Law On Airspace Control

Law nr. 143 Adopted On 21.06.2012

Chapter I - General Dispositions


Article 1. - This law establishes the powers of central government in airspace management, regulates the action against unauthorized aircraft using the airspace of the Republic of Moldova and apply to aircraft operating in the airspace of the Republic of Moldova.

    Article 2. - The airspace of the Republic of Moldova is located column of air over its territory, until the lower limit of outer space, on which the Republic of Moldova exercises its sovereign rights under international law.

    Article 3. - Under present law, the following definitions:
    unauthorized aircraft using the airspace of the Republic of Moldova - Moldovan or foreign aircraft performing flight activities in airspace of the Republic of Moldova without permission in this regard or that departs from the provisions of permission received;
    interceptor aircraft - aircraft performing military maneuvers close to an unidentified aircraft or an aircraft from unauthorized use airspace of the Republic, to identify, alert, obliging to take or destroy its legality;
    landing - the aircraft to maneuver smoothly with surface ignition in the start up recovery and stop it when the runway or landing platform;
    departure - flight phase of an aircraft, after turnover on the ground, detaches and rises into the air to carry out flight;
    diversion - action to change the destination of an aircraft by force or threat of force;
    Fire warning - performed by aircraft fire interceptors with artillery guns to warn the crew onboard the aircraft using the airspace of the Republic of Moldova unauthorized, not that it be struck;
    destruction fire - fire made by an interceptor aircraft with weapons on board or by means of air defense ground to destroy aircraft using unauthorized airspace of the Republic of Moldova;
    helidrom - aerodrome or airport used exclusively for taking off, landing and surface movement of helicopters;
    tracer ammunition - projectiles from military aircraft bullet fluorescent, visible after launch most of its trajectory;
    air traffic bodies - civil structures under the Ministry of Transport and Road Infrastructure and military structures under the Ministry of Defense, specializing in surveillance, coordination, control and management of aircraft;
    overflight - with or without penetration and stop crossing the airspace of a State;
    flight trajectory - line joining successive positions occupied or intended to be occupied by an aircraft in flight.

    Article 4. - Use of airspace of the Republic of Moldova are governed by written permission given by:
    a) Ministry of Transport and Road Infrastructure, Moldovan and foreign civil aircraft conducting scheduled;
    b) Civil Aviation Authority:
    - Moldovan civil aircraft and irregular foreign voyages;
    - Moldovan civil aircraft carrying official delegations;
    - Moldovan civil aircraft carrying troops, weapons, combat equipment, hazardous materials and any other charge which by their nature, can affect the national security of the Republic of Moldova - with the approval of the Ministry of Defense;
    - Moldovan civil aircraft flights running and shooting national territory - with the approval of the Ministry of Defense and the Intelligence and Security;
    c) Ministry of Foreign Affairs and European Integration:
    - Foreign civil aircraft carrying official delegation - with the approval of the Ministry of Transport and Road Infrastructure;
    - Foreign civil aircraft carrying troops, weapons, combat equipment, hazardous materials and any other charge which by their nature, can affect the national security of the Republic of Moldova - with the approval of the Ministry of Transport and Road Infrastructure and the Ministry Defense;
    - Foreign civil aircraft flights running and shooting national territory - with the approval of the Ministry of Defense and the Intelligence and Security;
    - For foreign State aircraft - with the approval of the Ministry of Defense;
    d) Ministry of Defence, the Moldovan state aircraft.

    Article 5. - (1) Responsibility for carrying out measures to suppress illicit acts related to unauthorized use of airspace of the Republic is the Ministry of Defence, which is empowered to take action under this law and to use for this purpose forces and their means.
    (2) civil air traffic bodies notify the Ministry of Defence about the specialized aircraft to operate in the airspace of the Republic of Moldova, about those in their control or who have information that the unauthorized use airspace.

