A new edition of the Code of Administrative Offenses (Code of Administrative Offenses) is currently under consideration, i.e. a document regulating, among other things, penalties for the illegal use of drones. The introduction of the new KoAP is planned at the beginning of 2021. Let's look at the fact that the new KoAP is being prepared for unmanned pilots. To begin with, we draw a correspondence between the heads of the Code of Administrative Aviation, which are interesting for UAV pilots. At the end of the article a brief conclusion.Consider each article in detail.Article 20.4. (former 11.4.) Violation of the rules for the use of airspace and air traffic management
Article text20.4.
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The text “if this action does not contain a criminal offense” was removed from the description of the offenses. The amount of fines remained the same.Item 1. Violation by the user of the airspace of the federal rules of the IVP:- citizens - 20-50 tr .;
- officials - 100-150 tr .;
- IP - 150-200 tr or administrative prohibition of activities up to 30 days;
- legal entities - 250-300 tr or administrative prohibition of activities up to 30 days.
For legal entities “Administrative suspension of activity” up to 90 days they plan to replace with “administrative prohibition of activity” up to 30 days. 30 days due to a maximum period of administrative ban. “Administrative prohibition” is defined in article 3.28 of the new Code of Administrative Offenses .Serious change of the item - a fine was added to individual entrepreneurs.Paragraph 2. Violation of the rules of the IWP by persons who are not vested with the right to carry out IWP activities- citizens - 30-50 TR
- officials - 50-100 tr
- IP - 70-150 tr or administrative prohibition of activities up to 30 days
- legal entities - 300-500 tr or administrative prohibition of activities up to 30 days
Again, a fine was added to individual entrepreneurs.These two points, apparently, are distinguished by which aircraft is used in violation of the law. In some cases, it is necessary to have the right to run a ship on an IWP (DSS heavier than 30 kg, airplanes, helicopters), in some not (drones lighter than 30 kg).Here the principle of the formation of the amount of the fine is not clear. Officials and individual entrepreneurs pay fines more for violations of the rules of IVP (i.e., clause 1 of article 20.4), and citizens and legal entities for violations of rules of IVP being not entitled to carry out activities on IVP (clause 2 of article 20.4).Article 20.5. (former 11.5.) Violation of safety rules for aircraft operation
This article significantly (from several to several tens of times) increased fines regarding the current Administrative Code. The text has also changed.Article text20.5.
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Paragraph 1. Violation of the procedure for admitting to flying aircraft or the rules for the preparation and execution of flights established in accordance with the legislation of the Russian Federation if these actions pose a threat to harm to human life or healthOne of the most significant changes in the Code of Administrative Offenses is if only cases were previously mentioned in the article harm to health , now this includes the threat of harm to life or health . Serious fines:- citizens - 20-30 tr
- officials - 50-100 tr
- IP - 100-300 tr
- legal entities - 300-500 tr
As previously mentioned IP. How the threat of harm to life and health will be determined is not clear, there are no clear criteria. Subjectively, for example, a flight in a dangerous proximity (where does a dangerous proximity begin?) From a person can end for a citizen with a fine of up to 30 tr.Paragraph 2. The same actions that, through negligence, entailed inflicting light or moderate damage to the health of the victim.Significant increase in fines:- citizens - 30-50 TR (now up to 2.5 tr)
- officials - 100-200 TR (now up to 20 tr)
- IP - 200-300 tr
- legal entities - 400-500 tr (now up to 100 tr)
Traditionally referred to as IP.Paragraph 3. Take-off on an aircraft ... as well as the control of the aircraft ... which has not undergone state registration, or has not been registered with the state, or that does not have state and registration identification marks or an registration identification mark, or that has obviously false state and registration identification marks or knowingly false registration identification markIf the BVS located in the air is not registered or does not have a registration number or a false number, then the pilot will have to pay a fine. The size of the fine is 10-20 tr. In the current Administrative Code, a fine of up to 2.5 tr.Paragraph 6. Admission to the flight of an aircraft ...The point most likely does not apply to BVS pilots - amateurs, apparently, it is about organizations. For the pilot control authorities (ATM, authorities, the administration of a settlement) are engaged in admission. It is unlikely that a citizen can engage in admitting himself. Nevertheless, it is worth noting that the fine for “admission to control the aircraft ... by a person ... who is intoxicated:- citizens - 30-50t.r.
- officials - 100-150 tr
- IP - 150-200 tr
- legal entities - 200-300t.r.
Article 39.21. Unauthorized use of unmanned aerial vehicles over certain territories
Article text39.21.
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New article in the Code of Administrative Offenses. Introduces fines for flights over areas over which drones were previously allowed to shoot .- — ( , 2 5) .. 10 ..
- — 25-50 ..
- — 50-70 ..
- — 100-200 ..
Confiscation of BVS is also a novelty in the Code of Administrative Offenses. Previously, such punishment was not applied. According to the article, in addition to being shot down above those specified in the Law on Preventing the Use of Unmanned Aerial Vehicles for Unlawful Purposes, it will also be possible to get a fine and / or confiscation of military equipment.Unfortunately, it is not indicated how to avoid getting into such restricted areas, maps with “places of investigative measures”, “places of public events”, “facilities for communications”, etc. as it was not so. Taking into account the fact that according to the Decree of the Government of the Russian Federation of 03.02.2020 No. 74, in some cases it is possible to fly without obtaining permission from the IWP and the permission of local authorities, flying to a certain extent will have to be “good luck”.An analysis of the articles of the current Administrative Code regarding UAV flights can be found here .Conclusion
As a result, we have:- The Administrative Code introduced significant fines for entrepreneurs .
- A significant fine has been introduced for the threat of harm to human life and health.
- The fines in paragraph 20.5 Violation of safety rules for aircraft operation have been seriously increased .
- For flights over the territories specified in the Law on the Prevention of the Use of Unmanned Aerial Vehicles for Unlawful Purposes, significant fines and / or confiscation of military equipment have been introduced .