About approval of risk assessment criteria and checklist in the field of architecture, town planning and construction behind the activity of local executive bodies for architecture, town planning, construction, and state architectural and constructional control and supervision

Invalidated Unofficial translation

The Minister of National Economy of the Republic of Kazakhstan № 757 dated October 31, 2018 and the Minister of National Economy of the Republic of Kazakhstan № 52 dated October 31, 2018. Registered with the Ministry of Justice of the Republic of Kazakhstan dated November 1, 2018 № 17665. Abolished by the joint order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated December 30, 2022 No. 763 and the Minister of National Economy of the Republic of Kazakhstan dated December 19, 2022 No. 130

      Unofficial translation

      Footnote. Abolished by the joint order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated December 30, 2022 No. 763 and the Minister of National Economy of the Republic of Kazakhstan dated December 19, 2022 No. 130 (effective from 01.01.2023).
      Footnote. Title - in the wording of the joint order of the Minister of industry and infrastructure development of the Republic of Kazakhstan dated 28.04.2020 No. 240 and the Minister of national economy of the Republic of Kazakhstan dated 30.04.2020 No. 34 (effective ten calendar days after the date of its first official publication).

      In accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015, we hereby ORDER:

      1. To approve:

      1) criteria for assessing the degree of risk in the field of architecture, town planning and construction of the activities of local executive bodies for architecture, town planning , construction and state architectural and construction control and supervision, in accordance with Appendix 1 to this joint order;

      2) checklist in the field of architecture, town planning and construction in relation to the architecture and town planning bodies, in accordance with Appendix 2 to this joint order;

      3) checklist in the field of architecture, town planning and construction in relation to the bodies of state architectural and construction control and supervision, in accordance with Appendix 3 to this joint order;

      4) checklist in the field of architecture, town planning and construction in relation to the construction bodies, in accordance with Appendix 4 to this joint order.

      2. Order № 235 of the Acting Minister of National Economy of the Republic of Kazakhstan of June 3, 2016 "On approval of risk assessment criteria and checklist in the field of architecture, town planning and construction behind the activity of local executive bodies for architecture, town planning , construction and state architectural and construction control and supervision "(registered in the Register of state registration of regulatory legal acts under № 14139, published September 1, 2016 in the legal information system "Adilet").

      3. The Committee for Construction and Housing and Communal Services of the Ministry for Investment and Development of the Republic of Kazakhstan, in accordance with the procedure established by legislation, shall:

      1) provide the state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days from the date of state registration of this joint order, direct it in the Kazakh and Russian languages to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this joint order on the Internet resource of the Ministry for Investment and Development of the Republic of Kazakhstan;

      4) within ten working days after the state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Department of the Ministry of Investment and Development of the Republic of Kazakhstan the data on execution of the actions provided for in subparagraphs 1), 2) and 3) of this paragraph.

      4. Control over the execution of this joint order shall be entrusted to the Supervising Vice Minister for Investment and Development of the Republic of Kazakhstan.

      5. This joint order shall enter into force upon expiry of ten calendar days after the date of its first official publication.

      Minister of Investment and Development
      of the Republic of Kazakhstan ____________ Zh. Kasymbek
      Minister of National Economy
      of the Republic of Kazakhstan ___________ T. Suleimenov

      "AGREED"

      Committee on Legal Statistics

      and Special Accounts

      of the General Prosecutor's Office

      of the Republic of Kazakhstan

  Appendix 1 to Joint
Order № 757 of the Minister of
Investment and Development of
the Republic of Kazakhstan of
October 31, 2018 and № 52 of the
Minister of National Economy
of the Republic of Kazakhstan
of October 31, 2018

Criteria for assessing the degree of risk in the field of architecture, town planning and construction behind the activity of local

executive bodies for architecture, town planning , construction and state architectural and constructional control and supervision

Chapter 1. General Provisions

      1. These criteria for assessing the degree of risk in the field of architecture, town planning and construction behind the activities of local executive bodies for architecture, town planning , construction, and state architectural and constructional control and supervision (hereinafter referred to as Criteria) are developed in accordance with paragraph 3 of Article 141, paragraph 1 of Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter referred to as the Code) and the Rules for Forming by the State Bodies of the Risk Assessment System and the Forms of Checklists, approved by order No3 of the Acting Minister of National Economy of the Republic of Kazakhstan, dated July 31, 2018 (registered in the Register of State Registration of Regulatory Legal Acts under № 17371) for assigning subjects of control and supervision to risk degrees.

      2. The following concepts shall be used in these Criteria:

      1) subjects of control and supervision - local executive bodies for:

      architecture and town planning ;

      construction;

      state architectural and construction control and supervision;

      2) significant violations - violations established by normative legal acts in the field of architecture, town planning , entailing administrative and criminal liability provided for by the laws of the Republic of Kazakhstan and related to the submission of inaccurate reporting and monitoring, non-compliance with state standards, deadlines, procedure for accepting notifications, procedure of conducting preventive control and supervision with a visit to the subject of control and supervision and elimination of identified violations, as well as infringement of the rights and legitimate interests of citizens, presence of complaints and appeals;

      3) insignificant violations - untimely and incorrect execution of records;

      4) gross violations - violations established by regulatory legal acts in the field of architecture, town planning and construction, which result in deterioration of the condition of a favorable habitat and human activity, including persons with disabilities, associated with the presence of man-made disasters (collapse of bearing and enclosing structures and buildings ), with damage to state interests, which entail administrative and criminal liability, as provided for by the laws of the Republic of Kazakhstan, also the lack of staff with appropriate education and certain work experience, absence of completed construction projects, lack of and inconsistency with the levels of expert responsibility, lack of license and accredited experts;

      5) risk in the field of architecture, town planning and construction - the probability of causing harm as a result of the activities of subjects of control and supervision to human life or health, the environment, legitimate interests of individuals and legal entities, property interests of the state, taking into account the severity of its consequences;

      6) objective criteria for assessing the degree of risk (hereinafter referred to as objective criteria) are criteria for assessing the degree of risk used to select subjects of control and supervision, depending on the degree of risk in a particular field of activity and not directly dependent on the individual subject of control and supervision;

      7) subjective criteria for assessing the degree of risk (hereinafter referred to as subjective criteria) risk assessment criteria used to select local executive bodies for architecture, town planning, construction, and state architectural construction control and supervision, depending on the performance of a particular subject of control and supervision;

      8) checklist - a list of requirements that includes only those requirements for the activities of subjects of control and supervision, the non-observance of which entails a threat to human life and health, the environment, legitimate interests of individuals and legal entities, the state.

      3. Criteria for assessing the degree of risk in the field of architecture, town planning and construction activity of local executive bodies for architecture, town planning , construction and state architectural and construction control and supervision shall be formed by means of objective and subjective criteria.

Chapter 2. Objective criteria

      4. In the field of architecture, town planning and construction, all the subjects of control and supervision shall be assigned to a high degree of risk according to objective criteria - local executive bodies for:

      architecture and town planning ;

      construction;

      state architectural and constructional control and supervision, since their activities are directly related to causing the greatest harm to human life or health, the environment, legitimate interests of individuals and legal entities, the state’s property interests, taking into account the severity of its consequences, that is, their activities have to ensure safety, comfortable and favorable living environment (habitat).

