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District akimats to pay entrepreneur more than KZT 32 mn
The Court granted the appeal of DSU-13 company with its decision to recover funds for elimination of the consequences of floods, atameken.kz. reports.
After the intervention of the Regional Sector of the Office of the Ombudsman for the Protection of the rights of Entrepreneurs of RK in Almaty region, akimats of Enbekshikazakh and Talgar districts will pay a large construction company DSU-13 JSC in the amount of 32.6 million tenge for works on elimination of the effects of mudflows and floods in rural areas. However, it became possible three years later.
According to the case file, in 2016, due to the rising water level in the rivers of the Enbekshikazakh and Talgar districts, the local executive body declared an emergency situation in several cities and villages. Then the akimat of Enbekshikazakhskiy district wrote to DSU-13 about the need to attract technical equipments and vehicles for liquidation and elimination of the mudflow consequences. The company carried out restoration work after flood damage in the area worth 30,446,205 tenge.
The amount of work performed is confirmed by documents and photograps. However, the construction department began to delay the payment process. Repeated appeals did not give positive results.
Specialized Interdistrict Economic Court of Almaty region denied the DSU-13 company’s claim. In July 2018, the Court of Civil Affairs of the Almaty Regional Court left the decision of the court unchanged. In the courts, the akimat refused to pay money spent on liquidation of the aftermath of emergency, citing the absence of contract.
A similar situation occurred with the akimat of Talgar district. The akimat also refused to pay financial resources to the company in the total amount of KZT 2,178,740 for liquidation of the consequences of floods.
After applying to the Chamber of Entrepreneurs of Almaty region, the case was brought under the control of the Regional Sector of the Office of Ombudsman for the Protection of the rights of Entrepreneurs of RK.
According to the materials, it turned out that the construction department of the Enbekshikazakh district addressed the DSU-13 JSC did not forward the draft contract in a timely manner, which is a violation of the Law “On public procurement”. The court also did not consider the supporting documents on completed work signed by ordering customers.
“After appealing to the court, the Judicial Board on civil cases of the Almaty Regional Court revealed violations committed by the Court of first instance, which influenced the outcome of the case. In this connection, the Board made a new decision calling for the plaintiff's application to be granted. Thus, the local executive body is obliged to pay more than 30 million tenge to the entrepreneur. In the case of the Talgar district akimat, the Specialized Interdistrict Economic Court of the Almaty Region made a decision to satisfy the claim and recover more than 2 million tenge in favour of DSU-13 company,” Kanat Kabdiyev, head of the Regional Sector of the Office of Ombudsman for the Protection of the rights of Entrepreneurs of RK, said.
Thus, akimats are obliged to pay to the entrepreneur funds in the amount of over 32 million tenge.