Article 31-3. Rapid response measures and the procedure for their application of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

     1. During the implementation and (or) based on the results of state control, the local executive body of the state architectural and construction control applies rapid response measures in cases of identification of activities, works, services of the subject (object) of control and supervision that pose an immediate threat to the rights and legitimate interests of individuals and (or) legal entities, human life and health, environment, national security of the Republic of Kazakhstan.

     2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision used during and (or) based on the results of an inspection and (or) preventive control and supervision with a visit to the subject (object) of control and supervision, the types of which are provided for in this article.

     Prompt response measures are applied in case of failure to comply with the relevant notification on the elimination of identified violations.

     3. Rapid response measures include the following types::

     1) suspension of construction and installation works;  

     2) suspension of activities or certain types of activities;

     3) prohibition of activities or certain types of activities carried out in violation of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities and (or) government regulations.

     4) suspension of the validity of the permit and (or) the attachment to the permit;

     5) revocation (revocation) of the permit and (or) the attachment to the permit.

     4. Violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan, are the basis for the application of a rapid response measure.

     5. The local executive body of the state architectural and construction control also applies rapid response measures when establishing violations of state standards and (or) deviations from approved projects (design decisions) through an information system for organizing construction on the "one-stop shop" principle.

     6. The local executive body of the state architectural and construction control, during the implementation and (or) based on the results of inspection and (or) preventive control with a visit to the subject (object) of control and supervision, upon detection of violations of the requirements that are the basis for the application of rapid response measures, issues a resolution on the application of rapid response measures in the form approved by the authorized body in the field of architectural, urban planning and construction activities.  

     The resolution on the application of rapid response measures is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

     In the case of verification through an automated registry, a resolution on the application of rapid response measures is issued automatically in this automated registry.

     7. In case of refusal to adopt a resolution on the application of rapid response measures, upon its delivery, a corresponding entry is deliberately made and a video recording is made recording the fact of refusal to adopt a resolution on the application of rapid response measures. The resolution on the application of rapid response measures is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

     8. Refusal to receive a resolution on the application of rapid response measures is not a reason for its non-fulfillment.  

     9. Violations of the requirements identified during the implementation and (or) based on the results of the inspection and (or) preventive control with a visit to the subject (object) of control and supervision, which are the basis for the application of rapid response measures, are reflected in the act on the results of the inspection and (or) preventive control with a visit to the subject (object) of control and supervision, and also in the regulation on the elimination of identified violations.

     When performing an inspection through an automated registry, an act on the results of the inspection is not drawn up.

     10. The subject of control and supervision is obliged to eliminate the identified violations of the requirements, which are the basis for the application of a rapid response measure, within the time limits specified in the instruction on the elimination of identified violations.

     11. Upon expiration of the deadlines for eliminating violations of the requirements identified by the results of the inspection and (or) preventive control with a visit to the subject (object) of control and supervision, an unscheduled inspection is carried out to control the elimination of identified violations of the requirements that are the basis for the application of a rapid response measure.

     The decree on the application of rapid response measures is terminated if the local executive body of the state architectural and construction control confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures on the basis of an act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

     12. If the identified violations of the requirements that are the basis for the application of rapid response measures are not eliminated, measures are taken based on the results of an unscheduled inspection to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     13. Before the expiration of the time limits stipulated by the regulation on the elimination of identified violations, the subject of control and supervision is obliged to provide information on the elimination of identified violations of the requirements, accompanied by materials proving the elimination of violations.

     If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 10 of this article.  

     14. The subject of control and supervision, in case of disagreement with the results of the inspection and (or) preventive control with a visit to the subject (object) of control and supervision, which led to the application of rapid response measures, may file a complaint declaring the decision on the application of rapid response measures invalid and its cancellation.

     A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     Filing a complaint does not suspend the execution of the decision on the application of rapid response measures.

     15. The grounds for invalidating the decision on the application of rapid response measures and its cancellation are:

     1) the lack of grounds for the application of rapid response measures;

     2) the application of a rapid response measure on grounds that do not correspond to this measure;

     3) the application by the local executive body of the state architectural and construction control of rapid response measures on issues outside their competence.

     16. Information on the application of a rapid response measure is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.

This Law regulates the relations that arise between government agencies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged human habitat and vital activity, sustainable development of settlements and interuniverse territories.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases