Officials' negligence led to fights and losses
On January 16, 2020, Atameken hosted a meeting with the participation of business and government agencies and the Council for the Protection of Entrepreneurs' Rights and Combating Corruption of the Atameken NCE RK chaired by Kairbek Suleimenov.
Two issues were on the agenda: illegal interference and obstacles to business by government agencies in the implementation of the innovation project and the issue of renting the store, which by mistake, officials turned out to be a bone of contention and even the fights of the two store owners.
The first problem concerns Global Chemicals Company, which won a grant from the Government of Kazakhstan and the World Bank on a competitive basis. Thus, since 2018, LLP has been implementing the project "Development of technology for carboxymethylated starch production". The effectiveness of the subproject was studied by experts from both the Ministry of Science and Education and international experts, and its implementation was found to be profitable for the government.
However, after some time the Committee on Science of the Ministry of Education of the RK began to prolong the work on the project implementation unreasonably, the Committee began to audit the adopted decision of the Ministry on the consent to grant allocation, as a result of which the project implementation was completely stopped within two years. The consideration of the matter at the Council meeting revealed unjustified interference by a state body in the company's operations.
.JPG)
"Officials of the Committee in violation of the legislation began to demand from the LLP to meet additional conditions that are not stipulated by law, which, in addition to delaying the implementation of the subproject, also entails a significant financial burden on the business entity," Kairbek Suleimenov said.
As a result, in violation of the law, the Committee has applied illegal sanctions to the company and suspended the implementation of the subproject.
During the discussion, the members of the Council decided to recommend the Ministry of Education and Science to consider the need for a clear regulation of the Committee officials' actions to exclude corruption risks and ensure effective implementation of the state policy.
"It is necessary to eliminate the subjective reasons that limit the company's implementation of the concluded agreement. I think it's also necessary to consider the issues of officials’ responsibility, as their actions have caused a delay of 14 months," the Chairman of the Council said.
The second issue concerns the topic of long-term rent of non-residential premises, which the businesswoman has registered with the Department of Justice of Nur-Sultan. Later, the woman was illegally denied the lease of the premises, which had already been renovated. The lengthy debate led to the proceedings, given that the public body had also rented the premises to another entrepreneur.
Inaction on the part of the procuratorial authorities and the police resulted in the victim's appeal to the Atameken police station for the illegal seizure of the non-residential premises of the entrepreneur, where her Brand Media store was previously located. Repeated appeals of the businesswoman to the management of the Nur-Sultan Police Department, the Investigation Department of the Ministry of Internal Affairs did not yield results.
"It turns out that the court bailiffs did not execute the court decision despite repeated appeals of the businesswoman, no decision was made on the initiated criminal case, no action has been taken on the assault that the woman suffered from the second businessman who occupied the premises, as it turns out now illegally," Kairbek Suleymenov said.
As a result, the Council will recommend to the Ministry of Internal Affairs of the RK to ensure that an informed decision is taken within the time frame established by law. Also, it will be necessary to check the legality of the made decisions on the criminal case on rent of the premise and the facts of beatings in the order of supervision.
In its turn, the Chamber of Entrepreneurs of Nur-Sultan will provide any legal advisory assistance on the protection of rights and legal interests of an entrepreneur.
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