE CONVENTION

The authorized representatives, duly authorized to sign below, signed this Convention on behalf of their respective governments on the date specified in their signature. In Chicago, on the seventh day of December 1944, English was created. The text, made in English, Spanish and French, each of which is of equal origin, was created in Washington, D.C. Both texts are deposited in the archives of the United States Government, and this government sends certified copies to the governments of all states that may sign or accede to this convention.

THE CHICAGO CONVENTION

Amendment to Article 45

(Protocol signed in Montreal on June 14, 1954)

The period at the end of Article 45 of the convention is replaced by a comma and added as follows: "different from the time-by the decision of the Assembly,and such a decision must be made by the number of votes determined by the Assembly. The number of votes set in this way shall be at least one-fifth of the total number of contracting states."Amendments to articles 48 (a), 49 (E) and 61

(Protocol signed in Montreal on June 14, 1954)

The words "annually" in Article 48 (A) are replaced by the phrase "at least once every three years". The phrase "annual budget" in Article 49 (E) is replaced by the phrase "annual budgets". The "annual budget" and "budgeted" in Article 61 ... the phrases" by voting "mean" annual budgets "and" budgets ... by the way of voting".

Amendment to Article 48 (a)

(Protocol signed in Rome on September 15, 1962)

The second clause in Article 48 (A) of the convention shall be abolished and replaced with: "extraordinary sessions of the Assembly may be held at any time, at the request of the council or at the request of at least one fifth of the total number of contracting states, sent to the secretary-general."

Amendment to Article 50 (a)

(Protocol signed in Montreal on June 21, 1961)

The phrase "twenty-one" in Article 50 (a) of the convention is abolished and replaced by the phrase "twenty-seven".

Amendment to Article 50 (a)

(Protocol signed in New York on March 12, 1971)

The second sentence in Paragraph A of Article 50 of the convention shall be abolished and replaced by: "it shall consist of thirty Contracting States elected by the Assembly"

Amendment to Article 50 (a)

(Protocol signed in Montreal on October 16, 1974)

The second sentence in Article 50 (a) of the convention shall be amended, replacing the word "thirty" with the word "thirty-three".

Amendment to Article 56

(Protocol signed in Vienna on July 7, 1971)

The phrase "from twenty members" in Article 56 of the convention is replaced by the phrase "from fifteen members".

Amendment-introduction of Article 93 (BIS)

(Protocol signed in Montreal on May 27, 1947)

Article 93 (bis)

a) regardless of the provisions set out in articles 91, 92 and 93 above, 1) a state whose government is proposed to be deprived of the right to be a member in international institutions established by the United Nations General Assembly or with which it has established relations immediately ceases to be a member of the International Civil Aviation Organization. (2) a state excluded from the list of members of the United Nations immediately ceases to be a member of the International Civil Aviation Organization, unless the General Assembly of the United Nations has supplemented its act of exclusion with a proposal for reinstatement. (b) a state that has ceased to be a member of the International Civil Aviation Organization due to the provisions of Paragraph (A) above may be re-admitted to the International Civil Aviation Organization at its own request and with the approval of the majority of the council, after approval by the General Assembly of the United Nations. (C) the exercise of the rights and privileges belonging to them by members of this organization as members of the United Nations shall be suspended, at the request of the latter, their exercise of the rights and privileges arising from membership in this organization shall be suspended.

Specialists:

Kasymbekov B. A.

The Republic Of Kazakhstan

President

Republic of Kazakhstan

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