injuries to passengers during the take-off, flight, and landing, as well as damages caused by injuries to property or persons not carried by aircraft, unless it is proved that the injury occurred as a consequence of the intent or gross negligence of the injured person himself.

Sec. 79. The air carrier shall be liable for damages caused to cargo and luggage from the time of their receipt for shipping until their delivery to the consignee. Such liability shall extend as follows:

(a) for loss of cargo or luggage received for shipping with value declared to the amount of the declared value, but not to exceed the actual cost;

(b) for loss of cargo received for shipping without declared value to the amount of the actual cost;

(c) for loss of luggage received for shipping without declared value to the extent of rates established by the Main Administration for Civil Aviation with the approval of the Council of People's Commissars 16 of the U.S.S.R.;

(d) for damage to luggage and cargo to the amount by which its value has decreased.

Sec. 80. An air carrier shall be relieved of liability for loss or damage to cargo or luggage if it proves that loss or damage occurred:

(a) due to intent or negligence on the part of the consignor or consignee, particularly when due to the non-compliance of the consignor with the special conditions of transportation established by the Main Administrator for Civil Aviation or with the rules prohibiting the transportation of these or other articles; (b) due to force majeure if the loss or damage occurred while not in flight;

(c) due to the specific nature of the transported goods because of which breakage, rust, internal spoilage, etc. ensued;

(d) due to transportation of the cargo or luggage without the necessary packing or under unsatisfactory packing conditions; (e) due to natural loss of the cargo within the standard limits established by the Main Administration of Civil Aviation and approved by the Council of Labor and Defense.

Sec. 81. If the institution, enterprise, organization or person operating a civil aircraft did not take measures to avert the damage its liability may, according to the circumstances of the case, be decreased in case of intent or gross negligence of the person injured.

Sec. 82. The air carrier shall not be liable for the hand luggage of a passenger which was not delivered for luggage safekeeping.

Sec. 83. For destruction, damage or untimely delivery of mail the air carrier shall be responsible to the People's Commissariat of Communications within the limits of the liability of the latter to the sender.

Sec. 84. The air carrier shall be liable for the timely delivery of the shipped cargo according to the rules established by the Main Administration of Civil Aviation.

Sec. 85. Any agreements of the air carrier with the passengers or owners of the cargo having for their purpose a change for one party or another of the liability provided for by this Code and the rules

16 Since 1946 Council of Ministers.

17 Since 1946 Ministry of Communications.

issued in its implemention by the Main Administration of Civil Aviation shall be null and void.

Sec. 86. Passengers, owners of cargo or other persons must report to the institution, enterprise, organization or person operating a civil aircraft all damage caused by their failure to observe the provisions of this Code, and of the rules issued in its implementation.

Sec. 87. Any institution, enterprise, organization or person operating a civil aircraft which rendered assistance in salvaging property which had been in danger shall have the right to receive appropriate compensation from the owner of such property.

Sec. 88. Declarations of claims arising from air carriage shall be submitted to the administrative office of the air carrier. If the carriage by air was performed by several air carriers the declaration shall be submitted to the administrative office of the air carrier of the place of departure or destination, at the option of the person declaring the claim. After a claim has been declared to one of the air carriers, the filing of claims with the other shall not be permitted.

Rules concerning the procedure of filing and hearing of claims shall be issued by the Main Administration of Civil Aviation.

Sec. 89. Claims against an air carrier arising from the air carriage contract may be filed during a six month term; claims arising from mixed air-railway carriage and air-water carriage, during one year. During the same terms the air carrier may file its demands against the consignors, consignees or passengers for the reparation of damages (Sec. 86).

The above-mentioned terms shall run:

(a) for demands of compensation for damage or partial loss of the cargo or luggage-from the day of their delivery:

(b) for demands of compensation for complete loss of cargo or luggage, as well as for their belated delivery-from the day of the expiration of the specified term for delivery;

(c) for all other demands-from the day the event occurred which forms the basis of the claim.

Sec. 90. The air carrier must consider the claim filed and inform the claimant within two months of the granting or rejection of the claim, but with respect to claims arising from mixed shipping by air and rail or by air and water it must do so within six months.

If the claim is rejected or remains unanswered, the claimant shall have the right, within two months from the day when the answer of the air carrier was received or from the day when the term established for filing the answer to the claim has run out, to file suit in court against it.

Sec. 91. Rules concerning the liability for damage caused to another aircraft by an aircraft during flight shall be issued by the Main Administration for Civil Aviation.

Sec. 92. Suits shall be filed with the courts of the place where the defendant is located or with the State arbitration agencies (according to jurisdiction and venue).

CHAPTER X-FINES WHICH ARE IMPOSED IN ADMINISTRATIVE ACTIONS BY AGENCIES FOR CIVIL AVIATION

Sec. 93. The Main Administration for Civil Aviation shall issue rules applicable to all citizens concerning the protection of the order and safety of air conveyances and concerning the protection of the property of the civil air fleet, as well as sanitary and fire prevention rules, and shall establish fines which shall be imposed in administrative action for the violation of these rules.

The maximum amount of the fine for a violation of these rules shall be indicated in the same rules, but cannot exceed 500 rubles. Sec. 94. Fines shall be imposed:

(a) up to 100 rubles-by heads of airports, hydro-airports and ports for free balloons;

(b) up to 200 rubles-by heads of air lines;

(c) up to 300 rubles-by heads of territorial administrations and the Head of the Main Inspection for Civil Aviation;

(d) up to 500 rubles-by the Head of the Main Administration for Civil Aviation and the Head of the Main Administration of the North Sea Route (depending on jurisdiction).

Sec. 95. For violation of rules of international flights in cases where there is no reason for prosecuting the violators before a criminal court, the Head of the Main Administration for Civil Aviation shall have the right to impose upon the violator in administrative action a fine of up to 3,000 rubles.

