History of success

13.02.2018

Legal costs will be surcharged from the state authorities

1263

“Nadezhda-S” company from Kostanay proved that extraordinary inspection of public officials is illegal.

State management of architectural –building control officials tried to inspect a company that provided technical supervision in the construction.

Customer complaint was the main reason of inspection. It is believed that the company impedes placing of the units in operation, giving the conclusion with observations.

In this case during extensive repairs of the boiler room in a school of Arka Kamystynsky district, the contractor has deviated from design estimation documentation and has fulfilled the work with spoilage. Particularly it has been found scheme change of pipes fitting in the boiler room, relocation of road of sanitation, leak in welding. It was also found the pressure ratio between the boiler room and heating unit which may cause decreasing of temperature in classes.

“During repairs I sent 19 regulations to the contractor represented by the district department of education and 3 letters to the State management of architectural –building control where I told them about violations”- said the head of the firm Vladimir Semenov.

But State management of architectural –building control came to the “Nadezhda-S” to check how the company brings out a defect and what methods it uses. As it was found, State management of architectural –building control made some tough mistakes in inspection procedure. For example, there was no act of inspection appointment and the inspection was without representatives of the company so the company couldn’t prove the truth.

With the help of business ombudsman office of Kostanay region the entrepreneur instituted proceedings against the authorities. As a result of the trials the act on the results of verification was considered invalid and all legal costs will be surcharged from the state authorities.

Also the court dropped all the administrative charges against the company and its experts for lack of legal components of crime.

It needs to be said that it is not the first trial of the entrepreneur with State management of architectural –building control. The entrepreneur had already addressed to the office of business Ombudsman. As a result, all the notices of inspections were recognized as illegal by the court.

«...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

The blog of the Ombudsman for the Protection of the Rights of Entrepreneurs of Kazakhstan was created for you to have an opportunity to appeal directly to me and I hope that it will contribute to a constructive dialogue between us – send me feedback, share opinions, make suggestions. All your comments without exception will be read by me.

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