The Convention on International Civil Aviation
The Convention on International Civil Aviation (Convention on International Civil Aviation), which will be called hereinafter the Chicago Convention, the legal basis of international civil aviation. It was signed by representatives of the Contracting States 52 (Contracting State) at the International Civil Aviation Conference held in Chicago (USA) in 1944, the Chicago Convention has successfully passed the test of time and today remains a reliable basis for the development and consistent functioning of the International Civil Aviation.
The main reasons that led to the need for the signing of the Chicago Convention, related to the evolution of the processes of development as the aviation industry, and international passenger and cargo traffic by various modes of transport. Largely particular manifestation of these evolutionary processes were due to the preparation and course of the Second World War, that actualized the problem of international air traffic.
By the early 40-ies of XX century. in the group of industrialized countries in the world air transport and aviation activities reached a level at which their continued success and compete in the international transport with other modes of transport become difficult without uniting and coordinating the efforts of the States concerned. It has formed an extensive network of international passenger and cargo air transport services, which has created many problems of political, commercial and technical nature requiring uniform and at the same time acceptable to the majority of decisions in the interests of maintaining peace in the world.
These problems are dealt with global issues, in particular, concerns the possibility of the emergence of legal and economic conflicts at the intersection of aircraft state borders in peacetime, the rights and responsibilities (technical and commercial) in connection with flights Sun one country within or through the territory of other countries as well as private issues of international air services (eg, maintenance of air navigation facilities, many of which are located in sparsely populated areas). Possible solutions to these problems through agreements between air carriers on the basis of either individual or inter-State bilateral agreements, such as the International Air Transport Association (International Air Traffic Association - IATA) - one of the largest non-governmental organizations at the time, that is. e. is a comprehensive framework of international agreements at the national level have been exhausted. Intensified demand in the systemic organization of the relationship with air transport, particularly in terms of distribution and consolidation of responsibilities between the parties to the aviation activities, both on the interstate (international), and at the state levels.
Thus, for the effective functioning of air transport, provision of conditions for its development and the realization of benefits in relation to other modes of transport has become a very urgent need to establish comprehensive guidelines and rules that would ensure:
- a sufficient level of consistency to regulate the emerging air transport relations between states;
- acceptable conditions for the feasibility of these principles and rules by a majority of States;
- safety, efficiency and regularity of air transport;
- conditions for sustainable and effective functioning, as well as the effective development and improvement of the international air transport.
For the orderly development of the GA and the principles of the Chicago Convention, in accordance with its provisions has been created a permanent body - the International Civil Aviation Organization (International Civil Aviation Organisation - ICAO). At the end of 2005 189 ratified the Chicago Convention states that are members of the ICAO.
Areas of international air transport are governed by the provisions of the Chicago Convention. Her 96 articles establish the privileges and obligations of all Contracting States.
Article 37 Chicago Convention provides for the adoption by all the signatory States of International Standards and Recommended Practices (Standards and Recommended Practices - SARPs). These standards form a common (with varying degrees of detail) principles of the methods and procedures of international and national regulation of air transport, as well as structured acceptable uniformity in the construction of a system of responsibility for providing and conducting aviation activities at the international and national levels. In the practice of the international regulation of civil aviation standards and recommended practices are regarded as integral parts of the Chicago Convention. The right to make them available to the Council (Council) ICAO.
To make it convenient to use, SARPs are issued in the form of annexes to the Chicago Convention (Annexes to the Convention on International Civil Aviation). The current
18 app covers key areas of activities of the International Civil Aviation. Some of them (for example, Annex 16) adopted by many countries as national standards.
