Legal illiteracy hits the pocket
The intervention of the lawyers of the Chamber of entrepreneurs rescued a businesswoman from an illegal fine
A well-know businesswoman Zhibek Bekturova addressed to the Chamber of Entrepreneurs in the town of Tekeli. She is engaged for ten years in domestic tourism. One of the provided services includes - services of water sports. At the same time there are internal rules, among them is prohibition to bring in food and drinks to the territory of the water area.
This was the reason of imposition of a fine on an individual entrepreneur in the amount of 200 MCI (396 400 tenge). Employees of the Department for Regulation of Natural Monopolies saw in this fact the forced sale of goods.
However, this decision was illegal: visitors are not obliged to purchase goods at a local cafeteria, there are no requirement of this nature, therefore, it is not forced sale of goods.
In addition, the decision was taken in violation of procedural rules and substantive law. In particular, Zhibek Bekturova didn’t receive within three days, a copy of the statement of violation, the statement itself was not sent to the buisnesswoman. Thus, the entrepreneur could not appeal the decision. There are other disturbances: incorrect application of substantive law as well as the absence of an actual examination of the basin on the day specified in the protocol.
A number of enterprises appeared to be in a similar situation, in which the Department for Regulation of Natural Monopolies took a decision to impose a fine. Someone decided to pay the fine, but the entrepreneur Bekturova turned to our lawyers, and it was a wise idea.
Thanks to the intervention of the Chamber of Entrepreneurs, she managed to restore justice. Taldykorgan Specialized Interdistrict Administrative Court overturned an illegal act, and now the entrepreneur will not have to pay a fine of 396,400 tenge.
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