Sec. 96. The order imposing the fine shall be reduced to writing and a copy thereof shall be handed to the violator.

The order imposing the fine may be appealed to a higher agency of Civil Aviation within a period of 20 days from the day of its

announcement.

The orders of the Head of the Main Administration for Civil Aviation and the Head of the Main Administration of the North Sea Route concerning imposition of a fine and their decisions on appeals against the imposition of fines shall be final.

The lodging of an appeal shall not stop the exaction of the fine.

APPENDIX TO THE U.S.S.R. AIR CODE

DESCRIPTION OF THE U.S.S.R. CIVIL AVIATION AND THE CIVIL AIR NAVIGATION FLAG

Red (or scarlet) flag, rectangular, dimensions 150 x 75 cm. In the center of the rectangle a blue isosceles triangle with its base at the staff; dimensions of the triangle: base 40 cm. and height 85 cm.

In the upper part of the triangle at a distance of 10 cm. from the staff and 2 cm. from the edge there is a gold five-pointed star 8 cm. in diameter.

On the blue triangle at a distance of 5 cm. from the staff there is on the background of a gold sickle and hammer the emblem of aviation and air navigation-silver wings. The wing span is 35 cm., the diameter of the sickle and hammer, 15 cm.

YUGOSLAVIA

LAW No. 392 OF JUNE 1, 1949, No. 47, 1949 1

In accordance with Article 1 of the Law on the Delegation of Powers to the Government of the F.P.R.Y. to issue regulations regarding the national economy, and at the proposal of the Minister of Transportation of the F.P.R.Y., the Government of the F.P.R.Y. issues the following

Art. 1

DECREE ON AIR NAVIGATION, [AS AMENDED] 2

I. GENERAL PROVISIONS

The operation of aircraft in the airspace of the F.P.R.Y., their takeoff and landing on the territory of the F.P.R.Y. shall be subject to the provisions of the present Decree and regulations issued in accordance therewith.

Any contrivance, used or intended for flying or air navigation shall be considered as an aircraft.

Art. 2

Aircraft shall be either official or civil.

Aircraft belonging to the Armed Forces, Customs Authorities and the State Security shall be considered official aircraft.

Those [aircraft] intended for air traffic, sanitary services, sports or belonging to associations and organizations and all others not belonging to the official [category], shall be considered civil aircraft. The provisions of the present decree shall not apply to official aircraft unless otherwise provided for.

Art. 3

Civil aircraft may fly over the territory of the F.P.R.Y., take off and land only with the permission of the Ministry of Transportation of the F.P.R.Y., Aeronautics Administration, and in accordance with the provisions of these rules.

Foreign aircraft may fly over the territory of the F.P.R.Y., take off and land only when authorized on the basis of an international agreement or when they obtain a special permit from the Ministry of Foreign Affairs of the F.P.R.Y. and provided they abide by the provisions of the present Decree and rules governing air navigation and the traffic of passengers and goods.

1 Uredba O Zračnoj plovidbi, Br. 392 od. 1. juna 1949. Službeni List Federativne Narodne Republike Jugoslavije, Br. 47, 1949 (Decree on Air Navigation, Law No. 392 of June 1, 1949. Official Gazette of the Federal People's Republic of Yugoslavia [hereinafter re ferred to as F.P.R.Y.], No. 47, 1949).

2 Art. 12, Decree No. 534 of December 12, 1951, Bringing Into Conformity With the Provisions of the Basic Law on Petty Offenses [other] Special Provisions on Petty Offenses in Decrees and Other Regulations. [Issued by the Government of the F.P.R.Y., and its Agencies. (Sl. L. No. 56, 1951.)

Art. 4

Aircraft shall be forbidden to transport, without a special permit, any kind of arms, ammunition, explosives, poisonous gases, acids, inflammables and articles and equipment which could be dangerous to the security of the state.

Art. 5

All civil aircraft must be registered and equipped with visible marks of registration and nationality. For every flight they must have the required documents.

The flight personnel in civil aircraft must have a valid working permit issued by the competent agency of the state in which the aircraft is registered.

All aircraft must have a commander [leader]. If the commander [leader] is not specifically designated, then the first pilot shall be considered as such.

Art. 6

Civil aircraft of the F.P.R.Y. and all foreign aircraft may fly in the air space of the F.P.R.Y. only in the prescribed air corridors. Gliding aircrafts of the F.P.R.Y. are excepted.

Flying over prohibited zones shall be forbidden.

The entrance or exit of domestic and foreign aircraft into or from the airspace of the F.P.R.Y. may be made only along an established border air corridor.

Foreign aircraft entering the F.P.R.Y. are required to establish radio contact with the nearest airport of the F.P.R.Y. as soon as they enter the prescribed air corridor. They shall also be required, during their flight on their designated route, to enter into contact with any airport which they pass over.

Art. 7

The take off and landing of civil aircraft shall be permitted only at airports and airfields.

Foreign aircraft coming from abroad may land on public customs airports only, and may take off only from these in order to fly abroad.

Art. 8

II. CIVIL AIRCRAFT

Civil aircraft and equipment in the F.P.R.Y., as a rule, shall belong to the State or to governmental economic enterprises.

Societies, organizations and other legal entities and individuals may operate and use civil aircraft and flying equipment only with the permission of the Ministry of Transportation of the F.P.R.Y.

Art. 9

Civil aircraft of the F.P.R.Y. shall not be used for flying unless it is recorded in the registery kept by the Ministry of Transportation of the F.P.R.Y., Aeronautics Administration.

An aircraft may be registered only in one place at a time.

Art. 10

Before registration, an aircraft must be inspected by an expert commission, which shall establish its airworthiness.

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