For six months there were registered 17 cases nationwide when officials were obstructed legitimate business activities

This was announced at the regular fifth meeting of the Council on combating corruption and the shadow economy of NCE RK "Atameken" by the Director of the Department of legal protection of entrepreneurs NCE RK Oleg Savelenko.

"In recent years our country has taken measures to remove administrative barriers in the development of small and medium enterprises and business in general. However, statistics show that state officials continue to violate the rights of citizens, who run legitimate business. The growth of such unlawful acts on the part of state officials is alarming", - said the representative of the NCE RK.

Thus, according to the Committee on Legal Statistics and Special Records of the General Prosecutor's Office of the Republic of Kazakhstan in 2014, there were  identified 4 criminal cases of business obstruction, three of which are sent to the court and one case was dismissed due to repentance, that is, on non-rehabilitating grounds.

"For six months of this year were registered 17 criminal offenses in this category, out of which seven cases were submitted to the court, three cases were discontinued for a lack of a criminal offense, seven cases are at the stage of pre-trial investigation. Public danger of this crime is that it is committed by a person, who is authorized to perform public functions or an equivalent, which by virtue of its authority shall take measures to promote entrepreneurship. As a result of such unlawful actions, the officials undermine the authority of state authorities or local self-governance bodies", - informed Oleg Savelenko.

The cases of IE “Likhachev” and LLP “Ulan” were given as examples. Thus, in the first case, an entrepreneur, who works in the pharmacy network, complained on endless illegal inspections carried out by deputy head of the Committee on monitoring of medical and pharmaceutical activities of the East Kazakhstan region L. Kusyabgalieva.

Moreover, an official without having proven violations of the law undermined the image of an entrepreneur, sent to other pharmaceutical companies letters, the contents of which discredit the honor and reputation of IP Likhacheva E.I.

The construction company LLP "Ulan" also addressed to NCE RK. The construction department of akimat of Kostanay hindered its activities.

The company won the tender for the construction of a kindergarten, but the state agency has contracted another construction company, which, in essence, was unlawful, as it was confirmed in court. As a result, the public authority was forces to execute the court decision and two months later it concluded the contract for construction and installation works with the winner LLP "Ulan".

"For 9 months of the current year, the business entity had to prove its innocence in court. The work at the site has started now. In addition, based on the protocol of the meeting with the deputy Akim of Kostanai K. Sandibekov, LLP "Ulan" has started work on dismantling the foundation, which was founded by the previous contractor. Double expenses to the budget for the construction of the facility were incurred due to the fault of officials who are attracted to the construction works LLP "Stroymetservis 2007" without a legitimate reason. We believe that the actions of officials of local executive bodies contain elements of a criminal offense, the violation of the legislation on public procurement, hindering legitimate business, deliberately delaying the timing of construction, etc., "- said the director of the Department of Legal Protection of Entrepreneurs of NCE RK Oleg Savelenko.

According to him, in September of this year, the court authorized the extension of detention for former employees of city administration, in respect of which a criminal case was initiated in connection with the charges of corruption crimes.

According to the chairman of the Council on combating corruption and the shadow economy of Kazakhstan Azat Peruashev NCE RK, "it is an issue of law enforcement or in norms themselves".

"The President has recently signed an Entrepreneurial Code, which carries a large number of positive norms, including such statements according to which the business is considered valid until the contrary is proved it by the court. As stated in the first article of the Entrepreneurial Code, if any applicable laws contrary to the EC, then one should be guided by the Entrepreneurial Code", - said Azat Peruashev.

In this regard, the head of the Council recommended that NCE RK to intensify efforts, to clarify the rules of the Entrepreneurial Code among entrepreneurs and actively use them. At the same time, he stressed that in EC there is a rule of self-defense of entrepreneurs, that is, strengthening the rights of entrepreneurs to act, to protect their property, their business.

Azat Peruashev also recommended that the Chamber of Entrepreneurs of EKR and Kostanai regions take the questions of entrepreneurs, whose concerns were voiced in the Council, to take control and keep the Council informed of the measures and ongoing criminal proceedings.

"It is necessary for all Regional Chambers to intensify the work over the clarification of the rights of entrepreneurs and clarify the rules of Entrepreneurial Code", - concluded Azat Peruashev.