Gave land – seized land?
The entrepreneur has to pay rent and taxes for land, which he does not use
The head of the farm "Sergei" Simon Lee complained on unlawful actions of the department of land relations of the city of Semey
So, Akimat gave him temporary 10 hectares of land for free use in the industrial zone "Ondiris", which was fixed by the agreement concluded for 10 years.
"By signing the contract, I appealed to the Department of public revenues of Semey on the payment of taxes for the land, where I explained that in accordance with Article 442 of the Tax Code the farms involved, in particular, in crop production, under a special tax regime, are exempt from paying taxes for the use of the land because of seasonality of work", - Simon Lee shared the background of the case.
He informed land owners of Semey. On this basis the department of land relations of the city of Semey since the conclusion of the agreement did not make annual estimates and did not require payment of rent for the use of the land.
But the story tells the following…
In June 2015 the Department of land relations filed a lawsuit to the Specialized Interdistrict Economic Court to recover debt in the amount of nearly 2 million tenge from the farm "Sergei" for the lease of a land plot. The claims were satisfied in full.
"We do not agree with the decision of the court. First of all, the state enterprise, when giving Semen the second copy of the lease contract for a land plot, didn’t give him the appendix with the calculation of rent, which is in accordance with paragraph 2.1 of the contract an integral part of it. Furthermore, according to this it, the annual rent is set by the calculations of the Department of land relations, but the State did not make these calculations and didn’t provide to business entities", - said the director of the Chamber of Entrepreneurs Igor Shatsky.
Moreover, in accordance with paragraph 4.1. this agreement in the event of failure to pay the rent on time and in the case of systematic violations of the terms of payment, the state can terminate the contract with the farmer, which was not made within 2 years.
The granted land plot for conducting peasant farming has been allocated to the farm "Sergei" on the basis of the project of the Development of the Industrial Zone "Ondiris." According to the project, this area had to be equipped with water, electricity and access to roads, which, in turn, also has not been made. Construction of infrastructure for the area was assigned to JSC NC SEC "Ertis".
"Construction of the infrastructure on the land has not been initiated as a result of what I failed to apply and use the land for the purpose of doing business", - says Simon Lee.
It would seem that's all, but ...
Given that the issue of allocation of another land plots elsewhere wasn’t solved by the local executive body, the head of the farm "Sergei" built his own infrastructure on the land plot, spending funds in the amount of 500 000 tenge. However, Akimat of Semey city banned the planting of plants on the land plot. As it turned out, the land plot has been wrongly issued for conducting peasant farming in the industrial zone "Ondiris", thereby an entrepreneur was left as a "fool".
"Due to these mistakes I have to pay rent and taxes for the land on which I have not raised any vegetables. The question is, where is justice? I have’t seen any justice neither in Akimat nor in a court of justice. I have repeatedly appealed to the Akimat of Semey city to provide alternative land for business purposes, but I haven’t received any response from Akimat", - said the head of the farm.
In this regard, the Chamber appealed to the regional prosecutor’s office to take action of prosecutorial response to protect the rights and legitimate interests of the head of the farm "Sergei" Simon Lee and give the appellate protest at the decision of the Specialized Interdistrict Economic Court on the change in calculation of the rent on the basis of rate of 0.01% of the value of the land, that is 84 000 tenge per year.
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