It is never too late to defend own rights
NCE RK "Atameken" is in charge of the controversial issue, which is 20-years-old
The problem of a businessman Amankul Nysanbayeva, who was deceived by state officials in 1996, was considered at the meeting of the Council on protection of the rights of entrepreneurs NCE RK "Atameken".
The thing is that LLP "PKO-Kulzha" supplied cotton linters to the Chinese company "Xiyu". Due to the fact that "Xiyu" did not pay full value of the goods, "PKO-Kulzha" suspended the sending of two carriages at the station "Druzhba" with the aim of re-registration of the goods to send them to another company, the state officials have been notified of this. However, they sent the remaining cargo without the consent of the owner to China. Subsequently, the firm "Xiyu" evaded the payment for the received goods. As a result of the illegal actions of the state officials, the owner of the goods suffered material damage. In 1998 Nysanbaev in search of two carriages left to China and he was kept there by Chinese forcibly for six months. During the visit, it became clear that the state officials at the station "Druzhba" took money from the company "Xiyu" in the amount of 150 000 and 387 800 USD, which is accounted by a receipt. Over the years, the entrepreneur couldn’t defend his rights.
It took the businessman 16 years to prove that he is the owner of the cotton linters. Thereafter Nysanbaev appealed to the courts of Almaty and the Supervisory Panel of the Supreme Court, but his claims were refused due to outdate. The National Chamber finds that the period of validity has been missed due to objective reasons, due to delays in the establishment of ownership of the 760 tons of cotton linters of LLP "PKO-Kulzha" by the state bodies. In addition, throughout this time Nysanbaev defended his violated rights, independently proved falsification of documents, compiled by officials at the station "Druzhba". NCE believes that the criminal case against employees on the fact of theft of two carriages of cargo were illegal and should be investigated again.
"The issue is very complex. All our department thinks how to get out of this situation. On the one hand, 20 years have passed, it is almost impossible to revise this question at court. The Supreme Court refused to review it. However, the criminal case was dismissed illegally. If to ask the General Prosecutor’s Office to consider the legality of the termination of criminal proceedings, even if the case will be resumed and then terminated for non-rehabilitating grounds, the entrepreneur will be able to to recover from the officials of the station "Druzhba" the losses in a civil court. This is the only solution of this issue", - said the director of the department of legal protection of entrepreneurs Oleg Savelenko.
The Chairman of the Council on the protection of the rights of entrepreneurs Gani Kasymov, in turn, announced a resolution to this issue: "I recommend to the National Chamber to send a direct appeal to the General Prosecutor's Office to review the legality of the termination of criminal proceedings against officials of the station "Druzhba" at the request of the entrepreneur. Second, the Department of the legal protection of entrepreneurs should provide all possible legal assistance and advice to LLP "PKO-Kulzha" to restore the rights and legitimate interests ", - he said.
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