the main Preparation International agreements regulating air transport. International legal regulation of international air transport. International air transport

International agreements regulating air transport. International legal regulation of international air transport. International air transport

6.1.4. International Air Transport Regulation

Flights over their territory are carried out in accordance with national laws and rights, flights over someone else's territory and open sea - in accordance with bilateral and multilateral agreements between interested states. Various international organizations are engaged in regulation of air traffic.

The main international conventions regulating air transport are:

Convention on the unification of some rules relating to international air traffic (Warsaw Convention 1929). Applied in regular air messages.

Convention on International Civil Aviation (Chicago Convention 1944). Entered into force on April 4, 1947, after it ratified 26 states. The Chicago Convention established the International Organization of Civil Aviation (ICAO).

The Convention on the Unification of some rules concerning international air transport carried out by non-carriers under the contract (Guadalakar Convention 1961). Regulates transportation on leased aircraft, as well as other cases where actual and contract carriers do not coincide, and distributes the principles of limited liability established by the Warsaw Convention on such transportation.

Convention on compensation for harm caused by foreign aircraft to third parties on the surface (Roman Convention 1952). Regulates the issues of responsibility for harm caused by an aircraft or subjects that have fallen from it determines the limits of such responsibility depending on the maximum take-off weight of the aircraft.

Convention on offenses and some other actions performed on board the aircraft (Tokyo Convention 1963).

The Convention on the International Recognition of Rights to Aircraft, the imposition of arrest and forced sale of the aircraft in pursuance of a court decision.

Other multilateral agreements in the field of international air reports are a transit agreement on international air lines and an agreement on international air transport. Both agreements on which states on a mutual basis provide each other's right regular flights of civilian aircraft through their airspace, signed in Chicago in 1944.

States that have not signed these agreements provide each other's rights to carry out regular flights on a bilateral basis.

The legal regime of the air transport environment is the scope of public law (national and international). Air transport medium is divided into sovereign airspace of specific states and international airspace. At the interstate level, a global international air traffic management system has been created, the main role in which ICAO is assigned.

The main document governing the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Convention established the general rules for the activities of civil aviation in the implementation of international communications, categories of international flights (regular and irregular); Determined the concept of international flights and airways. The main objective of the Convention is the legal regulation of international air communications and commercial activities. The convention is fixed with a list of commercial freights of the air: basic, additional, bark. 18 applications were taken to the Chicago Convention. On the basis of the Convention created ICAO. Currently, international aviation regulations are being developed within the framework of ICAO.

Warsaw Convention 1929. To unify some rules of international air traffic constitutes the basis of the legal regulation of international air transport. Agreements complementing the Warsaw Convention: The Hague Protocol of 1955, Guatemalan Protocol of 1971 on Amendments to the Warsaw Convention, Guadalakar Convention 1961, Montreal Protocol on the Unification of some rules relating to international air traffic, 1975 (established the concept of "actual Carrier "), Montreal Temporary Agreement of Airlines of 1966, Montreal Agreement 1999. The set of norms of these agreements as a whole constitutes the Warsaw system of regulating international air transport.

The 1929 Warsaw Convention is the primary international legal source of international air traffic. The Convention is given to the definition of international air transport - this is a carriage at which at least one of the landing points is located on the territory of another state. Scope of the Warsaw Convention: Transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between the States Parties to the Convention and States, in it not participating; Not applied to postage mail. The action of the Warsaw Convention applies to the following air transport:

· The place of departure and destination, regardless of the interruption in the transportation, are located on the territory of the two States Parties to the Convention;

· The place of departure and destination are located on the territory of one State party of the Convention, but the stop is provided for in the territory of another state, possibly not participating in the Convention.

International air traffic is often used by transportation performed by several carriers. From the point of view of the Warsaw Convention, such transportation is considered as unified, regardless of how transportation is issued - by one or several treaties. The main content of the Warsaw Convention is the unified material norms of an imperative nature. In the Convention, there are practically no common collision bindings, there is only a small number of collisional bindings on private issues (and they all envisage the exclusive application of the law of the court location.

The specifics of the air message generates difficulties in determining the applicable law and the establishment of jurisdiction. Basically, these issues are regulated through the unified material norms of international conventions. However, there are often cases and the emergence of a collisional question if:

· Transportation is associated with a state not involved in the Warsaw Convention;

· Questions that are unresolved in the Warsaw Convention System are arising;

· The conditions for the carriage established by the airline do not comply with the national law.

National legislation of most states does not contain special collisional bindings for air report, therefore, the general collisional beginnings of the carrier law are used, the law law, the flag law. The carrier's law in the right of international air transport is understood traditionally - this is the right to which the air traffic has the most close relationship (the location of the party, whose execution characterizes the transportation agreement). The law of the contract of concluding a contract is understood specifically - as the right of the country where the first flight station was launched.

