107
For violation of the established Code of Behaviour when travelling by domestic air lines of the Russian Federation , the passenger must incur liability pursuant pursuance to the requirements of the current Russian legislation , and when travelling by international airlines he is to incur liability pursuant pursuance to the requirements of international air law ( international conventions ) and the legislation of the country of destination or the country of intermediate stop , regardless of the country of registration or operation of the aircraft .
3 . Amenability of Passengers for breach of transport safety requirement
3.1 . Amenability of passengers for violation of requirements on observance of transport security on transport infrastructure facilities and means of transport is set by the Article 263.1 of the Penal Code of the Russian Federation and by the Article 11.15.1 of the Code of the Russian Federation on Administrative Infractions .
3.2 . To ensure the safety of passengers and crew members of the aircraft under the Article 107 of the Air Code of the Russian Federation , the airline ( carrier ) is entitled unilaterally to terminate the air transport service agreement with a passenger in the following cases :
1 ) if the state of health of a passenger of the aircraft requires special conditions of air transportation or threatens the safety of this passenger or other persons , as evidenced by medical documents , as well as creates disorder and irreparable inconvenience for other persons ;
2 ) violation by the passenger of the aircraft of the Code of Behaviour aboard the aircraft , threatening the safety of the aircraft flight or the life and health of other persons , as well as non-fulfillment by the passenger of the aircraft of the orders given by the aircraft commander , presented pursuant pursuance to the Article 58 of the Air Code of the Russian Federation ;
3 ) presence in the belongings which are at the passenger ’ s cabin baggage , and also in his baggage , air cargo of the objects or substances forbidden to air transportation .
3.3 . According to the provisions of the Article 58 of the Air Code of the Russian Federation the aircraft commander is entitled to the following :
1 ) in order to ensure flight safety , to give orders to any person aboard the aircraft and demand their execution ;
2 ) to apply all the necessary measures , including coercive measures , against the persons who , by their actions , pose an immediate threat to the security of the flight and refuse to obey the orders of the aircraft commander ;
3 ) upon arrival of the aircraft at the nearest airport to expel such persons from the aircraft , and in the case of an act containing essential elements of offence , to transfer them to law enforcement agencies .
3.4 . In accordance with the Convention “ On Offences and certain other acts committed aboard an aircraft ( Tokyo , 1963 ) and the established practice of its application in the international civil aviation , any crew member is entitled to :
1 ) take reasonable preventive measures without permission of the aircraft commander , if there are sufficient grounds to believe that such measures should be taken immediately to ensure the security of the aircraft or the persons and property aboard ;
2 ) stop serving alcoholic beverages to passengers who are in a state of alcohol intoxication , and any other intoxication ;
3 ) confiscate from passengers for the time of the flight ( with subsequent return at the end of the flight ) their alcoholic beverages , including those purchased in duty-free shops and aboard the aircraft .
In case of termination on the initiative of the airline ( carrier ) of the air transportation service agreement due to the violation by the passenger of subparagraph 2 of Clause 3.2 of this Code of Behaviour , the amount of money paid for air transportation service shall not be returned to the passenger of the aircraft .
The rights granted to the commander ( crew members ) of the aircraft specified in Clauses 3.2 — 3.4 shall be exercised by means of the following :
delivery to the passenger of the “ Regulation on the essentiality to stop the violation of the Code of Behaviour aboard the aircraft ”, if the parol requirement of the aircraft commander ( crew member ) has not been fulfilled ;
making out an “ Act of violation of the Code of Behaviour aboard The Aircraft ”, if the aircraft commander decided to expel the passenger from the aircraft and to transfer him to law enforcement agencies . One copy of the act in this case is to be transferred to law enforcement agencies , the second is to be applied to the flight task , and the third is to be handed to the passenger .
4 . Disclaimer of The Passenger to Conclude the Air Transportation Services Agreement
4.1 . The airline carrier or a person authorized by the airline carrier to conclude the air transportation services agreement with the passenger is entitled to refuse to conclude such agreement , if the passenger is included by this airline carrier in the register of persons , air transportation services for whom are restricted , pursuant pursuance to the Article 107.1 of the Air Code of the Russian Federation . The term of such restriction shall not exceed one year from the date of entry into force of the act under which the passenger was included in the register of persons for whom air transportation services were restricted .
4.2 . The decision on entering the register of persons whose air transportation services are restricted by the airline carrier is to be made by the head-officer or by the person executing the duties of the headofficer of the airline carrier under the res judicata regulation on the imposition of administrative punishment to the person for commission of the administrative infraction specified in the Part 6 of the Article 11.17 of the Code of the Russian Federation on Administrative Infractions which copy is to be transmitted to the airline carrier aboard of which aircraft the specified administrative infraction was committed , pursuant pursuance to the Part 6 of the Article 29.11 of the Code Of the Russian Federation on Administrative Infractions , or pursuant pursuance to the entered into legal force the sentence of court or the accusatory appeal sentence on recognition of the person guilty of commission aboard the aircraft of the crime specified in the Clause “ C ” of the Part 1 of the Article 213 or in the Article 267.1 of the Penal Code of the Russian Federation . Such a decision shall be made within a period not exceeding thirty days from the date of receipt by the airline carrier of the regulation specified in this Clause or from the date of placement in the informational and telecommunications network “ The Internet ” of the court sentence or of the accusatory appeal sentence specified in this Clause .