JUSTIFICATION OF DEVELOPMENT AND ADOPTION OF CONSTRUCTION CODE (LEGAL MONITORING RESULTS) IN THE REPUBLIC OF KAZAKHSTAN
Keywords:
legislation, codification, architecture, urban development, constructionAbstract
in Kazakhstan, required prerequisites for creation of the codified act in construction area appeared. It is worth mentioning that the construction legislation is a set of different types of the public relations, closely interrelated. Basis for the construction legislation codification is the Law of the Republic of Kazakhstan dated July 16, 2001, No. 242 "On Architectural, Urban and Construction Activities in the Republic of Kazakhstan". Therefore the main difference of the construction legislation from other legislation branches is a closest interrelation with regulating technical documents. A large number of bylaws and technical documentation complicate the application of construction legislation. That adoption of the new codified act would solve a problem of a significant number of bylaws and technical documentation. Construction legislation has to follow the principles of publicity, transparency and openness, involvement of the population to discussion of significant issues. In this regard, in the construction legislation, the provisions devoted to public hearings on general urban plans and settlements are required. One more important aspect to be reflected within the construction code, in our opinion, is the new mechanism of construction works tender management. Currently, construction company is selected via state procurement where the main criteria of supplier selection is the lowest price. Meanwhile low prices, offered by unscrupulous construction companies, are the main reason of low-quality construction facilities.