In Russia, there is VK. Its norms take into account the main provisions of the Warsaw Convention 1929. VK determines: the concept of international air transport; the rights and obligations of the carrier, its responsibility; responsibility of the owner of the aircraft; compulsory liability insurance to third parties; Sizes of insurance amounts. Russia is a party to a large number of bilateral international air traffic agreements (more than 130). Their foundation - Rules of the Chicago Convention of 1944 in such agreements provided for the "package" of the commercial rights of Contracting States, their rights and obligations (see, for example, an agreement between the Government of the Russian Federation and the Government of the Slovak Republic on the 1995 air traffic and the Annex to Agreement) .

The main document regulating the use of international and national airspace is the Convention on International Civil Aviation (Chicago, December 7, 1944). The Convention has established general rules for the activities of civil aviation in the implementation of international communications; categories of international flights (regular and irregular); Determined the concept of international flights and airways. Regular flights of aircraft performing international flights are carried out by airways, the passage of which is negotiated in international air traffic agreements. The main goal of the Chicago Convention is the legal regulation of international air communications and commercial activities. The convention is fixed a list of commercial air freedoms. On the basis of the Convention, the International Civil Aviation Organization (ICAO) has been established. In the framework of ICAO, international aviation regulations are being developed.

International air transportation of goods - transportation, in which the place of departure and destination are located or in the territory of two states, or on the territory of one state, but there are stops on the territory of another state. The main forms of the organization of transportation of goods by air transport:

- mixed freight (passenger-cargo) transportation;

- Special freight (separate cargo) transportation.

Mixed freight (passenger-freight) transportation are divided into cargo transportation in special cargo compartments of passenger aircraft and cargo transportation in convertible cargo-passenger aircraft. In freight compartments of passenger aircraft transports the most urgent and valuable goods.

Transportation of goods on specially equipped airplanes is carried out by regular and charter cargo flights. Regular flights are flights performed in accordance with the published schedule at Agolasia Agmenia. Transportation of goods by regular cargo flights are carried out on special cargo airlines. Transportation by cargo airlines is governed by intergovernmental agreements on air traffic and commercial agreements between airlines operating contractual airlines. Charter flights are flights performed for the transport of goods in accordance with the special contract between the carrier and the customer. Each charter flight is performed on a special permission to the competent authorities of the country's respective country. Charter air transported entered into the practice of world airlines in the early 60s. XX century

In accordance with the terms of the contract, the customer freres the capacity of the aircraft in certain areas of carriage and under certain conditions. The contract can be enclosed both on separate flights (one-time transportation of goods) and a series of flights for target transportation ("charter chain"). The contract can also be provided for a timecharter.

The Convention on the Unification of some rules relating to international air transport (G. Warsaw, October 12, 1929) (hereinafter - the Warsaw Convention 1929), the basis for the legal regulation of international air transport. Agreements complementing the Warsaw Convention: The Hague Protocol (1955) (considered an integral part of the Warsaw Convention), the Guatemalan Protocol on amending the Warsaw Convention (1971), the Guadalakar Convention on the Unification of some rules relating to international air traffic (1961 ), Montreal Protocol (1975), Montreal Temporary Agreement Airlines (1966), Convention for Unification of Some International Air Transport Rules (Montreal, May 28, 1999). The norms of these agreements generally constitute the Warsaw air transportation system.

The 1929 Warsaw Convention is the primary international legal source of international air traffic. International air transport is a carriage at least one of the landing points is located on the territory of another state. Scope of the Warsaw Convention: Transportation of goods, passengers, baggage, combined transportation. The Convention does not apply to air transportation between participating States and states, in it not involved; Not applied to postage mail. The document certifying the conclusion of the transport contract is the aviation invoice introduced by the Warsaw Convention.

The Warsaw Convention applies to air transportation:

- the place of departure and purpose of the appointment of which, regardless of the interruption in transportation, are located in the territory of the two States of the Convention;

- The place of departure and destination of which are located on the territory of one state - a member of the Convention, but the stop is provided for in the territory of another state, possibly not participating in the Convention.

International air traffic uses carriage performed by several carriers. From the point of view of the Warsaw Convention, such transportation is considered as unified, regardless of how it is framed - in one or several treaties. With mixed transportation, the provisions of the Warsaw Convention should be applied only to the air part of the carriage. By agreement of the parties to an air-transport document, it is possible to include conditions related to other types of transportation.

The Warsaw Convention establishes the rule of multiplicity of jurisdictions (alternative international jurisdiction): the claim may be filed by the selection of the plaintiff to the competent court of any State party; to court at the place of residence of the carrier; at the location of the main department of his enterprise; At the location of the office, which concluded a contract of carriage; To court destination. This norm is imperative - all agreements that change the rules for jurisdiction established in the Convention are invalid.

