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Common sense approach should be applied in land withdrawal - Timur Kulibayev

14 March 2019
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The akimats had violated the principle of provision of land, they provided land without bidding.  2.5 thousand violations were registered for 4 years. Such figures were announced during a meeting in the Supreme Court with the participation of chairman of the Atameken Presidium Timur Kulibayev and chairman of the Supreme Court of the Republic of Kazakhstan Zhakip Assanov.

The entrepreneurs are appealing to the Atameken that the court allowed to withdraw the land plots due to their provision without bidding. In almost all cases, withdrawal means damage to a business or its closure. Several high-profile examples of land withdrawal in the Akmola and Kostanay regions have been cited at the meeting.

 “The state allocates substantial funds to support business: industrial zones are created, money is invested in infrastructure ... What is the fault of the entrepreneur? He builds everything himself, does not ask anything from anyone, and then everything is taken from him, in fact he is bankrupt. The economy will not develop normally in such condition.  The common sense approach should be applied when the court makes decisions whether to withdraw the land plot or not. Indeed, if the land plot has not been mastered for a long time, then this is a reason to withdraw it. If a company has already built an enterprise that meets all the requirements and standards, it should be put into operation. In addition, the court should evaluate the officials’ performance. The officials are not responsible for provision of land with violations although entrepreneurs suffer,” Timur Kulibayev said.

Timur Kulibayev is convinced that the officials should be more responsible for the damage caused to business. After all, even when the court makes a decision in favor of the business, it is extremely difficult for entrepreneurs to pay damages from the budget.

 “It is necessary to optimize these procedures, to combine in one proceeding: review of acts of state authorities and the compensation of damage by state authorities. As of today, unfortunately, no one speaks about the responsibility of state executives with regard to business, and this is a serious omission. If the officials were responsible, they would think ahead of the consequences. Laws are written to ensure the development of the country, the economy and life becomes better but not complicated,” Timur Kulibayev said.

As a result, the chairman of the Supreme Court of the Republic of Kazakhstan Zhakip Assanov instructed to address the land issue as soon as possible. The result of the forthcoming work should be the development of proposals to amend the relevant regulatory decisions of the Supreme Court.


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