ST 271 of the Criminal Code of the Russian Federation.
Failure to comply with the routes, landing sites, air gates, flight altitudes specified in the permit, or other violation of the rules of international flights, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by arrest for a term of up to six months. with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Commentary to Art. 271 Criminal Code
1. The subject of the crime is any manned aircraft (aircraft), regardless of their type or nationality.
2. The objective side of the crime is expressed in the form of action or inaction. The flight of an aircraft in the airspace of more than one state (associated with crossing the State border of the Russian Federation) is recognized as international. The article provides a non-exhaustive list of violations of international flight rules. Violation of these rules must create a real threat to the safety of international air traffic.
3. The crime is considered completed from the moment of violation of these rules, regardless of the occurrence of socially dangerous consequences.
4. The subjective side of a crime can be characterized by both intent and negligence.
5. Special subject: a person who has reached the age of 16 and is responsible for compliance with the rules of international flights (crew commander, other persons piloting aircraft, air traffic controllers, etc.).
6. Forced violation of the rules of international flights (due to technical malfunctions, unfavorable weather conditions, etc.) does not constitute a crime under Art. 271 CC.
Penalties for violations
The court chooses the following types of punishment:
- fine of up to 200,000 rubles. or salary for one and a half years;
- arrest for six months with a ban on holding certain types of positions or carrying out certain types of activities for 3 years (the latter sanction is considered optional and is applied at the discretion of the judge).
The punishment is chosen by the court after considering all the circumstances of the incident and taking into account aggravating and mitigating factors.
Second commentary to Art. 271 of the Criminal Code of the Russian Federation
1. According to the Air Code of the Russian Federation, the flight of an aircraft in the airspace of more than one state is recognized as international.
The law provides only an approximate list of the most typical ways of violating the rules of international flights. To correctly resolve the issue of the presence in the actions of the violator of a crime under Art. 271, it is necessary to refer to the regulations establishing these rules. The crime is considered completed from the moment of violation of international flight rules.
2. The subjective side is characterized by an intentional form of guilt.
3. The subject of the crime is the aircraft crew members responsible for compliance with the rules of international flights.
Commentary on Article 271
1. An international flight is an aircraft flight that crosses the air border of Russia with another state. Such a flight must meet a number of requirements established for the purposes of air traffic safety, state and military security (determination of the route, flight altitude, air gates, landing sites, alarm systems, etc.).
2. The rules for international flights are established by legislation (Law of the Russian Federation “On the State Border of the Russian Federation”, 1993), as well as departmental acts and international agreements. The rules and conditions for an international flight arising from the above documents must be known to persons making the flight. Regarding facts of violation of these rules and flight conditions, documentary data must be provided to the investigation and the court; If necessary, an examination is carried out.
3. A forced violation of the rules of international flight (for example, landing a balloon in an unapproved place due to an accident) excludes the responsibility of the pilot (a state of extreme necessity).
4. The subject of the crime can be both Russian and foreign citizens; air transport workers and individuals.
5. The subjective side of the crime is characterized by intent (both direct and indirect). In case of violation of international flight rules through negligence, administrative or disciplinary liability occurs.
Scientific and practical commentary:
1. The object of the crime is the regime of Russian airspace regulated by legal norms, the inviolability of the state borders of the Russian Federation.
