President of the Russian Federation changes to the air code in connection with the accession of the Russian Federation to the Montreal Convention. President of the Russian Federation changes to the air code in connection with the accession of the Russian Federation to the Montreal Convention Air Code with changes of the year

On September 29, 2017, Federal Law No. 228-FZ dated July 29, 2017 came into force, which amended a number of articles of the Air Code of the Russian Federation related to the transportation of baggage and hand luggage. Lawmakers abolished free luggage for non-refundable tickets, and also obliged carriers to establish baggage and hand luggage allowances for other categories of tickets.

Baggage

By virtue of the new edition of Article 103 of the Air Code of the Russian Federation, which regulates the procedure for drawing up air transportation contracts, it is stipulated that the carrier, in the event of a passenger checking in luggage on an aircraft, undertakes to deliver the luggage to the destination and hand it over to the passenger of the aircraft or the person authorized by him to receive the baggage. In addition, legislators specified the rules for free baggage allowance. The new edition of the article, in particular, says:

“The free baggage allowance is established by the carrier and stipulates the number of pieces of baggage and the weight of baggage per aircraft passenger. At the same time, the free baggage allowance cannot provide for less than ten kilograms per aircraft passenger.”

When concluding an agreement for the purchase of non-refundable tickets, the carrier now has the right not to provide for a free baggage allowance. If such an agreement is concluded, the passenger of the aircraft undertakes to pay for air transportation, and when he checks in his baggage, also for the carriage of this baggage. In addition, the article now states that the delivery time for an aircraft passenger and his baggage is determined by the air transportation rules established by the carrier. The responsibility to inform passengers about baggage allowance rests with carriers.

In particular, paragraph 1.1 of this article says:

“The carrier or his authorized person is obliged to inform the passenger about the terms of the contract air transportation passenger, including the condition for the return of the carriage charge upon termination of the contract for the air carriage of a passenger or the non-refund of the carriage charge upon termination of the contract for the air carriage of a passenger, as well as the conditions for the return of the carriage charge paid for air carriage before the conclusion of the contract for the air carriage of a passenger.”

The procedure for such information about the terms of the passenger air carriage agreement, including the condition of the return of the carriage charge upon termination of the passenger air carriage agreement or non-refund of the carriage charge upon termination of the passenger air carriage agreement, must be established by federal aviation rules.

The new version of Article 104 of the Air Code of the Russian Federation provides for the termination of an air carriage agreement at the initiative of the carrier if the passenger refuses to pay for the carriage of his baggage in the amount and on the terms provided for in the passenger air carriage agreement. In addition, termination of the contract is possible if the passenger’s hand luggage or baggage contains items prohibited for transportation on the plane.

Hand luggage

The rules of the new edition of Article 85 of the Air Code of the Russian Federation determine that, as part of pre-flight and post-flight inspection, hand luggage of passengers and crew can be checked in accordance with the norms of the Federal Law “On Police”, if required by safety standards.

According to the provisions of Article 106 of the Air Code of the Russian Federation, the number of services and benefits provided to passengers includes free carriage of hand luggage within the limits established by the carrier in accordance with federal aviation rules approved on the basis of the requirements of the operational documentation of the aircraft, and allows for the placement of hand luggage in the passenger cabin (cabin) of the aircraft. Article 118 of the Air Code of the Russian Federation establishes the responsibility of the carrier, including for the safety of hand luggage. Provided that it is not proven that the loss, shortage or damage (spoilage) of hand luggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him, or the passenger had intent. The provisions of Article 119 of the Air Code of the Russian Federation determine the procedure and amount of compensation for damage or loss of hand luggage.

As required by Article 133 of the Air Code of the Russian Federation, the carrier is obliged to insure the risk of its civil liability to the passenger of the aircraft for damage caused to his life or health, as well as to his baggage and hand luggage, during the transportation of the passenger in accordance with federal law.