Due to the special agreement between the carrier and the passenger, the limit of the responsibility of the carrier may be increased; When transporting goods, an arbitration agreement can be concluded within the vessels established by the Convention of the Territorial Competence of the courts. The Guatemalan Protocol of 1971 complements the rules of jurisdiction for passenger aircraft: a lawsuit may be presented at the place of residence of the passenger if the carrier has its institution there.

Guatemalan Protocol (1971) establishes: Air carrier is responsible regardless of the guilt (the responsibility is excluded if harm is caused by the state of the health of the passenger or its fault); Improved carrier's limit is increased six times compared with the Hague Protocol (1955). In national legislation, additional damage to passengers can be established when their health is harmful. The Guatemalan Protocol has changed the provisions of the Warsaw Convention on the Passenger Collective and the Terms of Luggage Transportation. The Montreal Agreement (1999) clarifies the concept of air transport and establishes the limits of the carrier's liability in SPZ (special borrowing rights).

The fulfillment of regular flights on international airlines can be carried out on the basis of intergovernmental agreements on air traffic. For the convenience of classification, negotiated lines are customary to divide on "freedom of air". Freedom of air is right:

- carry out a transit span without landing on the territory of the state providing this right;

- carry out a span through foreign territory with landing on this territory with non-commercial purposes (for refueling fuel, repair, maintenance, etc.) without the right to unload or take on board passengers, mail, cargo;

- to plant passengers on the foreign territory and unload the mail and cargo, taken on board the aircraft in the state, the national belonging of which has an aircraft;

- Take on the foreign territory of passengers heading for the territory of the state whose nationality has an aircraft, as well as addressed to the same post and cargo;

- take on the foreign territory of passengers heading for the territory of any third state, as well as the mail and the right to plant passengers and to unload the mail and the goods, following any such territory;

- carry out the transport of passengers, mail and cargo between third countries through their territory;

- carry out the carriage of passengers, post office and cargo between third countries, bypassing the territory of the state whose nationality has an aircraft.

- When transportation is associated with the state not participating in the Warsaw Convention 1929;

- if there are questions not settled in the Warsaw Convention System;

- If the conditions for the carriage established by the airline do not comply with the national law.

National legislation of most states does not contain special collisional bindings for air report, therefore, general conflict beginnings are applied: the law of the carrier, the law of the court, the flag law. The carrier's law in the right of international air transport is understood traditionally - this is the right to which the air traffic has the most close relationship (the location of the party, whose execution characterizes the transportation agreement). The law of the contract of conclusion is understood as the right of the country where the first portion of the flight was launched. The legal regulation of air transport was a great influence of the marine law - the law of the flag of the aircraft and the law of the state of its registration apply.

A special collisional regulation of the status of aircraft, real rights to aircraft and air transportation agreements (Article 139-144 of the Law of Romania about the MCP) is enshrined in separate national codifications. The provisions of the National Law on flight routes and their safety in the airspace of this state are applied to all aircraft, regardless of their registration status, to the crew and passengers on board.

The law of the state of the aircraft registration site applies to legal facts and actions performed on board, if, by virtue of its nature, they are regulated by the law of the place of their commit. The law of the state of the aircraft registration site regulates:

- powers, competence and responsibilities of the aircraft commander;

- the contract of hiring the crew of the vessel, if the parties did not election another law;

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Ministry of Transport of the Russian Federation

(Ministry of Transport of Russia)

Federal Air Transport Agency

(Rosaviation)

FGOU VPO "St. Petersburg State University"

ESSAY

on discipline air transport

on the topic: "State regulation of air transport"

Performed: Student 113g.

Belanov P.P.

Checked: Tessheva P.D.

1. Legislative and regulatory documents regulating the domestic and international transport of airlines of the Russian Federation

2. Passenger air transportation contract

1. Legislative and regulatory documents regulating the domestic and international transport of airlines of the Russian Federation

1. Domestic and international air transportation of civil aviation are governed by the legislation of the country's stay.

2. In Russian legislation, the main document regulating the activities of civil aviation and airlines is the Air Code of the Russian Federation of March 19, 1997 No. 60 Federal Law, which is the Federal Law approved by the President of the Russian Federation.

Air Code developed on the basis of the law of the Russian Federation and international air law; It establishes the legal, organizational and economic foundations of using the airspace of the Russian Federation.

The air code regulates the relationship between individuals and legal entities arising in the implementation of air transportation. In particular, in chapter II "State regulation of airspace use":

Article 12 - "state regulation of the use of airspace", it is said that state regulation in the field of civil aviation is carried out by a specially authorized body. Currently, this is the Federal Agency for Air Transport (FAVT), established in the structure of the Ministry of Transport on the basis of the civil aviation service (GSGA). FAVT carries out state regulation of activities on the use of the part of the airspace, which is defined in the prescribed manner for airways (domestic and international), local air lines of airlocks, civil airfields and airports;

Article 13 - "Government priorities in the use of air transport", it is said that all users of the airspace have equal rights to use it. However, in the event of the need to use air transport at the same time, two and more users the right to use it is provided to users in accordance with "government priorities".