An optional object for violating the rules of international flights may be the safety of air transport. 2. The objective side of the crime is characterized by non-compliance with the routes, landing sites, air gates, flight altitudes specified in the permit, or other violation of the rules of international flights. According to the Air Code of the Russian Federation, the flight of an aircraft in the airspace of more than one state is recognized as international. International flights in the airspace of the Russian Federation are carried out in accordance with its legislation, generally accepted principles and norms of international law and international treaties of the Russian Federation. Russian civil aircraft carry out international flights under permits issued in accordance with the established procedure. Flights of foreign aircraft in Russian airspace are permitted on the basis and in accordance with the terms of international treaties and special permits for one-time flights. Before the start of such a flight, the operator must inform the specially authorized body in the field of civil aviation the identification marks of the foreign aircraft. In addition, he is obliged to provide information about insurance or other liability coverage for damage to third parties and aircraft. Ship's documents available on board civil aircraft of foreign states are recognized as valid on the territory of the Russian Federation if they comply with international aviation standards recognized by Russia. When landing on the territory of the Russian Federation, foreign aircraft may be subject to inspection and verification of ship documents. In cases where there is no documentation required for international flights or there are grounds to consider the vessel to be faulty, the specially authorized body in the field of civil aviation may suspend its dispatch. Aircraft arriving in the Russian Federation, departing from Russia or transiting with landing on the territory of the Russian Federation, their crews and passengers, as well as property, luggage, cargo and mail imported into and exported from the country are subject to passport, customs and other rules established in accordance with Russian legislation. In order to ensure the safety of passengers and crew members, the Air Code of the Russian Federation provides for mandatory pre-flight inspection. When performing international flights of aircraft, it is carried out after border, customs, sanitary and quarantine, immigration, veterinary, phytosanitary and other control. International flights are divided into: a) regular, scheduled, and additional to the schedule; b) special; c) charter (custom); d) episodic (one-time). In accordance with the principle of state sovereignty over airspace, each state has the right to independently establish flight rules for any aircraft located within its territory. This is a generally accepted norm, confirmed by international agreements and enshrined in the laws of many countries. At the same time, the development of civil aviation and the increase in flight intensity have led to the need to develop and implement uniform standards relating to international flights. Such rules were developed by the International Civil Aviation Organization (ICAO) and are presented in the form of international standards (Annex 2 to the Convention on International Civil Aviation (Chicago, 1944)). Russia is obliged to apply international standards acceptable and consistent with its interests on its territory. It should be borne in mind that the law provides only an approximate list of the most typical ways of violating the rules of international flights. To correctly resolve the issue of the presence in the actions of the violator of a crime under Art. 271, it is necessary to refer to the regulations establishing these rules. The crime has a formal structure and is considered completed from the moment of violation of the rules of international flights. 3. An aircraft that has crossed the State Border of Russia without the appropriate permission from the competent authorities or has committed another violation of the rules for flying across the State Border of the Russian Federation and the procedure for using its airspace is recognized as an intruder and is forced to land if it does not comply with the requirements of the flight control authorities. The offending vessel, having received an order to land, must land at the place indicated to it. After landing and the reasons for the violation have been clarified, permission to continue the flight is issued in the prescribed manner by the air traffic control authority. 4. The subjective side of the crime is characterized by an intentional form of guilt. 5. The subject of the crime is the aircraft crew members responsible for compliance with the rules of international flights, both a Russian citizen and a foreign citizen and stateless person. Passengers on board an aircraft that has violated international flight rules cannot be held responsible for this crime. Under certain conditions, their actions in this case may constitute a crime under Art. 322 CC. 6. Violation of the rules of international flights may be associated with the commission of other crimes: hijacking of an aircraft (Article 211 of the Criminal Code), smuggling (Article 188 of the Criminal Code), etc. In this case, there is a combination of crimes.
Third commentary to Article 271 of the Criminal Code of the Russian Federation
1. The direct object of the crime in question is relations affecting the safety of international flights. The disposition is blanket in nature and requires knowledge of special regulations. An international flight is considered to be an aircraft flight that occurs in the airspace of more than one state. Aircraft means a manned airplane, helicopter, airship, etc. The type of air transport, as well as its affiliation with any state, do not affect qualifications. The rules of international flights recognize the rules for using the airspace of a particular state. The rules for international flights over the territory of the Russian Federation are regulated not only by national regulatory legal acts, in particular, by the Law of the Russian Federation of April 1, 1993 N 4730-1 “On the State Border of the Russian Federation” (as amended on June 25, 2012), and by the Air Code of the Russian Federation of March 19, 1997, etc., but also some provisions of international law.