Chapter 3. Subjective criteria

      5. To determine the subjective criteria for assessing the degree of risk, the following information sources of shall be used:

      1) results of monitoring reports and information provided by the subject of control and supervision, including through automated information systems;

      2) results of the previous inspection / preventive control and supervision with a visit to the subject of control and supervision (in this case the severity of violations (gross, significant, insignificant) shall be established in event of non-compliance with legal requirements);

      3) presence and number of confirmed (justified) complaints and appeals;

      4) results of analysis of the official Internet resources of state bodies, the media.

      6. Basing on the available information sources, subjective criteria shall be divided into three degrees of violation: gross, significant, insignificant.

      To assign the subject of control and supervision to the degree of risk, the following procedure for calculating the risk degree indicator shall be applied.

      If one gross violation is detected from the available sources of information, the risk index of 100 shall be equated to the subject of control and supervision, and preventive control and supervision shall be conducted in relation to it with a visit to the subject of control and supervision.

      In the event that no gross violations have been identified, then to determine the risk degree indicator, the total indicator for violations of a significant and insignificant degree shall be calculated.

      When determining the indicator of significant violations, a coefficient of 0.7 shall be applied and this indicator shall be calculated using the following formula:

     


      where:

     

- an indicator of significant violations;

     

- the required number of significant violations;

     

- the number of identified significant violations;

      When determining the indicator of minor violations, a coefficient of 0.3 shall be applied and this indicator shall be calculated using the following formula:

     


      where:

     

- an indicator of minor violations;

     

- the required number of minor violations;

     

- the number of identified minor violations;

      The general risk degree indicator (

) is calculated on a scale from 0 to 100 and is determined by summing up the indicators of significant and minor violations using the following formula:

     


      where:

     

- a general indicator of the degree of risk;

     

- an indicator of significant violations;

     

- an indicator of minor violations.

      Subjective criteria for assessing the degree of risk are given in the Appendix to these criteria.

      On the risk degree indicator, the subject of control and supervision shall be:

      1) assigned to a high degree of risk – at the indicator of the degree of risk from 61 to 100 inclusive, and with respect to it preventive control and supervision shall be carried out with a visit to the subject of control and supervision;

      2) not assigned to a high degree of risk – at the degree indicator from 0 to 60 and with respect to it no preventive control and supervision with a visit to the subject of control and supervision shall be carried out.

      In the analysis and assessment of the degree of risk, the data of subjective criteria previously taken into account and used in relation to a particular subject of control and supervision shall not be applied.

      The frequency of preventive control with a visit to the subject of control and supervision shall be determined by the criteria for assessing the degree of risk, but it shall not be more than once a year.

      The grounds for the appointment of preventive control and supervision with a visit to the subject of control and supervision shall be a semi-annual list of preventive control and supervision with a visit to the subject of control and supervision, formed on the results of the analysis and evaluation, approved by the senior official of the regulatory state body.

      Preventive control and supervision with a visit to the subject of control and supervision shall be carried out on the basis of semi-annual lists of preventive control and supervision with a visit to the subject of control and supervision, formed in accordance with paragraph 3 of Article 141 of the Code.

      Lists of preventive control and supervision with a visit to the subject of control and supervision shall be compiled with regard to the priority of the subject of control and supervision with the highest indicator of the degree of risk according to subjective criteria.

      Footnote. Paragraph 6 as amended by the joint order of the Minister of industry and infrastructure development of the Republic of Kazakhstan dated 28.04.2020 No. 240 and the Minister of national economy of the Republic of Kazakhstan dated 30.04.2020 No. 34 (effective ten calendar days after the date of its first official publication).

  Appendix to Criteria
for risk assessment degree
in the field of architecture, urban
planning and construction
for the activities of local executive
bodies in architecture, urban
planning, construction
and state architectural-construction
control and supervision

Subjective criteria for risk assessment degree in the field of architecture, urban planning and construction for the activities of local executive bodies in architecture, urban planning, construction and state architectural construction control and supervision

      Footnote. Appendix - as amended by the joint order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 496 dated 26.09.2020 and the Minister of National Economy of the Republic of Kazakhstan No. 70 dated 28.09.2020, (shall be enforced upon expiry of ten calendar days after the date of its first official publication).


№ п/п

Criteria

Degree of violation

Architecture, urban planning bodies

1. Findings of monitoring of reporting and data provided by the facility (entity), subject to control and supervision, including via automated information systems.

1

Non-provision of information on facilities and complexes planned for construction (information about the customer, contractor, author's and technical supervision, the presence of an expert conclusion, decision on granting the corresponding right to the land site ) by the 5th day of the month

gross

2

Non-provision of information on facilities and complexes under construction (information about the customer, contractor, author's and technical supervision, the presence of an expert conclusion, decision on granting the corresponding right to the land site) by the 5th day quarterly

gross

2. Findings of the previous inspection / preventive control and supervision of the facilities subject to control and supervision (in this case, the severity of violations (gross, significant, insignificant) shall be established in the event of non-compliance with the legislative requirements).

3

Keeping records of acts of objects acceptance into operation, and also objects (complexes) that are being put into operation

gross

4

Availability of master plan projects for the cities of republican status, the capital, cities of oblast status and rural localities of the republic

gross

5

Availability of projects of detailed layouts of cities of republican status, the capital, cities of oblast status and rural localities of the republic

gross

6

Compliance with the division of territories into functional zones

gross

7

Compliance with red lines

gross

8

Compliance with yellow lines

gross

9

Compliance with the building regulation line

gross

10

Compliance with the concept of a single architectural style envisaged for the capital, cities of republican and oblast status

gross

11

Compliance with urban planning requirements in the preparation of local executive bodies’ decisions on granting the required land title to the applicant

gross

12

Compliance with urban planning requirements in the preparation of local executive bodies’ decisions for reconstruction, redevelopment, alterations of premises (individual parts) of existing buildings (structures)

gross

13

Compliance with requirements for the approval of the sketch (sketch design) for construction

significant

14

Monitoring of facilities and complexes under construction (planned for construction)

significant

15

Compliance with the term for considering an application for the design of technically and (or) technologically simple facilities: for the issuance of an architectural planning assignment and technical specifications no more than 6 (six) working days, except in cases of a motivated refusal, when the term does not exceed 5 (five) working days from the day of application

significant

16

Compliance with the term for consideration of an application for the design of technically and (or) technologically complex facilities: for the issuance of an architectural planning assignment and technical specifications no more than 15 (fifteen) working days, except for cases of a motivated refusal, when the term does not exceed 5 (five) working days from day of application

significant

17

Issuance of an architectural planning assignment

gross

18

Execution of previously issued instructions to the architecture and urban planning authority

gross

19

Provision to the database of the state urban planning cadastre of information on master plans of settlements, plans for zoning of the territory, plans for detailed plannings, plans for industrial zones, development projects, improvement and landscaping projects, and other planning projects

significant

20

Provision to the database of the state urban planning cadastre of information on red lines and development regulation lines

significant

21

Provision to the database of the state urban planning cadastre of information on the agreed draft designs

significant

3. Presence of confirmed complaints and claims.

22

Presence of a confirmed complaint and claim of an individual or legal entity

gross

4. Findings of official internet resources analysis of the state bodies, mass media.

23

Presence of official reports in the media on violations in the architectural, town-planning and construction activity

gross

State architectural-construction control and supervision bodies

1. Findings of monitoring of reporting and data provided by the facility (entity), subject to control and supervision, including via automated information systems.

