On approval of the Rules for certification and issuance of a certificate to an organization for maintenance and repair of state aviation equipment

Updated Unofficial translation

Order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated September 3, 2019 No. 687. Registered in the Ministry of Justice of the Republic of Kazakhstan on September 4, 2019 No. 19341.

      Unofficial translation

      In accordance with subparagraph 11) of article 6 of the Law of the Republic of Kazakhstan dated March 18, 2019 “On the defense industry and the state defense order”, I HEREBY ORDER:
1. To approve the attached Rules for certification and issuance of a certificate to an organization for maintenance and repair of state aviation equipment.

      2. The Department of development of the military-industrial complex of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by the legislation of the Republic of Kazakhstan, to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan after its official publication.

      3. The supervising vice minister of industry and infrastructure development of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.

      4. This order shall come into force ten calendar days after the day of its first official publication.

      Minister R. Sklyar

      "AGREED"

      Ministry of defense of the

      Republic of Kazakhstan

      "AGREED"

      National Security Committee of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of national economy of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of internal affairs of the

      Republic of Kazakhstan

  Approved
by the order of the
Minister of industry and
infrastructure development
of the Republic of Kazakhstan
dated September 3, 2019 № 687

Rules for certification and issuance of a certificate to an organization
for maintenance and repair of state aviation equipment
Chapter 1. General provisions

      1. These Rules for certification and issuance of a certificate to an organization for maintenance and repair of state aviation equipment (hereinafter referred to as the Rules) are developed in accordance with subparagraph 11) of Article 6 of the Law of the Republic of Kazakhstan dated March 18, 2019 “On the defense industry and the state defense order” (hereinafter referred to as the Law) and determine the procedure for certification and issuance of a certificate to an organization for maintenance and repair of state aviation equipment (hereinafter - MR AE).

      2. The following terms and definitions are used in these Rules:

      1) aviation equipment (hereinafter - AE) - a complex of aviation technical equipment (aircraft, their on-board equipment and assemblies, engines, aircraft armament of a state aviation aircraft, aircraft rescue equipment, complex simulators (flight simulators), components, air traffic control equipment, landing navigation and communications, as well as ground support equipment of general and special application, designed to perform a flight, organize air traffic control and ground support of flights;

      2) repair of aircraft equipment - a set of operations to restore the serviceability or operability of aviation equipment and restore the resources (service lives) of aviation equipment and its components;

      3) maintenance of aircraft equipment - a set of measures to maintain and restore the technical readiness of aviation equipment during the overhaul period when it is used for its intended purpose, storage and transportation, the need for which is determined by its technical condition and documentation;

      4) organization for maintenance and repair of aviation equipment (hereinafter referred to as the organization for maintenance and repair of aviation equipment, organization for MR AE) - a legal entity that provides maintenance and (or) repair of aviation equipment and has a valid certificate;

      5) repair - a set of operations to restore serviceability or operability, eliminate the causes of failure and restore the expended resource of mechanisms, components or their components of weapons, military, automotive and special equipment, technical and special equipment;

      6) the authorized body in the field of defense industry and the state defense order (hereinafter referred to as the authorized body) - the state body that provides management and inter-sectoral coordination in the field of the defense industry and the state defense order;

      7) an applicant - an organization for MR AE that has applied to the authorized body to obtain a Certificate of an organization for MR AE of state aviation;

      8) non-compliance - full or partial non-compliance of the organization for maintenance and repair of AE with certification requirements;

      9) certification commission - a commission created by the order of the authorized body, with the participation of officials of the authorized body and involved experts with relevant aviation education and at least one year of aircraft maintenance experience;

      10) certification examination - an examination of the organization for MR AE, equipment, technological processes, documentation, organizational structure, competence of the applicant’s personnel for compliance with certification requirements, carried out by the certification commission;

      11) certification requirements - requirements for organizations for MR AE of state aviation, approved in accordance with subparagraph 12) of article 6 of the Law;

      12) certificate holder - an organization for MR AE, which received a certificate of organization for MR AE of state aviation from the authorized body.3. The certificate of the organization for maintenance and repair of state aviation equipment in the form in accordance with Appendix 1 to these Rules (hereinafter - the certificate) is inalienable and is not transferred to another person.

