(2023.08.04-ний өдрийн орчуулга)                                                  Unofficial translation

LAW OF MONGOLIA

May 30, 2003                                                                                           Ulaanbaatar city

ON THE USE OF AIR SPACE FOR AVIATION

cHApTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with the use of Mongolian airspace for aviation and monitoring the safety of Mongolian airspace.

Article 2.Legislation on the use of airspace for aviation

2.1.Legislation on the use of airspace for aviation shall consist of this Law and other legislative acts issued in conformity with it.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Scope of the application of the Law

3.1.This Law shall apply to the use of Mongolia's airspace for civil and state aviation.

Article 4.Definition of terms of the Law

4.1.The following terms used in this Law shall be understood in the following meanings:

4.1.1."Mongolian airspace" means the space of the atmosphere above the territory of Mongolia;

/The term "of the air layer of the atmosphere" in this sub-paragraph was amended into the term "of the atmosphere" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

4.1.2."border air zone" means the air space on the territory with a width of 30 km inside the state border line;

4.1.3."danger zone" means an air space limited to a certain height and width, which may pose a danger to flight operations during a specially stated period;

4.1.4."restricted zone" means an air space limited to a certain height and width, established for the purpose of restricting the flight of aircraft;

4.1.5."prohibited zone" means an air space limited to a certain height and width, in which the flight of aircraft is prohibited;

4.1.6."military designated area" means an air space limited in height and width, designated for military operations;

4.1.7."airspace security" means complex measures related to protecting Mongolia's airspace inviolability from interference and illegal actions.

4.2.Other terms specified in this Law shall be understood in the same sense as the terms specified in Article 5 of the Law on Civil Aviation.

/The term "in Article 3 of the Law on Civil Aviation" in this paragraph was amended into the term "in Article 5 of the Law on Civil Aviation" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

CHAPTER TWO

USE OF AIRSPACE FOR AVIATION AND ITS CONTROL

Article 5.Regulation of use of airspace for aviation

5.1.The Government of Mongolia shall establish general procedures for the use of airspace for aviation and monitor its implementation.

5.2.The following activities shall be regulated in accordance with the procedure specified in paragraph 5.1 of this Law:

5.2.1.to establish the category of airspace to be used for aviation;

5.2.2.airspace control;

5.2.3.to ensure the safety of the air space used for aviation;

5.2.4.to make coordination of the use of airspace;

5.2.5.to be used Mongolia's airspace for international humanitarian activities;

5.2.6.other activities prescribed by law.

5.3.The implementation of the general procedures for the use of Mongolian airspace for aviation shall be ensured by the state central administrative body in charge of defense matters and the state central administrative body in charge of civil aviation matters in accordance with their respective functions.

Article 6.Determining the airspace to be used for aviation

6.1.The airspace to be used for civil aviation shall be determined by the state central administrative body in charge of civil aviation matters in accordance with international norms and civil aviation activities.

6.2.The airspace to be used for state aviation shall be determined by the state central administrative body in charge of defense matters.

6.3.The state central administrative body in charge of defense matters shall decide on the establishment of air routes to be used for state aviation in the airspace of Mongolia, as well as the opening and closing of new entering and existing points of the air border.

/The term "new air gates" in this paragraph was amended into the term "new entering and existing points of the air border" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

6.4.Air routes and entering, existing points through air gates to be used for civil aviation in the airspace of Mongolia shall be established in accordance with sub-paragraph 8.1.7 of the Law on Civil Aviation.

/The term "air gates to be used for civil aviation in the airspace of Mongolia shall be established in accordance with sub-paragraph 7.1.3 of the Law on Civil Aviation, and an opinion has been received from the state central administrative body in charge of defense matters" in this paragraph was amended into the term "entering, existing points through air gates to be used for civil aviation in the airspace of Mongolia shall be established in accordance with sub-paragraph 8.1.7 of the Law on Civil Aviation" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

Article 7.Airspace safety control

7.1.Airspace safety control shall consist of activities to detect airspace violations and stop the detected violations.

7.2.The activities specified in paragraph 7.1 of this Law shall be implemented by the highest organization of military professional management.

7.3.Mongolian airspace violation detection shall be carried out with radar monitoring equipment.

Article 8.Violation of airspace

8.1.The following actions shall be considered as airspace violations:

8.1.1.conducting flight without the permission of the competent authority to control flight traffic;

8.1.2.landing without the permission of the competent authority to control the air traffic, unless it is unavoidable;

8.1.3.entering Mongolia's air border entering and existing points in violation of established procedures;

/The term "air gates" in this sub-paragraph was amended into the term "air border entering and existing points" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

8.1.4.conducting unauthorized flights in the border air zone of Mongolia;

8.1.5.conducting flight without the permission of the competent authority to control air traffic in prohibited, restricted, dangerous, or military zones;

8.1.6.flight of reconnaissance aircraft entering the air border.

8.2.The sub-paragraph 8.1.2 of this Law shall not apply to military operations aviation.  

Article 9.Ensuring the safety of the air space to be used for aviation

9.1.The highest military professional management body shall consult with the General Directorate of Civil Aviation when carrying out activities that may endanger aviation by means of artillery shooting, explosions, and missile or rocket launching in the airspace of Mongolia.

9.2.Paragraph 9.1 of this Law shall not apply to missile or rocket launching and artillery shooting carried out for defense purposes of the country from air attacks.

9.3.In the event that any aircraft is subjected to illegal actions while flying in the airspace of Mongolia and is controlled by others, the head of the highest military professional management organization shall exercise the following powers:

9.3.1.to demand the person who seized the aircraft and controlled the flight crew to land the aircraft at the nearest airport;

9.3.2.to assign duties and tasks to the civil aviation management and air traffic services regarding aircraft affected by illegal actions;

9.3.3.to ensure the safety of the aircraft, take measures to immediately land the aircraft flying in the Mongolian airspace at the nearest airport, regardless of nationality;

9.3.4.to take and implement possible measures to provide assistance to foreign aircraft in distress in accordance with international agreements of Mongolia;

9.3.5.if the aircraft affected by the illegal act continues its flight without complying with the requirement to land safely at the nearby airport, to take measures in accordance with the laws of Mongolia in order to prevent possible consequences;

9.3.6.to increase the duty force of air defense units and branches of the armed forces.

Article 10.Regulation during the state of war

10.1.When a state of war is declared on the territory of Mongolia, the transfer of aircraft to the Armed Forces of Mongolia, regardless of ownership, shall be regulated by the Law on Mobilization.

chapter tHREE

MISCELLANEOUS

Article 11.Liabilities to be imposed on violators of the Law

11.1.Officials who violate the provisions specified in paragraphs 5.2 and 8.1 of this Law shall be held liable in accordance with the Law on Civil Service.

11.2.An individual or a legal entity who has breached this Law is subject to the liability in accordance with Criminal code or Law on Violations. 

/This article was modified by the law as of December 4, 2015/

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA TUMUR-OCHIR.S