Comment to article 315. Violation of the rules for the execution of executive technical documentation provided for by regulatory documents during construction, installation, repair and restoration work on the construction and reconstruction of facilities, manufacture of building materials, products and structures, with the exception of the requirements established by technical regulations The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules for the execution of executive technical documentation provided for by regulatory documents during construction, installation, repair and restoration work on the construction and reconstruction of facilities, manufacture of building materials, products and structures, with the exception of the requirements established by technical regulations -
entails a warning or fine for officials in the amount of ten, for small businesses - in the amount of twenty-five, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.
The article provides for administrative liability for violation of the rules for the execution of executive technical documentation.
According to the order of the Chairman of the Agency of the Republic of Kazakhstan for Construction and Housing and Communal Services dated December 29, 2011 No. 536, the executive documentation is a set of working drawings for the construction of an object with inscriptions on the conformity of works performed in kind with these drawings or changes made to them by persons responsible for the production of works, certificates, technical data sheets and others . documents certifying the quality of materials, certificates of inspection of hidden works, work logs, certificates of intermediate and final acceptance, conducted tests of systems, etc.
In general, this type of documentation is drawn up during the construction process and records the process of construction and installation work, as well as the technical condition of the facility.
Also, by Order No. 536 of the Chairman of the Agency of the Republic of Kazakhstan for Construction and Housing and Communal Services dated December 29, 2011, the List of executive documentation issued during construction is approved.
The obligation to draw up, form and content of specific executive technical documentation, and the rules for its maintenance are established by the requirements of the SNiP and other applicable regulatory documents, and in some cases by the instructions of construction participants. Timely and correct execution of executive technical documentation, which records the process of construction and installation work and the technical condition of the construction site, contributes to improving the quality of work.
Therefore, during the construction process, contractors need to draw up executive technical documentation reflecting the actual execution of design decisions and the actual position of buildings, structures and their elements at all stages of construction as certain stages of work are completed.
It should be noted that after the commissioning of a completed construction site, it becomes necessary to repair it. At the same time, the main documents on the basis of which specific decisions on reconstruction or modernization are made are the executive technical documentation. Therefore, the effectiveness of the design decisions depends on the completeness and quality of the compilation. That is, the more accurately the executive documentation reflects the actual condition of the construction site, the more correct a decision can be made on the site in the future.
The object of this administrative offense is the rules for the execution of executive technical documentation provided for in regulatory documents.
The objective side is that the culprit does not comply with the rules for the execution of executive technical documentation provided for in regulatory documents during construction, installation, repair and restoration work on the construction and reconstruction of facilities, the manufacture of building materials, products and structures, with the exception of the requirements established by technical regulations.
This offense is considered completed from the moment of the commission of any of the acts that constitute a violation of the execution of executive documentation. In some cases, this offense is committed as a result of inaction (for example, if the requirements of regulatory documents are not met).
The subjects of the offense are:
officials;
small business entities;
medium-sized businesses;
subjects of large business.
The subjective side is expressed in an intentional or careless form of guilt.
According to part 1 of Article 718 of the Administrative Code, cases under this article are considered by the bodies carrying out state architectural and construction control and supervision of the quality of construction facilities.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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