      4. The certificate shall be issued for two years, indicating the scope of activity and validity period. Upon expiration, the certificate shall be considered as invalid. The certificate shall be valid throughout the entire territory of the Republic of Kazakhstan.

      Footnote. Paragraph 4 is in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.09.2022 No. 502 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      5. The authorized body keeps records of the issued certificates and certificate holders, information about which is posted on the website of the authorized body.

      6. Certification of organizations for MR AE (hereinafter referred to as certification) and the issuance of a certificate are carried out by the authorized body.

Chapter 2. Procedure for certification of the organization for maintenance and
repair of state aviation equipment

      7. An organization for MR AE is subject to certification in the following cases:

      1) during a planned certification (initial or after the expiration of the previously issued certificate);

      2) when it is necessary to expand the scope of the organization;

      3) after revocation (termination) of the previously issued certificate.

      8. For certification, the applicant submits to the authorized body an application for obtaining a certificate by an organization for maintenance and repair of state aviation equipment in the form specified in Appendix 2 to these Rules (hereinafter - the application).

      The application is attached with the documents for obtaining a certificate by an organization for maintenance and repair of state aviation equipment in accordance with Appendix 3 to these Rules (hereinafter - the list).

      9. The total period of certification of an organization for maintenance and repair of state aviation is established taking into account the scope of forthcoming work, as well as the tasks set, and does not exceed one month.

      10. The authorized body, within two working days from the date of registration of the application, shall check the completeness of the submitted documents according to the list provided in the list.

      If case of submission of an incomplete package of documents by an applicant or lack of information necessary for issuing a certificate in accordance with these Rules, the authorized body, within the specified time frame, shall send the applicant a notification on non-compliance of the submitted package of documents indicating the deadline for bringing them into compliance.

      The period for bringing the documents specified in the notification into compliance is two working days.

      Footnote. Paragraph 10 is in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.09.2022 No. 502 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      10-1. If within two working days from the date of receipt of the notification the applicant has not brought it into compliance with the norms of paragraph 10 of these Rules, the authorized body shall refuse to further consider the application.

      When the applicant submits a complete package of documents, the authorized body, within five working days from the date of registration of the application, shall check the contents of the submitted documents.

      Based on the results of consideration of the application and submitted documents, the authorized body shall send the applicant one of the following notifications:

      1) a notification on conducting the certification in the form according to Appendix 4 to these Rules;

      2) or a reasoned refusal indicating specific deficiencies in the submitted documents.

      Footnote. The rules have been supplemented by paragraph 10-1 in accordance with the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.09.2022 No. 502 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      11. The certification commission shall carry out a certification examination for compliance of the organization for maintenance and repair of aircraft, with the certification requirements for organizations for the maintenance and repair of state aviation equipment, approved by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated September 3, 2019 No. 688 (registered in the Register of state registration of regulatory legal acts No. 19340).

      Footnote. Paragraph 11 is in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.09.2022 No. 502 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      12. Depending on the number of non-compliances identified, as well as their degree of influence on ensuring the safety of working conditions, the protection of human life and health, the environment, flight safety and aviation security, the quality of contractual obligations under maintenance and repair of aviation equipment, the category of applicant’s non-compliance with certification requirements is established:

      1) category 1 - non-compliance with certification requirements, not hindering the implementation of activities and subject to elimination;

      2) category 2 - non-compliance with certification requirements not hindering the implementation of activities provided that it is eliminated within the time agreed upon with the authorized body;

      3) category 3 - non-compliance with certification requirements, hindering the implementation of activities.

      13. Determination of the category of non-compliance of the applicant is carried out by the certification commission.

      14. Based on the results of the certification examination, the certification commission shall draw up a certification examination report (hereinafter - the report) in the form specified in Appendix 5 to these Rules.

      The act indicates information about the actual state and availability of the applicant’s production infrastructure, the presence or absence of non-compliance with the certification requirements and the established category of the applicant’s non-compliance with the certification requirements.

      In case of non-compliance with the certification requirements of category 2, the authorized body shall establish a period for eliminating the identified inconsistencies, not exceeding three months from the date of approval of the certification inspection report.

      The applicant shall develop a corrective action plan in the form according to Appendix 6 to these Rules to eliminate identified inconsistencies and submit it to the authorized body within ten working days from the date of approval of the certification inspection report.

