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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 144

About approval of Rules of control and supervision of activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision

(as amended of the Order of the Minister of national economy of the Republic of Kazakhstan of 15.06.2016 No. 261)

According to subitem 14-1) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules of control and supervision of activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision.

2. To provide to committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Vice-Minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 27, 2015 No. 144

Rules of control and supervision of activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision

1. General provisions

1. Rules of control and supervision of activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further - the Law) and other legal acts of the Republic of Kazakhstan.

2. These rules determine procedure for the organization and monitoring procedure and supervision of authorized state body by department for architecture, town planning and construction (further - authorized body) behind activities of local executive bodies for architecture, town planning, construction and the state architectural construction supervision (further - local body).

3. The authorized body exercises control and supervision of activities of local authorities in the way:

1) visits of object for the purpose of establishment of the corresponding accomplishment by local authorities of the functions assigned to them by the legislation of the Republic of Kazakhstan;

2) selective check - the check appointed by control facility and supervision concerning the specific checked subject (object) on the basis of risk degree assessment on analysis results of the reporting, results of other forms of control for the purpose of the prevention and (or) elimination of direct threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states;

3) unscheduled inspections - the check appointed by control facility and supervision on the concrete facts and circumstances which formed the basis of purpose of check concerning the specific checked subject (object) for the purpose of the prevention and (or) elimination of direct threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.

4. The purpose of control and supervision by authorized body of activities of local authorities is ensuring high-quality construction and the conditions providing favorable, safe and other necessary conditions for dwelling and life activity of the person.

5. Check of authorized body on construction objects assumes in itself establishment of the corresponding accomplishment by local authorities of the functions assigned to them by the legislation of the Republic of Kazakhstan.

6. Control and supervision of activities of local authorities are carried out by the official (officials) - the state construction inspector (the state construction inspectors) of authorized body.

2. Procedure for carrying out selective and unscheduled inspections

7. The basis for carrying out selective and unscheduled inspections (further - checks) is the act of the purpose of check of authorized body (further - the act) which is drawn up according to the procedure, established by the Entrepreneurial code of the Republic of Kazakhstan.

8. The act of purpose of check by authorized body is registered prior to check in authorized body on legal statistics and special accounting.

9. In the act are specified:

1) number and date of the act;

2) name of authorized body;

3) surname, name, middle name (in case of its availability) and position of person (persons), the representative on conducting check;

4) the information about the specialists, consultants and experts involved to conducting check;

5) the name and the location of local body, surname, name, middle name (in case of its availability) his head concerning whom conducting check, identification number, the site of the territory is appointed;

6) subject of the appointed check;

7) term of conducting check;

8) legal basis of conducting check, including regulatory legal acts which mandatory requirements are subject to check;

9) the checked period;

10) the rights and obligations of the checked subject, stipulated in Article 155 Entrepreneurial codes of the Republic of Kazakhstan;

11) the signature of person, representative to sign acts, and seal of authorized body.

10. The bases of unscheduled inspection of the checked subjects are:

1) control of execution of instructions (resolutions, representations, notifications) on elimination of the revealed violations as a result of check;

2) appeals of physical persons and legal entities on concrete facts about emergence of threat of damnification of life, to health of the person, the environment and legitimate interests of physical persons and legal entities, the states, except for appeals of physical persons and legal entities (consumers) which rights are violated, and appeals of state bodies;

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