The creation of the Eurasian Economic Union in 2015 led to the development of political, customs and other relations between the Republic of Kazakhstan and such countries as the Russian Federation, the Republic of Armenia, the Republic of Belarus, and the Kyrgyz Republic.
Consider in more detail the issue of the possibility of recognizing licenses for construction and assembly work issued by the above countries in the Republic of Kazakhstan.
It is worth noting that there is a Decree of the Government of the Republic of Kazakhstan of April 7, 2000, on the approval of the Agreement on the reciprocal recognition of licenses for construction activities issued by the licensing authorities of the States Parties to the Commonwealth of Independent States. However, in practice, this Agreement needs to be implemented in connection with which legal entities of the countries listed above are issued construction licenses in the same manner and on the same grounds as legal entities of the Republic of Kazakhstan.
On this issue, we asked the Committee on Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan and received the following answer:
"Licensing in the field of construction in the territory of the Republic of Kazakhstan is carried out following the Law On Permits and Notifications (hereinafter referred to as the Law) and the Law On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan.
So according to Clause 2 of Article 20 of the Law: "Foreigners, stateless persons and foreign legal entities receive permits and send notifications on a par with citizens and legal entities of the Republic of Kazakhstan unless otherwise provided for by the laws of the Republic of Kazakhstan and international treaties."
More details on the procedure for issuing a license in the field of architecture, urban planning and construction are regulated by the Rules for the Provision of State Services, approved by order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated April 1, 2020 No. 175.
Also, by order of the Minister of National Economy of the Republic of Kazakhstan No. 136 of 09.12.2014, unified qualification requirements were established in the architectural, urban planning and construction activities, imposed both for individuals and legal entities and for foreign companies. "
Thus, there is no legally established procedure for recognizing foreign construction licenses on the territory of the Republic of Kazakhstan. Legal entities receive licenses, including construction licenses, on a par with legal entities of the Republic of Kazakhstan, that is, in the same order and on the same grounds.
Prepared by Junior Lawyer
Mariyam Tazhimbet
January 11, 2023