      If the applicant does not take corrective actions within the time limits established by the authorized body, the authorized body shall refuse to issue a certificate and (or) appendix to the certificate or revoke a previously issued certificate and (or) appendix to the certificate.

      In case of non-compliance with the certification requirements of category 1, a corrective action plan shall not be required.

      At the end of the act, a conclusion shall be made on the possibility or impossibility of issuing a certificate and (or) appendix to the certificate.

      The act shall be drawn up in two copies and signed by the members and the chairman of the certification commission. One copy of the act shall be given to the applicant against signature.

      Footnote. Paragraph 14 is in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.09.2022 No. 502 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for issuance and refusal to issue, suspension, revocation, changes,
additions, termination of a certificate and (or) annex to a certificate
for maintenance and repair of AE
Paragraph 1. Issuance and refusal to issue a certificate and (or) annex to the certificate

      15. On the basis of the act, the authorized body, within five working days after signing, makes a decision:

      1) on the issuance of a certificate and (or) annex to the certificate;

      2) on the possibility of issuing a certificate and (or) annex to the certificate after the applicant has eliminated the identified non- compliances;

      3) on refusal to issue a certificate and (or) annex to the certificate. The authorized body notifies the applicant in writing of the decision.

      16. The decision to issue a certificate and (or) annex to the certificate of the organization for maintenance and repair is taken in the absence of non- compliances with certification requirements or when establishing the non-compliance of category 1.

      17. The decision on the possibility of issuing a certificate and (or) annex to the certificate after the applicant eliminates the identified non-compliances is taken when establishing the non-compliance of category 2.

      18. The holder of the certificate, not later than two months before the expiration of the previously issued certificate, in the event that this type of activity continues, applies to the authorized body for certification and the issuance of a new certificate in accordance with paragraph 8 of these Rules.

      19. The decision to refuse to issue a certificate and (or) annex to the certificate is made in the following cases:

      1) identification of non-compliance with certification requirements or when establishing non-compliance of category 3;

      2) establishing the fact of unreliability or forgery of documents submitted by the applicant to obtain a certificate and (or) annex to the certificate, and (or) data (information) contained in them;

      3) non-compliance of the applicant and (or) submitted materials, objects, data and information necessary for issuing the certificate and (or) the annex to the certificate with the requirements established by these Rules;

      4) with respect to the applicant there is a court decision (sentence) that has entered into legal force prohibiting the activities of this type or certain types of activities that require a certificate and (or) annex to the certificate;

      5) the court on the basis of the recommendation of the bailiff temporarily prohibits the issuance of a certificate and (or) an annex to the certificate to the applicant.

Paragraph 2. Suspension and revocation of the certificate and (or) annex to the certificate

      20. The authorized body suspends the validity of the certificate and (or) the annex to the certificate in the following cases:

      1) non-compliance of the certificate holder with certification requirements;

      2) the refusal of the certificate holder or his obstruction in ensuring the possibility of certification examination;

      3) a written application by the certificate holder.

      21. In case of suspension of the certificate and (or) the annex to the certificate, the authorized body notifies in writing of the decision made by the certificate holder within three working days indicating the reasons.

      If the organization for maintenance and repair of AE does not eliminate the non-compliances and (or) irregularities resulting in the suspension of the certificate and / or the annex to the certificate within the time frame established by the corrective action plan, the authorized body withdraws the certificate and (or) the annex to the certificate. Upon revocation of the certificate and (or) annex to the certificate, the organization for maintenance and repair of AE returns, within three working days from the moment of receipt of the notification, the original certificate and (or) annex to the certificate to the authorized body.

      22. The renewal of the certificate and (or) the annex to the certificate, in case of suspension, is carried out after the organization for maintenance and repair of AE implements the corrective action plan within the time period established by the plan, with the supporting documentation attached.

      The organization’s implementation of the corrective action plan is established by the authorized body through a certification examination.

      23. The organization for maintenance and repair of AE is notified in writing by the authorized body of the decision to renew or refuse to renew the certificate and (or) the annex to the certificate within three working days from the date of completion of the certification examination.

Section 3. Termination of the certificate and (or) annex to the certificate

      24. The certificate and (or) the annex to the certificate expire in the following cases:

      1) the expiration of the period for which they are issued;

      2) certificate revocation;

      3) termination of activity or liquidation of a legal entity;

      4) the certificate holder’s appeal to the authorized body on the termination of the certificate.

