The Legal Framework of Airspace Management
Airspace is part of state sovereignty, and its use is a strictly regulated field. Georgian aviation legislation determines who may fly in the country's airspace, in whose interests and under which rules, who provides air navigation services, and how the structure of the airspace is formed. This page explains the Aviation Code articles on the use of airspace, air navigation services, the structure and design of airspace, and flight priorities.
The Right to Use Georgian Airspace and Its Conditions
Under article 10 of the Code, any aircraft has the right to use Georgian airspace, in both international and local flights, in accordance with a bilateral or multilateral agreement concluded with the Georgian state. A carrier registered in Georgia and an aircraft registered in the State Registry of Civil Aircraft of Georgia use the airspace during local flights in accordance with Georgian legislation. Where the use of airspace is connected with rocket-artillery fire, blasting operations or other similar activities, it is permitted only on condition that the flight safety of aircraft is ensured. The rules for the safe conduct of such operations are developed by the Ministry of Defence together with the Agency and are approved by the Government of Georgia.
Air Navigation Services and Their Provision
Air navigation services comprise the organisation of air traffic — air traffic services, airspace organisation and air traffic flow organisation — as well as aviation communication, navigation and radiolocation services, meteorological services, aeronautical information services, and search and rescue services. They are provided in Georgian airspace, over the high seas where Georgia ensures air traffic services, and at civil aerodromes by an enterprise certified by the Agency; the certification procedure is approved by normative act, and the Agency likewise designates the provider, which operates in compliance with Georgian legislation, the ICAO Regional Air Navigation Plan and the General Plan for the unified European sky.
The Structure and Design of Airspace
The structure of Georgian airspace comprises air routes, local air lines, direct routes, permanent routes flown outside the boundaries of local air lines and air routes, cross-border air corridors crossing the state border, aerodrome districts, aerodrome hubs, ranges and pilotage areas, as well as restricted, hazardous and prohibited flight areas. This structure is approved by the Government, and information about it is included in aeronautical information publications and reflected on aeronautical charts. The structure is formed by the Agency in agreement with the Ministry of Defence. Other interested bodies may submit amendment proposals, which must be coordinated with the affected state bodies and military services. Disagreements are examined by a conciliation commission created under the Government for each case, with the interested parties participating; failing agreement, the courts decide. Material costs connected with changes are reimbursed by the interested bodies and organisations.
The design function likewise rests with the certified air navigation services enterprise: it designs the routes for air traffic services, minimum flight altitudes and other elements important for the safe servicing of air traffic. The rules for the structure and design of airspace — which also determine the classification of Georgian airspace — are developed by the Agency and approved by the Government by normative act.
Flight Priorities and the Flexible Use of Airspace
Planning and coordination of airspace use follow an established order of priority. First come flights performed for combat and operational tasks in order to protect the state interests of Georgia; second, flights and other aviation work performed during natural disasters, catastrophes, accidents and emergency situations when the life and health of people are at risk; then follow special flights, scheduled flights under international treaties, ordinary scheduled flights, test and experimental flights, non-scheduled carriage and other aviation work, training and instructional flights, demonstration and sporting events, and finally the personal needs of the population — ten successive groups in all.
Airspace management applies the concept of flexible use of airspace — a model developed by the European Organisation for the Safety of Air Navigation and operating in the member states of the European Civil Aviation Conference. Its implementation runs through a joint civil-military committee of the civil and state aviation regulatory bodies and an airspace organisation group, with close coordination at the strategic, pre-tactical and tactical levels. The rules for the flexible use of airspace are likewise developed by the Ministry of Defence and the Agency and approved by the Government.
Frequently Asked Questions
Who may fly in Georgian airspace?
Any aircraft, on international or local flights, may use Georgian airspace in accordance with a bilateral or multilateral agreement concluded with the Georgian state, while carriers and aircraft registered in Georgia use the airspace on local flights in accordance with Georgian legislation.
What do air navigation services include?
The organisation of air traffic, communication, navigation and radiolocation services, meteorological support, aeronautical information and search and rescue services. They are provided by an enterprise certified and designated as provider by the Agency.
Who approves the structure of the airspace?
The structure is formed by the Agency in agreement with the Ministry of Defence and approved by the Government of Georgia. Other interested bodies may submit proposals for changes, and disputes are examined by a conciliation commission or the courts.
Which flights take priority?
First in the sequence are combat and operational flights protecting state interests, second are flights during catastrophes and emergencies threatening life and health, followed by the remaining categories in the order established by law.
How We Help on Legal.ge
The Legal.ge team advises on every dimension of aviation law: the legal regime for the use of airspace, the certification of air navigation services, changes to the structure of airspace, and conflicts involving flight priorities. In each case we assess your situation through the lens of the relevant articles of the Aviation Code. Contact us — we will help you shape your legal position and prepare the necessary documents. Legal.ge.