Very severe punishment
Kazakh businessman complained on the actions of state authorities of Belarus
The National Chamber of Entrepreneurs of RK "Atameken" received an appeal of LLP "SAM LLP ALA", complaining on the actions of the state bodies of the Republic of Belarus. The appeal states that LLP "SAM ALA" and Italian company BudriIntarsio (supplier) signed a contract for the supply of marble finishing, material for fixing marble slabs, heated towel rails, sanitary mixtures, tiles, lighting equipment. The cargo was transported by JV "Genty-Spedition" (transportation company).
On 7th of April 2016 these goods were arrested by Grodno regional customs office of the State Customs Committee of the Republic of Belarus in connection with the false statement of the carrier of the goods in the shipping documents. On 8th of July 2016 by the decision of the Oktyabrsky district court of Grodno Aleksandr Mintyuk the driver was found guilty of committing an administrative offense under Art. 14.5 of the Code of the Republic of Belarus "On Administrative Offences", an administrative penalty of a 20 basic units (73765 tenge) was imposed on him. JV "Genty-Spedition" was convicted of an offense under Art. 14.5 a fine of 70 basic units (258,178 tenge) was imposed on it and 150 basic units (553,240 tenge) with confiscation of goods belonging to LLP "C.A.M. ALA".
LLP "C.A.M. ALA" believes that the decision on imposition of an administrative penalty in terms of confiscation of the goods is too strict, and does not correspond to the nature of the offense. The cargo, which was transported by the company, did not have the goods, the circulation of which is restricted or prohibited in accordance with the legislation of Belarus. At the same time the court has not taken into account the arguments set out in the application by LLP "C.A.M. ALA" on the absence of guilt, as responsibility for the delivery and processing of documents was put on the carrier, thus, the use of additional penalty in the form of confiscation of goods is unreasonable, since the load belongs to the partnership, not JV "Genty-Spedition".
Due to disagreement with the decision JV "Genty-Spedition" appealed the decision in the regional court of the city of Grodno. The latter remitted the case to the court of Oktyabrsky district of Grodno.
To help the businessman, experts of NCE "Atameken" wrote appeals to the Prosecutor General of Kazakhstan and the Kazakh Embassy in Belarus.
In accordance with Article 3 of the Law of the Republic of Kazakhstan "On the National Chamber of Entrepreneurs of Kazakhstan", the objectives of the National Chamber are representation, protection of the rights and legitimate interests of businesses, promotion of the establishment of favorable legal, economic and social conditions for entrepreneurial initiatives in the Republic of Kazakhstan.
"Please consider this appeal and assist in the return of the above mentioned goods to the owner, a resident of the Republic of Kazakhstan. On the results of the review and the measures taken, please inform the National Chamber of Entrepreneurs of Kazakhstan "Atameken", - stated the letter of NCE RK.
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