1

Failure to keep records of acts of acceptance of objects into operation, as well as the objects (complexes) that are being put into operation, with obligatory consideration of providing access for the disabled persons

gross

2

Failure to monitor facilities under construction (reconstruction, extension, improvements, overhaul) and commissioned facilities

significant

3

Failure to provide information on planned for construction facilities and complexes (information about the customer, contractor, author's and technical supervision, presence of an expert conclusion, decision on granting the corresponding entitlement to the land site) by the 5th day of the month

gross

4

Failure to provide information on facilities and complexes under construction (information about the customer, contractor, author's and technical supervision, presence of an expert conclusion, decision on granting the corresponding entitlement to the land site) by the 5th day quarterly

gross

2. Findings of the previous inspection / preventive control and supervision of the facilities subject to control and supervision (in this case, the severity of violations (gross, significant, insignificant) shall be established in the event of non-compliance with the legislative requirements).

5

Compliance with the procedure for accepting notification on the start of construction and installation works

significant

6

Drawing up an act of disagreements, if any, between the applicant and employees of the state architectural-construction control and supervision bodies

significant

7

Availability of approved (reapproved) design (design and estimate) documentation on facilities under construction and constructed

gross

8

Availability of project expertise conclusion

gross

9

Availability of required entitlement to the land site

gross

10

Availability of a coupon on the acceptance of notification on the start of construction and installation works

significant

11

Compliance of the executed (ongoing, in progress) construction and installation works, used building materials (articles, structures) and equipment with approved design solutions and state (interstate) standards, including on ensuring durability, stableness, reliability of bearing and enclosing installations and operational qualities of buildings (structures)

gross

12

Availability of a license for the right to perform the relevant types of work and discrepancy between categorization of the licensed architectural, urban planning and construction activities

gross

13

Compliance with the requirements for engaging in survey works in terms of the presence in the staff of at least one engineering technician with an appropriate higher professional education and practical experience

gross

14

Compliance with the requirements for engaging in survey works in terms of the availability of a production site on the right of ownership (economic management or operational management) and (or) lease

significant

15

Compliance with the requirements for engaging in survey works in terms of availability of minimum material and technical resources on the right of ownership (economic management or operational management) and (or) lease

significant

16

Compliance with the requirements for engaging in survey works in terms of availability of instructions approved by the applicant (licensee) on the quality control system governing the proper performance of works and quality assurance (standard control, quality control of works execution)

significant

17

Compliance with the requirements for engaging in survey works in terms of availability of the rules and instructions on the labor protection and safety system approved by the applicant (licensee) with attachment of documents confirming training of a responsible engineering technician

significant

18

Compliance with the requirements for engaging in project activities for category III licensees in terms of presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of works included in the requested subtype of the licensed type of activity and working on a permanent basis for the applicant

gross

19

Compliance with the requirements for engaging in project activities for category III licensees in terms of availability of administrative and utility premises on the right of ownership (economic management or operational management) and (or) lease

significant

20

Compliance with the requirements for engaging in project activities for category III licensees in terms of availability of software enabling to perform calculations, compilation and execution of graphic and other materials necessary for the declared subtype of the licensed type of activity

significant

21

Compliance with the requirements for engaging in project activities for category II licensees in terms of presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of works included in the requested subtype of the licensed type of activity and working on a permanent basis with the applicant

gross

22

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of administrative and utility premises on the right of ownership (economic management or operational management) and (or) lease

significant

23

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of software enabling to perform calculations, compilation and execution of graphic and other materials necessary for the declared subtype of the licensed type of activity

significant

24

Compliance with the requirements for engaging in project activities for category II licensees in terms of the licensee’s relevant work experience for at least five years

gross

25

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of at least five completed construction projects

gross

26

Compliance with the requirements for engaging in project activities for category I licensees in terms of presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of work included in the requested subtype of the licensed type of activity and working on a permanent basis with the applicant

gross

27

Compliance with the requirements for engaging in project activities for category I licensees in terms of availability of administrative and utility premises on the right of ownership (economic management or operational management) and (or) lease

significant

28

Compliance with the requirements for engaging in project activities for category I licensees in terms of the availability of software enabling to carry out calculations, compilation and execution of graphics and other materials necessary for the declared subtype of the licensed type of activity

significant

29

Compliance with the requirements for engaging in project activities for category I licensees in terms of the licensee's relevant work experience for at least ten years

gross

30

Compliance with the requirements for engaging in project activities for category I licensees in terms of availability of at least ten completed construction projects

gross

31

Compliance with the requirements for construction and installation works for category III licensees in terms of presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of works included in the requested subtype of the licensed type of activity and working on a permanent basis with the applicant

gross

32

Compliance with the requirements for construction and installation works for category III licensees in terms of availability of a production site on the right of ownership (economic management or operational management) and (or) lease

significant

33

Compliance with the requirements for construction and installation works for category III licensees in terms of availability of minimum material and technical resources on the right of ownership (economic management or operational management) and (or) lease

significant

34

Compliance with the requirements for construction and installation works for category II licensees in terms of the presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of works included in the requested subtype of the licensed type of activity and working on a permanent basis with the applicant

gross

35

Compliance with the requirements for construction and installation works for category II licensees in terms of availability of a production site on the right of ownership (economic management or operational management) and (or) lease

significant

36

Compliance with the requirements for construction and installation works for category II licensees in terms of availability of minimum material and technical resources on the right of ownership (economic management or operational management) and (or) lease

significant

37

Compliance with the requirements for construction and installation works for category II licensees in terms of the relevant work experience of the licensee for at least five years

gross

38

Compliance with the requirements for construction and installation works for category II licensees in terms of availability of at least five completed construction projects

gross

39

Compliance with the requirements for construction and installation works for category I licensees in terms of presence in the staff of at least one certified engineering technician with an appropriate certificate for the profile of work included in the requested subtype of the licensed type of activity and working on a permanent basis with the applicant

gross

40

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of a production site on the basis of ownership (economic management or operational management) and (or) lease

gross

41

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of minimum material and technical resources on the basis of ownership (economic management or operational management) and (or) lease

significant

42

Compliance with the requirements for construction and installation works for category I licensees in terms of appropriate work experience of the licensee for at least ten years

gross

43

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of at least ten completed construction projects

gross

44

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation: availability of higher professional education in the relevant sections of urban planning, design and estimate documentation and work experience in the development and (or) examination of the relevant sections of urban planning, pre-design and design estimates documentation for at least five years

gross

45

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision on objects of the first level of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience as an expert for at least five years

gross

46

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the first level of responsibility in terms of engineering networks:
availability of higher professional education in the field of construction and work experience as an expert for at least five

gross

47

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the first level of responsibility in terms of technological equipment: availability of higher professional education in the field of construction and work experience as an expert for at least five years

gross

48

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience in the production of construction and installation works for at least three years

gross

49

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of engineering networks: availability of professional education in the field of construction and work experience in the production of construction and installation works for at least three years

gross

50

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of technological equipment: availability of higher professional education in the field of construction and work experience in the production of construction - installation works for at least three years