      25. Upon termination of the certificate and (or) the annex to the certificate, the certificate holder returns the certificate and its annex to the authorized body within ten working days.

Paragraph 4. Change and addition to the certificate

      26. Changes and additions are made to the current certificate and (or) annex to the certificate by the authorized body on the basis of an application from the certificate holder in the following cases:

      1) changes in the data of the certificate holder (name, legal form, legal address);

      2) reorganization of the certificate holder;

      3) changes in the address of the location of the object without its physical movement.

      27. In order to make changes and (or) additions to the current certificate and (or) annex to the certificate, the certificate holder, within one month from the date of the decision making on changes and additions, sends an application to the authorized body on making changes and (or) additions to the certificate of the organization for maintenance and repair of state aviation equipment in accordance with Appendix 7 to these Rules, as well as copies of documents containing information on the changes that served as the basis for re-issuance of the certificate and (or) annex to the certificate.

      28. After receiving an application from the certificate holder, the authorized body makes changes to the current certificate and (or) the annex to the certificate after checking the submitted documents, no later than two working days.

      29. In the case of providing an incomplete package of documents, or providing documents that do not meet the established forms, the authorized body returns to the applicant the submitted documents indicating specific irregularities in the submitted documents.
30. A previously issued certificate and (or) annex to the certificate shall be returned to the authorized body.

Section 5. Issuance of a certificate and (or) annex to the certificate in case of loss, theft,
damage and issuance of a duplicate by the certificate holder

      31. In case of loss, theft or damage to the issued certificate and (or) the annex to the certificate, the certificate holder submits an application to the authorized body for issuance of a duplicate.
32. A duplicate of the certificate and (or) annex to the certificate is issued by the authorized body within three working days from the date of registration of the applicant’s appeal, where the mark “Duplicate” is made in the upper right corner.

  Appendix 1
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment
Form

Certificate of organization for maintenance and repair of state aviation equipment

Image of the State Emblem of the Republic of Kazakhstan

Name of authorized body, address, phone, e-mail, Internet address

Certificate of organization for maintenance and repair of state aviation equipment

№_______

Certificate Validity: from "___" ________20__ to "___" ________20__.

This certificate is issued

___________________________________________________________
(name of the organization for maintenance and repair of AE, business identification number (BIN), legal address, address of actual location)
__________ on the basis of the act of certificate examination dated "__"______20__.

It is certified that the holder of this certificate complies with the Certification requirements for organizations for maintenance and repair of state aviation equipment, approved by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated ______ No. ____, which relates to the scope specified in the appendix to this certificate, which is integral part of this certificate.
Validity of this certificate is one year.

Date and place of issue:

Surname, initials and signature:

Date of initial issue:

Position:

Stamp here

 

  Annex to the Certificate
of the organization for
maintenance and repair of state
aviation equipment

№_______

Image of the State Emblem of the Republic of Kazakhstan
Name of the authorized body, address, phone, e-mail, Internet address
Certificate Scope
№_______

Type of aviation equipment and their modifications

Types of works





Date and place of issue:

Surname, initials and signature:

Date of initial issue:

Position:

Stamp here

  Appendix 2
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

Application for a certificate of an organization for maintenance and repair
of state aviation equipment

      1. Name of organization for maintenance and repair of AE, business identification number (BIN)

      __________________________________________________________________________

      2. Place of registration of the organization and registration number (code)

      __________________________________________________________________________

      3. Location of the production base

      __________________________________________________________________________

      4. The mailing address of the organization for maintenance and repair of AE

      __________________________________________________________________________

      5. Communication details (telephone, telegraph, fax, e-mail, Internet address)

      __________________________________________________________________________

      6. Reason for applying (underline as appropriate):

      Initial application for a certificate of organization for maintenance and repair of AE;

      changing the types of activities of the organization for maintenance and repair of AE;

      changing the list of types of aviation equipment;

      certification for the next term;

      changing the basic data of the organization for maintenance and repair of AE;

      certification after revocation / cancellation of certificate of the organization for maintenance and repair of AE;

      other reasons (specify):

      __________________________________________________________________________

      7. Content of the application: I ask you to certify the organization for maintenance and repair of state aviation.

      8. Types of activities claimed for certification:

Type of aviation equipment

Type of works



      Stamp here ______________________________________________________

      Head of the organization for MR AE __________________________________

      Position (signature), surname, name, patronymic (if any)

  Appendix 3
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

List of documents attached to the application for obtaining a certificate of the organization
for maintenance and repair of state aviation equipment

      1. A copy of the charter of the organization for maintenance and repair of aviation equipment.

      2. A copy of the applicant’s financial statements for the last three financial years with a copy of the tax return attached. If the applicant has carried out activities for less than three years, information is provided for the period of the actual implementation of the activity.

