(2023.07.10-ны өдрийн орчуулга)                                                       Unofficial translation

LAW OF MONGOLIA

May 30, 2003                                                                                                Ulaanbaatar city

on state 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 conducting flight by the state aircraft and ensuring the safety and security of state aviation.

Article 2.Legislation on State Aviation

2.1.The legislation on State 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 regulate activities of state aviation.

Article 4.Definitions of terms of the Law

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

4.1.1."aircraft in distress" means a danger to the aircraft and its passengers, which a flight crew could not eliminate by their own actions, or the aircraft is out of contact or its position is unclear;

4.1.2."aircraft in emergency" means a forced landing or completely damaged aircraft during takeoff, landing, or flight;

4.1.3."state aviation" means a complex concept related to performance of operations by state aircraft;

4.1.4."state aircraft" means aircrafts of military, police, border guard, customs and organizations conducting other functions of the State;

4.1.5."combat aircraft" means aircrafts equipped with weapons, firearms and special equipment for use in combat.

4.2.Other terms specified in this Law shall be understood in the same meaning as the terms specified in Article 3 of the Law on Civil Aviation.

Chapter two

STATE REGULATION OF STATE AVIATION ACTIVITIES

Article 5.Powers of the Cabinet member in charge of defense matters

5.1.The Cabinet member in charge of defense matters shall exercise the following powers:

5.1.1.approve state aviation flight operational procedure in consultation with relevant organizations;

5.1.2.approve structure and organization of state aviation;

5.1.3.approve a set/package of State Aviation Regulations.

5.1.4.appoint a general expert for analysis and investigation of state aviation flight-technical accidents, and to approve the rules of the state aviation flight-technical investigation commission.

/This sub-paragraph was added according to the law as of April 19, 2018/

Article 6.Functions of the highest organization of military professional management

6.1.Activities of state aviation shall be under the control of the highest organization of military professional management.

6.2.The highest organization of military professional management shall exercise professional control over the implementation of this Law and exercise the following powers:

6.2.1.organize measures to ensure the safe operation of state aviation;

6.2.2.monitor the implementation of the rules and procedures of state aviation;

6.2.3.grant a permission to aircraft to enter outside the designated air gate.

Article 7.The package of State Aviation Regulations

/This Article was modified according to the law as of April 19, 2018/

7.1.The following relations shall be regulated by the package of State Aviation Regulations:

7.1.1.register and issue a certificate of state aircraft;

7.1.2.issue professional licenses to the flight crews and engineers of state aircraft, except for combat aircraft;

7.1.3.fly in the area of the state aviation aerodrome and use the aerodrome;

7.1.4.monitor the operation and safety of state aircraft flights;

7.1.5.regulate the operation of state aircraft flight traffic;

7.1.6.perform search and rescue operations;

7.1.7.analyze and investigate flight-technical accidents of state aviation aircraft;

7.1.8.other relations provided by law.

Chapter three

STATE AIRCRAFT AND ITS FLIGHTS

Article 8.Registration of state aircraft

8.1.The power to register and deregister state aircraft and to issue airworthiness certificates shall be exercised by the highest organization of military professional management.

Article 9.Pilot-in-command and aircrew of state aircraft

9.1.The pilot-in-command and the aircrew of the state aircraft shall be appointed by the competent organization using the respective aircraft.

9.2.Aircrew members of state aircraft, except for combat aircraft, shall have a professional and valid license issued by the highest organization of military professional management.

/This paragraph was amended according to the law as of April 19, 2018/

9.3.The pilot-in-command of state aircraft shall exercise the following powers:

9.3.1.powers provided for in paragraph 18.2 of the Law on Civil Aviation, except for combat missions;

9.3.2.make decisions other than those specified in the rules and procedures specified in this Law in order to fulfill the duties assigned by the command while performing combat missions flights.

Article 10.State aircraft flight category

/This Article was modified according to the law as of April 19, 2018/

10.1.State aircraft flights shall have the following categories:

10.1.1.combat flight;

10.1.2.special mission flights;

10.1.3.designated mission flight;

10.1.4.commercial flight;

10.1.5.training-combat flight;

10.1.6.inspection and testing flight.

10.2.Combat flight shall include all types of flight related to combat missions.

10.3.Special mission flights shall include flights serving the President of Mongolia, the Chairman of the State Great Khural of Mongolia, the Prime Minister, and the high-ranking foreign guests.

10.4.Designated mission flights shall include peacetime defense flights, flights in connection with performing border protection, combating and prevention against crimes, the flights on combating disaster and dangerous phenomenon, medical emergencies, sports events, as well as the flights conducting with the purpose of performing the work and duties of organizations performing state functions. Flight and related expenses shall be borne by the ordering organization.

10.5.The Law on Civil Aviation shall be followed in case commercial flights are operated by state aircraft.

10.6.Training-combat flights shall include all types of training, certification, bombing, missile launching, and shooting flights.

10.7.Inspection and testing flights shall include air checks of new types of aircraft, flights after repair, technical service, and installation of new equipment.

Article 11.State aircraft flight coordination
11.1.The Air Force Command shall implement the coordination of the air traffic of the combat mission of the state aircraft by decision of the highest organization of professional military management of the armed forces.

/This paragraph was modified according to the law as of April 19, 2018/

11.2.The coordination of special and designated mission flights of state aircraft shall be carried out by the joint procedure of the state central administrative body in charge of defense matters and the state central administrative body in charge of civil aviation matters.

11.3.Air traffic coordination specified in sub-paragraphs 10.1.5 and 10.1.6 of this Law shall be implemented by the Air Force Command of the Armed Forces

/This paragraph was added according to the law as of April 19, 2018/

Chapter four

USE OF STATE AVIATION AERODROMES

Article 12.Aerodrome where the state aircraft is located

12.1.The establishment of the state aviation aerodrome, its readiness, and the requirements for it shall be established by the package state aviation regulations.

