When a small business is on the way of the state

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"Atameken" is trying to help an entrepreneur, whose business is ruined because of the road construction

At a meeting of the Council for the protection of the rights of entrepreneurs NCE RK "Atameken", chaired by Gani Kasymov, was considered the case of small businesses, that faced with blatant injustice on the part of state bodies. An individual entrepreneur "Otargaliev D." addressed to NCE with disagreement on judicial acts and actions of the officials of the local administration and the prosecutor's office of East Kazakhstan region.

"The fact is that a person had a small business - a shop. Local authorities started to build the road. A part of the land has been joined to the road. It was the imposition of land, the entrance to the store was apparently demolished. In general, the store stopped functioning. The trial began. We initiated the republican commission, visited the site, took measurements. The matter went to the Supreme Court, which has put a dot, ruling out to pay 48 thousand tenge to the entrepreneur. The man lost his business", - briefly described the situation the director of department of legal protection of entrepreneurs NCE RK Oleg Savelenko.

Given the fact that the last trials can’t be revoked back, he proposed the following solution to this problem: to oblige the local executive authorities to buy back the land. "The site was originally indivisible. However, it was proved that it still was divided. Today, the Chamber of Entrepreneurs of East Kazakhstan region is preparing a draft statement to the local courts in support of the IE "Otargaliev D.". We are working on this case for more than six months, we went through all the courts, the Prosecutor General. However, as the only straw, we initiate another lawsuit, there are no other options", - said the expert.

Gani Kasymov said that the Council carefully examined the materials of the case and agreed that in this situation the private interests are really violated. "In order to further protect the rights and legitimate interests, firstly, the applicant should contact a local court to compel the redemption for state needs by akimat of Urdzharsk area of EKR. The land should recognized as undivisible under Article 51 of the Land Code of RK. In addition, the Chamber of Entrepreneurs of EKR should render an entrepreneur legal aid in full on the preparation of the claim to compel the redemption of the land plot for state needs by akimat of Urdzharsk area of EKR", - he said.

Council members also discussed the problem of the individual entrepreneur Shukbarova that in an unequal struggle with "Tsesnabank" tried to prove the illegality of actions of the latter. Bank unilaterally increased the interest rate on the loan from 17.5% to 20%, and pulled the businesswoman into the orbit of litigation.

An appeal court in 2015 recognized the actions of the bank illegal, and forced to return to the borrower more than 1 million 200 thousand tenge. The bank tried to recover from the businessman the full amount - about 26 million tenge, but the appellate court of Mangistau regional court decided to recover less than 5 million tenge.

The meeting decided that the issue should be the subject of investigation and verification of the National Bank, and adopted a relevant resolution.

The results of the work for the 1st half of 2016 were also announced during the meeting of the Council. The Chairman Gani Kasymov expressed hope that the open-ended questions will find their resolution in the near future and urged the business community to declare to the Chamber all facts of violations of their rights.