Chapter II - MODE OF ACTION AGAINST AIRCRAFT UNAUTHORIZED USE THE SPACE
AIR OF THE REPUBLIC OF MOLDOVA


    Article 6. - Cases in which the aircraft uses unauthorized airspace of the Republic are:
    a) taking off from an airport, airport or other place of the national territory without permission in this respect from law enforcement;
    b) deviation from the approved flight path received permission from authorities in law enforcement without notifying air traffic;
    c) entering the airspace of the Republic of Moldova without permission by the authorities as provided in art. 4;
    d) landing or water without permission;
    e) given radio link and / or unlawful interference on board, whether observed or received permission from the aircraft was hijacked;
    f) failure by the crew of an aircraft, air traffic enforcement provisions.

    Article 7. - The timing and place of production as provided in art. 6 is performed by air traffic authorities.

    Article 8. - Against unauthorized aircraft using the airspace of the Republic of Moldova Ministry of Defense take the following measures successively:
    a) establishing ground position of the aircraft, the radio link and identity;
    b) providing ground information and the provisions of the pilot or aircraft crew, authorized to use the airspace of the Republic of Moldova;
    c) intercepting unauthorized aircraft which continue to use the airspace of the Republic of Moldova;
    d) the enforcement notice by fire interceptor aircraft;
    e) execution of destruction by fire of interceptor aircraft;
    f) the execution by means of fire destroying air defense ground.

    Article 9. - (1) Establish ground position unauthorized aircraft using the airspace of the Republic of Moldova, the radio link with it and determining its identity is made by air traffic authorities, using specialized resources in service or are made operation for this purpose.
    (2) In identifying unauthorized aircraft using the airspace of the Republic of Moldova, at the request of the Ministry of Defense, may participate Moldovan civil and state aircraft.

    Article 10. - Air traffic bodies shall inform each other on the discovery and identification of aircraft, the causes violating this law and based on information available to give pilots and crews provisions for legal use of airspace of the Republic of Moldova.

    Article 11. - (1) If unable to establish radio links with unauthorized aircraft using the airspace of the Republic of Moldova, this intercept by military aircraft.
    (2) interception is done and where pilots and crews did not execute the instructions received from air traffic authorities.
    (3) unauthorized interception of aircraft using the airspace of the Republic of Moldova is run in compliance with aviation regulations and aims to identify them visually, indicating the way forward for the return flight authorized assistance if necessary, direct the leaving the prohibited areas, restricted, dangerous or those reserved temporarily or landing guidance at the aerodrome, airport or helidrom indicated.
    (4) During the interception, the transmission provisions, interceptor aircraft will use radio frequencies authorized, and if there is no radio link, will use visual signals and maneuvers according to international regulations established for this purpose.

    Article 12. - (1) interceptor aircraft can carry fire warning against unauthorized aircraft using the airspace of the Republic of Moldova only if the other procedures laid down in Art. 8 points. a)-c) have not resulted into its legality.
    (2) Fire warning is aimed at warning the pilots and crews of aircraft that use unauthorized airspace of the Republic of Moldova and ordered to unconditionally follow the instructions and provisions sent by air traffic bodies and interceptor aircraft.
    (3) Fire warning runs with artillery armament on board, excluding the use of tracer ammunition and weapons.

    Article 13. - (1) fire of destruction against unauthorized aircraft using the airspace of the Republic of Moldova interceptor aircraft runs only if the measures provided for in art. 8 points. a)-d) have not resulted into the legality of that aircraft or where the retorts, by aggressive maneuvers or fire, the instructions, requirements and signals.
    (2) ground air defense means will deliver fire of destruction only where the measures referred to in paragraph. (1) the aircraft was not damaged.

