COPYRIGHT CONFLICTS IN THE INTRODUCTION OF A STATE BANK OF CONSTRUCTION PROJECTS IN THE REPUBLIC OF KAZAKHSTAN

Abstract

At introduction of Rules of formation and conducting of the state bank of construction projects in the Republic of Kazakhstan collisions with the current legislation of the Republic of Kazakhstan arise, some of which are considered by the author for the purpose of protection of the rights of subjects participating in this sphere. At designing and construction of objects at the expense of the state investments and means of subjects of quasi-public sector arises set of questions concerning appreciation of the estimated cost of construction, in this connection in the Republic of Kazakhstan enter the state bank of the designs of construction for the purpose of reuse of the designs kept in electronic archive. The challenge is to determine what is necessary to implement the design estimates for re-use and what legislation is in place on this issue. At the moment the Republic of Kazakhstan is completing the transition to parametric design with the possibility of voluntary and recommendatory use of regulations in the field of construction. The introduction of a state bank of construction projects sets a slightly different course of action in this area and makes the transition to parametric design more difficult due to several factors. The main factor hindering the full transition to parametric design is the adherence to the traditional generic design method, which does not contribute to the full implementation of new scientific developments, technical solutions and innovations in design and construction. Despite the high purpose of creating a state bank of construction projects it brings to practice some inconveniences that will be given in this article. A brief summary of statistics in the construction industry and a historical background to the application of generic solutions during the Soviet Union will be given. Practices in the CIS countries are analysed and interpreted. The conclusions of the analysis and interpretation are compared with the practice in the territory of the Republic of Kazakhstan. On the basis of the given analysis of collisions and interpretation of the legislative base and judicial practice the offers for protection of the rights of subjects of branch and improvement of the given system are given.