Under the 8th point of article 13, the priorities are the item "Implementation of regular air transportation of passengers and baggage"; Under the 11th point "Implementation of regular air transport and mail". Such a situation of priorities is talking about the importance of paragraphs under consideration, the vital need to pay much attention to the study and fulfillment of the rules for the transport of passengers, baggage and cargo.

Chapter Ix "Aviation Businesses" contains article 64 "Tariffs and fees in the field of ha and the rules for the sale of transportation documents". This article defines the rules for the formation of tariffs and fees in the field of ha, as well as the rules for selling tickets, issuing freight overhead and other transportation documents. The air transportation fee, luggage, cargo and mail is installed by carriers. Article 65 "Control over the activities of aviation enterprises and individual entrepreneurs" is devoted to control over the activities of aviation enterprises and individual entrepreneurs, including foreign aviation enterprises, international operational agencies and individual foreign entrepreneurs. The control is carried out for compliance with the legislation of the Russian Federation and international treaties of the Russian Federation, as well as the requirements of the relevant certificates and licenses. In case of non-compliance with the norms established by the legislation and the Rules, measures are prior to the deprivation of permission, certificate, licenses, suspension or limit the action of these documents and the imposition of a fine in the manner prescribed by the legislation of the Russian Federation.

Chapter XV - "Air Transportation" contains articles that are devoted to the basic concepts used in the performance of air transport. The concepts of the carrier, air transportation, the air transport contract, the passenger, cargo, mail, transportation documents are introduced here. In addition, there are articles concerning the cessation of air transportation, both at the initiative of the passenger and at the initiative of the passenger and on the initiative of the carrier.

Internal air transportation - transportation at which the point of departure, destination and all landings are located on the territory of one state.

International Air Transportation - Transportation at which a departure point, destination or a change point is located in different states.

Chapter XVII is devoted to the responsibility of the carrier, the operator and the shipper in the event of claims. The general principles of responsibility are disclosed, the service of the carrier for causing the harm and health of the passenger, the loss, shortage or damage to luggage, cargo, and things under the passenger, as well as the procedure for presenting claims in case of claims, the deadline for complaints and the beginning of the term limitation.

3. Control over the observance in the territory of the Russian Federation of the Air Code, national and international requirements, standards, rules, rules and procedures in the civil aviation industry, as well as the protection of the interests of the Russian Federation in cooperation with the authorities of other countries and international organizations, is carried out as a state authority of the Civilian Aviation of Russia.

The main documents of the FAVT, regulating the activities of the airline in terms of transportation, are:

· Provisions and instructions for certification and licensing activities of airlines;

· Regulatoryly, legal framework forms and management methods;

· Regulatory and legal base of economic, investment, tariff, personnel and social policy;

· Provisions for the development of international cooperation and externally

· Economic relations between the Russian Federation with interstate organizations in

· Highway regions;

· Provisions for the use of airspace and organization

· Air traffic;

· Mandatory for execution by individuals and legal entities

· Federal Aviation Rules, Guidelines, Regulations, Standards,

· Norms and other regulatory documents.

FAVT coordinates the activities of airline enterprises, airlines and airports regardless of their forms of ownership.

The activities of the airline and, accordingly, all regulatory documents developed by it must be agreed and responded with the requirements of FAVT.

4. To establish uniform rules for the regulation of international air traffic, passenger and cargo regulation, in 1929, states found it necessary to develop and conclude "Warsaw Convention to unify certain rules relating to international air transport. The main purpose of the Convention is to regulate the conditions of international air transport regarding documents used for these transportation and the responsibility of the carrier. The Warsaw Convention with the amendments of the Hague Protocol 1955, established a list and forms of uniform documents used in international air transport (passenger ticket, baggage receipt, cargo overhead, receipt of excess baggage, luggage and cargo tags, etc.), secured general rules for the carriage of passengers and goods. On international lines, the carrier's liability issues settled in front of passengers by shippers and consignees.

5. In 1944, the International Civil Aviation Organization - ICAO was established at the Chicago Conference, the main appointment of which is to "so that international civil aviation can develop safe and properly and that international air transport messages can be established on the basis of equal opportunities And implemented reliably and economically. " ICAO is entrusted with the tasks of coordination of the actions of states during the operation of international air lines, to promote the development of air transport and ensure the safety of international flights.

ICAO activities are developing in three main areas: technical, economic and legal.

In the technical field, this activity is carried out under the development and adoption of uniform international standards and recommendations aimed at ensuring the greatest uniformity of the Rules in the field of international air navigation.

The activities of ICAO in the economic region are mainly carried out on the collection of statistical data on transportation, their volume, as well as the development of measures to simplify and reduce the time for administrative formalities in international air transport.