gross

51

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of design supervision for objects of the first level of responsibility in terms of architecture: availability of higher professional education in the field of construction and work experience as an expert for at least three years

gross

52

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of design supervision for objects of the first level of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience as an expert for at least three years

gross

53

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of design supervision for objects of the second and third levels of responsibility in terms of architecture: availability of higher professional education in the field of construction and work experience in project activities for at least five years

gross

54

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of design supervision for objects of the second and third levels of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience in the design activity for at least five years

gross

55

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert of technical survey of reliability and stability of buildings and structures: availability of higher professional education in the field of construction and work experience in project activities in calculation and design specialization for at least three years, or work experience as an expert in this area for at least five years

gross

56

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation for environmental impact assessment: availability of higher professional education in the relevant section and work experience for at least five years or with a higher professional education and work experience in the development and (or) examination of ecological part of urban planning, pre-design and design estimates documentation for at least ten years

gross

57

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation in the field of sanitary and epidemiological welfare of the population: availability of higher medical education of a sanitary and epidemiological profile and work experience in the examination of the relevant section of urban planning, pre-design and design estimates documentation for at least five years

gross

58

Providing settlements with optimal conditions and means of access for people with disabilities and other low-mobility groups to workplaces, common areas, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type of settlement and conditions of the populated area

gross

59

Availability of a certificate of accreditation of legal entities carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility

significant

60

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility: presence of at least three certified experts carrying out technical supervision at objects of the first level of responsibility, including objects of the first level of responsibility - in terms of load-bearing and enclosing structures (at least one expert)

significant

61

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility: presence of at least three certified experts on a permanent basis carrying out technical supervision at objects of the first level of responsibility, including facilities of the first level of responsibility - in terms of engineering networks (at least one expert)

significant

62

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex facilities of the first level of responsibility: presence of at least three certified experts carrying out technical supervision at objects of the first level of responsibility, including objects of the first level of responsibility - in terms of technological equipment (at least one expert)

significant

63

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)

significant

64

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of administrative and utility premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of ​​the premises at the rate of 6 m2 per employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively

significant

65

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of material and technical resources, including measuring and control instruments necessary to perform the assigned duties and functions

significant

66

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of standard technical and methodological literature necessary to perform the assigned duties and functions

significant

67

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility in terms of load-bearing and enclosing structures (at least one expert)

significant

68

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility in terms of engineering networks (at least one expert)

significant

69

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility in terms of technological equipment (at least one expert)

significant

70

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)

significant

71

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of administrative and utility premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of ​​the premises at the rate of 6 m2 per employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively

significant

72

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of material and technical resources, including measuring and control instruments necessary to perform the assigned duties and functions

significant

73

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of standard technical and methodological literature necessary to perform the assigned duties and functions

significant

74

Compliance of accredited organizations carrying out expert works on technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence on a permanent basis of at least three certified experts with a valid certificate of accreditation carrying out technical inspection of the reliability and stability of buildings and structures

gross

75

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence of at least one certified expert in their team on a permanent basis, carrying out expertise of projects in constructional part specialization

gross

76

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence of at least one geodetic engineer (with work experience for at least three years)

gross

77

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)

significant

78

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of administrative premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of the premises at the rate of 6 m2 per employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively

significant

79

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of material and technical equipment, including measuring and control instruments necessary to perform the assigned duties and functions, and also computers provided with licensed software necessary for performing calculations, drawing up and designing graphic and other materials

significant

80

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of standard technical and methodological literature necessary to perform the assigned duties and functions

significant

81

Reporting by the persons carrying out technical supervision on the state and progress of a construction object to the state architectural-construction control and supervision body on a monthly basis

gross

82

Adoption of administrative measures on the information, reported by persons carrying out technical supervision on non-execution or improper execution of their instructions by the contractor (general contractor)

significant

83

Organization and conduct of an unscheduled inspection by the state architectural-construction control and supervision bodies in relation to construction participants in response to a complaint from individuals and legal entities on specific facts of violations of the legislation of the Republic of Kazakhstan, non- elimination of which entails harm to human life and health

gross

84

Organization and conduct of preventive control and supervision by the state architectural-construction control and supervision bodies in relation to construction participants

gross

85

Completeness and reliability of reports on unscheduled inspection findings

gross

86

Completeness and reliability of the order on elimination of identified violations based on the unscheduled inspection findings report

gross

87

Completeness and reliability of the resolution on imposing administrative sanctions based on the unscheduled inspection findings report

gross

88

Completeness and reliability of the protocol on an administrative offense based on the unscheduled inspection findings report

gross

89

Completeness and reliability of the order on elimination of identified violations based on the findings of preventive control and supervision with a visit to the subject (object) of control and supervision

gross

90

Execution of previously issued instructions to the state architectural-construction control and supervision body

gross

3. Presence of confirmed complaints and claims.

91

Presence of a confirmed complaint or claim of an individual or legal entity

gross

4. Findings of the analysis of official internet resources of the state bodies, mass media.

92

Presence of official reports in the media on violations in the architectural, urban planning and construction activities

gross

Construction bodies

1. Findings of monitoring of reporting and data provided by the facility (entity), subject to control and supervision, including via automated information systems.

1

Non-provision of information on the objects and complexes planned for construction (information about the customer, contractor, design and technical supervision, availability of an expert opinion, decision on granting the corresponding entitlement to land site) by the 5th day of the month

gross

2

Non-provision of information on the objects and complexes under construction (information about the customer, contractor, design and technical supervision, presence of an expert opinion, decision to grant the corresponding entitlement to land site) by the 5th day quarterly

gross

2. Findings of the previous inspection / preventive control and supervision of the facilities subject to control and supervision (in this case, the severity of violations (gross, significant, insignificant) shall be established in the event of non-compliance with the legislative requirements).

3

Monitoring and analysis on the submitted reports of persons carrying out technical and design supervision

significant

4

Conducting works on the object conservation, including inspection and monitoring of the state of conserved objects for more than 6 months

gross

5

Compliance with the requirements of state standards in terms of availability of the corresponding entitlement to land site at the objects where the construction body is the customer

gross

6

Compliance with the requirements of state standards in terms of availability of an architectural-planning assignment for the design of the planned object in the established form in accordance with the requirements of the current regulatory documents at the objects where the construction body is the customer

gross

7

Compliance with the requirements of state standards in terms of compliance with the requirements of technical regulations at the objects where the construction body is the customer

significant

8

Providing settlements with optimal conditions and means of access for people with disabilities and other low-mobility groups to workplaces, common areas, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type of settlement and conditions of the locality

gross

9

Availability of technical conditions for connection to the sources of engineering and utilities provision at the objects where the construction body is the customer

significant

10

Compliance at the objects where the construction body is the customer, with the requirements of state standards in terms of availability of a report on engineering and geological surveys, if the contract does not provide for the performance of engineering surveys

significant

11

Availability of a permit from the relevant organizations for performing works in the area of ​​overhead power transmission lines and communication lines, in the railroad precincts, in the places of underground communications, in areas where land plots located on the construction area are worked by mining operations

significant

12

Availability of a permit from the relevant organizations for temporary use of electricity, gas, water, steam from existing sources during construction period in cities and other settlements in accordance with the construction organization project if the customer does not have their own gas, water, steam and power supply facilities for construction

