Where to address if the business rights are violated
The pre-trial investigation against the director of LLP “Zheltoksan Ormany” was terminated
The Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan Bolat Palymbetov received an appeal from the director of LLP Zheltoksan Ormany (Partnership) Igor Mitrofanov with a complaint about illegal actions of law enforcement agencies of Almaty.
The company was established in 2010 to build an oil refinery in Petropavlovsk, with a share of the applicant's relative (mother Igor Mitrofanov) - 99.6% and Mr. Pleshanov - 0.4%.
Financing of the company's activities was carried out at the expense of similar funds in the company's names - LLP “Zheltoksan”. Zheltoksan Ormany had debts to LLP “Zheltoksan” and Mitrofanov I. in the amount of 340 948 033.78 tenge. In order to execute the judicial act dated by 2nd of March 2011, on the basis of the decision of the general meeting of the participants of the partnership, the property of the enterprise was transferred to them to pay off the debt. Citizen Pleshanov, not appearing at the specified meeting of the Association, having found a violation of his rights, in February 2013 he appealed to the criminal investigation bodies on the fact of fraudulent actions, the transfer of the property of the enterprise without his presence. Repeated appeals to the Almaty prosecutor's office on the actions of officials of the Almaty Department of Internal Affairs and the Prosecutor's Office of Medeu district have not brought results. Igor Mitrofanov in his speech pointed out that the above argument must be resolved in the civil law field, these acts entered into legal force, the subject of which was investigation of this matter. Office of the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan studied the materials, in order to protect the legitimate rights and interests of a business entity, appealed to the Prosecutor General of the Republic of Kazakhstan to organize a review of the lawfulness of pre-trial investigation of the entrepreneur.
Based on the results of the audit, the Almaty prosecutor's office reported that on 7th of June 2017, the pre-trial investigation of the management of LLP “Zhastar Ormany” was terminated due to the lack of a criminal offense.
Igor Mitrofanov expressed his gratitude to the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan for his support and prompt professional assistance in resolving legal issues of entrepreneurs.
"I would like to thank all the staff of the Commissioner for the Protection of the Rights of Entrepreneurs, in particular Akan Abdrakhmanov for the rendered assistance. Being convinced of the real help and tangible support of entrepreneurship by the employees of the National Chamber, we will take an active part in fruitful cooperation", - said Igor Mitrofanov.
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