To the provisions of Article 86b of the Act – Background checks
The legislature identifies and, in the provisions of Article 86a of the Act, exhaustively states activities related
to civil aviation, which are, for safeguarding of the civil aviation against acts of unlawful interference, so
significant that their abuse could pose a threat to air operation.
Individuals engaged in these activities, for the reason of this protection (to eliminate maximally potential risks), comply with specific legal requirement imposed on the exercise of these activities. This legal requirement, formulated as a prerequisite for the performance of activities under Article 86a of the Act, is covered by the provisions of Article 86b of the Act as background checks of natural persons who perform these activities.
Fundamentals and general principles of background checks are set out in the Annex to Regulation No 300/2008 on common rules in the field of civil aviation security. Under Article 3, paragraph 15 of Regulation, background check means a recorded check of a person’s identity, including any criminal history, as part of the assessment of an individual’s suitability for unescorted access to security restricted areas. According to the provisions of paragraph 1.2, point 4 of the Annex to Regulation, persons, including flight crew members, shall have successfully completed a background check before either a crew identification card or an airport identification card authorising unescorted access to security restricted areas is issued to them.
The law, in its provision of Article 86b, defines entities that perform background checks. For natural persons who are employees of air carriers and air services providers, background checks are performed by their employers (in accordance with Article 86b, paragraph 2 of the Act), and for natural persons who are not in an employment relationship, background checks are performed by the Authority (under Article 86b paragraph 3 of the Act).