significant

13

Availability of a permission from the relevant organizations for forest clearing and tree replanting

gross

14

Availability of corresponding entitlement to the land site for construction, operation purposes

gross

15

Availability of approved (re-approved) design (design and estimate) documentation

gross

16

Availability of expertise conclusion on projects

gross

17

Availability of a coupon on acceptance of notification on the start of construction and installation works

significant

18

Provision to the database of the state urban planning cadastre of information on decisions on construction, expansion, technical re-equipment, modernization, alteration, restoration and overhaul of buildings, constructions, structures, engineering and transport communications, also engineering preparation of the territory, improvement and landscaping, conservation of construction sites ( facilities), carrying out a set of works on post-utilization of urban facilities

significant

19

Provision to the database of the state urban planning cadastre of information on the conclusions on the expert examination of projects, state and interstate including

significant

20

Compliance of the license for the right to carry out the performed types of works, including categorization of the licensed architectural, urban planning and construction activity

gross

21

Availability of certified experts carrying out technical supervision and their inconsistency in the responsibility levels on the object

gross

22

Availability of certified experts carrying out design (author’s) supervision and their inconsistency in terms of the responsibility levels of the object

gross

23

Compliance of the completed (current) construction and installation works, used building materials (products, structures) and equipment with approved design solutions and state (interstate) standards, including ensuring the strength, stability, reliability of bearing and enclosing structures and operational qualities of buildings (structures)

gross

24

Carrying out of acceptance control at the facility

gross

25

Timely and proper execution of executive documentation

insignificant

26

Existence of control over execution by the contractor of the instructions of architectural (author’s) and technical supervision

significant

27

Ensuring execution of the state architectural-construction control and supervision bodies’ orders

significant

28

Compliance with the warranty period proposed by the contractor during the tender process in accordance with the period indicated in the contract

significant

29

Carrying out of suspension of the production of works when they deviate from the design (design and estimate) documentation and regulatory requirements, and also from the terms of the concluded construction contract

gross

30

Presence of approvals and supporting documents when making changes to the approved project documentation

gross

31

Compliance with the procedure for acceptance (commissioning) of objects into operation: acceptance and commissioning of the constructed object when it is fully ready in accordance with the approved project and availability of a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed work with the approved project;
establishment and documentary confirmation of the readiness of the completed construction object; signing of the act of acceptance of the object into operation shall be carried out after final inspection of the object and compliance with the requirements; acceptance of the object into operation after the contractor (general contractor) has eliminated violations of the approved design solutions and state (interstate) standards in the existence of negative conclusions; directing information to state bodies for taking measures upon receipt of the conclusion of the design and (or) technical supervision on the unsuitability of the object for operation or poor-quality performance of construction and installation works; sending the act of acceptance of the object into operation to the joint-stock company State corporation "Government for Citizens" within one day after approval.

gross

32

Observance of the established and documentary confirmation of the readiness of the completed construction object by the participants in the acceptance of the constructed object into operation

gross

33

Observance of the obligations by the participants in the acceptance of the object into operation in terms of assessing the conformity of the completed construction and installation works and installed technological, engineering or other equipment approved in the established manner of design (design and estimate) documentation with regulatory requirements (conditions, restrictions)

significant

34

Carrying out by the customer of acceptance of the object into operation after receipt from the contractor (general contractor) of a written notification of the object's readiness for commissioning

significant

35

Presence of the customer’s request from the date of receipt of notification from the contractor (general contractor) on the readiness of the facility, to the contractor (general contractor) and persons carrying out technical and architectural supervision to provide a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed works with the project

significant

36

Observance by the contractor (general contractor) and persons carrying out technical and author’s supervision of the requirement to submit, within three working days from the date of receipt from the customer of the request on providing a declaration of conformity, a conclusion on the quality of construction and installation works and compliance of the performed works with the project, or negative conclusions

significant

37

Conducting check of the executive technical documentation for availability and completeness, inspection and acceptance of the object into operation according to the relevant act on the basis of the declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed works with the project together with the contractor (general contractor), persons carrying out technical and author’s (design) supervision

significant

38

Elimination of identified violations of approved design solutions and state (interstate) standards, and also in the existence of negative conclusions, acceptance of the object into operation after the contractor (general contractor) has eliminated violations as prescribed by law

significant

39

Compliance with the forms of conclusions on the quality of construction and installation works and compliance of the performed works with the project, declaration of conformity, act of the object acceptance into operation

significant

40

Execution of previously issued instructions to the construction body

gross

3. Existence of confirmed complaints and claims.

41

Existence of a confirmed complaint or claim of an individual or legal entity

gross

4. Findings of official internet resources analysis of the state bodies, mass media.

42

Existence of official reports in the media on violations in the architectural, urban planning and construction activity

gross


  Appendix 2
to the joint order of the
Minister for Investments and
Development of the
Republic of Kazakhstan No. 757
dated October 31, 2018
and the Minister of National
Economy of the
Republic of Kazakhstan No.52
dated October 31, 2018

Checklist in the field of architecture, urban planning and construction in relation to the architecture and urban planning bodies

      Footnote. Appendix 2 - as amended by the joint order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 496 dated 26.09. 2020 and the Minister of National Economy of the Republic of Kazakhstan No. 70 dated 28.09. 2020 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      State body that appointed the inspection _______________________________________

      _________________________________________________________________________

      Act on appointment of inspection/preventive control and supervision with a visit to the subject

      (object) of control and supervision_____________________________________________

      _________________________________________________________________________

                                    No., date

      Name of the subject (object) of control and supervision __________________________

      _________________________________________________________________________

      (individual identification number), business identification number of the

                        subject (object) of control and supervision

      _________________________________________________________________________

      _________________________________________________________________________

      Location address _________________________________________________________

      _________________________________________________________________________


 №

List of requirements

Required

Not required

Complying with requirements

Not complying with requirements

1

2

3

4

5

6

1

Keeping records of acts of objects acceptance into operation, also objects (complexes) that are being put into operation





2

Availability of master plan projects for the cities of republican status, the capital, cities of oblast status and rural settlements of the Republic





3

Availability of projects of detailed plannings for the cities of republican status, the capital, cities of oblast status, and rural settlements of the Republic





4

Compliance with the division of territories into functional zones





5

Compliance with the red lines





6

Compliance with the yellow lines





7

Compliance with the building regulation line





8

Compliance with the concept of a single architectural style envisaged for the capital, cities of republican and oblast status





9

Compliance with urban planning requirements when preparing decisions of local executive bodies on granting to the applicant a corresponding entitlement to the land site





10

Compliance with urban planning requirements when preparing decisions of local executive bodies on reconstruction, re-development, alterations of premises (individual parts) of existing buildings (structures)





11

Compliance with requirements for approval of the sketch (sketch design) for construction





12

Monitoring of objects and complexes under construction (planned for construction)





13

Compliance with the term for considering an application for the design of technically and (or) technologically simple objects: for the issuance of an architectural and planning assignment and technical specifications no more than 6 (six) working days, except for the cases of a motivated refusal, when the term does not exceed 5 (five) working days from the date of submitting an application





14

Compliance with the term for considering an application for the design of technically and (or) technologically complex objects: for the issuance of an architectural and planning assignment and technical specifications no more than 15 (fifteen) working days, except for the cases of a motivated refusal, when the term does not exceed 5 (five) working days from date of submitting an application





