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The most high-profile trials of Almaty entrepreneurs

- City of Almaty
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The Chamber of entrepreneurs last year alone won 58 court cases, defending the rights and interests of entrepreneurs in the amount of 5.4 billion tenge

Entrepreneurs were equated with beggars

Distribution of free leaflets near the store, two policemen patrolling Almaly District, viewed as soliciting in a public place. Workers of LLP "Belyi Veter" were handed a protocol on an administrative offense. The head of the company was unable to prove the illegality of the protocol and addressed to the Chamber of entrepreneurs. Lawyers of the Chamber sent a letter to Almaly district prosecutor's office. Prosecutors have pointed out that the two men, handing out flyers, are employees of the company and were dressed in the original form with the symbol of LLP "Belyi Veter". According to Article 449 of the Administrative Code, soliciting in public places is considered as intrusive attitude of people, who are not business entities, but are engaged in fortune telling, begging and sexual services. Illegal protocol was canceled by Almaly district prosecutor's office.

Fines for Signs

Thousands tenge bills started to receive Almaty businessmen from the Department of State Revenue for the signs at the facilities of small and medium-sized businesses. Thus, the owner of a car wash Suriyam Nizamdinova got a fine in the amount of half a million tenge. Signboard "Car Wash" at the entrance the staff of the Department of architecture and urban planning of Almaty considered as advertising. The State Revenue Department issued a decision that until the businesswoman repays the debt, she will not be able to use the property. The Chamber of entrepreneur of Almaty received several dozens of such appeals. The question was considered by the Council for the protection of the rights of entrepreneurs. Lawyers of the Chamber of entrepreneurs managed to prove that a sign with the words "Car Wash" defines only activity. And according to the law to the outdoor (visual) advertising signs placed at trading enterprises, public catering places, service sector are not considered as advertising. As a result of the meeting of the Council for the protection of the rights of entrepreneurs, prosecutor’s office of  Bostandyk district canceled the notice of repayment of tax arrears and the measures of its compulsory levy. This case became a precedent, and helped to solve dozens of similar situations in which there were also involved other businessmen of the city.

Akimat did not pay the debt to the builders of rental housing

For a year "Almatygorstroy" could not force the Department of Construction to pay for its work. The company commissioned 68 apartments in the final finishing, and connected all engineering and communication networks to the building in Turksib district. In February 2016 the house was inhabited by people. This construction was carried out in the framework of the "Development of Regions - 2020". But the construction department of Almaty unreasonably delayed the payment to the developer of 172 million tenge. Management of "Diversified stock company "Almatygorstroy" appealed to the city prosecutor's office, to the Financial Control Committee of MNE of RK, to the Committee on Construction, Housing and Utilities and Land Management of MNE of RK, and even to the akim of Almaty. Almaty Chamber of Entrepreneurs considered the issue at the meeting of the Council for the protection of the rights of entrepreneurs. After the work of the lawyers of the Chamber akimat paid to "JSC" Almatygorstroy" the entire amount of the debt - 172 782 573 tenge.

Multimillion debts of tenants of school canteens

 Increase of the rent of school cafeterias caused a lot of noise throughout Kazakhstan. New rules have been introduced by the Ministry of National Economy on 17th of March 2015. And on 23rd of June 23 this year, amendments were introduced to the order. For all tenants of the state property the rent sizes were insignificantly reduced. And for tenants of school canteens, the dining rooms area were excluded from pay.

The entrepreneurs had a multimillion-tenge debt for lease for three and a half months, which entrepreneurs were unable to pay. The Chamber of Entrepreneurs of Almaty helped tenants with that. This issue has been raised repeatedly by the Council for the protection of the rights of entrepreneurs. After repeated requests the Ministry of National Economy and the General Prosecutor’s Office of the Republic of Kazakhstan the lease agreement for 912 entrepreneurs have been changed since January 2016. And the resulting overpayment the Finance Department transferred into future payments.

The dispute over public procurement

The Department of Finance Control of Almaty filed a lawsuit against the Department of highways and the construction company "ALONC". Inspection of financial control has accused the state body and LLP in violation of the rules of the tender, and demanded to annul the contract on public procurement, with the prohibition of its further execution. Price of the issue 1,889,480,312 tenge. To prove its case, the Department of Financial Control conducted an unscheduled inspection at the Department of highways. It has shown that the company "ALONC" was in the registry of debtors on enforcement proceedings and, thus, could not be admitted to participate in the tender. As it turned out, the driver of LLP "ALONC" was fined 9000 tenge for violation of traffic rules. But by the time of trial, this debt has been repaid. Chamber of Entrepreneurs of Almaty took experts to represent the interests of the partnership. At the trial it was proved that the admission protocol for participation in the competition was formed October 29, 2015. And LLP was input in a single registry of debtors, because of the penalty for violation of traffic rules on 10th of November 2015. Accordingly, the Department of Highways had no grounds to prevent Ltd. to participate in the electronic competition. Specialized Interdistrict Economic Court of Almaty decided to reject the claim of financial control management.

Specialists of district akimat were detained during illegal checks

Employees of akimat of Almaly district came with an inspection to LLP "Multifunctional-company "Dostar". At the same time inspectors did not have any order on the appointment of an inspection or registration in the legal statistics bodies. And at the request of the company's employees to hand them a copy of the act or the order on the appointment of inspection the officials refused. The leadership of LLP "Multifunctional-company "Dostar" appealed for help to the Chamber of entrepreneurs. The experts of the Chamber advised the partnership to call to Almaly district prosecutor's office and call the mobile group. Employees of the Prosecutor’s Office immediately arrived and called to account the controllers themselves. The representatives of akimat failed to show any documents. And they explained that it was Akim’s verbal instruction to check LLP for the presence of any illegally advertisements and billboards.

By the resolution of the Inter-District Administrative Court, one employee of akimat was held liable and fined in the amount of 40 MCI, that is 84 840 tenge for violation of the order of inspection.

 


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