History of success

05.09.2019

Akim fined for prevention entrepreneur from obtaining land plot

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The Deputy Director on legal questions of Chamber of entrepreneurs, head of the sector of the Office of the Ombudsman on the protection of the rights of businessmen of RK in Kyzylorda region Salavat Kulmakhan informed about this.

As Salavat Kulmakhan noted, that many amendments to land legislation have been introduced in recent years, which accurately regulate the terms of consideration of references and granting of the property right to the land plot by the authorized bodies.

However, there are violations by local executive bodies despite the requirements of the legislation.

For example, the Medeubaeva IE appealed to the Chamber of Entrepreneurs of Kyzylorda region on the actions of the Akimat of Aiteke Bi settlement, Kazalinsk district.

According to the appeal of Medeubaeva IE, on November 7, 2018, the protocol decision of the commission on granting the right to the land plot of the Akimat of Aiteke Bi settlement to the land plot with the area of 990 square meters provided an additional land plot. Later, on May 17, 2019, the Kazaly District Department of Land Relations issued an order on approval of the land management project. 

In accordance with the requirement of paragraph 7 of Article 43 of the Land Code, the decision of the local executive body to grant the right to the land plot is made within 7 working days from the date of receipt of the land use project approved by the relevant authorized body and having a positive conclusion of the land commission.

Despite the positive conclusion of the land commission and the approved land use project, the Akimat of Aiteke Bi settlement refused to grant the right to the land plot.  

The Chamber of Entrepreneurs of the Kyzylorda region addressed to the Department for control on the use and protection of lands of the Kyzylorda region with an indication of violations of law by the Akimat of Aiteke Bi settlement.

"According to the appeal of Medeubayeva IE, the Department for Control over the Use and Protection of Lands of Kyzylorda region carried out an inspection at the Akimat of Aiteke Bi settlement, which resulted in a fine of 75,750 tenge (30 MCI) imposed on Muratbaeva, the Akim of Aiteke Bi," Salavat Kulmakhan said.

Read more: https://atameken.kz/ru/articles/32916-v-kyzylordinskoj-oblasti-akimu-prepyatstvovavshemu-predprinimatelyu-v-poluchenii-zemel-nogo-uchastka-nalozhen-shtraf

«...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

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