Atameken’s lawyers help to resolve long-standing disputes between advertisers and Kostanay akimat
Kostanay advertising companies have suffered financially on several occasions due to incorrect interpretation of the law by local officials.
Atameken.kz proposes to recall how the akimat stubbornly and unreasonably refused to increase the terms of land lease for advertising structures, tried to impose the burden on the business to maintain bus stops, introduced a moratorium on the issuance of land plots. These problems were solved only with the help of the Chamber of Entrepreneurs of the Kostanay region.
The first collective appeal from Kostanay advertising companies was received by the Regional Chamber in 2014. Businessmen were concerned about the widespread refusal to provide land for billboards. The Chamber of Entrepreneurs sent a letter to the city's akimat asking for clarification.
"The akimat said that Kostanay has outdated advertising structures, the aesthetic appearance of which does not meet the requirements of the modern city. In this regard, it was decided to issue land plots only on a competitive basis," Renat Davletpayev, head of the Legal Protection Department of the Chamber of Entrepreneurs of the Kostanay region, said.
This answer did not satisfy either the advertisers or the lawyers of the Chamber. The latter filed a complaint with the regional prosecutor's office, which carried out an inspection and made a recommendation to eliminate violations of the law. But this did not work either.
Moreover, the authorities suddenly decided to oblige entrepreneurs to install and maintain bus stops at their own expense, prescribing this requirement in the resolution of the Kostanay akimat. The project of the normative-legal act has arrived in the Chamber of businessmen of Kostanay region on examination, however, remarks of the Regional Chamber have been ignored. Lawyers managed to cancel the resolution and the moratorium only in court.
The authorities also took a principled position on the issue of extending the terms of the lease of land plots. In Kostanay, land plots were leased only for a year, while in other regions this term was 5 years.
"We could not give our clients long-term guarantees, we lost large customers and suffered losses. All negotiations with the akimat ended in nothing. Since the Chamber of Entrepreneurs has already resolved one of our problematic issues positively, we went there again. We understood that it would be difficult to change the situation, but we were hoping. As a result, the Chamber's experts achieved justice," Natalya Bulatova, Director of the Repaco advertising company, said.
The Chamber’s lawyers have been fighting to resolve this issue for 2 years. Finally, in 2016, the court ruled in favor of entrepreneurs. At the next meeting of the Land Commission, the lease term was extended to 4 years and 11 months.
Advertisers still solve all acute issues with the help of the Chamber of Entrepreneurs of Kostanay region. Their complaints resumed this year when the amendments to the Law "On Advertising" were adopted in Kazakhstan.
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