15

Issuance of an architectural and planning assignment





16

Execution of previously issued instructions to the architecture and urban planning body





17

Provision to the database of the state urban planning cadastre of information on master plans of settlements, plans on zoning of the territory, plans for detailed plannings, improvement and landscaping projects, and other planning projects





18

Provision to the database of the state urban planning cadastre of information on red lines and building regulation lines





19

Provision to the database of the state urban planning cadastre of information on the agreed draft designs
 






      Executive official (s) _______________________________________________

                                                      position

      _________________ _________________________________________________________

            signature                   full name

      __________________________________________________________________________

                                    position

      _________________ _________________________________________________________

            signature                   full name

      Director of the subject of control and supervision ____________________________________________________________________________

                                          position

      _________________ _________________________________________________________

            signature                   full name

  Appendix 3
to the joint order of the
Minister for Investments and
Development of the
Republic of Kazakhstan
dated October 31, 2018 No. 757
and the Minister of National
Economy of the
Republic of Kazakhstan
October 31, 2018 No. 52

Checklist in the field of architecture, urban planning and construction in relation to state architectural-construction control and supervision bodies

      Footnote. Appendix 3 - as amended by the joint order of the Minister of industry and infrastructure development of the Republic of Kazakhstan dated 28.04.2020 No. 240 and the Minister of national economy of the Republic of Kazakhstan dated 30.04.2020 No. 34 (effective ten calendar days after the date of its first official publication).

      State body that appointed the inspection

      __________________________________________________________________________

      __________________________________________________________________________

      Act on appointment of inspection/preventive control and supervision with a visit to the subject

      (object) of control and supervision_______________________________________________________________________________________________________________________________________________________ No., date

      Name of the subject (object) of control and supervision_______________________________________________________________________

      __________________________________________________________________________

      (individual identification number), business identification number of the subject (object of) control and supervision _______________________________________________________________________________ _______________________________________________________________________________

      Location address __________________________________________________________ ________________________________________________________________________________


List of requirements

Required

Not required

Meets requirements

Does not meet requirements

1

2

3

4

5

6

1

Compliance with the procedure for receiving notification on the start of construction and installation works





2

Drawing up an act of disagreements, if any, between the applicant and employees of the state architectural-construction control and supervision





3

Availability of approved (reapproved) design (design and estimate) documentation for under construction and constructed objects





4

Availability of projects expertise conclusion





5

Availability of the corresponding right to a land plot





6

Availability of a coupon about the acceptance of notification on the start of construction and installation works





7

Compliance of the completed (in progress) construction and installation works, used building materials (products, structures) and equipment with approved design solutions and state (interstate) standards, including ensuring the strength, stability, reliability of bearing and enclosing structures and operational qualities of buildings (structures) )





8

Availability of a license for the right to carry out the relevant types of works and inconsistency of the category of licensed architectural, urban planning and construction activities





9

Compliance with the requirements for engaging in exploration activities in terms of presence in the staff of at least one engineer and technical worker who has an appropriate higher professional education and work experience





10

Compliance with the requirements for engaging in exploration activities in terms of availability of a production base on the basis of ownership (economic management or operational management) and (or) lease





11

Compliance with the requirements for engaging in exploration activities in terms of availability of a minimum material and technical equipment on the basis of ownership (economic management or operational management) and (or) lease





12

Compliance with the requirements for engaging in exploration activities in terms of availability of instructions approved by the applicant (licensee) on the quality control system governing the proper performance of works and quality assurance (standard control, quality control of works production)





13

Compliance with the requirements for engaging in exploration activities in terms of availability of the rules and instructions on the labor protection and safety system approved by the applicant (licensee) with attachment of documents confirming training of a responsible engineer and technical worker





14

Compliance with the requirements for engaging in project activities for category III licensees in terms of presence in the staff of at least one certified engineering and technical worker who has an appropriate certificate for the profile of works included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





15

Compliance with the requirements for engaging in project activities category III licensees in terms of availability of administrative and utility premises on the basis of ownership (economic management or operational management) and (or) lease





16

Compliance with the requirements for engaging in project activities for category III licensees in terms of availability of software that allows to carry out calculations, compilation and execution of graphic and other materials necessary for the declared subspecies of the licensed type of activity





17

Compliance with the requirements for engaging in project activities for category II licensees in terms of presence in the staff of at least one certified engineering and technical worker who has an appropriate certificate for the profile of works included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





18

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of administrative and utility premises on the basis of ownership (economic management or operational management) and (or) lease





19

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of software that allows to carry out calculations, compilation and execution of graphic and other materials necessary for the declared subspecies of the licensed type of activity





20

Compliance with the requirements for engaging in project activities for category II licensees in terms of the licensee’s relevant work experience for at least five years





21

Compliance with the requirements for engaging in project activities for category II licensees in terms of availability of at least five completed construction projects





22

Compliance with the requirements for engaging in project activities for category I licensees in terms of presence in the staff of at least one certified engineering and technical worker who has an appropriate certificate for the profile of work included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





23

Compliance with the requirements for engaging in project activities for category I licensees in terms of availability of administrative and utility premises on the basis of ownership (economic management or operational management) and (or) lease





24

Compliance with the requirements for engaging in project activities for category I licensees in terms of the availability of software that allows to carry out calculations, compilation and execution of graphics and other materials necessary for the declared subspecies of the licensed type of activity





25

Compliance with the requirements for engaging in project activities for category I licensees in terms of the licensee's relevant work experience for at least ten years





26

Compliance with the requirements for engaging in project activities for category I licensees in terms of availability of at least ten completed construction projects





27

Compliance with the requirements for construction and installation works for category III licensees in terms of presence in the staff of at least one certified engineer and technical worker who has an appropriate certificate for the profile of works included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





28

Compliance with the requirements for construction and installation works for category III licensees in terms of availability of a production base on the basis of ownership (economic management or operational management) and (or) lease





29

Compliance with the requirements for construction and installation work for category III licensees in terms of availability of a minimum material and technical equipment on the basis of ownership (economic management or operational management) and (or) lease





30

Compliance with the requirements for construction and installation works for category II licensees in terms of presence in the staff of at least one certified engineer and technical worker who has an appropriate certificate for the profile of works included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





31

Compliance with the requirements for construction and installation works for category II licensees in terms of the availability of a production base on the basis of ownership (economic management or operational management) and (or) lease





32

Compliance with the requirements for construction and installation works for category II licensees in terms of availability of minimum material and technical equipment on the basis of ownership (economic management or operational management) and (or) lease





33

Compliance with the requirements for construction and installation works for category II licensees in terms of the relevant work experience of the licensee for at least five years





34

Compliance with the requirements for construction and installation works for category II licensees in terms of availability of at least five completed construction projects





35

Compliance with the requirements for construction and installation works for category I licensees in terms of presence in the staff of at least one certified engineer and technical worker who has an appropriate certificate for the profile of work included in the requested subspecies of the licensed type of activity and working on a permanent basis with the applicant





36

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of a production base on the basis of ownership (economic management or operational management) and (or) lease





37

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of minimum material and technical equipment on the basis of ownership (economic management or operational management) and (or) lease





