Railway branch of discord
Compromise solution between NCE and KTZ saved 11 enterprises producing socially significant products.
At the end of last year, 11 Shymkent enterprises raised an alarm: the railway branch connecting them to the main railway, through which they received and sent cargo, became inaccessible. The reason for this was the refusal of the owner of the railway roads and the operator of the wagons of JSC "KTZ-Freight transportation" to prolong the contract for the delivery of wagons concluded with the railway owner - "Darkhan Glass Factory" LLP. All these 11 companies "sat" on this railway. The termination of services threatened to halt the activities of each of them.
"To understand the scale and severity of the situation, I note that all companies that apply to us produce strategic and socially significant products," says Maya Isaeva, an expert of the Chamber of Entrepreneurs of South Kazakhstan. - For example, "Beybars-Gaz" LLP is the only supplier of liquefied gas for Shymkent passenger buses and kindergartens of the city. "Ak Nan" LLP is one of the leading producers and exporters of flour, "Barys-2007" LLP produces pasta and confectionery products, not only saturating the market of South Kazakhstan, but also sending it out of the region and the country, etc. "
At the same time, the barrier on the part could cause a public outcry among consumers. Downtime, disruption of delivery, and as a result - violation of the terms of contracts would lead to a complete halt of domestic producers.
"In addition, this situation could adversely affect the export orientation of our region and adversely affect the industrial rating of the South Kazakhstan region, which is not only an economic but also a political issue," said Kairat Akenov, Deputy Director for Legal Issues of the South Kazakhstan Chamber of Entrepreneurs.
A meeting was held on the site of the Shymkent Cargo Transportation Division with the participation of the Chamber of Entrepreneurs, counterparty representatives and the freight department. It was established that not only the validity of the contract concluded with the counterparties had expired, but also with the main branch owner.
The reason for KTZ's refusal to prolong the contract with counterparts was the arrest imposed by the court executor on the property of the glass factory. Due to the termination of its activities, the antimonopoly authority withdrew the factory from the register of the branch owners of the railway branch. The Chamber found that the access way of the main branch owner is pledged to the Problem Loan Fund due to a problem loan. In the opinion of KTZ, the participants' access of the transportation process should be opened by this fund, because the accessway belongs to the fund.
Disagreeing with this, the Chamber appealed to this financial institution and received the following answer: the fund is not the owner of this railway branch, and therefore has no right to dispose of it. That is, the fund has nothing to do with it. There is a barrier on the part of the national carrier. The experts of the Chamber brought their arguments.
"This railway branch is on the balance sheet of "Darkhan Glass Factory "LLP. He is the main branch owner, with whom 11 companies signed contracts. But the seizure of property does not entail the expropriation. To date, the final owner of the property is "Darkhan Glass Factory" LLP, - said Maya Isaeva.
But after this, KTZ raises the issue of promotion of safety of the branch. In response, the contractors of the branch owner took the initiative and took upon themselves the collective obligation to repair and maintain the railway access road at their own expense. This was done for the uninterrupted supply and removal of wagons from the KzylSai station, as well as for the safe operation of the access way and the existing railway crossing, as required by the Rules for the Technical Operation of Railways.
To avoid a disruption in the work of business entities "Darkhan Glass Factory" LLP offered to transfer the access way in trust to "Kazzheldortrstroy construction train Shymkent st. Corporation", which assumed responsibility for ensuring safety on the access way.
The incident was over. As a result of the operative compromise solution of "KTZ-Freight Transportation" and the Chamber of Entrepreneurs of the SKR, the process of uninterrupted transportation along the railway access road was not interrupted. It should be noted that more than 100 wagons are shipped monthly on this segment of the way, while the loading of finished goods is about 200 wagons per month.
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