The dispute - in favor of the entrepreneur
Thanks to the legal support of RCE, Ural Transformer Plant received a land plot free of charge
Last year, the company put into operation the investment project "Production of distribution transformers", on the implementation of which was allocated more than 5 billion tenge. Within the frames of the project were received investment preferences in the form of exemption from customs duties for imported technological equipment and land grant.
However, during registration of the land plot of land in the property at the stage of issuing a ruling by the Akimat of Uralsk, there arose a disagreement. Experts of akimat, referring to the Land Code of the Republic of Kazakhstan and the procedure for acquiring rights to land plots that are in state ownership, orally asked to pay the difference between market and cadastral (estimated) cost in the amount of 65,435,242 tenge. Management of LLP considered the requirement unacceptable, as it distorts the very essence of a land grant.
After careful study and analysis of the controversial by the legal experts of the unit, there has been given a legal assessment.
In accordance with the Entrepreneurial Code of the Republic of Kazakhstan, the decision of the authorized body on investments can serve as a reason for the donation of the land grant for it ownership by the state or a land use. Evaluation of state land grants is made by their market value, while the maximum size of the state natural grant shall not exceed thirty percent of the total investment in fixed assets of a legal entity of Kazakhstan.
When studying the available documents it was found that on the basis of the law of the Republic of Kazakhstan "On investments", in connection with the expiration and performance of all obligations by LLP under the investment contract, there was issued the order of the Investment Committee of MID Republic of Kazakhstan, which served as the basis for the donation of the state natural grant in the form of a land plot, located in Uralsk of WKR.
With the above mentioned reasons, the Chamber addressed to Akim of Uralsk. After written and oral communication, on February 12, 2016 Akimat of Uralsk approved the donation of the land plot to private ownership to LLP "Ural Transformer Plant".
Thus, the entrepreneur received a land plot free of charge without paying the difference in the amount of more than 65 million tenge.
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