38

Compliance with the requirements for construction and installation works for category I licensees in terms of appropriate work experience of the licensee for at least ten years





39

Compliance with the requirements for construction and installation works for category I licensees in terms of availability of at least ten completed construction projects





40

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation: availability of higher professional education in the relevant sections of urban planning, design and estimate documentation and work experience for the development and (or) examination of the relevant sections of urban planning, pre-design and design estimates documentation for at least five years





41

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the first level of responsibility in terms of load-bearing and enclosing structures: availability of
higher professional education in the field of construction and work experience as an expert for at least five years





42

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the first level of responsibility in terms of engineering networks:
availability of higher professional education in the field of construction and work experience as an expert for at least five years





43

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the first level of responsibility in terms of technological equipment: availability of a higher professional education in the field of construction and work experience as an expert for at least five years





44

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience in the production of construction and installation works for at least three years





45

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of engineering networks: availability of professional education in the field of construction and work experience in the production of construction and installation works for at least three years





46

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of technical supervision for objects of the second and third levels of responsibility in terms of technological equipment: availability of higher professional education in the field of construction and work experience in the production of construction - installation works for at least three years





47

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of architectural supervision for objects of the first level of responsibility in terms of architecture: availability of higher professional education in the field of construction and work experience as an expert for at least three years





48

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of architectural supervision for objects of the first level of responsibility in terms of load-bearing and enclosing structures: availability of a higher professional education in the field of construction and work experience as an expert for at least three years





49

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of architectural supervision for objects of the second and third levels of responsibility in terms of architecture: availability of higher professional education in the field of construction and work experience of project activities for at least five years





50

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert of architectural supervision for objects of the second and third levels of responsibility in terms of load-bearing and enclosing structures: availability of higher professional education in the field of construction and work experience in the design activity for at least five years





51

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert for a technical survey of reliability and stability of buildings and structures: availability of higher professional education in the field of construction and work experience in project activities in calculation and design specialization for at least three years, or work experience as an expert in this area for at least five years





52

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation for environmental impact assessment: availability of higher professional education in the relevant section and work experience for at least five years or with a higher professional education and work experience in the development and (or) examination of ecological part of urban planning, pre-design and design estimates documentation for at least ten years





53

Compliance with the Rules for certification of experts carrying out expert works and engineering services in the field of architectural, urban planning and construction activities when issuing a certificate to an expert in the examination of urban planning, pre-design and design estimates documentation in the field of sanitary and epidemiological welfare of the population: availability of higher medical education of a sanitary and epidemiological profile and work experience in the examination of the relevant section of urban planning, pre-design and design estimates documentation for at least five years





54

Providing settlements with optimal conditions and means of access for people with disabilities and other low-mobility groups to workplaces, common areas, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type of settlement and conditions of this area





55

Availability of a certificate of accreditation of legal entities carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility





56

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility: presence of at least three certified experts carrying out technical supervision at objects of the first level of responsibility, including objects of the first level of responsibility - in terms of load-bearing and enclosing structures (at least one expert)





57

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility: presence of at least three certified experts on a permanent basis carrying out technical supervision at objects of the first level of responsibility, including facilities of the first level of responsibility - in terms of engineering networks (at least one expert)





58

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex facilities of the first level of responsibility: presence of at least three certified experts carrying out technical supervision at objects of the first level of responsibility, including objects of the first level of responsibility - in terms of technological equipment (at least one expert)





59

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)





60

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of administrative and utility premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of the premises at the rate of 6 m2 per an employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively





61

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of material and technical equipment, including measuring and control instruments necessary to perform the assigned duties and functions





62

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the first level of responsibility in terms of availability of regulatory, technical and methodological literature necessary to perform the assigned duties and functions





63

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility – in terms of load-bearing and enclosing structures (at least one expert)





64

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility – in terms of engineering networks (at least one expert)





65

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility: presence of at least three certified experts on a permanent basis with a valid certificate of accreditation carrying out technical supervision at objects of the second and third levels of responsibility, including objects of the second and third levels of responsibility – in terms of technological equipment (at least one expert)





66

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)





67

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of administrative and utility premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of the premises at the rate of 6 m2 per an employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively





68

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of material and technical equipment, including measuring and control instruments necessary to perform the assigned duties and functions





69

Compliance of accredited organizations carrying out technical supervision at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements for carrying out technical supervision at technically and technologically complex objects of the second level of responsibility in terms of availability of normative-technical and methodological literature necessary to perform the assigned duties and functions





70

Compliance of accredited organizations carrying out expert works on technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence on a permanent basis of at least three certified experts with a valid certificate of accreditation carrying out technical inspection of the reliability and stability of buildings and structures





71

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence of at least one certified expert in their composition on a permanent basis, carrying out expertise of projects in constructional part specialization





72

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of presence of at least one geodesist engineer (with work experience for at least three years)





73

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of an accredited laboratory on the basis of ownership or involved (on the basis of an agreement)





74

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of administrative premises on the basis of ownership or lease for a period of more than one year, meeting the requirements for the area of the premise at the rate of 6 m2 per an employee, for working disabled people using wheelchairs 5.65 and 7.65 m2, respectively





75

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of material and technical equipment, including measuring and control instruments necessary to perform the assigned duties and functions, as well as computers equipped with licensed software necessary for performing calculations, drawing up and designing graphic and other materials





76

Compliance of accredited organizations carrying out expert works on the technical inspection of the reliability and stability of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility with the established qualification requirements in terms of availability of normative-technical and methodological literature necessary to perform the assigned duties and functions
Organization and conduct of an unscheduled inspection by the bodies of state architectural- construction control and supervision in relation to participants in construction on the basis of an appeal from individuals and legal entities on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan, non- elimination of them shall entail harm to human life and health





77

Submission of a report on the state and progress of an object construction to the body of state architectural and construction control and supervision on a monthly basis by the persons carrying out technical supervision





78

Adoption of administrative measures on the submitted information of persons carrying out technical supervision for unfulfilled or improper execution of their instructions by the contractor (general contractor)





79

Organization and conduct of an unscheduled inspection by the bodies of state architectural- construction control and supervision in relation to participants in construction on the basis of an appeal from individuals and legal entities on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan, non- elimination of them shall entail harm to human life and health





80

Organization and conduct of preventive control and supervision by the bodies of state architectural-construction control and supervision in relation to construction participants





81

Availability of completeness and reliability in acts based on the results of an unscheduled inspection





82

Availability of completeness and reliability in the order on elimination of identified violations based on the results of an unscheduled inspection





83

Availability of completeness and reliability in the resolution on bringing to administrative responsibility based on the results of an unscheduled





84

Availability of completeness and reliability in the protocol on an administrative offense based on the results of an unscheduled inspection





85

Availability of completeness and reliability in the order on elimination of identified violations based on the results of preventive control and supervision with a visit to the subject (object) of control and supervision





86

Execution of previously issued instructions to the body of state architectural-construction control and supervision






      Official (s) ___________________________________________________

      position___________________________________________________________________

      __________________________________________________________________________

      signature surname, name, patronymic (if any)

      ______________________________________position_____________________________

      __________________________________________________________________________

      signature surname, name, patronymic (if any)

      Head of the subject of control and supervision _____________________________________

      position___________________________________________________________________

      _________________________________________________________________________

      signature surname, name, patronymic (if any)