12.2.The Government shall decide the establishment of a military aviation aerodrome, its readiness and requirements for it in consultation with the Commander-in-Chief of the Armed Forces.

12.3.Registration of state aviation aerodromes shall be handled by the highest organization of military professional management.

12.4.Construction of buildings outside the territory of the state aviation aerodrome and the laying of communications and high-voltage lines shall be resolved in advance with the state central administrative body in charge of defense matters.

Article 13.Joint use of the aerodrome

13.1.The aerodrome to be used jointly by state and civil aircraft shall meet all the requirements for civil aviation aerodromes.

13.2.Procedures for the joint use of the state aviation aerodrome shall be determined jointly by the state central administrative body in charge of defense matters and the state central administrative body in charge of civil aviation matters.

Chapter five

STATE AVIATION SAFETY AND SECURITY

Article 14.Ensuring the safety operation of state aviation

14.1.Procedures for registering state aircraft, issuing airworthiness certificates, and approving engineering and technical personnel shall be established by the package of State Aviation Regulations.

14.2.In order to ensure the safety of state aviation, an owner of the aircraft and the relevant professional organization shall have a right to inspect bodies and hand luggage of passengers in accordance with appropriate instructions, unless otherwise specified in the legislation.

14.3.Transportation of client who refuses the inspection specified in paragraph 14.2 of this Law shall be prohibited and, if deemed necessary, he/she will be transferred to the competent authority.

14.4.The Air Force Command of the Armed Forces shall grant a permit to fly in the border air zone to the state aircraft and civil aviation organizations. Based on the applicant's application, the permit shall be issued within one working day.

/This sub-paragraph was modified according to the law as of January 6, 2023/

14.5.The Air Force Command of the Armed Forces shall notify the civil aviation authority as soon as the decision on granting the permit specified in paragraph 14.4 of this article is made, and shall deliver a copy of the decision to the border protection authority.

/This paragraph was modified according to the law as of January 6, 2023/

14.6.In order to ensure the safety of state aviation, a security officer may be employed as part of the aircrew.

/This paragraph was added according to the law as of April 23, 2004/

/The numbering of this paragraph was amended according to the law as of January 6, 2023/

14.7.In order to ensure the operation and safety of state aviation, manuals for the use of state aircraft, technical and technological documents and other related documents may be used in the language of the manufacturer-country.

/This paragraph was added according to the law as of April 19, 2018/

/The numbering of this paragraph was amended according to the law as of January 6, 2023/

Chapter six

SEARCH AND RESCUE OPERATIONS

Article 15.Organize search and rescue operations

15.1.Searching for, providing assistance to the state aircraft in distress or in emergency, its aircrew and passengers, as well as their transfer from the accident site, shall be organized by the state central administrative body in charge of defense matters.

Article 16.Search and rescue operations

16.1.Search and rescue operations for state aircrafts in distress or in emergency, their aircrews and passengers shall be carried out by the highest organization of professional military management in cooperation with an possessor of the aircraft using specially trained personnel and equipment.

16.2.Search and rescue flights may be performed jointly by state and civil aviation organizations.

16.3.Local administrative organizations, business entities, and citizens shall have duties to immediately inform appropriate authorities of the information about the state aircraft in emergency, to save the lives of the aircrew and passengers, and to provide with medical and other necessary assistance, as well as to protect the aircraft and its documents.

Article 17.Stop searching for aircraft in emergency, its aircrew and passengers

17.1.In the event that all measures to search for the state aircraft in emergency, its aircrew and passengers shall be ineffective, a decision to stop the search shall be made by the Government based on proposal of the organization that possesses the aircraft.

Chapter seven

INVESTIGATION OF FLIGHT-TECHNICAL ACCIDENTS AND VIOLATIONS OF STATE AVIATION

Article 18.Analysis and investigation of flight-technical accidents and violations of state aviation

18.1.A chief expert for the analysis and investigation of state aviation flight-technical accidents and violations shall present his/her proposal for appointment of a state aviation flight-technical investigation commission to the Cabinet member in charge of defense matters.

/This paragraph was modified according to the law as of April 19, 2018/

18.2.The State Aviation Technical Accident and Violation Investigation Commission shall determine the conditions and causes of the accident and violation, and take measures to prevent such accidents and violations in the future.

18.3.Except for training-combat flights, if it is deemed necessary to determine and analyze causes of civil aviation flight-technical accidents and violations, a joint commission may be appointed to investigate it with the participation of professionals of the civil aviation flight-technical accidents and violations investigation office and foreign professionals.

/This paragraph was amended according to the law as of April 19, 2018/

Article 19.Powers of an expert to investigate flight-technical accidents and violations of state aviation

19.1.The state aviation flight-technical accident and violation investigation expert shall exercise the following powers:

19.1.1.unhindered access to places related to activities of the state aviation;

19.1.2.make a proposal to amend the package of State Aviation Regulations;

19.1.3.evaluate a flight preparation and performance of state aviation units and organizations;

19.1.4.monitor and make recommendations for issuing a conclusion on state aviation technical usage regimes;

19.1.5.accurately determine a cause of the flight-technical accident and violation of the state aircraft, and demand necessary information, research, and other documents from the relevant parties.

Chapter eight

MISCELLANEOUS

Article 20.Liabilities to be imposed on the violators of the Law

20.1.If the act of an official who violates this Law is not a crime, he/she shall be held accountable in accordance with the Law on Civil Service.

20.2.Any person or legal entity who violates this Law shall be held liable as provided for in the Criminal Code or the Law on Violations.

/This Article was modified according to the law as of December 4, 2015/

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