The composition of the Annexes to the Chicago Convention on International Civil Aviation:
- 1. Personnel Licensing (Personnel Licensing);
- 2. Flight Rules (Rules of the Air);
- 3. Meteorological Service for International Air Navigation (Meteorological Service for International Air Navigation);
- 4. Aeronautical Charts (Aeronautical Charts);
- 5. Units to be Used in Air and Ground Operations (Units of Measurement to be Used in Air and Ground Operations);
- 6. Operation of Aircraft (Operation of Aircraft);
- 7. Nationality and Registration Marks Aircraft (Aircraft Nationality and Registration Marks);
- 8. Airworthiness of Aircraft (Airworthiness of Aircraft);
- 9. Facilitation (Facilitation);
- 10. Aviation telecommunications (Aeronautical Telecommunications);
- 11. Air Traffic Services (Air Traffic Services);
- 12. Search and Rescue (Search and Rescue);
- 13. Accident investigation (Aircraft Accident and Incident Investigation);
- 14. Airfields (Aerodromes);
- 15. Aeronautical Information Services (Aeronautical Information Services);
- 16. Protection of the environment (Environmental Protection);
- 17. Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference (Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference);
- 18. The Safe Transport of Dangerous Goods by Air (The Safe Transport of Dangerous Goods by Air).
The material set out in the Annexes of the established structure. Each application consists of a preamble, definitions, Standards and Recommended Practices (SARPs), amendments, additions, notes, and applications.
Preface contains historical information and explanatory material relating to the application itself, together with the explanations concerning the other parts.
The definitions explain the terminology employed in the Annex that do not have accepted dictionary meanings and self-explanatory. Definitions not have independent status but is an essential part of every SARPs, in which the term is used (in other words, the content of the terms does not always have the property of "portability" between documents), as the change in the value of the term would affect the specification.
In addition publishes the differences between national regulations and the SARPs, notifications were sent to the ICAO. Addition is located at the end of the Annex to the Chicago Convention. For convenience, the first page of text supplements printed on paper red.
Appendices contain material grouped separately for convenience but forming part of the Annex.
Notes included in the text of the Annexes, where necessary, to give factual information or references to the relevant Annexes to the Chicago Convention, part of which they are not.
Applications SARPs determine the use of the Annexes to the Chicago Convention.
The most important part of the Annex to the Chicago Convention are SARPs. They are a requirement adopted by the ICAO Council, in accordance with the provisions of the Chicago Convention.
Standard - any specification for physical and technical characteristics, configuration, material, personnel or procedure, the uniform application of which is necessary for the safety or regularity of international air navigation and that Contracting States will conform in accordance with the Chicago Convention. This means that the standard is subject to the uniform implementation of the requirements is recognized as necessary for the safety or regularity of international air navigation. According to the adopted by the ICAO editorial practice in the formulation of the requirements in Russian in the text of the Standard verb is placed in the present tense of the indicative mood. Standards have been printed in the text of the Annexes to the Chicago Convention in normal font.
Article 38 Chicago Convention requires that Contracting States notify ICAO of any differences between the systems of the national aviation regulations or operating practices and the International Standards (SARPs), contained in the Annexes to the Chicago Convention and any amendments thereto.
Recommended Practice - any specification for physical and technical characteristics, configuration, material, personnel or procedure, the uniform application of which is recognized as desirable in the interest of safety, regularity or efficiency of international air navigation, and which will seek to comply with the Contracting States under the Chicago Convention. This means that the Recommended Practices - a requirement that is deemed desirable but not mandatory. According to the adopted by the ICAO editorial practice in the formulation of the requirements in Russian text Recommended Practices apply auxiliary verbs "should" or "should". Recommended Practice is printed in the text of the Annex to the Chicago Convention by adding the words in italics with "recommendation".
Notification of differences between national practices and Recommended Practices of ICAO is not required, but Contracting States to notify such differences in those cases where it is important for the safety of air navigation.
SARPs - one of the major technical achievements ICAO, which is the recognition by Contracting States of the need for a certain level of standardization to ensure the safety, efficiency and regularity of air transport. It is important to note that the current ICAO policies on newly introduced standards is realized as securing effective practice of testing their application in bilateral and (or) regional levels.
The Chicago Convention and SARPs essentially form the legal basis of the system of international regulation of the activity of GA defining the privileges and obligations of the Contracting States, the general principles, requirements and mechanisms (methods and procedures) to ensure fulfillment of obligations, privilege use and decision-making at the system of international regulation of the activity GA.
The provisions of the Chicago Convention applies only to civil VS1 (Article 3 Convention).
Article 1 the main principles of the Chicago Convention, the mutual recognition of full and exclusive sovereignty of each Contracting State over the airspace above its territory. However, Article 4 Chicago Convention provides an exception abuse GA and use it for any purpose inconsistent with the aims of the Convention.
