Land saga
More than half a year the head of the peasant farm in Egindikol District could not exercise his legitimate rights
The reason was the artificially created obstacles by the local officials to one of the well known agricultural producers in the region Vladimir Bondarenko.
In May 2015 the head of the farm "Leo" addressed to Akimat of Egindikol District with the request to change the purpose of land with total area of 1380 hectares, in connection with its inclusion in the charter capital of LLP "Urozhaynoe-2015". Previously, this land plots were given to the peasant farm as a result of the victory in the contest.
But for more than half a year the city administration refuses the applicant's request. The reason is simple: litigation, lasting from 2014 due to the law suit of the district department of agriculture and land relations on the recognition of leases on these lands as invalid.
In 2014, agricultural land, located in a land farm "Leo", have been transformed, i.e., moved from pasture to arable land use, in accordance with Article 98 of the Land Code of RK.
During the prosecutor's check, there were revealed violations in the procedure of transfer of land, and as a result there was made a representation on their elimination. Moreover, there was detected the fact of falsification of agrochemical sketch - the document determining the qualitative characteristics of land that served as the basis for filing a lawsuit in court for recognition of contracts as null and void by the department.
Specialized Interdistrict Economic Court of the Akmola region refused the claim of the public authority, citing to the fact that the agrochemical sketch is an advisory, not binding character for the plaintiff's. By the resolution of the regional appellate judicial board on civil and administrative cases, the decision of SIEC was left unchanged in this case, and the appeal of the department was left without satisfaction.
The Regional Chamber of entrepreneurs made its contribution to the decision of the court of first instance and the appellate judicial board. Experts of RCE represent the interests of entrepreneurs at all stages of the proceedings. It would seem that the outcome is clear. However, after the decision enters into force, district akimat once again refuses to change the purpose of land upon request of Bondarenko in December 2015.
Only after re-intervention of the experts of the Chamber, the protracted issue and the legitimate interests of the entrepreneur were resolved.
Earlier this year, akimat of Egindikol District made a decision to change the purpose of the land in connection with its transfer to the charter capital of the partnership.
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