Article 51. Aircraft lease of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities
1. Citizens or organizations of the Republic of Kazakhstan who own an aircraft registered in the State Register of Civil Aircraft of the Republic of Kazakhstan have the right to lease an aircraft with or without a crew to an operator of the Republic of Kazakhstan or a foreign operator.
An operator of the Republic of Kazakhstan has the right to lease an aircraft with or without a crew, owned by citizens or legal entities of the Republic of Kazakhstan or a foreign state, on the terms stipulated by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.
1-1. Lease by an operator of the Republic of Kazakhstan of an aircraft without a crew registered in a foreign state or by a foreign operator of an aircraft of the Republic of Kazakhstan without a crew is carried out only if there is an agreement concluded between an authorized organization in the field of civil aviation and the competent authority of the foreign state in which this aircraft is registered, in accordance with the Convention on International Civil Aviation. Such an agreement must be registered with the International Civil Aviation Organization (ICAO).
1-2. The lease by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to citizens or legal entities of the Republic of Kazakhstan is carried out for the duration of the contract without registration in the certificate of the operator (certificate of performance of aviation works) of the lessee.
The lease by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to an operator of a foreign state is allowed by permission of an authorized organization in the field of civil aviation in the following proportion (except for the lease of an aircraft with a crew belonging to an operator of a foreign state, used exclusively for cargo transportation): for a lessee with a fleet of up to five aircraft, no more than one aircraft and for a lessee with a fleet of more than five aircraft, – no more than twenty percent of the total fleet of aircraft used for regular and irregular flights, and for a period of no more than two months within one year without registration in the lessee's operator's certificate. The passenger capacity and cargo capacity of the leased aircraft must be comparable to the passenger capacity and cargo capacity of the lessee's aircraft.
At the same time, passengers must be notified by the lessee about which carrier is actually operating the flight.
The lease of an aircraft with a crew owned by an operator of a foreign country, used exclusively for the transportation of goods, is permitted to the operator of the Republic of Kazakhstan for three years from the date of conclusion of the lease agreement for an aircraft with a crew, subject to the following conditions:
1) at the beginning of the term of the specified lease, the operator of the Republic of Kazakhstan has been operating as an air carrier for at least ten years;
2) preferential ownership and effective control over the operator of a cargo aircraft belongs to the Republic of Kazakhstan or its citizens;
3) the operator of the Republic of Kazakhstan has not previously leased an aircraft with a crew belonging to an operator of a foreign state used exclusively for cargo transportation;
4) the total service life of the leased aircraft does not exceed thirty years.
The authorized organization in the field of civil aviation revokes a permit previously issued to an operator of the Republic of Kazakhstan for the lease of an aircraft with a crew in cases of non-compliance with flight safety requirements, lack of effective operational control by the lessee or lessor, or supervision by the State that issued the operator's certificate and certificate of airworthiness for the leased aircraft.
2. A foreign lessee is prohibited from flying on a leased aircraft registered in the State Register of Civil Aircraft of the Republic of Kazakhstan or its operator is a civil aviation organization of the Republic of Kazakhstan in a combat zone, armed conflicts and flights related to the transportation of weapons, ammunition, military formations.
3. Excluded by the Law of the Republic of Kazakhstan dated 05/10/2017 No. 64-VI (effective ten calendar days after the date of its first official publication). 4. Excluded by the Law of the Republic of Kazakhstan dated 05/10/2017 No. 64-VI (effective ten calendar days after the date of its first official publication).
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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