The Right of Flight and Its Administrative Foundations
The right of flight in the airspace of Georgia is not an abstract but a formalized right: its exercise depends on rules, a plan and documents, and it is precisely this formalism that sometimes becomes the subject of dispute — between operators and the Agency, between parties and control bodies. Under Article 45 of the Air Code, an aircraft having state registration and identification marks, duly prepared and carrying all necessary documents established by the supervision and regulation bodies is admitted to flight in Georgian airspace; an exception may be allowed for experimental aircraft and aircraft not requiring state registration.
Flight Rules and Airspace
In Georgian airspace the flight of an aircraft is performed in accordance with the flight rules established by the Agency, which embrace the flight plan, instrument and visual flight rules, rights of priority flight and other matters connected with performing the flight. In restricted, dangerous and temporary zones the flight is performed under the procedure established by legislation, protecting the safety of civil aviation. Over the high seas, in airspace where Georgia provides air traffic services, flight is performed without exception in observance of the requirements of Annex 2 to the Chicago Convention of 1944 on International Civil Aviation — international standards are thus directly embedded in the national regime.
The Flight Plan and the Flight Assignment
Every departure of a civil aircraft is performed according to the flight plan, in agreement with the air traffic service body; that of a state aircraft — according to the flight plan, on the basis of permission of the respective service of the Ministry of Defence. Deviation from the flight plan is allowed with the consent of the respective body or in the separate cases provided by law. The basic document defining the purpose, task and route of the flight is the flight assignment signed by an authorized official — in examining a dispute, it is often precisely this document that becomes the object of inquiry into whether the flight was performed lawfully. Its form and manner of completion are established by joint order of the ministers, and comparing it with the flight plan and the actual route is therefore the first analytical step: where the plan and the assignment do not match, the assessment of the lawfulness of the flight begins precisely from that discrepancy.
Breach of the Rules and Interception
On breach of the airspace, the aircraft commander is obliged, immediately upon receiving the instruction of the air traffic service body, to ensure landing at the indicated place; if the instruction is not complied with, interception of the aircraft — forced landing — may become necessary. Interception occurs only in extreme cases, taking into account the requirements of the relevant article of the Chicago Convention; its rules are developed by the Ministry of Defence and the Agency and approved by the Government. For the commander this means a dual duty: on breach of the airspace, to ensure landing immediately upon receiving the instruction and, at the same time, to protect the safety of those on board — in any subsequent dispute both requirements are assessed together.
To summarize: the right of flight in Georgian airspace is a formalized regime — admission requires marks, preparation and documents; each departure is defined by the flight plan and the flight assignment; in restricted zones a special rule applies, and over the high seas — Annex 2 to the Chicago Convention. On breach of the rules the commander ensures landing at the indicated place, and in extreme cases interception of the aircraft is possible. In examining a dispute, all these documents and rules are assessed together.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
Which document defines a flight?
The flight assignment signed by an authorized official — purpose, task and route together.
Is deviation from the plan possible?
Yes — with the consent of the respective body or in the cases provided by law.
What happens on breach of airspace?
The commander must ensure landing at the indicated place; failing that, interception in extreme cases is possible.
Who may fly in the airspace?
An aircraft with marks, duly prepared and with documents; the exception covers experimental aircraft and those not requiring registration.
How does a state aircraft depart?
According to the flight plan, on the basis of a permission issued by the respective service of the Ministry of Defence; the departure of a civil aircraft is performed in agreement with the air traffic service body.
How We Help on Legal.ge
A dispute over flight rights requires knowledge both of aviation rules and of administrative procedures. On Legal.ge you can consult an aviation-law lawyer who will assess the grounds of the dispute, analyse the flight assignment and the flight plan, and represent your interests in administrative and court proceedings alike. Submit a request on the site and get qualified assistance.