International Aviation Committee manual. MAC has lost confidence

Interstate aviation committee- supranational executive body responsible for flight safety in the region civil aviation in Commonwealth countries Independent States(CIS).

Established on the basis of a resolution of the Council of Heads of Government of Member States Economic Community dated December 6, 1991 and the intergovernmental Agreement on civil aviation and on the use of airspace, signed on December 30, 1991. The Committee is the successor to a number of commissions of the USSR Ministry of Civil Aviation.

Story

All republics are currently members of the Agreement former USSR, with the exception of the Baltic states and Georgia, there are only 11 states: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. Georgia withdrew from the Agreement simultaneously with the termination of its membership in the CIS in 2009.

Initially, the committee was authorized to develop and coordinate policies in the field of international air services, air transportation safety, aviation tariffs and fees, interstate air traffic schedules, certification of aircraft, airlines, and airfields. He was also tasked with investigating all aviation accidents involving aircraft of the CIS member states and on their territory and maintaining a general aviation register.

According to the Agreement on Civil Aviation and the Use of Airspace, the IAC is the body that ensures the work of the Council on Aviation and the Use of Airspace, consisting of authorized representatives of the Contracting States, created under this Agreement, and carrying out its activities on the principles of consensus.

In 1992-1997 By a number of resolutions, the MAK was equated to the federal executive body in terms of certification and investigation of aircraft accidents on the territory of Russia.

In the late 1990s - early 2000s. certification functions for airlines, individual aircraft, training centers moved from the IAC to state aviation regulatory authorities participating countries Agreements (in Russia such a body is currently Federal agency air transport, Rosaviatsia).

Activity

The main function of the IAC is to issue aircraft type certificates, airport certificates, develop recommendations and regulations, and investigate aircraft accidents. Over the 25 years of the committee's work, over 200 plane crashes were investigated. Based on the results of the investigations, over 260 recommendations were made aimed at improving flight safety.

In 2001, the IAC signed a memorandum of understanding with the International Civil Aviation Organization (ICAO), and the committee uses the standards of this organization.

The IAC is financed by contributions from the countries participating in the Agreement; in 2013, according to SPARK-Interfax, they amounted to 224 million rubles. The committee's expenses in the same year amounted to 211 million rubles, of which 133 million were for labor costs, 27 million for the maintenance of premises and property.

MAK headquarters is located in Moscow.

Management

Since the creation of the IAC, Tatyana Anodina has been its chairman. She was appointed to this post on December 6, 1991 by a decision of the Council of Heads of Government of the Member States of the Economic Community. Neither the resolution on the creation of the IAC dated December 6, 1991, nor the intergovernmental Agreement dated December 30, 1991, specified the procedure for the appointment and resignation of the head.

According to Life, Prime Minister Dmitry Medvedev signed a decree establishing the International Bureau for the Investigation of Aircraft Accidents and Serious Incidents. The new structure is designed to perform the functions of the IAC, created back in 1991. The new structure will include specialists from Armenia, Belarus, Kazakhstan and Kyrgyzstan, which are members of the Eurasian Economic Union (EAEU). The doors to the new international organization are also open to other CIS countries.

Part of the functions of the IAC for certification of aircraft, engines and airfields is planned to be transferred to the Ministry of Transport, the Ministry of Industry and Trade and the Federal Air Transport Agency.

Thus, according to the instructions of the Prime Minister, the functions of the IAC for certifying types of aircraft will be transferred to the Federal Air Transport Agency, airfields - to the Ministry of Transport, and engines and propellers - to the Ministry of Industry and Trade. Previously, these functions were delegated to the IAC, essentially on a voluntary basis.

The government believes that, unlike the IAC, the new Bureau will conduct investigations not only of accidents, but also of serious incidents that differ not only in consequences, but also in circumstances.

The main function of the new structure is an expert investigation into the circumstances of aviation accidents, says a Life source in the Russian Government.

The Ministry of Transport of the Russian Federation notes that after the formation of national air legislation in Russia and other CIS countries, the 1991 agreement on the creation of IAC “largely lost its functions.”

The new structure will include Armenia, Belarus, Kazakhstan and Kyrgyzstan - members of the Eurasian Economic Union (EAEU). Negotiations with countries included in the EurAsEC took place throughout 2018. They were talking about their inclusion in the International Bureau for Aircraft Accidents and Serious Incident Investigation.