      3. A certificate from the tax authority about the applicant’s tax clearance on obligatory payments to the budget, issued no later than 30 calendar days before the date of appeal.

      4. Quality management, quality plan, risk management plan and configuration management plan.

      5. The staffing of the organization for maintenance and repair of AE.

      6. Information about the management team of the organization for maintenance and repair of AE (the head of the organization and the representative of the quality management of work on maintenance and repair of AE):

      1) surname, name, patronymic (if any);

      2) the position held in the organization for maintenance and repair of AE;

      3) qualifications in the field of maintenance and repair of AE and copies of relevant education documents;

      4) experience in the field of maintenance and repair of AE.

      7. A copy of the document (act) confirming the completion of technological preparation for the execution of the work claimed for certification on a specific type of aviation equipment (during initial certification or when adding a new type of work or type of aviation equipment in the scope of the certificate).

  Appendix 4
to the Rules for certification
and issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

Certification Notice
dated "__" _________ № ____
_________________________________________________________________
(name of organization for maintenance and repair of AE)

      Having considered the submitted application dated

      "__" __________ № _____________ for certification ____________________________

      (name of the organization)

      We notify:

      1. The documents submitted by you meet (do not meet) the requirements established by regulatory legal acts of the authorized body (in case of non-compliance, the point of non-compliance is indicated)

      __________________________________________________________________________

      __________________________________________________________________________

      2. A certification examination will be conducted from

      _____________________ to ______________________

      The official of the authorized body

      or the person authorized by him

      __________________________________ Stamp here

      (signature, surname, name, patronymic (if any)

      "____" ___________ 20__ .

  Appendix 5
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

Act of certificate examination

      "___"_________20__ in the city of ____________ a certification examination of the organization for maintenance and repair of state aviation equipment was conducted

      ___________________________________

      _________________________________________________________________________

      (name of organization for maintenance and repair of AE)

      By the Commission consisting of ______________________________________________

      Actual condition: ___________________________________________________________

      Conclusion: _______________________________________________________________

      Recommendations: _________________________________________________________

      Text of conclusion: __________________________________________________________

      Chairman of the commission or the person replacing him: ___________________________

      __________________________________________________________________________

      (signature), surname, name, patronymic (if any)

      Commission: ______________________________________________________________

      (signature), surname, name, patronymic (if any)

      Familiarized with the Act:

      Head of the organization for MR AE ___________________________________________

      (signature), surname, name, patronymic (if any)

  Appendix 6
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

Corrective action plan

Point of certification requirement

Content of non-compliance

Period of elimination

Corrective action

Documents

Correction mark













Note: the gray column is designed for comments and response of the audited organization for MR AE.

A column for an official of an authorized body or a person authorized by him:
Adoption of the decision to close non-compliances.
:


Comments:


Signature:


Date:


Surname, first name, patronymic (if any):


 

  Appendix 7
to the Rules for certification and
issuance of a certificate to the
organization for maintenance and
repair of state aviation equipment

Application for amendments and (or) additions to the certificate of the organization for
maintenance and repair of state aviation equipment

      Please make changes and or addition to the Certificate

Applicant information

      1) name of applicant, information on state registration as a legal entity;

      2) indicate the number (s) of the Certificate, the date of issue, who issued the Certificate;

      3) indicate the full name of the type of activity;

      4) indicate the reason or reasons for making changes and (or) additions to the Certificate.

      List of attached documents:

      1) _______________________________________________________________________;

      2) _______________________________________________________________________;

      3) _______________________________________________________________________;

      4) _______________________________________________________________________.

      (name of documents and number of pages)*

      Stamp here ________________________________________________________________

      Head of the organization for MR AE ____________________________________________

      Position (signature), surname, name, patronymic (if any)

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