Disconnection of water and electricity supplies to business entities by utilities for violations of quarantine can be considered as illegal interference in business activities.

Rustam Zhursunov, the Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan, wrote on his Facebook page about the suspension of electricity and water supply for violations of sanitary requirements.

“Last month, complaints from the owners of public catering facilities in the city of Almaty appeared on the Internet, who were cut off electricity and water for the identified violations of quarantine. Moreover, even the violation itself was absent at one of the facilities. As a result, these facts were worked out by the Almaty office of the business ombudsman, utilities resumed the provision of services, but entrepreneurs for some time dropped out of the city's business life,” the Business Ombudsman said.

He stressed that under the current economic circumstances, such actions by utility providers can significantly aggravate the business situation. Moreover, they can be regarded as illegal interference in business activities.

“In his message to the people of Kazakhstan, President Kassym-Zhomart Tokayev, noted that any illegal interference of state structures in business activities, obstruction of the work of businessmen should be perceived as a grave crime against the state. We have at our disposal acts of utility providers, which indicate that services are suspended "in connection with a violation of quarantine.” We believe that the authorized bodies should give a legal assessment to these actions of public utilities,” Rustam Zhursunov noted.

The Ombudsman for the Protection of the Rights of Entrepreneurs clarified that the suspension of utilities can only be justified by violations by the consumer of the terms of the contract with the supplier. Contracts for the provision of electricity or water supply services do not contain sanctions in the form of suspension of electricity and water supply for violations of sanitary requirements.

Penalties for violations of sanitary requirements are provided for, for example, Article 425 of the Code of Administrative Offenses and Article 304 of the Criminal Code, and the corresponding procedures for bringing perpetrators to justice with the possibility of offenders appealing against acts on bringing them to justice have been legislatively approved.

“Unfortunately, in the city of Almaty, an illegal method of “fight” against quarantine violators is also practiced by turning off water and electricity. Of course, everyone, without exception, must respect quarantine restrictions but any violations must be subject to liability provided for by law. I have already sent a letter to Bakytzhan Abdirovich with a request to orient the employees of the district Akimats of Almaty and utility providers to preventive work and prevent violations of the rights and legitimate interests of entrepreneurs in the form of stopping the provision of utilities,” wrote Rustam Zhursunov.

In the event that entrepreneurs have situations with violation of their rights, the speaker urged to contact the regional offices of the Office of the Business Ombudsman.

Karina Alimova

More details: https://inbusiness.kz/ru/news/za-narusheniya-biznesa-dolzhna-nastupat-otvetstvennost-po-zakonu