Ordeal of a businessman for 12 years
For more than 10 years, a businessman from South Kazakhstan region can’t enforce the court's decision
With the problem that can’t be solved for the past years, he applied to the National Chamber of Entrepreneurs of Kazakhstan "Atameken".
Address of the Director of LLP “Alikhan Temir LTD” Kayrat Izhanov was reviewed at the regular, fifth meeting of the Council on anti-corruption and combating the shadow economy of NCE RK, which was presided by the chairman of the Council, deputy of the Mazhilis of the ParliamentAzat Peruashev.
According to the entrepreneur, in 2003, he signed a contract with "Amara" to supply 34 railway carriages and he made a prepayment. However, as it turned out, this company had a debt to the Kazakh railway, so that all 34 railway cars were detained. As a result, LLP “Alikhan Temir LTD” was left without money and carriages. Application to the to court didn’t have any effect. Despite the fact that the court recognized its right of ownership, according to which JSC "NC" Kazakhstan Temir Zholy" had to release carriages from the custody, he did not succeed in enforcement of the court rouling. Meanwhile, during this period the company, which was supposed to supply the carriages, deregistered and doesn’t exist any longer. As a result, the businessman was left with nothing, and now he does not know who should reimburse him the incurred expenses.
After listening to a businessman, chairman of the Council on anti-corruption and combating the shadow economy of NCE RK Azat Peruashev stressed that "the judicial decisions should be executed". In this regard, the head of the Council, first of all, advised NCE to contact the head transport prosecutor's office in order to verify the legality of the actions or omissions of bailiffs on the decision. Second of all, he advised to contact the JSC NC "Kazakhstan Temir Zholy" about the actions of officials of the national company for the execution of the judgment. Peruashev also recommended NCE to appeal to the Department for Implementation of Judicial Acts of the Ministry of Justice for the adoption of effective measures for the execution of court decisions. "While the court decision is not reversed, it must be executed!" - said Azat Peruashev.
"We also ask the Department of the legal protection of entrepreneurs NCE RK to provide the necessary advice to the entrepreneur to restore their legitimate rights, supported by the existing decision of the court", - concluded the chairman of the Council on anti-corruption and combating the shadow economy.
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