Article 28. Deviation of the aircraft from the flight plan.The aircraft is a violator of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities
1. If the aircraft deviates from the established flight plan, the air traffic services authority (air traffic control) is obliged to immediately take the following measures::
1) use all available means to establish communication with the crew of the aircraft and determine the location of the aircraft that deviated from the established flight plan;
2) inform the adjacent air traffic services and air traffic control authorities, into whose area of responsibility the aircraft may have entered or may enter as a result of a deviation.
2. When the location of the aircraft is established, the air traffic services authority (air traffic control) informs the crew of the aircraft about its location and the corrective actions to be performed.
3. An aircraft that violates the State Border of the Republic of Kazakhstan in the airspace or commits another violation of the procedure for using the airspace of the Republic of Kazakhstan is recognized as an infringing aircraft and is subject to forced landing if it does not comply with the requirements of air traffic services and (or) air traffic control authorities.
An infringing aircraft that receives a landing order must immediately land at the specified location.
3-1. The conditions and procedure for taking measures to stop violations of the procedure for using the airspace of the Republic of Kazakhstan by civil aircraft are determined in accordance with this Law and the rules for the use of the airspace of the Republic of Kazakhstan.
4. In cases of a threat to the security of the Republic of Kazakhstan, the life and safety of people on its territory and its strategic facilities, all measures are taken to prevent the threat, including the destruction of an intruder aircraft, in accordance with the Rules for the Use of Weapons and Military Equipment against Aircraft violating the Airspace of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan.
5. In the event that there is reliable information that there are passengers and other persons on the offending aircraft who are not involved in the violation of the order of use of airspace, the State refrains from using weapons against civil aircraft in flight.
The infringing aircraft is subject to detention at the landing airfield in case of non-compliance with the conditions of entry into the airspace of the Republic of Kazakhstan and (or) in cases of violation of the order of use of airspace.
Further flight of the infringing aircraft after investigation of the violation is permitted in accordance with the procedure determined by the Rules for the Use of the Airspace of the Republic of Kazakhstan.
Violation of the established requirements for the use of the airspace of the Republic of Kazakhstan is subject to investigation in accordance with the Rules for the Use of the Airspace of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV.
This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and aviation activities, and defines the procedure for the use of airspace and aviation activities in order to protect human life and health, the environment, the interests of the state, ensure the safety of aircraft flights and meet the needs of the economy of the Republic of Kazakhstan, individuals and legal entities in aviation services.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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