The question: building projects, which were under construction in accordance with the old law, but will be accepted into operation in 2016, will be accepted under the new or under the old rules?
In accordance with the Law of the Republic of Kazakhstan №269-V from 29.12.2014 «Concerning the introduction of amendments and additions to certain legislative acts regarding massive improvement of conditions for business activity in the Republic of Kazakhstan» (hereinafter referred to as “The Law”) procedure for accepting facilities into operation was changed considerably. This amendments were brought into force on January the 1st, 2016.
There is no official interpretation of the governmental bodies on the question of how will be accepted into operation building projects, which were under construction before the above mentioned amendments were brought into force.
We will try to analyze this situation from the perspective of legal interpretation of the norms of laws and other legislative acts.
In accordance with the Article 5.1 of the Law of the Republic of Kazakhstan “About the normative acts” (hereinafter referred to as “The Law about NA”) all normative acts have directive action, except as otherwise provided in the legislative acts or in their implementation acts. The directive action means that normative acts and in particular The Law directly extend on all subjects, whom they are addressed, in other words, in our situation it is subjects of construction process.
On the ground of the Article 26 of The Law about NA it is clear that the procedure of the implementation of legislative acts provided by the legislative act or certain laws. In The Law it is said that the norm, which is related to the introduction of amendments in the procedure of acceptance facilities into operation, will be put in force on January the 1st, 2016. It means that starting from this date the new procedure of the acceptance will be operated under all legal relations arising in the sphere of construction.
Consequently, whereas state acceptance commissions and acceptance commissions were disembodied and in The Law there is no exceptions (or special norms) concerning the building projects, which were under construction in accordance with the old rules, it will be logically to make a conclusion that all building projects which will be brought into operation since January the 1st, 2016, will be put into operation in accordance with the new rules.
By that, we suppose that when putting facilities into operation, which were under construction before 01.01.2016, subjects of construction process should follow the rules, established for the procedure of the acceptance from 01.01.2016.
By Artyushenko & Partners lawyers
31.12.2016
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