In the Legal Area, ICAO is amending the Chicago Convention, the development of new international air law conventions, analysis of court decisions of states, arbitration, etc.

6. As part of ICAO in December 1970. The International Diplomatic Conference was held in the Hague, which addressed the safety of air traffic associated with the frequent cases of attempts to capture and hijacking Sun. The conference was developed by the Convention on the fight against the illegal seizure of the aircraft, the main purpose of which to ensure the inevitability of punishment of persons responsible in the illegal seizure of the Sun.

7. International air reports, both regular and irregular, are carried out in order to transport passengers, baggage, cargo and mail for fee, i.e. We are commercial.

The main documents regulating the commercial policies of air transport are tariffs and rules for their application, which are established by the International Air Transport Association of IATA. This international organization unites airlines around the world.

For international air transportation between individual airlines, two-sided air report agreements are concluded, which provide for mutual coordination of tariffs for air transport. These agreements provide for sanctions for violating the conditions of operation of international air lines, most often such sanctions are applied for violation of tariffs for air transport.

8. Based on the above international and Russian documents in the airline, its own regulatory framework for air transport and land service of passengers has been developed and enacted.

The main regulatory documents regulating the activities of the Sopp airport (airline) in the production of air transport and baggage and relationships (rights and obligations) of the airport (airline) and customers are "Rules for the transportation of passengers and luggage of airport (airline)" and "Passenger Service Technology And airport baggage (airline), etc.

The process of regulating the transportation and implementation of air transport services is complicated and diverse. It is carried out using many mechanisms of state regulation of air transport activities in the Russian Federation. The most important element in this process is the norms of air law.

2. Passenger Air Transport Treaty

The air transportation between the passenger and carrier is an air transportation agreement.

Contracts are implied by certain rights, responsibilities, responsibility of the parties. Contract for transportation may be:

1. Bilateral (carrier - passenger).

2. Multilateral (many carriers or group of passengers, organization, institution).

Basic rights, duties, the responsibility of the parties are indicated in the VK of the Russian Federation (Federal Law No. 60 of 03.03.1997).

In chapter XV "Air transport" Article 103 of paragraph 1, it is said: "Under the passenger air transport contract, the carrier undertakes to transport the aircraft passenger to the destination with the provision of space on the aircraft making the flight specified in the ticket, and in the case Air transport by the passenger luggage - also deliver baggage to the destination and give it to the passenger or controlled to receive a luggage. The delivery time of the passenger and baggage is determined by the installed carrier rules of air transport. The passenger of the aircraft undertakes to pay for air transport, and if it has baggage in excess of the carrier of a free transportation of luggage, and provision of this luggage. "

All rights and obligations arising from the passenger air transport contract are regulated:

· The provisions of the current multilateral and bilateral international treaties of the Russian Federation;

· Air Code and other legislative acts of the Russian Federation;

· Agreements, one side of which is the airline.

Transportation of passengers is subject to the requirements of the relevant laws, regulations, rules and prescriptions of state bodies of any country, to the territory, from the territory or through the territory of which such transportation is carried out. If any provisions specified in the ticket contradict the above requirements, regulations and rules, they cannot remain in force and to be considered part of the air transportation contract.

Each air transport contract and its conditions are certified by the transportation document issued by the carrier or its agents.

The carrier's agent is a person (organization) authorized to act for the carrier, or for another person (organization), as well as on their behalf.

When transporting passengers, transportation documents certifying the conclusion of a contract for transportation are:

· For the carriage of the passenger - a ticket;

· For the transportation of baggage - baggage receipt;

· For the transport of unaccompanied baggage, as a cargo is a carrier invoice.

According to internal airlines, as well as on the international, the passenger can follow the most diverse routes, for example, the transportation of "there" is transportation in one direction between the point of departure and the destination. With such transport, the following options are possible:

A) between the point of departure and destination there is no landing of the aircraft at the intermediate airport;

B) between the departure and destination point there is a landing of the aircraft at an intermediate airport;

C) The passenger follows to the destination with a transfer (transfers) or stops on the way, changing flights and air carriers.

Transportation "There" and "Back" can be considered as two separate contracts or can be considered associated if a through tariff was used.

Transportation of passengers and baggage, performed from the airport of departure to the destination by several aviation enterprises on one transportation document (including additional) is considered as a single transportation agreement, regardless of whether the place of transplant or break in transportation.

On the basis of VK, all basic rules for transportation in air transport, manuals, instructions, requirements, etc., in the territory of the Russian Federation, regardless of the form of ownership are developed.

The rules regulate the transportation of passengers, baggage and cargo, carried out by aviation enterprises within the territory of Russia.

The rules determine the responsibilities, rights and responsibility of aviation enterprises, as well as other enterprises, institutions, organizations and citizens who use airspace, and are mandatory for them.

