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18.07.2019

Entrepreneurs fined for violation of construction norms in Shymkent

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Since the beginning of the year, more than 60 million tenge have been collected from the entrepreneurs, kursiv.kz reports.

214 entrepreneurs received penalties for 62.7 million tenge for violation of norms and rules of construction in Shymkent in 2019. However, as noted by experts, the government agencies have no control over the process of construction of buildings.

Department of State Architectural and Construction Control in Shymkent, established in July 2018, actually began to check the objects of construction in the city on October 2018. In the three months of 2018, 110 inspections were conducted and fines of 35 million tenge were imposed. In the six months of 2019, 214 persons were brought to administrative responsibility and fined 62.7 million tenge.  66 individuals were referred to a specialized administrative court and were fined 8.5 million tenge.

According to the head of the city administration of the Department of State Architectural and Construction Control Berik Duysenov, 95 out of 100 cases were registered with violations, there are no working projects during construction of facilities in Shymkent. There is a lack of such documents as expertise and notification of the Department of State Architectural and Construction Control about the beginning of construction and installation works.

"Previously, there was an act of acceptance, thanks to this document, the employees of the relevant government agencies checked the objects for quality and compliance with construction standards after the completion of construction. Now the object is put into operation and the documents are immediately sent for registration to the justice authorities. Sometimes we see a lot of violations, but the facility is put into operation, and we can't check it on our own initiative," Berik Duysenov said.

He also noted that after receiving a positive examination, the owner is obliged to notify the Department of State Architectural and Construction Control authorities about the beginning of construction and installation works and only after that to hire a construction and installation team, to carry out technical supervision of compliance with the working design and author's supervision.

“This is a competitive environment, the state has no control over the construction process. In fact, the construction is being carried out privately. The construction site is private, a LLP that is also owned by a private contractor, and the projects are being carried out by private companies. That is, all four persons who carry out construction are private individuals," Berik Duysenov said. 

State agencies react only if there is an application from citizens or an appeal from the akimats. Thus, nine cases of unauthorized construction were identified in Shymkent.

"We filed nine claims for demolition, all nine were satisfied at the first instance. But in the course of the appeal, the owners of the two facilities changed the purpose of their land plots, thus bringing them in line. Therefore, the court reversed the decision of the court of first instance and, accordingly, refused to satisfy the claim," he said.

These bodies also cannot conduct scheduled inspections, as they are not even in the regulations. "All inspections are only unscheduled - by letters and appeals. The department was established in October last year. During the three months of 2018 about 30-40 revealed violations are a misuse of land plots. In 2019, about 20 violations were registered. And all the facts were found only on the basis of appeals of the city residents and akimats," the representative of the Land Inspection Department said.

At present, unprecedented work is being carried out in Shymkent: the Department of State Architectural and Construction Control has begun to invalidate the acts of acceptance registered in the justice system.

"That is, we began to appeal to the court and attract people who took into operation the facilities built with violations. As of today, three cases have been submitted to the court for the invalidation of commissioning acts. We have revealed the grossest violations, including the fact that the unfinished objects were put into operation. One of such cases, the company is just constructing the second floor and the building has already been put into operation," Duysenov said.

In total, there are 126 notifications about the beginning of construction and installation works for six months in Shymkent.  108 out of them are being built at the expense of private investments, while 18 - at the expense of the budget.

Natalya Khaikina

«...Domestic business, the so-called national bourgeoisie, should be supported in every possible way, and those who prevent its development by unreasonable inspections, extortions, raids should be strictly punished...»

Statement from the President of Kazakhstan Kassym-Jomart Tokayev at an enlarged meeting of the Government on 15 July 2019

Palymbetov B.A.

Ombudsman for the Protection of the rights of Entrepreneurs of RK

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