    Article 14. - (1) civil aircraft against unauthorized use airspace of the Republic of Moldova can only take measures under Articles. 8 points. a)-c).
    (2) If these measures have resulted in entry or re-legalization of civil aircraft using the airspace of the Republic of Moldova unauthorized, interceptor aircraft will accompany and supervise the time that it is in the airspace of the Republic Moldova, until landing at an airport or before leaving the airspace of the Republic of Moldova.
    (3) In exceptional cases, he is uncertain that the civil aircraft was diverted, captured or exercising control over its illegal and there are reasonable assumptions it can be employed to commit a terrorist act permitted the measures provided for in Article . 8 points. d)-f).

    Article 15. - (1) If an aircraft does not comply with the permission of flight due to force majeure (natural and industrial disasters, hazardous weather, technical failure or damage, special situations on board the crew or passengers, loss orientation) will be taken measures under Articles. 8 points. a)-c).
    (2) Measures taken under par. (1) shall be designed to assist the crew of the aircraft continue to fly or land safely.

    Article 16. - (1) aircraft which landed in Moldova following the application of measures under this law continues to be treated as unauthorized aircraft using the airspace of the Republic of Moldova upon obtaining permission from state authorities to resume flying .
    (2) Prior to obtaining permission to resume the flight to the aircraft will take the following measures:
    a) parking place indicated;
    b) aircraft surveillance and security;
    c) establish the identity of the crew, passengers, cargo and nature of other data obtained on aircraft flight and the circumstances that caused the deviation from the permission held.
    (3) The obligation to take action under par. (2). a) and b) have:
    a) Commanders air bases for aircraft landing at an aerodrome or airport shared with civil aviation;
    b) heads of civil aviation, for aircraft landing on one of them;
    c) bodies of the Ministry of Interior, for aircraft landing on land other than airfields and airports.
    (4) The obligation to take action under par. (2). c) have:
    a) Commanders air bases for aircraft landing at an aerodrome or airport shared with civil aviation;
    b) MIA organs, including the Border Police;
    c) Civil Aviation Authority.
    (5) At the request of commanders of air bases or civil airports heads, bodies of the Ministry of Internal Affairs will participate in performing the measures referred to in paragraph. (2) a) and b).

Chapter III - APPROVAL OF ENFORCEMENT POWERS MEASURES AGAINST USING AIRCRAFT
UNAUTHORIZED AIRSPACE OF THE REPUBLIC OF MOLDOVA


    Article 17. - The right to order or approve measures under Articles. 8 points. a)-c) plays Commander of National Army Air Force.

    Article 18. - (1) The right to order or approve the execution by fire warning aircraft interceptors, enforcement of destruction by fire of interceptor aircraft and ground to air defense means he is Defense Minister in his absence - the Chief Staff of the National Army.
    (2) The measures provided for in art. Article 14. (3) takes place only after approval by the Supreme Commander of the Armed Forces.\

    Article 19. - About every case of unauthorized use of airspace of the Republic of Moldova, Ministry of Defense shall immediately inform the Supreme Commander of the Armed Forces Intelligence and Security.

    Article 20. - To execute the flight safety, during the measures provided for in Art. 8, Ministry of Defence, through its specialized Air Force can issue instructions to divert or temporarily banning all flights in a given area or the entire airspace of the Republic of Moldova.

    Article 21. - Transmission of data on the provisions and orders to clarify the air and unauthorized actions against aircraft using the airspace of the Republic of Moldova has prioritized national communications systems.

    Article 22. - (1) Data, steps taken, provisions and orders on unauthorized aircraft using the airspace of the Republic of Moldova will be recorded using special equipment or equipment will be recorded and retained until completion of the research event.
    (2) These data will be made available of investigators, with the legal provisions in force.
    (3) destruction, tampering, or unauthorized disclosure by institutions or data provided in par. (1) is punishable by law.

Chapter IV - FINAL AND TRANSITIONAL DISPOSITIONS


    Article 23. - This law is implemented within the financial allocations.

    Article 24. - Violation of this law disciplinary liability, property, civil or criminal, in accordance with the law.

    Article 25. - Government within six months:
    a) bring its legislation in conformity with this law;
    b) take necessary measures to implement this law.
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