In Art 102 of the Republic of Criminal Procedure of the Russian Federation "Performing Air Transport Rules" said:

1. Transporters when performing air traffic are obliged to comply with the general rules for air transport, baggage and cargo, and the requirements for servicing passengers, shippers, consignees established by federal aviation rules.

2. The versions are entitled to establish their own air traffic rules. These rules should not contradict the overall air transportation rules and worsen the level of service of passengers, shippers and consignees.

3. Entry air traffic should be consistent with specially authorized authorities in the field of postal service.

Regular transportation of passengers, baggage and cargo are performed by air lines in accordance with the scheduled schedule on the route corresponding to the paid tariff rate. According to the rules for the transport of passengers installed in the air transport of the Russian Federation, the airline - the carrier has the following rights:

1) without warning to cancel, delay or transfer to another time departure aircraft, change the route provided for by the schedule, as well as change the landing point if such actions are required:

· As a result of a natural disaster, unfavorable meteorological conditions at the airport of departure, appointment or on the route of transportation, as well as other phenomena affecting flight safety;

· To fulfill the requirements of state bodies.

2) replace the sun of one type to other;

3) to temporarily stop or limit the sale of tickets "there" and "back", as required to declare in relevant agencies and airports;

4) refuse to transport (both the initial and subsequent), cancel the reservation made for the passenger or remove any passenger or its baggage from the aircraft for security reasons. Based on the measures of the reasonable precaution, the air carrier decides that such an action is necessary under the following circumstances:

a) compliance with any existing laws, rules or prescriptions of any state or country from which, in which the flight is carried out;

b) behavior, age, mental or physical condition of the passenger are such that:

Require special help from the carrier, which it is unable to provide;

Cause inconvenience or make it the most unwanted for other passengers;

Associated with any danger, risk for him or other persons and property.

c) the passenger did not comply with reasonable guidance on guaranteed security, effective and comfortable transportation for all passengers or related duties relative to other passengers;

d) the passenger characterized himself so that there was doubt about the safety of transporting such a person;

e) have not been paid for the current tariff, any fees, taxes payable, or not complied with the agreement on the loan between the carrier and the passenger (or the person who pays the ticket);

g) passenger travel documents (passport, identification card, certificate, certificate, etc.) are incorrectly decorated;

h) the passenger may have an intention to take an attempt to enter the country through which it follows transit without having necessary to enter the actual documents;

and) the passenger destroyed his documents during the flight;

to) a ticket submitted by a passenger:

Is not valid for transportation;

Not validated properly;

Purchased illegally or bought from hand, not a carrier issuing transportation documents, or its authorized agent

Declared as lost, stolen, fraudulent or suspicious for any reason;

Is a false ticket;

It contains at least one flight coupon, the data of which was changed by anyone other than the carrier or its authorized agent or damaged;

In all cases, the carrier reserves the right to seize and delay a ticket for investigation.

l) A person who plays a ticket cannot prove that it is a person specified in the "Surname of the Passenger" column, and the carrier reserves the right to withdraw and detain such a ticket for investigations.

In this case, the carrier draws up acts on the prescribed form.

The carrier has the right at any time to replace the place provided by the passenger in the Sun cabin, to others, equal in terms of the place, if necessary, in order to ensure flight safety.

The carrier is responsible to the passenger:

For the loss or shortage of baggage, if it is proved that all security measures have been adopted.

In case of loss, damage to baggage and cargo, the recipient has the right to obtain it to require determining the degree of damage of cargo and the compilation of a commercial act, and the necessary cases - and the examination.

Claims to the carrier can be presented within 6 months; Claims on the payment of a fine - within 45 days.

If the passenger is denied by carriage, or it is not allowed on the aircraft, or removed from the aircraft for the reasons mentioned above, it has the right only to return the amounts for the unused ticket or its part in accordance with the rules for the application of tariffs.

If set to ensure the safety of flight restrictions on the permissible commercial loading of the sun exceeded, the carrier has the right to decide which one of the passengers and which luggage is not subject to transportation on this aircraft.

The carrier is obliged to organize the service of passengers of the Sun, provide them with accurate and timely information on the movement of the Sun and the services provided.

The passenger Sun has the right:

1. Fares on preferential terms in accordance with the legislation of the Russian Federation and installed carriers of air transport.

2. Free provision of its baggage within the established norm. The norms of free baggage, including things under the passenger, are established depending on the type of sun and can not be less than 10 kg per passenger.

3. Free, with international air transportation - in accordance with a preferential rate, a transfer with you one child under the age of 2 years without providing him with a separate place. Other children aged no older than 2 years, as well as children aged 2 to 12 years are transported with the provision of individual places.

4. Free use of recreation rooms, Mother and Child rooms, as well as a place in the hotel during an air transportation through the fault of the carrier or with a forced latency of the Armed Forces when sending and (or) in flight.