RUSSIAN FEDERATION

THE FEDERAL LAW

On amendments to the baggage allowance

Article 1

Introduce into the Air Code of the Russian Federation (Collection of Legislation Russian Federation, 1997, N 12, art. 1383; 2005, N 13, art. 1078; 2007, N 1, art. 29; N 50, art. 6244; 2011, N 7, art. 901; 2012, N 25, art. 3268; 2013, N 23, art. 2882; 2014, N 16, art. 1836; N 30, Art. 4254) the following changes:

1) in article 85:

a) in paragraph 1, replace the words “including things carried by passengers” with the words “hand luggage”;

b) in paragraph one of paragraph 2, the words “including things carried by passengers” should be replaced with the words “hand luggage”;

2) in article 103:

a) paragraph 1

"1. Under the contract for the air carriage of a passenger, the carrier undertakes to transport the passenger of the aircraft to the point of destination, providing him with a seat on the aircraft making the flight specified in the ticket, and in the event that the passenger checks in the luggage of the aircraft, he undertakes to deliver the luggage to the point of destination and give it to the passenger of the aircraft the ship or the person authorized by it to receive the baggage.

An agreement for the air carriage of a passenger, which provides for a condition for the return of the carriage charge upon termination of the agreement for the air carriage of a passenger, must provide for a free baggage allowance. If such an agreement is concluded, the passenger of the aircraft undertakes to pay for air transportation, and if he has baggage in excess of the free baggage allowance, also for the carriage of this baggage.

The free baggage allowance is established by the carrier and stipulates the number of pieces of baggage and the weight of baggage per aircraft passenger. In this case, the free baggage allowance cannot be less than ten kilograms per aircraft passenger.

An agreement for the carriage of passengers by air, which provides for the condition of non-refund of the carriage charge upon termination of the agreement for the carriage of passengers by air, may not provide for a free baggage allowance. If such an agreement is concluded, the passenger of the aircraft undertakes to pay for air transportation, and when checking in their baggage, also for the carriage of this baggage.

The delivery time for an aircraft passenger and his baggage is determined by the air transportation rules established by the carrier.

The carrier or a person authorized by it is obliged to inform the passenger of the aircraft about the conditions for the carriage of baggage and hand luggage before concluding an agreement for the carriage of passengers by air.";

b) in paragraph 1_1, replace the words “refund of the air carriage paid under the air carriage agreement” with the words “on the return of the carriage charge upon termination of the passenger air carriage agreement, or the passenger air carriage agreement providing for a condition of non-refund”, after the words “passenger about the conditions”, add the words “ agreement for the air carriage of a passenger, including the condition on the return of the carriage fee upon termination of the agreement for the air carriage of a passenger or non-refund of the carriage fee upon termination of the agreement for the air carriage of a passenger, as well as on the conditions”, after the words “passengers on the conditions”, add the words “of the air carriage agreement” passenger, including the condition on the return of the carriage charge upon termination of the contract for the air carriage of a passenger or the non-refund of the carriage charge upon termination of the contract for the air carriage of a passenger, as well as on the conditions”, after the words “information on the conditions”, add the words “the contract for the air carriage of a passenger, in including the condition on the return of the carriage charge upon termination of the contract for the air carriage of a passenger or the non-refund of the carriage charge upon termination of the contract for the air carriage of a passenger, as well as on the conditions";

3) in paragraph 2 of Article 106:

a) subparagraph 2 should be stated as follows:

"2) free baggage allowance within the limits of free baggage allowance in the event of concluding an agreement for air carriage of a passenger that provides for free baggage allowance;";

b) add subparagraph 2_1 with the following content:

"2_1) free carriage of hand luggage within the limits established by the carrier in accordance with the federal aviation regulations, approved on the basis of the requirements of the operational documentation of the aircraft, and allows hand luggage to be placed in the passenger cabin (cabin) of the aircraft;";

4) in paragraph 1 of Article 107:

a) subparagraph 4 should be stated as follows:

"4) refusal of an aircraft passenger to pay for the carriage of his baggage in the amount and on the terms provided for in the passenger air carriage agreement;";

b) in subparagraph 7, replace the words “things on the passenger’s person” with the words “carry-on luggage”;

5) in article 118:

b) in paragraph 2, the words “things carried by the passenger” are replaced with the words “carry-on luggage”, the words “these things” are replaced with the words “carry-on luggage”;

6) in article 119:

a) in the title, replace the words “things carried with the passenger” with the words “hand luggage”;
the words “things carried by the passenger” shall be replaced with the words “carry-on luggage”;

7) in Article 133, replace the words “things in the passenger’s possession” with the words “carry-on luggage.”