According to the executive director of the Aviaport company, Oleg Panteleev, if the creation of a new investigation body takes place without haste, then the new bureau will have time to prepare personnel, scientific, technical and material base for its work. At the same time, maintaining interaction with the IAC in this area will make it possible to use the developments of highly qualified specialists and international contacts.

Life sources in the aviation industry express another version of the creation of the International Bureau for the Investigation of Aircraft Accidents and Serious Incidents under the Eurasian economic union(EAEU). In their opinion, this is how Rosaviatsiya is trying to take control of the system of independent investigations that the MAK has been conducting for 27 years.

Honored Pilot of the Russian Federation, Hero of Russia Magomed Tolboev says that he does not understand why create a new structure for investigating aviation accidents in the CIS countries and the Eurasian Economic Union (EAEU), if competent specialists worked at the IAC.

Experts attribute the problems of the MAC in Russia and its legal status on the territory of the country.

On the one hand, the IAC is the federal executive body of the Russian Federation responsible for investigating aircraft accidents, and on the other hand, interstate structure, unaccountable to Russia. This is where the legal conflict lies.

The MAC, its officials, as well as the decisions they make are not under the control of the administrative and judicial system Russian Federation. Consequently, the IAC is a supranational body, absolutely free to make any decisions, which excludes legal mechanisms for involving it officials to liability, and also does not allow the use of judicial and administrative means of protection of the violated rights of subjects provided for by the legislation of the Russian Federation aviation activities,” lawyer Alexander Ostrovsky explained to Life.

Now the IAC is investigating all aviation accidents involving aircraft of states parties to the agreement, both on their territories and beyond, as well as within the framework of agreements concluded with other states. The main principle of the IAC investigation system is independence, which is in accordance with the recommendations of the International Civil Aviation Organization (ICAO), International Association air transport (IATA) and the European Community Directive regarding the independent investigation of aviation accidents.

The Interstate Aviation Committee (IAC) was established on December 30, 1991. The parties to this agreement to date are the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan and Ukraine.

The IAC itself refused to tell Life details about the creation of a new structure.

The Interstate Aviation Committee (IAC) does not comment on decisions government agencies Russian Federation,” the IAC told Life.

According to Life, Russia may announce its withdrawal from the IAC at the next meeting of the executive committee, which will lead to a chain reaction.

It cannot be ruled out that, following Russia, representatives of other participating countries will announce their withdrawal from the IAC founders. Then the organization will simply cease to exist,” said Life’s interlocutor familiar with the situation.

Established on the basis of the intergovernmental “Agreement on Civil Aviation and the Use of Airspace” signed in December 1991. In accordance with Article 8 of this agreement, the IAC is the executive body ensuring the implementation of decisions of the Council on Aviation and the Use of Airspace, created by the agreement as an international governmental organization. Council sessions are held at least once a quarter, and draft programs and agendas are presented by the Chairman of the IAC and approved by the Council. The Chairman of the IAC is appointed by a resolution of the Council of Heads of State - members of the Economic Community (since 1991, this position has been held by T. G. Anodina).

Long time The IAC, as the successor to the Soviet Commissions on the use of airspace, air traffic control and state supervision of aircraft safety (in terms of functions agreed upon by the CIS states), dealt with a wide range of issues of certification in civil aviation and investigation of aviation accidents in the interests of sponsor states. About legal status MAC has different opinions, a number of lawyers believe that MAC is not a subject international law and cannot independently exercise any authority, much less state functions of the Russian Federation or another CIS state. At the same time, the IAC, as an executive body of an international governmental organization, and its employees, who are international personnel, cannot be held responsible for the improper performance of their functions before government authorities of the Russian Federation or another CIS state.

Although the certification authority of the IAC in Russia expired in December 2015, AR IAC continues to issue type certificates for interested CIS countries. However, since 2015, the main task of the IAC is to conduct investigations of aviation accidents involving civil aviation aircraft (in

The Interstate Aviation Committee (IAC) was established on a contractual basis on December 30, 1991. It is included in the ICAO Register of International Intergovernmental Organizations and registered in the Commonwealth of Independent States (CIS).

IAC is an intergovernmental organization sovereign states region Eastern Europe acceded to the Agreement on Civil Aviation and on the Use of Airspace, which was signed in Minsk (Republic of Belarus). As of the end

2005, 12 states are parties to the Agreement: the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan and Ukraine. Two states - the Republic of Latvia and the Republic of Estonia - have observer status.