The procedure for providing passengers from Sun services and benefits is established by federal aviation rules.

The responsibility of the carrier.

Responsibility for the transport of passengers and baggage is determined by:

· Legislative acts of the Russian Federation;

· Aerial Code of the Russian Federation;

· The Warsaw Convention for the Unification of some Rules relating to international air transport and the Hague Protocol on the amendments to the Convention;

· International air transport contracts;

· Agreements between airlines (airports, carriers, aircraft service agents and passengers);

The carrier is responsible for the damage resulting from death or damage to the passenger's health from the moment the passenger entry perron of airport to land into the aircraft and until the passenger left the Perron under the supervision of the carrier authorized persons, unless otherwise provided by the contract or agreement on the responsibility between carriers .

The carrier is responsible for the loss, shortage or damage to luggage since its adoption for transportation and before issuing the recipient, if it does not prove that they have taken all necessary measures to prevent damage, or that such measures could not be taken, regardless of where It happened - on earth or board of the aircraft.

As long as the carrier does not prove otherwise, it is assumed that loss, shortage or luggage damage occurred during transportation.

The carrier is responsible for the direct damage caused to the passenger due to the delay in its delivery and delivery of his baggage to the final destination, due to the uninstallation of a place confirmed by the airlines booked on the airline, with the exception of cases related to the aircraft replacement due to force majeure or Requirements of state bodies.

Limits of air transportation in the Russian Federation.

1. Convenience The carrier for the carriage carried out by the airline in the Russian Federation is governed by legislative and subtitle acts in the territory of the Russian Federation, as well as the rules for the carriage of passengers and luggage of the airline.

2. For a loss, shortage or damage (damage) of baggage, as well as things under the passenger, the carrier is responsible in the following sizes:

· For the loss, shortage or damage (damage) of baggage taken to air transport with declared value, in the amount of declared value (for air transportation of luggage with declared value, an additional fee is charged);

· For the loss, shortage or damage (damage) of baggage adopted for air transport without declared value, in the amount of their value, but not more than 2, established by federal law, the minimum wage per 1 kg of luggage weight;

· For the loss, shortage or damage (damage) of things under the passenger, in the amount of their value, and in case of the impossibility of its establishment, in the amount of no more than 10, established by federal law, the minimum wage.

3. For a loss, shortage or damage to the hand-bag and other passenger property, the carrier is responsible only if it has been proved that the damage is caused by the fault of the carrier.

Limits of responsibility for international transportation.

1. In international transport, as determined by the Warsaw Convention, the carrier's responsibility for each passenger is limited to the amount of $ 10,000, and during transportation, as determined by the Warsaw Convention by the Amended Hague Protocol, the carrier's responsibility is limited to the amount of 20000 US dollars.

2. During the transportation between US points, the responsibility of airlines or carriers, which are participants in special treaties, for each passenger in most cases is limited to proven damage, but does not exceed $ 75,000 for each passenger and responsibility in these limits occurs independently of the carrier's fault.

The list of carriers - participants of such special treaties is available in all agencies for the sale of tickets of these carriers.

3. Responsibility for loss, damage and losses caused by the delay in the delivery of baggage for most international traffic (including internal segments of international transportation) is limited to the amount of $ 20 per kg of registered baggage of a limited amount of $ 400 per hand in relation to each passenger.

With air transportation between points on the territory of the United States, federal rules require that the carrier's responsibility for manual row amounted to at least $ 1250 for one passenger.

Conditions excluding the responsibility of the carrier.

1. The switch is not responsible and does not reimburse losses for damage arising directly or indirectly due to the compliance with laws, decisions, rules and regulations of state bodies and these rules, or because of non-compliance with their passenger.

2. The carrier is not responsible for the damage caused by the fault of the carrier or any unemplistricant reason (including: natural disaster, weather conditions, an act of illegal intervention, the requirements of state bodies, etc.).

3. The switch is not responsible if the death or damage to the passenger's health was the result of its health.

4. The carrier is not responsible to the passenger on the claim filed by the person or on his behalf regarding the person who deliberately caused damage to death, injury, injury to the passenger or damage to its luggage during transportation.

5. The driver is exempt from liability if it proves that the loss, shortage or damage of baggage occurred as a result of the circumstances that he could not prevent or eliminate which it did not depend on it, in particular, due to:

· The guilt of the person who has surrendered or received baggage;

· Natural properties of transported objects;

· Packaging deficiencies that could not be seen with the external inspection of the received baggage;

· Special properties in luggage or substances that require special conditions or precautionary measures during their transportation and storage.

6. The carrier is not responsible:

· For the shortage of the mass of transported baggage in case of arrival and passing it to a passenger in a good packaging, without traces of theft and damage, if the passenger does not prove that the shortage of baggage occurred and occurred due to the fault of the carrier;

· For the delay in luggage delivery due to the circumstances that do not depend on the carrier, in particular, due to adverse meteorological conditions, a natural disaster, interference with the proof the process of non-commissioned persons and others.