  Appendix 4
to the joint order of the
Minister for Investments and
Development of the
Republic of Kazakhstan No. 757
dated October 31, 2018
and the Minister of National
Economy of the
Republic of Kazakhstan No.52
dated October 31, 2018

Checklist in the field of architecture, urban planning and construction in relation to the construction bodies

      Footnote. Appendix 4 - as amended by the joint order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 496 dated 26.09. 2020 and the Minister of National Economy of the Republic of Kazakhstan No. 70 dated 28.09. 2020 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      State body that appointed the inspection _______________________________________

      _________________________________________________________________________

      Act on appointment of inspection/preventive control and supervision with a visit to the subject

      (object) of control and supervision _____________________________________________

      _________________________________________________________________________

                                          No., date

      Name of the subject (object) of control and supervision ____________________________

      _________________________________________________________________________

      (individual identification number), business identification number of the

      subject (object) of control and supervision

      _________________________________________________________________________

      _________________________________________________________________________

      Location address __________________________________________________________

      ________________________________________________________________________

List of requirements

Required

Not required

Complying with requirements

Not complying with requirements

1

2

3

4

5

6

1

Monitoring and analysis on the reports provided by persons performing technical and author’s supervision





2

Conducting works on the object conservation, including inspection and monitoring of the state of conserved objects for more than 6 months





3

Compliance at the objects where the construction body is the customer, with the requirements of state standards in terms of availability of the corresponding entitlement to the land site





4

Compliance at the objects where the construction body is the customer, with the requirements of state standards in terms of availability of an architectural-planning assignment for the design of the planned object in the established form in accordance with the requirements of the current regulatory documents





5

Compliance at the objects where the construction body is the customer, with the requirements of state standards in terms of compliance with the technical regulations requirements





6

Providing settlements with optimal conditions and means of access for people with disabilities and other low-mobility groups to workplaces, common areas, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type of settlement and conditions of this area





7

Availability of technical conditions for connection to the sources of engineering and utilities provision at the objects where the construction body is the customer





8

Compliance at the objects where the construction body is the customer, with the requirements of state standards in terms of availability of a report on engineering and geological surveys, if the contract does not provide for the performance of engineering surveys





9

Availability of a permit from the relevant organizations for performing works in the area of ​​overhead power transmission lines and communication lines, in the railroad precincts, in the places of underground communications, in areas where land plots located on the construction area are worked by mining operations





10

Availability of a permission from the relevant organizations for temporary use of electricity, gas, water, steam from existing sources during construction period in cities and other settlements in accordance with the construction organization project if the customer does not have their own gas, water, steam and power supply facilities for construction





11

Availability of a permission from the relevant organizations for the forest clearing and trees replanting





12

Availability of a corresponding entitlement to the land site for construction, operation purposes





13

Availability of approved (re-approved) design (design and estimate) documentation





14

Availability of expertise opinion for projects





15

Availability of a coupon on acceptance of notification on the start of construction and installation works





16

Provision to the database of the state urban planning cadastre of information on decisions on construction, expansion, technical re-equipment, modernization, alteration, restoration and overhaul of buildings, constructions, structures, engineering and transport communications, also engineering preparation of the territory, improvement and landscaping, conservation of construction sites ( facilities), carrying out a set of works on post-utilization of urban facilities





17

Provision to the database of the state urban planning cadastre of information on conclusions on the expert examination of projects, state and interstate including





18

Compliance of the license for the right to carry out the performed types of works, including categorization of the licensed architectural, urban planning and construction activity





19

Availability of certified experts carrying out technical supervision and their inconsistency in terms of the responsibility levels of the object





20

Availability of certified experts carrying out author’s (design) supervision and their inconsistency in terms of the responsibility levels of the object





21

Compliance of the completed (ongoing, in progress) construction and installation works, used building materials (products, structures) and equipment with approved design solutions and state (interstate) standards, including ensuring the strength, stability, reliability of bearing and enclosing structures and operational qualities of buildings (structures)





22

Carrying out of acceptance control at the object site





23

Timely and proper execution of executive documentation





24

Existence of control over execution by the contractor of the instructions of architectural and technical supervision





25

Ensuring execution of the orders of the state architectural-construction control and supervision bodies





26

Compliance with the warranty period proposed by the contractor during the tender process in accordance with the period indicated in the contract





27

Carrying out of suspension of the production of works when they deviate from the design (design and estimate) documentation and regulatory requirements, as well as from the terms of the concluded construction contract





28

Availability of approvals and supporting documents when making changes to the approved project documentation





29

Compliance with the procedure for acceptance (commissioning) of objects into operation: acceptance and commissioning of the constructed object when it is fully ready in accordance with the approved project and availability of a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed work with the approved project;
establishment and documentary confirmation of the readiness of the completed construction object; signing of the act of acceptance of the object into operation shall be carried out after final inspection of the object and compliance with the requirements; acceptance of the object into operation after the contractor (general contractor) has eliminated violations of the approved design solutions and state (interstate) standards in the presence of negative conclusions; sending information to state bodies for taking measures upon receipt of the conclusion of the author's and (or) technical supervision on the unsuitability of the object for operation or poor-quality performance of construction and installation works; sending the act of acceptance of the object into operation to the joint-stock company State corporation "Government for Citizens" within one day after approval





30

Observance by the participants in the acceptance of the object into operation of the established and documentary confirmation of the readiness of the completed construction object





31

Observance by the participants in the acceptance of the object into operation of the obligations in terms of assessing the conformity of the completed construction and installation works and installed technological, engineering or other equipment approved in the established order of design (design and estimate) documentation with regulatory requirements (conditions, restrictions)





32

Carrying out by the customer of acceptance of the object into operation after receiving from the contractor (general contractor) of a written notification of the object's readiness for commissioning





33

Presence of the customer’s request from the date of receipt of notification from the contractor (general contractor) on the readiness of the facility, to the contractor (general contractor) and persons carrying out technical and architectural supervision to provide a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed works with the project





34

Observance by the contractor (general contractor) and persons carrying out technical and author’s supervision of the requirement to submit, within three working days from the date of receipt from the customer of the request on providing a declaration of conformity, a conclusion on the quality of construction and installation works and compliance of the performed works with the project, or negative conclusions





35

Conducting check of the executive technical documentation for availability and completeness, inspection and acceptance of the object into operation according to the relevant act on the basis of the declaration of conformity, conclusions on the quality of construction and installation works and compliance of the performed works with the project together with the contractor (general contractor), persons carrying out technical and author’s supervision





36

Elimination of identified violations of approved design solutions and state (interstate) standards, and also in the existence of negative conclusions, acceptance of the object into operation after the contractor (general contractor) has eliminated violations as prescribed by law





37

Compliance with the forms of conclusions on the quality of construction and installation works and compliance of the performed works with the project, declaration of conformity, act of the object acceptance into operation





38

Execution of previously issued instructions to the construction body





      Executive official (s) _______________________________________________

                                                      position

      _________________ _________________________________________________________

            signature                   full name

      __________________________________________________________________________

                                    position

      _________________ _________________________________________________________

            signature                   full name

      Director of the subject

      of control and supervision ____________________________________________________

                                          position

      _________________ _________________________________________________________

            signature                   full name

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