Half a billion tenge for ... manure?
Lawyers of the National Chamber of Entrepreneurs of RK "Atameken" are forced to dig the systemic problems that have accumulated through the fault of the legislators.
A fine of four hundred times more than the amount required by the law was imposed on a businessman from East Kazakhstan. Department of Ecology of EKO imposed a fine on the company - 460 095 435 tenge. The subject of the violation was stockpiled manure, which for a while is listed in the list of environmentally hazardous substances. The regulatory authorities seriously equal the emissions from manure to maximum permissible concentrations of harmful components into the atmosphere from the big factories.
Needless to say that such a sum was simply unaffordable for LLP "VK Bacon" and the company's management appealed to NCE "Atameken".
After the intervention of the National Chamber of Entrepreneurs, the decision of the appellate court on the amount of damages, assessed by the public agency, has been reduced to 1,035,215 tenge.
It should be noted that the Department of Environment carries out calculations on the basis of Articles 108 and 321 of the Environmental Code, article 495 of the Tax Code and Government Resolution "On approval of the economic evaluation of damage caused by environmental pollution", as well as decisions of Maslikhat. However, in 2013, there were made amendments to the legislation of Kazakhstan on taxation. Environmental authorities just misinterprete the rules of law, they overstated the amount of the fine 4 times.
The litigation with this issue lasted about a year and a businessman suffered unwarranted losses.
LLP "Teplomonolit" from East Kazakhstan region addressed to NCE RK with the same question of unreasonable actions on the part of the Department of Ecology. A public authority as a result of an unscheduled inspection revealed unaccounted manure, it ruled that the company allegedly operated without a permit for emissions into the environment, and imposed a fine of 86,263,939 tenge. However, the decision of the appeal judicial board on civil and administrative affairs of the regional court reduced the amount to 506 190 tenge. At the same time, as noted in the decision, the arguments of the Department of Ecology declared insolvent.
However, the rate of the "golden manure" still adorns the environmental legislation of the country and allows to impose millions of tenge of fines on entrepreneurs. The National Chamber of Entrepreneurs "Atameken", which is used to solving systematic problems, think hard about the legality of the inclusion of manure in the list of "toxic substances" ...
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