· For damage to fragile and fragile things, for money, jewelry, precious metals, silverware, valuable and business papers, medicines, keys, passports, certificates and other things that are not accepted as registered baggage, regardless of whether Carrier about the presence of these things in the baggage or not.

The requirements of the European Union to air carriers on the payment of compensation to passengers in case of refusal to land on board, as well as cancellation or delay of the flight.

From February 17, 2005, the new requirements of the European Union for air carriers on the payment of compensation to passengers were entered into force in case of refusal to board, as well as the cancellation or delay of the flight (Resolution (EU) No. 261/21 of the European Parliament and the Council of the European Union on February 11 2004).

This resolution applies to passengers:

Departing from the airport, which was located on the territory of the state member of the EU (T.O., the provisions of the decision can apply to Russian airlines flying to / from the EU member states);

Departing from the airport located on the territory of the state who is not a member of the EU to the airport located on the territory of the EU member state (if the operator's side operator on this flight is an EU air carrier).

The decree is introduced the following requirements for air carriers with respect to passengers undergoing inconvenience due to refusal to land on board, as well as cancellation or delay of flight:

The carrier informed passengers to cancel the flight more than 2 weeks before the date of departure;

The carrier informed passengers to cancel the flight from 14 to 7 days before the departure date and suggested the passengers another flight, which suggests departure no more than 2 hours before the departure time provided by the schedule for a canceled flight, and reaching the destination less than 4 hours later time of arrival of canceled flight;

The carrier informed passengers about the abolition of the flight 7 days before the date of departure and suggested the passengers another flight, which suggests an departure for no more than an hour before the departure time provided for by the schedule for a canceled flight and reaching a destination less than 2 hours later, the arrival time of the canceled flight.

When related by departure by more than 5 hours, the carrier provides a passenger the right to compensation or an alternative flight (to choose from):

Reimbursement for the entire route paid within 7 days;

With the first opportunity - providing a reservation to the initial departure point.

Thus, the carrier has the following duties in the case of:

1. Failing to board on board (against the will of the passenger):

· Responsibility for compensation;

· Responsibility for compensation or providing an alternative flight. Depending on the selection of the passenger, the carrier arises either the obligation to pay compensation (the cost of the ticket, including the cost of tickets throughout the route planned to implement or already implemented) and at the first opportunity to ensure the return flight to the initial departure point, or the proposal of an alternative route to the destination. At the first opportunity, or the proposal of an alternative route to the destination by another flight, depending on the workload of the aircraft;

· Responsibility for additional services (nutrition, accommodation, communication)

2. Cancellation of flights:

o duty when paying compensation or provision of an alternative flight;

o Responsibility for compensation for non-fulfillment by the carrier of the above conditions (*).

3. Flight delay:

o responsibility for providing additional services (food, placement, communication);

o When the flight delay in more than 5 hours, the carrier has a duty to pay compensation or the provision of an alternative flight.

Depending on the duration of the failed or delayed flight, the size of the European Union is differentiated by the amount of compensation payments, as well as the provision of additional services (meals, placement, communication) in the event of a flight delay.

Due to the fact that currently passengers are not informed about their rights arising in the event of refusal to board, as well as the cancellation or delay of the flight, the EU decree provides for the obligation of the air carrier to inform passengers about their rights in the following ways:

1. To provide passengers with visual information that in case of refusal to board, as well as the cancellation or delay of the flight for more than 2 hours, information on the rights of passengers can be obtained in writing at the registration item or in the landing zone ( special customs control zone);

2. Ensure each passenger undergoing inconvenience due to the refusal to land on board, canceling or delaying the flight, written notice regarding the rules for payment of compensation and the provision of additional services (nutrition, placement, communication) in accordance with the Resolution.

Passenger responsibility during transportation.

1. If the carrier suffered the damage to the fault of the passenger, the passenger carries material liability within the damage caused and proven missed benefits.

2. The passenger is responsible for non-compliance:

· Transport rules (photographing, film and use of radio communications);

· Rules for the provision of fire safety, sanitary and hygienic and sanitary-anti-epidemic;

· Transportation rules of hazardous substances or items;

· Flight safety rules (attempt to open the door, hatch of the aircraft, refusal to fasten the safety belt, smoking, etc.)

3. The passenger is responsible for violating public order in airports and urban agencies, airports, airfields and aircraft, including responsibility for unlawful actions relative to other passengers and carrier personnel.

4. Administrative and criminal liability identities are established in accordance with the legislation of the Russian Federation or the legislation of the host country.

international Air Transport Passenger

Literature

3. www.icao .ru.

Posted on Allbest.ru.

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International agreements regulating air transport. International legal regulation of international air transport. International air transport

6.1.4. International Air Transport Regulation

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