Adoption of Bill on Introducing Amendments and Additions to the Air Code of the Republic of Belarus

Seven issues were considered at the meeting of the fourth session of the Council of the Republic of Belarus’ National Assembly of the sixth convocation, held on May 30, 2018 under the leadership of Chairman of the Council of the Republic Mikhail Myasnikovich.
Oleg Dvigalev, Chairman of Goscomvoyenprom, reported on the bill “On Introducing Amendments and Additions to the Air Code of the Republic of Belarus”.
Goscomvoyenprom is entrusted with the exercise of powers of a specially authorised body in the field of experimental aviation of the Republic of Belarus following the Decree of President of the Republic of Belarus No. 164 dated April 13, 2015.
According to Oleg Dvigalev, law enforcement practice identified a number of gaps in the Air Code, which do not provide Goscomvoyenprom with the opportunity to fully and properly execute assigned powers in the field of experimental aviation.
“A number of requirements and regulatory prescriptions of the Air Code regulate legal relations only in the civil aviation, while they should also cover relations in the state and experimental aviation,” pointed out head of Goscomvoyenprom to parliamentarians. “The legislation of the Republic of Belarus does not regulate relations connected with the use of unmanned aircraft systems (UASs).”
Thus, law enforcement practice has shown the need to introduce and clearly define such terms as “unmanned aircraft system”, “airworthiness” and “airworthiness certificate”, as well as clarification of the terms in force – “aircraft”, “state aviation”, “type certificate” and “experimental flights” – in order to further streamline the registration, certification and safety of aircraft.”
Articles 22 and 36 of the Air Code are amended to provide the assignment of control over the activities in experimental aviation and aviation personnel in ensuring the safety of experimental aircraft flights to the specially authorised body in the field of experimental aviation (Goscomvoyenprom).
To reduce the risk of damage, it is proposed to establish a mandatory procedure for the UASs certification, depending on the classification of unmanned aerial vehicles (UAVs) by take-off weight (it is considered to be appropriate to extend mandatory certification to UASs including UAVs with a maximum take-off weight of 7 kg or more). In this case, to carry out certification, the requirements for UAVs will be determined by aviation regulations.
In order to eliminate contradictions in the legislation, the Bill proposes to extend the requirement of Article 26 (Maintenance of Airworthiness of Civil Aircraft, Aircraft Engines and Propellers) to experimental aviation (for aviation, which shall be certified).
In addition, the bill provides for the possibility of recognising a type certificate of the aircraft, aircraft engine or propeller of a foreign state that has arrived in the Republic of Belarus for the operation both in the civil and experimental aviation.
The proposed amendments and additions to the Air Code will improve the registration of aircraft, certification of aerial objects, organisation, implementation and maintenance of UAV and experimental aircraft flights, enhance safety requirements, and remove existing legal gaps that prevent Goscomvoyenprom from fully exercising its powers of the authorised body in the field of experimental aviation.
The session of the Council of the Belarusian National Assembly approved the bill “On Introducing Amendments and Additions to the Air Code of the Republic of Belarus”.