Article 2

This Federal Law comes into force sixty days after the day of its official publication.

The president
Russian Federation
V.Putin

Moscow Kremlin
July 29, 2017
N 228-FZ

Electronic document text
prepared by Kodeks JSC and verified against:
Official Internet portal
legal information
www.pravo.gov.ru, 07.30.2017,
N 0001201707300001

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT MAKING CHANGES
TO THE AIR CODE OF THE RUSSIAN FEDERATION

6. The conclusion of an agreement for air transportation of a passenger cannot be refused to a passenger if he is included by the carrier in the register of persons whose air transportation is limited by this carrier, in the event that this passenger returns to the Russian Federation from the point of departure, the only way of transport communication from which is with The Russian Federation is air transportation, or is subject to administrative expulsion from the Russian Federation, deportation or readmission (transfer or acceptance by the Russian Federation in accordance with the international treaty of the Russian Federation on readmission), provided that the only means of transport communication between the Russian Federation and the point of departure or point destination is air transportation, or is sent to the place of treatment or back, or accompanies a passenger from among the disabled and other persons with disabilities to the place of treatment or back, or is sent to the funeral of a family member or close relative of the passenger included in the register of persons whose air transportation limited by this carrier, or vice versa, which is documented.

7. The carrier is obliged to notify the passenger in writing about his inclusion in the register of persons whose air transportation is limited by this carrier, as well as about cases in which the passenger cannot be refused to enter into an agreement for air transportation of a passenger and which are specified in paragraph 6 of this article. ".

This Federal Law comes into force one hundred and eighty days after the day of its official publication.

The president
Russian Federation
V. PUTIN

Changes have been made regarding the use of unmanned aerial vehicles aircraft.

Now ultralight manned civil aircraft with a structure weight of 115 kilograms or less are not subject to mandatory certification in the manner established by federal aviation regulations (). Corresponding changes have been made to the Air Code of the Russian Federation. According to innovations, unmanned aircraft systems are subject to the above certification. But not all. Exception constitute systems that include unmanned civil aircraft for which a certificate of airworthiness is issued on the basis of:

type certificate;

an act of assessing a specific vessel for its compliance with the airworthiness requirements of such vessels and environmental protection requirements.

Due to the fact that the wording contained in conceptual apparatus(), were incorrect; appropriate changes have been made to them. New terms have also been added to this article - “ manned aircraft», « unmanned aircraft», « unmanned aircraft system" The same kind of amendments have been made to the Air Code of the Russian Federation.

According to the changes, the state registration the following are subject to aircraft types ():

unmanned if the maximum take-off weight of the vessels is more than 0.25 kilograms;
manned civilians, except for ultra-light vessels with a structural mass of more than 115 kilograms;
state.

The procedure for registering ships specified in the first paragraph is established by the Government of the Russian Federation.

The vessels reflected in the second paragraph, with the exception of ultra-light vessels with a structural mass of more than 115 kg, are registered in the State Register of Civil Aircraft of the Russian Federation ( Order of the Ministry of Transport of Russia dated December 5, 2013 No. 457) or in the state register of civil aircraft of a foreign state.

Ultralight vessels, which were discussed in the previous sentence, are registered in the manner established by the authorized body in the region civil aviation, - Order of the Ministry of Transport of the Russian Federation dated November 18, 2011 No. 287.

The procedure for registering ships specified in the third paragraph is determined by the authorized body in the field of defense, in agreement with the authorized bodies that have state aviation units - Order of the Minister of Defense of the Russian Federation dated November 28, 2002 No. 460.

In connection with these changes, and has been corrected.

A new article has been added to the code regulating rights of the commander of an unmanned vessel ().

It reflects information about who should organize a search and rescue of those in distress or distress unmanned air ships.

Measures to ensure aviation security expanded - persons receiving, dispatching or servicing an aircraft must exclude the possibility of unauthorized access by unauthorized persons to unmanned aircraft systems ().

