04^th of July 2017 – Almaty region

The akimat demanded to return the land plots to state ownership

The trial between entrepreneurs and the Office for Control over the Use and Protection of Lands of the Almaty Region was resolved in favor of the former. The story began with the issuance of instructions from the state body. In March, the director of SP "Strakhova V.M." Valentina Strakhova received two orders from the management with the demand to eliminate violations of land legislation, that is, to use the site for the intended purpose. On the same day, the entrepreneur receives a notification of the forthcoming inspection. The state agency issues the instruction to SP "Strakhova V.M." about elimination of violations of the tax legislation. However, at that time Valentina Strakhova was the owner of the land plot. In addition, there were impositions on this land plot, in connection with which, in March, an application was made to restore the boundaries of the land plot. Earlier, the department of architecture of the Ili district refused to grant SP the architectural and planning documentation (APD). In this regard, the entrepreneur could not use this site in any way.

And the basis for the order were letters from the office of the akim of the settlement of Boraldai of the Ili district, which suspected SP in not using the site in whole and asked to consider the issue of the return of these land plots to state property. But the entrepreneurs had their own opinion on the actions of the state body. Experts of the Chamber of Entrepreneurs of the Almaty region advised Valentina Strakhova and Mikhail Strakhov to file a lawsuit.

In the course of the proceedings, the Specialized Interdistrict Economic Court of the Almaty region found that the use of the land plot for its intended purpose was not possible for the entrepreneur. According to the department of land cadastre and technical survey of the real estate of the branch of the non-commercial JSC State Corporation "Government for Citizens" on the land plot, there are overlaps of other land plots on which the buildings are erected. According to the court, these circumstances could be established by the authorized body in the case of a survey, or a request to the competent authorities. However, the state body did not bother to send a request for clarification of the circumstances.

"The arguments of the representative of the akim of the rural district, that these imputations have arisen in view of the owner's failure to use this land plot, can not be taken into account. Due to the norms of the legislation in force both at the time of the emergence of the law and the current legislation, the local executive body had to first solve the issue of seizure of the land plot, and in the future to provide the given land plot to another land user", - the court stated.

In addition, the court drew attention to the illegality of the actions of the Department of Architecture and Urban Planning of the Ili district, which refused to issue the architectural and planning documentation to SP. Because of such actions, the owner of the land plot did not have the actual opportunity to proceed with the construction of the facility due to the banned by the architectural authorities.

"The authorized body for monitoring the use and protection of land could also identify these circumstances when sending a request to the district department of architecture. However, these actions were not carried out, which indicates the prematureness of the direction of the order", - the decision states.

Also, it became known that in the database there is no registration of encumbrances of the written out prescriptions.

Thus, the Specialized Interdistrict Economic Court of Almaty region canceled and recognized unlawful orders of the department for control over the use and protection of land and ordered to eliminate the committed violations.

Source: http://palata.kz