History of success

20.08.2018

Business - Ombudsman protects Business rights of Atyrau entrepreneurs

Assistance was provided in the revision of the court decision that entered into force

During a personal reception held by the Commissioner for the protection of the rights of entrepreneurs of Kazakhstan Bolat Palymbetov in the city of Atyrau in April this year, LLP "Assel" appealed to him with a request to assist in the revision of the court decision that entered into force.

As follows from the plot of the case, in 1999, the Chairman of the regional land Committee appealed to the then akim of Atyrau region with a request to provide LLP "Assel" in the use of land on the balance sheet of the military unit 23338. The reason for this was the massive felling of trees in the above-mentioned territory. "To protect this site from residents of the nearby village of Akzhar (at that time, the village was not supplied with gas), willfully engaged in the firewood, commander of the military unit, as not is available to any soldier. In addition, this land plot is no longer used by the military unit for its intended purpose, as the need for it disappeared," explained in the appeal.

As a result, in 2000 by the decision of the akimat of Atyrau region LLP "Assel" was granted the right of permanent land use on the land plot, with a total area of 144.8 hectares, for use as a subsidiary farm.

Subsequently, on the basis of the decision of the akimat and the contract of sale of December 25, 2003, this land was granted to LLP "Assel" on the right of private property.

In turn, LLP "Assel" on its obligations to the leadership of the region has taken all possible measures to improve the territory. In particular, the fencing of the territory with an area of more than 5 thousand meters was made. It took more than 50 trucks "KAMAZ" to clean the area from garbage. Were set round the clock security, thus, LLP "Asel" to stop the rampant and indiscriminate felling of trees.

At the same time with the specified actions, the partnership started construction of a greenhouse economy, the area more than 4 thousand square meters, on the Israeli technology of a drip irrigation. It was built a lot of outbuildings, a house. The territory at the expense of the partnership was held utilities. In addition, agricultural machinery, a pumping station and livestock were purchased.

Since 2000, the costs for the organization of part – time farming and other costs exceeded 200 million tenge, more than half of them are Bank loans. All this shows that LLP "Asel" faithfully performed all the obligations to develop the land plot.         

The decision of the Specialized inter-district economic court of Atyrau region to satisfy the claims of the state institution "Akimat of Atyrau" was refused, due to the expiration of the Statute of limitations.

But State Institution "Akim's Office of Atyrau" did not agree with the decision of the court of first instance and appealed to the regional court with an appeal. As a result, the decision of the court of first instance was canceled and a new decision was made to satisfy the claims.

It should be noted that the court decision affected the interests of not only one partnership, but also 15 entrepreneurs. The fact that in 2003, after the transfer of land LLP "Assel" on the right of private ownership, the partnership sold part of the land to entrepreneurs.

Desperate entrepreneurs over 10 years on this earth has carried on business, investing all my time and money, addressed to the address of Ombudsman with the request to assist in the revision of entered into legal force court decision.

According to the results of the legal advice provided to the applicant in the preparation of the petition and participation in its consideration in a higher instance. The decision of the cassation Board in civil cases of the Supreme court of Kazakhstan, the decision of the Atyrau regional court to satisfy the claims of the state institution "Akimat of Atyrau" canceled and upheld the decision of the court of first instance to refuse to satisfy the claims of local Executive bodies for the seizure of land.

Thus, the rights and legitimate interests of entrepreneurs were fully protected through effective interaction between the business Ombudsman, NCE RK "Atameken" and its regional divisions.

 Dana Temirgaliyeva, Atyrau Region

«...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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