In accordance with the powers delegated by the founding states, the IAC is designed to serve the goals of a unified policy and coordination of activities in the field of use of airspace, air traffic control, certification of aircraft, airfields and equipment, investigation of aviation accidents, ensuring the unification of Aviation Rules systems, development of a coordinated policy in the field of air transport, coordination of the development and implementation of interstate scientific and technical programs. Since the degree of delegation of powers to the IAC by the founding states is not the same, the nature of their participation in the activities of the IAC has significant differences.

The main activities of the IAC are:

development and formation of the structure of unified Aviation Rules and Procedures in the field of civil aviation and the use of airspace in the CIS region, as well as their harmonization with Aviation Rules recognized by the World Aviation Community;

creation and maintenance of the functioning of a unified certification system aviation technology and its production, its harmonization with other international systems;

preservation for the CIS member states of a professional independent body for the investigation of aviation accidents, ensuring an objective investigation of aviation accidents not only in the territories of the Commonwealth states, but also beyond their borders;

protection for the CIS countries of the air transport services market through interstate agreements and agreed regulations in the field of tariffs and mutual settlements;

coordination of interaction between authorities in emergency situations and in zones of local military conflicts on the territory of the states parties to the Agreement;

fight against illegal interference in civil aviation activities;

development international cooperation with states and international organizations civil aviation in order to integrate the states parties to the Agreement into the global aviation community.

Almost detective story! And, it seems, with a continuation... In November 2015, the government of the Russian Federation decided to redistribute the functions of the Interstate Aviation Committee (IAC) between the Ministry of Transport, the Federal Air Transport Agency and the Ministry of Industry and Trade.

According to this decision, the functions of determining the procedure for certification of international and commercial airports, types of aircraft and a number of other important aviation systems were transferred to the Ministry of Transport. The certification process and verification of certification requirements must be carried out by specialists from the Federal Air Transport Agency. The Ministry of Industry and Trade received the authority to certify enterprises related to the production of aircraft. And an incomprehensible fuss began.

Pressure came on IAC when, as part of the development of Federal Law-253 of July 21, 2014, amendments were made to Art. 8 of the Air Code of the Russian Federation in terms of vesting the Federal Air Transport Agency with the authority to issue permits to developers and manufacturers of civil aircraft.

No logic

Since the initiators of the changes did not imagine how the “innovations” would begin to work in practice, with the adoption of this law, the previously existing government documents, according to which the IAC acted as an authorized body for the certification of developers and manufacturers in the Russian Federation, were not canceled or changed. And the IAC Aviation Register continued to work in all areas. The final start to the previously adopted decisions was given in November 2015.

According to aviation experts, the situation unfolding around the MAK has no logic behind it. After all, the entire contractual framework with EASA, FAA and ICAO “hangs” on it. When the functions of the Federal Air Transport Agency are transferred, all of it “flies”, not only throughout Russia, but throughout the entire aviation space of the former USSR. MAC is the regulator of everything post-Soviet space and acts on behalf of all former parts of the Union in the external aviation sphere. Even Ukraine, which, in defiance of Russia (by the way, it was under Viktor Yanukovych) introduced its own register system, later came to its senses and did not break ties with MAK. Having begun the process of creating a national register, it ran into the impossibility of creating an external legal framework in the global aviation space, which the IAC has.

Drawn certificates

At the end of 2015, the head of the Russian government, Dmitry Medvedev, received final decision about the actual liquidation of this institution. It should be noted that Mr. Medvedev has not liked the IAC for a long time. After the crash of the Yak-42 plane in Yaroslavl, we can say that Medvedev stopped the operation of this type of aircraft. POPPY believes: the equipment was in order, but there are questions about the work of the Federal Air Transport Agency. I remember that then an inspection of flight schools began, and someone was caught with fictitious diplomas and false certificates. But the matter was hushed up.

In connection with this disaster, Alexander Neradko, who heads the Federal Air Transport Agency, supported by the Ministry of Industry and Trade, launched an attack on the MAK. Minister Denis Manturov has his own interest. He repeatedly tried to push through the IAC to issue a developer and manufacturer certificate for JSC Russian Helicopters (VR), which he created. And I regularly received the answer: to carry out certification in accordance with AP-21, it is necessary to prepare necessary documents(including real material production). But the Verkhovna Rada is a bureaucratic superstructure with a staff of about 800 people. Material production, she is a common shareholder in a number of helicopter assets, each of which has its own production certificates

and/or development of aviation equipment, does not have it on its balance sheet. After several attempts to persuade the MAK management, Manturov, apparently, began to “draw” certificates from the Ministry of Industry and Trade himself. But so far no one outside Russia recognizes them. However, this does not prevent them from selling them at a reasonable price to enterprises, receiving fees for “certification”.

