Mass media about the Ombudsman

29.06.2017

Complaint control

1371

Kazakhstanskaya pravda 123 (284502)

Experts of the legal block of the Regional Chamber of Entrepreneurs (RCE) organized a meeting with representatives of Kokshetau media, during which they told journalists about the results of their work this year and answered questions.

- We received 182 appeals in our address within the line of business protection, today almost half of them have been solved positively, while the rights of entrepreneurs are protected in the amount of almost 300 million tenge", - Valentina Gerashchenko, deputy director of RCE informed.

She also summed up the main results of working trips to the region by Timur Kulibayev, chairman of the presidium of NCE RK "Atameken", and Bolat Palimbetov, the Commissioner for the protection of the rights of entrepreneurs.

During the expanded meeting of RCE, the emphasis was made on public procurement issues, while it was noted that a significant drawback is the lack of a profile management in the region.

As a result, a decision was made to create a regional structure for state procurement. In the opinion of Valentina Gerashchenko, it will contribute to the optimization of processes and will allow to get away from the corruption component.

- During the trip of the Ombudsman, the number of issues of entrepreneurs was exclusively devoted to pseudo-entrepreneurship, and the Akmola region became the "leader" in the number of appeals. What are the results of these appeals? - journalists asked.

According to Valentina Gerashchenko, the proposal of the National Parliament to exclude the 215th article from the Criminal Code was approved by the Mazhilis of the Parliament. The article is excluded, and bona fide entrepreneurs will now have the opportunity to prove the validity of transactions using all the legal instruments for protecting their rights.

In addition, measures of prosecutorial response have been taken in relation to officials who committed arbitrariness with respect to LLP “Toy Dastarkhan”.

Entrusting the enterprise with an order to conduct an inspection within a month and a half, the tax authorities, without previously notifying, in fact checked the company for a year. The Office of the Prosecutor General sent materials to the Ministry of National Economy on recognizing the inspection as invalid, as well as on bringing to the administrative responsibility a specialist of the regional state revenue department.

- Last year, we held 10 meetings of the Council for the Protection of the Rights of Entrepreneurs, during which 26 systemic problems of business were considered", Rasul Syzdykov, the head of the department for the protection of entrepreneurs' rights and the reduction of admiral barriers said. - For the rapid reaction to the facts of violation of the rights of entrepreneurs and the provision of effective assistance to business, the campaign "The Hour of the Prosecutor" was launched.

Land issues, taxes, ecology and subsoil use - this is an incomplete list of issues that are submitted for broad discussion and which cause the greatest resonance in society.

In the field of transport control, RCE in conjunction with the Department of Agency for Civil Service and Anti-Corruption in the Akmola region conducted an analysis of risks to identify the causes and conditions that contribute to the commission of corruption offenses. In general, complaints are received for abuse of authority by officials, and often situations turn into open conflicts. Answering the questions of journalists concerning land issues, Valentina Gerashchenko complained about a whole layer of problems in this area: the closure of information on the presence or absence of detailed planning projects, the availability of free land plots with the indication of their intended purpose, the uncertainty of the status of decisions of the land commission, the delay in the processing of applications to obtain or extend the right to use land, the non-transparency of the system for granting or withdrawing land plots.

In particular, only after the intervention of the Department of Civil Service Affairs the appeal of SP Demidenko E.A., who complained about the refusal to change the purpose of the land plot, has moved from a dead point.

Now experts are working on proposals to amend the administrative and land codes to strengthen the responsibility of officials for improper performance of their duties, as well as to reform articles that involve the provision or use of land on the basis of draft designs, or by making partial changes to the detailed design documentation (DDD).

«...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

Nurov Kanat Ilyich.

Ombudsman for the Protection of the rights of Entrepreneurs of RK

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Ministry of Foreign Affairs of the Republic of Kazakhstan
Financial Monitoring Agency of the Republic of Kazakhstan
Atameken
The General prosecutor's office of the Republic of Kazakhstan
Legal information system of Regulatory Legal Acts of the Republic of Kazakhstan