Article 37 Chicago Convention provides for cooperation between the Contracting States in order to achieve the greatest possible uniformity in systems of national aviation regulations, standards and procedures that will facilitate international air navigation and to improve it.
Inconsistency systems of National aviation regulations relating to implementation of SARPs, resulting in high costs. Currently, the airline industry is dominated by a dozen states. However, their conditions and characteristics can not be considered representative of the entire world. For this reason, ICAO, as the organization representing all States interested in the development of its aircraft, and must be able to solve the problem of global harmonization of systems of National aviation regulations. This will reduce costs and provide the conditions for a safe, orderly and effective implementation of international air traffic.
Chapter III (Article 17-21) of the Chicago Convention provides for mandatory registration of the sun, bear the nationality and registration marks, keeping the state Reestra2 civil aircraft and the rules of payment and exclude them from the state register, as well as
Row of messages to other Contracting States and ICAO for facilities and operation of the Sun, located in the State Register.
Chapter V of the Chicago Convention provides that every aircraft engaged in international air transport, is bound to have on board documents issued or rendered valid by the State, which is listed in the Register of the Armed Forces. Additional mandatory documents may be established by States on their own.
The SARPs introduced the concept of "Gosudarstvoregistratsii Sun", which is a key and conceptually necessary to describe the mechanisms for the resolution of issues arising in relations between the Contracting States in international air transport, including regulatory issues airworthiness and accident investigation (Article 26 the Chicago Convention) .
Article 39 the Chicago Convention provides that in the event of non-compliances SARPs on aircraft or any of its parts, as well as members of the flight crew, the list of such discrepancies is sure to be submitted or attached to the respective (located on board the aircraft) of certificates and licenses. Article 40 determines the need for restrictions on the participation of the Armed Forces in international air transport.
Article 68 Chicago Convention provides for the right of each Contracting State to allocate airfields and routes for international air navigation.
Article 69-76 Chicago Convention contain provisions pursuant to which the Council through ICAO may provide a solution to issues relating to the maintenance of the required level of air navigation facilities (including radio and meteorological services) in each of the Contracting States if they do not meet the requirements of safe, regular , efficient and economical operation of international air services.
Article 77 the Chicago Convention provides that operators engaged in international air transportation in each of the Contracting States, provided by the ICAO Council reports.
The SARPs also introduced the key concept of "State of the Operator", which is necessary to highlight the objects of regulation (including actors), under the jurisdiction of the Contracting States. This concept is closely related to the concept of "State of registration", in particular with regard to the transfer of functions and responsibilities for the maintenance of LH between the State of registration of the sun and the State of the Operator in case of lease, charter and interchange VS1.
Articles 5-7 Chicago Convention enshrined the fundamental issues relating to the exchange of rights between the Contracting States which, however, does not affect the exchange of commercial rights.
While at the Chicago International Conference on Aviation and achieved satisfactory to all the agreement on the exchange of traffic rights, but in her final act additionally included:
"Transit Agreement International Air Services", which defines the profit sharing rights in scheduled international air services on a multilateral basis, in particular, the conditions for the Armed Forcesany Contracting State to fly or to land for technical reasons, in the territory of any other Contracting State;
"The agreement on international air transport", which, among other things, establishes the conditions for operation of aircraft between the State of registration and any other Contracting State.
Currently, the exchange of rights between the Contracting States have received proper development. В настоящее время вопросы обмена правами между Договаривающимися государствами получили должное развитие. Они представляют собой регулирование: коммерческих прав («свободы воздуха»); справедливой конкуренции; регламентации емкости международных воздушных сообщений; многосторонних механизмов установления и соблюдения авиатарифов; автоматизированных систем бронирования; организации совместной эксплуатации и пульных сообщений; аренды, фрахтования и обмена ВС; передачи определенных функций и обязанностей между Государством регистрации и Государством Эксплуатанта в случае аренды, фрахтования и обмена ВС; авиационного шума; регистрации в ICAO международных соглашений и договоров; международной авиапочты; принципов осуществления нерегулярных авиаперевозок.
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