A group of businessmen appealed to RCE with a request to protect from despotism of state agencies, utilities and cooperatives of house owners

The issues, which were discussed at the Council for Protection of the Rights of Entrepreneurs under RCE of Almaty, were so complex that only the highest authorities can solve them. Even judicial system couldn’t do it: the court rulings are not implemented, the Department of Justice of Almaty doesn’t respond to the gross violations of the law.

An individual entrepreneur Gulnar Tulendieva can’t open her store for 15 years. In 2000, she bought a store with a plot at the intersection of Tole bi and Kunaev street. A year later, the facility was demolished at the initiative of Akimat of Medeu district, however, the actions of the akimat were found illegal by the court, and the woman was able to recover the compensation for the damage to the property. However, Management Architecture and Urban Planning of Almaty hindered the construction of a new store, which to this day refuses to give to the individual entrepreneur APT (architectural-planning task, without which the construction of the facility is considered to be illegal). The agency motivates the decision by the fact that the land is located within the "red line" of a street.

"I have appealed the refusal in the courts of all instances, including the Supreme Court, where the arguments of the state body were considered unfounded, - says Gulnar Tulendieva. - The Court made a decision to oblige the Department of architecture and urban planning of Almaty to give me a new APT according to the required purpose (operation and maintenance of the store). But the Department of architecture refuses to give me the APT, offering unequal land at eastern bypass. To trade on the freeway is meaningless, I do not agree to such an exchange. Furthermore, I am not happy with the fact that next to my site there are dozens of shops, stalls, doner booths. If they are on the red line, then why are not demolished then? Does that red line have a zigzag shape?"- Outraged the businesswoman.

Deputy Head of Department of Architecture and Urban Planning of Almaty Toleukhan Ismailov, who was attending the session of the Council, gave the following reasons: "The position of leadership of Almaty Department is that according to a new general plan, the construction of the store in this sector is impossible. Akim is aware of your question, and we will not give you APT. These lands were distributed by Khrapunov, without compliance with the relevant standards".

Members of the Council were not satisfied with such an approach. "There is a whole series of bureaucratic despotism and lawlessness. The stores was working, the city administration demolished it illegally and then admitted its guilt. And now, instead of having restoring it and  building a new store, it does not issue the documents, despite the court decision. We need to raise this issue on behalf of the Chamber with the akim of Almaty. And, of course, we need to apply actions of prosecutorial response", - outraged the member of the Regional Council of the Chamber of Entrepreneurs of Almaty Vladimir Yermakov.

Another complaint came from an individual entrepreneur E. Dzhuspekova treatment, according to which the Company "Subscription billing center "Almatygaz", SE "Holding Almaty Su" and other utility companies annually collect a fee for conduction of a safety training. "These services range from 50 to 80 thousand tenge. That is, each year I have to pay a huge sum for teaching me how to turn off the gas. Is it funny?"- complained the owner of furniture salon and owner of barbecue place  Elmurat Dzhuspekov.

The representative of LLP "subscription billing center" Almatygaz" reported that the procedure is stipulated by the provisions of the law" On civil protection ": annually a gas consumer is obliged to undergo training. And licensed companies conduct training, which determine the cost of their services.

By the decision of the Council on protection of the rights of entrepreneurs, this issue will be studied in detail, after that it is planned to make proposals to introduce the relevant amendments to the regulatory framework.

The third issue, which was discussed at the Council, was the most intractable. Confrontation of individual entrepreneurs, operating in the house on Pushkin street, with the chairman of PKSK "Nur" A. Zhumataev, has long gone beyond the usual conflict. Despite the payment of contributions for cleaning of adjacent territories, the head of the cooperative periodically unreasonably cuts communication networks, it writes complaints to various state agencies, files lawsuits on the illegality of adjacent constructions. Fortunately, all attempts to the cooperative of apartment owners to suspend the businesses were reduced to zero, but constantly take time, effort and money from businessmen, since in each case they have to resort to services of lawyers to attend the courts, to stand in queues for obtaining the necessary certificates. In total this house has about 20 non-residential premises, which are used for different types of business.

"My beauty shop operates in this house since 1996, in 2001 I bought the property, but all these years, I just sue with the chairman of CAO. On 15^th of December 2010 Zhumataev willfully disconnected me from the heat network. I  addressed to all state bodies - it is useless. I even won the process with "Almaty heat networks" for the fact of no payment. We have repeatedly tried to leave the cooperative of apartment owners, contested the matter in a court, but still we have not achieved anything. Now Zhumataev again filed a lawsuit on me, accusing me of being a leader of an organized criminal gang! Saying that I am surrounded by unscrupulous entrepreneurs. We have appealed to the press, we wrote a complaint to akimat. There is no tool to combat him! "- complains the owner of a salon "Camila" Dzhamila Azilhanova.

The representatives of the prosecutor's office of Almaty, who attended the session, took this issue under the personal control, a prominent lawyer Sergei Utkin is interested in the case and sees in it the elements of arbitrariness.

In difficult economic times, when the rate of energy is not relevant, it is necessary to fully support SMEs, to create favorable conditions for its development. The Council for the Protection of the rights of entrepreneurs in the city of Almaty under RCE continues to struggle with similar manifestations, defending the interests of businesses everywhere.