The national chamber of entrepreneurs


"You can’t make beshbarmak from the Chinese noodles!"

20 February 2017 - Kostanay Region
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Kostanay entrepreneurs described the situation that has developed around the companies working in the field of technical supervision, using an outstanding gastronomic metaphor
Pressure from the regulatory authorities made them run around the courts and appeal the audit notification, rather than to monitor the quality of construction works.

The issue was discussed at the meeting of the Council for the protection of the rights of entrepreneurs. On the example of LLP "Nadezhda C", which only over the past year received about nine notifications from the Provincial Department of Architectural Control (Gask). Their essence is that the company is allegedly too demanding for contractors, does not accept the new objects, even if there is documentary evidence from builders about the quality.

Vladimir Semenov called the position of the head of GASK as deceitful, stressing the ultimate correctness of the wording. After all, when it comes to socially important facilities, such as schools, apartment buildings, boilers, the quality is the main criterion. For professionals to identify deviations from the project – is a trifling matter, and no laboratory will argue with facts and figures. So, who is more demanding, in this case, technical supervision or control body, is the big question.

"Why do we have public authority checks when construction has been completed, but when we ask for help in the process of work, you have to wait too long? All notices, we appealed at the Economic Court, the two were found unlawful, for the simple reason that there were no grounds for the inspections, the very essence of audits is made up, broken policies and terms. We are suing for the rest of the facts. We have a feeling that someone is just trying to crush, that's all", - says Vladimir Semenov.

The chairman of the NGO "Union of independent technical supervision experts", Sergei Prikhodko agreed with a colleague. He wondered why in the construction process at least six bodies are involved, but all the dogs, however, are put on companies carrying out technical supervision. That can either be ruined because of the exorbitant fines (only one notification in the amount of 200 MCI), or, at best, to suspend operations for six months. According to him, the problem should be dealt with comprehensively, and at the stage of designing objects.

"How can we build when the project of the building with 60 apartments, has 65 baths, 34 gas stoves and 44 toilets. They say, build the house according to the project! It's not funny when you see that the contractor has not incorporated the materials in the budget. How did this project pass the state examination? We were given a semi-finished product, Chinese noodles. And you can’t make beshbarmak from Chinese noodles! It will not work. I agree, you need to control. But Gask, you are, indeed, for us, "a father", you have all the control, not only the technical supervision. And if there is a claim, they must be justified. After all, there are a lot claims in the field, not only Semenov sues", - said Prikhodko.

The Council has voiced an interesting detail. In 2016, the prosecutor's office has checked Gask and revealed two facts of illegal business inspections and nine of the facts of unjustified involvement in the orbit of the administrative proceedings. But, as it turned out, there are legal grounds to untie the hands of a public authority.

"The law "On architectural, urban planning and construction activities in the Republic of Kazakhstan" provides that the checks are carried out in accordance with the business code. However, Article 140 of the Entrepreneurial Code states that the order of control does not apply to Gask authorities, which means it can carry out checks without registration in Committee of legal statistics and special accounts, in fact, at any time ", - reported the expert of the Regional Chamber of Entrepreneurs Marat Abishev.

In the case of LLP "Nadezhda C" the Council has asked the prosecutor's office to understand separately, and also noted that through NCE it will seek to exclude from the Entrepreneurial Code the right of GASK to carry out inspections without prior registration. Vladimir Semenov, meanwhile, is preparing for another trial.


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