State Expertise of Projects for Construction of Facilities and Complexes

State expertise of the documentation for the construction of facilities and complexes is one of the basic forms of the state assessment of the quality of the pre-project and project (design and cost estimates) documentation for the construction of enterprises, buildings and facilities.

The Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Constructional Activity in the Republic of Kazakhstan" determines that the state expertise of the projects is the unified state system, and it is not allowed to duplicate its functions. According to this legislative norm, the Resolutions of the Government of the Republic of Kazakhstan as of 4 April 2005, No. 304 "On approval of the list of state monopolistic entities and areas, in which these entities have monopolistic position" and as of 3 October 2005, No. 991 "On introduction of amendments to the Resolution of the Government of the Republic of Kazakhstan as of 4 April 2005, No. 304", which determined that state expertise of the construction projects belongs to the area of state monopoly and RSE "Gosexpertiza" is included into the list its entities.

Clauses 3 and 4 of "Rules for conducting the expertise of pre-project (feasibility studies) and project (design and cost estimates) documentation for construction irrespective of funding sources, as well as rules for the approval of projects constructed at the expense of state investments” approved by the Resolution of the Government of the Republic of Kazakhstan as of 19 August 2002, No. 918 (with changes and amendments introduced by the resolutions of the Government as of 02.12.2004, No. 1250, as of 16.06.2006, No. 557 and as of 07.07.2006, No. 647), determine that the project appraisal is conducted by individuals and (or) legal entities, which have a respective licence. At the same time, state expertise of projects is conducted by the legal entity authorized by the Government of the Republic of Kazakhstan without a right to carry out any other activity. Expertise of the projects not related to the exclusive competence of state expertise is conducted by the entities, which carry out expert works, accredited non-state expert centres and (or) attested experts.

The legal entity authorized by the Government of the Republic of Kazakhstan to conduct the state expertise of the projects according to the established procedures is included into the list of the organizations subordinate to the authorized agency for architecture, urban planning and construction.

In accordance with the Regulation on the Committee on Construction and Housing-Communal Services under the Ministry of Industry and Trade of the Republic of Kazakhstan approved by the resolution of the Government of the Republic of Kazakhstan, RSE "Gosexpertiza" is included into the list of the organizations subordinate to the Committee.

In accordance with article 64 of Law "On Architectural, Urban Planning and Constructional Activity in the Republic of Kazakhstan", clause 16 of the above mentioned Rule determines that the exclusive competence of the state expertise includes the expertise of the investment justification, feasibility studies and estimates, project documentation (design and cost estimates) for the construction of facilities (complexes):

erected at the expense of the state investments or with their participation, as well as erected without the participation of state investments but stipulating for the share of state property in the amount of the issued products or provided services established according to the legislative procedures;

with regard to the compliance with the state normative requirements for sanitary, ecological, fire-protection and explosion safety, labour protection, reliability of structures, sustainability of functioning potentially hazardous and technically complicated facilities, for access provision for the disabled and slow moving population groups to the facilities of social, transport and recreation infrastructure, irrespective of construction funding sources.

The list of technically complicated construction sites is determined in accordance with the general procedure for referring buildings and facilities to the technically complicated category established by the Government of the Republic of Kazakhstan.

State expertise must be conducted for bidding (tender) documentation for state procurements of the contracting works (services) with regard to large and complicated construction facilities or facilities, the construction of which takes more than six months.