Responsibility of business entities for violation of the Law "On Architectural, urban planning and construction activities in the Republic of Kazakhstan"

Depending on the established violations or deviations from the requirements stipulated by state regulations, the architectural and construction control and supervision bodies take measures against the construction subject in accordance with Chapter 20 of the Code of the Republic of Kazakhstan on Administrative Offenses.

In practice, subjects are often brought to administrative responsibility for the construction (reconstruction, restoration, expansion, technical re-equipment, modernization, overhaul) of an object without appropriate design documentation (Article 316 of the Administrative Code of the Republic of Kazakhstan), and also do not notify the state architectural and construction control and supervision authorities about the start of construction and installation works (Article 316 of the Administrative Code of the Republic of Kazakhstan). 463 Administrative Code of the Republic of Kazakhstan).

Article 316 of the Administrative Code of the Republic of Kazakhstan – Part 1 "Construction (reconstruction, restoration, expansion, technical re-equipment, modernization, overhaul) of facilities and their complexes without design (design and estimate) documentation or according to design (design and estimate) documentation that has not passed due diligence, except for the requirements established by technical regulations", provides for a fine in the amount of 120 MCI to 580 MCI, depending on the category of the subject. However, in case of repeated violation of this article (i.e. part 2) during the year, a fine is provided in the amount of 160 MCI to 1000 MCI with the suspension of construction and installation work.

For the current year 2023, 69 administrative proceedings were initiated under this article.

Article 463 of the Administrative Code of the Republic of Kazakhstan – Part 1 "Engaging in entrepreneurial or other activities, as well as performing actions (operations) without registration, authorization, as well as non-notification in cases where registration, authorization, notification is mandatory, if these actions do not contain signs of a criminally punishable act" -

- entail a fine for individuals in the amount of fifteen, for officials, small businesses or non–profit organizations – in the amount of twenty-five, for medium-sized businesses - in the amount of forty, for large businesses – in the amount of one hundred and fifty monthly calculation indices, with or without confiscation of objects and (or) instruments of committing administrative offenses, and engaging in entrepreneurial or other activities without a license additionally entails confiscation of income (dividends), money, securities received as a result of an administrative offense.

For the current year 2023, 22 administrative proceedings were initiated under this article.