History of success

31.10.2017

Business Ombudsman assisted in solving the problem of a kindergarden

1152

Olga Zharkova, director of LLP "ABVGDEYKA" addressed to the Business Ombudsman.

She applied to the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan during his visit to North Kazakhstan region with a request for assistance in the protection of rights and legitimate interests. She was at a personal reception with Bolat Palymbetov. The problem was that the Department of Emergency Situations of Petropavlovsk filed a lawsuit to the court to suspend the activities of the kindergarden.

As it turned out, in April 2017, the DES of Petropavlovsk was subjected to a special order based on the degree of risk of the kindergarden, the subject of which was compliance with the legislation of the RK in the field of civil protection.

Actions of the Department of Emergency Situations of Petropavlovsk were based on the fact that one of the five requirements of the Instruction on the elimination of violations was not executed by the head of this children's institution.

And the reasons for its non-fulfillment was the fact that the building in which the kindergarted is located belongs to another person and the director of LLP "ABVGDEYKA" could not arrange the documentation for the building. The requirement of the supervisory authority was not feasible for the entrepreneur.

At the same time, by the earlier decree of the administrative court LLP "ABVGDEYKA" was levied in the form of a fine in the amount of 226,900 KZT for failure to comply with the order without suspension of activities. Thus, the issue of suspension of activities in connection with this violation has already been the subject of judicial review.

After the intervention of the Business Ombudsman, the Department of Emergency Situations of Petropavlovsk has filed an application to the court to refuse the claim, the proceedings in this case have been discontinued.

«...Domestic business, the so-called national bourgeoisie, should be supported in every possible way, and those who prevent its development by unreasonable inspections, extortions, raids should be strictly punished...»

Statement from the President of Kazakhstan Kassym-Jomart Tokayev at an enlarged meeting of the Government on 15 July 2019

Zhursunov R.M.

Ombudsman for the Protection of the rights of Entrepreneurs of RK

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