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Meeting of the Council on protection of the rights of entrepreneurs

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On May 26 at a meeting of the Council on protection of entrepreneurs' rights were discussed several issues of small and medium-sized businesses, as well as organization of the activities of advisory bodies by local authorities.

The first question:

LLP “POLITERM” appealed to NCE RK. It is an investment project "Construction of the plant for production of mineral wool mats and basalt" in Makinsk of Akmola region under the State program of investment development of Kazakhstan "Performance 2020". The implementation of the project will supply Kazakhstani construction market with high-quality and energy-efficient materials, it will increase the proportion of local content in the purchased materials, enhance the competitiveness of domestic products compared to foreign counterparts.

However, a unique facility cannot be implemented within three years due to the actions of "NATD", which should invest in the project. JSC "NATD" has not provided the technical documentation, and in the period from 2010 to 2012 distanced itself from financing of the project, resulting in repeatedly delayed start of the construction work of the project.

In addition, in 2012 as a result of the additional requirements, set out by "NATD", which were not stipulated by the tender documentation, the tender didn’t take place. By the results of the repeated competition it was recommended by JSC "NATD" to select a winner, the company, which didn’t submit correct information about the availability of equipment and didn’t perform the work properly. The process of termination of a contract and the selection of a new contract to be approved by JSC "NATD", took the entire construction season of 2013.

Currently, the construction of the facility is being completed. However, after the intervention of the representative of JSC NMH "Baiterek" project is suspended, and there is a real danger of losing the next construction season, as well as the aging of imported technological equipment.

Thus, the above facts of bureaucratic red tape on the part of JSC "NATD", the lack of a constructive dialogue between the parties concerned (LLP “POLITERM”, JSC "NATD"), the problem of organization of the joint project management, excessive intervention of JSC "NATD" in management and economic activities of LLP “POLITERM” led to a substantial rise in the cost of the project and lack of funds for its implementation.

It should be noted that similar problems occur to many other investment projects, which were attended by JSC "NATD".

To assist in the protection of the rights and legitimate interests of entrepreneurs, NCE RK plans:

- Send an appeal to the JSC "National Holding" Baiterek "and the Minister for Investment and Development of Kazakhstan - Investment Ombudsman Isekeshev S.A. to assist in the implementation of the investment project of LLP “POLITERM”.

- In conjunction with the Prosecutor General Office to conduct an audit of JSC "NATD" for compliance with the legislation of the Republic of Kazakhstan.

During the meeting was also discussed the problem of LLP "mini-bakery" Tatiana", which in 2005 received a loan at JSC "BTA Bank" with an interest rate of 18% per annum. It should be noted that in 2005, the entrepreneur had to address to the court with a claim on Karaganda-Zharyk in connection with the refusal of re-registration of technical conditions for electricity supply for the pre-existing power limit of 121 kW, purchased for a bakery building within the kindergarten. Litigation lasted until 2006. In connection with a reduction in demand for products, and other circumstances the entrepreneur filed to repay the bank loan in 2009, after that the amount of debt has increased.

In 2011, the Bank has included a bakery in the program "Business Road Map - 2020" in the second direction "Improvement of the business sector". Under the contract the subsidies were granted for 3 years from 02.03.2011 till 02.28.2014, the monthly premium amounted to 1 600 000 tenge. However, for unknown reasons, the entrepreneur has not received subsidies for several months (January and February 2014) in the amount of 1,630,779 tenge. From 2011 to 2014 the loan was repaid without delinquency. After the merger of Kazkommertsbank with BTA Bank was carried out refinancing, to the principal debt was added another amount of 33,404,685 tenge, monthly installment totaled 2 400 000 tenge, and the debt to the bank is currently 163 million tenge.

Currently, the bank send a notice to the partnership on selling its property through the auction (building a bakery, two apartments are pledged).

The Council recommended that the Chamber of entrepreneurs of Karaganda region to assist in the rehabilitation and restructuring of the enterprise’s bank loan.

In September 2014 LLP “ILNO Group” addressed to NCE RK with a request to assist in the suspension of the tender procedure, during which was planned the sale of the property of the partnership, because of disagreement with the assessment of the real estate carried out by JSC "Investment Fund of Kazakhstan", according to which the total market value of the partnership is 9,264,435 US dollars. At the same time, the market value of the company's assets only in September 2012 exceeded 21 million US dollars (according to the suit of the prosecutor of Almaty region and assessment report dated by 27.01.2011).

Thus, in accordance with the terms of the loan agreement, JSC "Development Bank of Kazakhstan" took over the obligation to provide to LLP “ILNO Group” cash in the amount of 10,372,906 US dollars, but only 9 441 609.79 tenge was allocated.

As a collateral, the partnership has provided equipment worth over 23 million US dollars.

Currently, the project of LLP “ILNO Group” according to the contract of assignment was transferred from the Bank to JSC "Investment Fund of Kazakhstan".

The partnership spend the loan on implementation of the project "Production of steel joist webs", the readiness of the project is 93%. To launch it the partnership needs additional financing of the remaining amount of $ 1 million. US dollars, which would ensure the repayment of loans, and fees.

Instead of that, the mortgaged property of LLP “ILNO Group” in the form of equipment and buildings is being sold through the auction. So, in Ust-Kamenogorsk at an auction was sold the property in the form of a shop and a shopping center, now the entrepreneur is taking steps to appeal the results of the auction.

It should be noted that the measures taken by the partnership managed to prevent bidding by private bailiffs of Almaty region, by decision of Taldykorgan City Court dated by 12.04.2014, the reports on the evaluation of movable, immovable property of LLP “ILNO Group” were declared invalid.

Today, the question remains unresolved regarding the restructuring of the loan, as well as the suspension of enforcement proceedings.

However, LLP “ILNO GROUP”, despite the difficulties, taking steps to run the plant. Thus, the partnership has signed with LLP "Kazakhstan Enersistem" the Memorandum on joint activities in the implementation of the investment project.

The Council recommended that the Department on legal protection of entrepreneurs NCE RK "Atameken" provides the necessary assistance to entrepreneurs in defense of its rights and legitimate interests.

Secretariat of the Council must report on the results of the work on the problems of LLP “ILNO GROUP” at the next meeting of the Council on protection of the rights of entrepreneurs in October 2015.

The National Chamber of Entrepreneurs draws attention of financial institutions and organizations, designed to assist business development in Kazakhstan, not to forget that they should be partners to business, and not take advantage of entrepreneurs ‘financial failures.

During the consideration of the second topic of the agenda, it was proposed to define officially the concepts of consultative advisory bodies and the Commission, as the decisions made consultative advisory bodies are of advisory nature, while the Commission's decisions are enforceable.

Activities of the Regional Chambers of entrepreneurs in the compositions of CAB are not regulated, so the business community cannot effectively participate in the CAB. Decisions adopted by CAB in many cases are declarative in nature, their implementation is not monitored by anyone, no statistics. The work of CAB is conducted formally, there is no single state agency that monitors the activities of CAB.

The analysis of complaints of entrepreneurs for the entire period of operation of NCE RK showed the largest number of problems and barriers in the following areas: land (granting the right on land ownership or land use); architecture and urban planning; regulation of natural monopolies; grants; privatization of state and municipal property; subsoil use; fighting corruption and others.


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