RUSSIAN FEDERATION

THE FEDERAL LAW

On amendments to the Air Code
Russian Federation in connection with the accession of the Russian
Federation to the Convention to unify some rules
international air transportation dated May 28, 1999

Adopted by the State Duma Approved by the Federation Council

November 15, 2017 November 22, 2017

Article 1

Introduce into the Air Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; 2007, No. 49, Art. 6075; No. 50 , art. 2012, no. 3268; 2016, no. 82; , Art. 4777) the following changes:

1) paragraph 3 of Article 105 shall be stated as follows:

3. A ticket, baggage receipt, cargo waybill, postal waybill, and other documents used in the provision of services for the air transportation of passengers, baggage, cargo, mail, can be issued in electronic form (electronic transportation document) with information about the terms of the contract for a specific air service. transportation in an automated information system for registration of air transportation. In the case of issuing an electronic transportation document for air transportation of a passenger, the passenger has the right to demand, and the carrier or a person acting on the basis of an agreement with the carrier, when concluding an air transportation agreement or registering a passenger, is obliged to issue a certified extract containing the terms of the corresponding air transportation agreement from the automated information system for registration of air transportation In the case of issuing an electronic transportation document for the transportation of cargo, mail, the carrier, at the request of the shipper, is obliged to issue a receipt for the transportation of cargo, mail, which allows identifying the cargo, mail and containing information from the electronic transportation document on the transportation of cargo, mail.”;

2) paragraph 2 of Article 117 shall be stated as follows: “2. For the purposes of this article, air transportation of a passenger includes the period the passenger is on board the aircraft, the period of boarding the passenger on board the aircraft and the period of disembarkation of the passenger from the aircraft. The procedure for calculating the duration of the period for boarding a passenger on board an aircraft and the period for disembarking a passenger from an aircraft is established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of civil aviation.”;

3) Article 118 shall be supplemented with paragraph 4 as follows:

"4. The grounds for the carrier’s liability for loss, shortage or damage (spoilage) of baggage, cargo and hand luggage during international air transportation are determined in accordance with international treaties of the Russian Federation.”;

4) Article 124 shall be supplemented with paragraph 6 as follows:

"6. The specifics of presenting claims to the carrier during international air transportation are determined in accordance with Article 127 of this Code.”;

5) Article 127 should be stated as follows:

"Article 127. Features of presenting requirements forcarrier for international airtransportation

1. In the event of shortage or damage (damage) to baggage or cargo during international air transportation, the person authorized to receive baggage or cargo, if such shortage or damage (damage) is discovered, must submit a claim to the carrier in writing or in the form of an electronic signature electronic document from the moment of discovery of such shortages or damage (spoilage), but no later than seven days from the date of receipt of the baggage and fourteen days from the date of receipt of the cargo. In case of delay in delivery of baggage or cargo, a claim must be submitted to the carrier within twenty-one days from the date of transfer of baggage or cargo to the person authorized to receive it.

2. If the loss of baggage during international air transportation is recognized by the carrier or if the baggage has not arrived after twenty-one days from the day it was supposed to arrive, the passenger has the right to make a claim to the carrier for compensation for damages associated with the loss of baggage.

3. If the loss of cargo during international air transportation is recognized by the carrier or if the cargo has not arrived after seven days from the day it was supposed to arrive, the consignee has the right to make a claim to the carrier for compensation for damages associated with the loss of the cargo.

4. The procedure for filing a claim against the carrier during international air transportation of mail is determined in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation.”;

6) add Article 127 1 with the following content:

“Article 127 1. Time limit for consideration of a claim against the carrier

The carrier is obliged, within thirty days from the date of receipt of the claim, to consider it and in writing or in the form of an electronic document signed by an electronic signature, notify the person who made the claim about the satisfaction or rejection of the claim.”;

7) Article 128 should be stated as follows:

"Article 128. Beginning of the limitation periodclaims related to loss, shortageor damage (damage) to luggage, cargo andmail, as well as late delivery

The limitation period for claims related to loss, shortage or damage (spoilage) of baggage, cargo and mail, as well as delay in their delivery, begins from the day when the aircraft on which the baggage, cargo or mail was transported should have arrived to the destination in accordance with the contract for the air carriage of a passenger, the contract for the air carriage of cargo or the contract for the air carriage of mail."