What will destruction lead to?

Also had their interest in “overclocking” the MAC. Federal service for Military-Technical Cooperation (FSMTC), which, together with BP, came up with its own system of external “military certification” of repair enterprises. Although it seems that this is a completely illegal action, since in other countries military trade and repair services are regulated in the same way as in the Russian Federation, at the level of special national regulators.

Thus, it turns out that the group of interested parties in the liquidation of MAK is Denis Manturov (Minister of Industry and Trade), the leadership of the FSMTC and Alexander Neradko (Rosaviation), and it was headed by order of Dmitry Medvedev Arkady Dvorkovich. This group organized the “raid” on MAK.

Undoubtedly, in many areas there are questions about the activities of the MAK and its director Tatyana Anodina. But this cannot be the reason for the destruction of an entire interstate institution on which the entire contractual basis on aviation issues rests. The destruction of MAK will entail the collapse of the entire external contractual base not only for the Russian Federation, but also for the countries of the former USSR.

The Ministry of Industry and Trade has moved the switch

Against the backdrop of aspiration Russian authorities integrate the states of the former Union into unified system the collapse of MAK (a ready-made integrator of aviation space) appears to be the absence of any elementary state logic.

The Ministry of Industry and Trade, having encountered big problems in matters of reorganization, has already turned its attention to the Federal Air Transport Agency. And Russia sent out official notification notes that the functions of MAK were transferred to the Federal Air Transport Agency. But I didn’t receive an approving response to any of them.

The organizers of the destruction of MAK did not attach any importance to the fact that aviation security issues are not regulated by notification. There is a two-way principle of recognition of qualifications and other attributes of this area.

The US and the EU have been aligning their positions for eight years, and this is with full favorable attitude. Nobody knows how long Alexander Neradko will connect them in the current conditions of confrontation between Russia and the West.

To create a contractual framework with EASA, it is necessary to sign an intergovernmental agreement with the European Commission. And here it is big problem, because if at least one EU state is against it, then Russia will not see such an agreement.

And before it’s too late, this process must be stopped urgently. Since the decision was made to transfer to the federal executive authorities of the Russian Federation the functions previously performed by IAC, the proper execution of the powers assigned to the Ministry of Transport, the Ministry of Industry and Trade and the Federal Air Transport Agency in accordance with the Decree of the Government of the Russian Federation of November 28, 2015 No. 1283 has not been organized.

In the zone high risk

The Russian aviation industry is in a high risk zone of zeroing out the export potential for civil aviation products (SSJ, MS-21 programs, Mi-172, Mi-171A1, Ka-32A11BC helicopters, etc.) at least throughout the entire period of work on recognition new system certification. Considering that in modern world exists high level competition in the aviation sector, it can be assumed that the reformatting of regulation in the aviation field will be used by external competitors both in the global market and to obtain preferences within Russia in exchange for even partial recognition of the new certification system.

To get out of this situation, it would be useful to cancel earlier decisions made and return to the already created system based on MAK, carry out a change of leadership within the framework of Russian law in this organization. And also convene the Council on Aviation and Airspace Use. Approve a new candidate for the post of chairman. Adopt updated rules of procedure for the Council. But professional competence the new leader must be recognized by ICAO and other international aviation structures. Lawyers and effective managers"will not be accepted there.

The Interstate Aviation Committee (IAC) is the executive body of 11 states of the former USSR (Commonwealth of Independent States) for functions and powers delegated by states in the field of civil aviation and the use of airspace.

The European Aviation Safety Agency (EASA) is an agency European Union on regulation and execution of tasks in the field of civil aviation safety.

Federal Aviation Administration (FAA) - Central Authority public administration USA in the field of civil aviation.

International Civil Aviation Organization (ICAO) – specialized institution The UN, which sets international standards for civil aviation and coordinates its development to improve safety and efficiency.

The Federal Service for Military-Technical Cooperation (FSMTC of Russia) is a federal executive body of Russia that exercises control and supervision in the field of military-technical cooperation in accordance with the legislation of the Russian Federation.