Guarding the rights of entrepreneurs
About 400 thousand tenge - for violation of environmental legislation. The entrepreneur from Akkayin District had to pay such a fine
Businesswoman Elena Sergienko received a notification on elimination of violations of the tax legislation. State Revenue Department instructed her to pay the fee for the emissions into environment. The fiscal authorities explained to her: it is necessary either to submit the supporting documents, in particular the permission for emission into environment, the data on the actual volume of emissions and waste disposal, consumption from stationary sources for the years 2011- 2015 to validate the accrued taxes, or to eliminate the violations.
Entrepreneur turned for help to the branch of RCE in NKR. Consultants sent a letter to SRC that the authorized body did not conduct appropriate checks and calculations on the volume of waste, and therefore, there is no fact of violation. Accordingly, there is no reason for the notification.
"In addition, pursuant to paragraph 2 and 5 of Article 283 of the Environmental Code of the RK, the ownership of the waste may be acquired by another person under a contract of purchase - sale, exchange, gift or other transaction on alienation of waste. Between Sergienko E.A. and Sergienko V.D. in 2010 was signed a contract of donation. It is valid at the moment. As a result, consideration of all the circumstances, it was possible to make a positive decision in favor of the entrepreneur", - said the director of the branch in Akkayin District Ruslan Aitov.
"I was ready to give up and pay the 400 thousand tenge fine, but then decided not to agree with this situation. Colleagues recommended I apply for legal protection to the Chamber of Entrepreneurs, where I had full legal aid. Due to the interaction of state bodies and experts of the Chamber, I was able to resolve my problem", - sums up Elena Sergienko.
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