2. From the objective side, the crime in question is expressed in the failure by the pilot-in-command and his crew during an international flight to comply with the routes, landing sites, air gates, flight altitudes specified in the permit, or other violation of the rules of international flights. In particular, in Art. 6 of the Convention on International Civil Aviation of December 7, 1944 states that no scheduled international air services may be operated over or on the territory of a contracting state except with the special permission or other sanction of that state and in accordance with the terms of such permission or sanctions. In Art. Article 9 of this Convention also provides that each state has the right, for reasons of military necessity or public safety, to restrict or prohibit the flights of aircraft of other states over certain areas of its territory, provided that in this regard no distinction is made between aircraft engaged in scheduled international air services. ships of a given state and aircraft of other states engaged in similar communications. Such exclusion zones should be of reasonable size and location so as not to unnecessarily impede air navigation. In the Russian Federation, such sections of air routes for international flights are determined by Order of the Ministry of Transport of the Russian Federation dated July 9, 2007 N 90 “On approval of the Federal Aviation Rules “Requirements for flight crew members of civil aviation aircraft of the Russian Federation in preparation for international flights.” This crime is considered completed from the moment of violation of these Rules.
3. From the subjective side, the crime in question can be committed either with an intentional form of guilt or through negligence. The motive and purpose do not affect qualifications, but can be taken into account when assigning punishment.
4. The subject of the crime may be a sane individual who has reached the age of 16 and is responsible for compliance with the rules of international flights. In particular, these are ship commanders, other persons piloting the aircraft, crew members, and air traffic controllers. This may be a citizen of Russia, a foreign country, or a stateless person. The responsibility of the crew is excluded if it acts under duress (for example, in the event of a plane being hijacked by terrorists, according to Article 40 of the Criminal Code). Criminal liability for violation of international flight rules is also excluded if they were forced, which is possible, for example, due to a natural disaster, technical problems, poor visibility, or various interference of natural or artificial origin. However, even in these cases, the ship, if technically possible, must give a distress signal, land at the indicated place, and fulfill other requirements; otherwise, violations of international flight rules may be recognized.
5. Violation of the rules of international flights may be associated with other crimes: smuggling (Article 229.1 of the Criminal Code), terrorist act (Article 205 of the Criminal Code), hostage-taking (Article 206 of the Criminal Code), hijacking of an aircraft (Article 211 of the Criminal Code), sabotage (Article 281 of the Criminal Code), etc.
In this case, violation of international flight rules is classified as a whole. If the violation of the rules of international flights with the aim of committing such crimes was stopped, it seems that what was done forms the totality of a completed crime, classified under the article in question, and preparation for another crime. Violation of aircraft flight rules on domestic routes, if there are appropriate grounds, must be qualified under Art. 263 CC. ‹ Article 270. Failure by the captain of the ship to provide assistance to those in distressUp Article 271.1. Violation of the rules for using the airspace of the Russian Federation ›
What legislation establishes the rules for international flights?
Flights in the airspace of the Russian Federation are carried out taking into account the current legislative acts:
- Air Code of the Russian Federation (this is the main source of law regulating relations in the field of use of the airspace of the Russian Federation and activities in the field of aviation);
- Law on State border of the Russian Federation (includes rules for its maintenance and crossing by citizens and vehicles);
- Decree of the Government of the Russian Federation No. 138 of March 11, 2010 (establishes the rules for the use of the airspace of the Russian Federation);
- Collections of aeronautical information of the Russian Federation (contain information of a permanent or temporary nature regarding airfields, air routes, etc.);
- international treaties concluded by the Russian Federation with other countries (establish the procedure for the use of airspace on the borders of Russia with other states);
- generally accepted norms and principles of international law in this area (ICAO, etc.).
All of the above regulatory and legal acts have as their main goal ensuring the safety of the passage of airspace by airplanes and other aircraft.
In contrast to the norms specified in Art. 263 of the Criminal Code of the Russian Federation, they are responsible specifically for international flights. When retreating from them, major disasters may occur, entailing a large number of victims.
Attention! Flight rules in the airspace of foreign countries are established by the laws of these countries.
