Closed circle of credit partnerships
Agrarians of EKR, who face barriers, decided to amalgamate into a credit partnership
At the beginning of 2013, Valentin Miroshnichenko and his associates entered the Sapa credit partnership to be able to obtain a loan under the state program "Roadmap of Employment -2020.
"We fulfilled the conditions of the chairman of the credit partnership: we contributed 10% of the amount of the requested loan to the statutory fund of the CP, and individual contracts were concluded with each of us", - Valentin Miroshnichenko, a member of the credit partnership, says.
A repayment schedule was drawn up, but some participants had a vacation to repay the loan for more than one year, and some didn’t.
Later it was found out that on the part of JSC SPK "Ertis" under contractual obligations with CP "Sapa", the latter was granted a vacation to pay the loan, with a period of 18 months. The members of the partnership were not notified for some reason about this.
Despite the terms of the contracts and the payment schedule for the loan, the entrepreneurs agreed and paid the loan on an individual schedule.
"Since 2013, the members of the credit partnership have begun to pay a loan, and in 2015 they were summoned to court and stated that they are malicious defaulters and owed the state 58 million tenge", - Dinara Mukhamedzhanova, deputy director of the Legal Department of RCE of EKR said.
As it turned out later, the head of the credit partnership spent the villagers' contributions for other needs. Credit partnership "Sapa" has not fulfilled its obligations to agricultural production co-operative, and in December 2015 APC "Ertis" files a lawsuit on members of CP.
"The unscrupulous attitude of the chairman of the CP, G. Ospanova, led to this situation. The statutory fund was spent, and she closed other contracts with our money, and when it was time to pay for our contract to APC, she had no money on her account", - the peasants said.
Receipts of payment on loans the villagers attached to the statement of claim in court.
During the court session it became clear that CP “Sapa” represented by Gulnar Ospanova, the chairman of the board, did not fulfill its obligations under the agreement and did not pay the loan according to the schedule of the joint stock company "Ertis".
Meanwhile, the participants of CP “Sapa” have fulfilled their obligations under the contracts in full, without any delay and violation of the payment schedule. However, by the decision of the court, the claims of the joint-stock company APC "Ertis" to the founders of CP "Sapa" were partially satisfied.
The court decided to collect from CP “Sapa” and its 23 members in favour of JSC APC “Ertis” an amount of more than 50 million tenge, having determined to collect on 77 455.3 tenge from each participant.
Thus, the debtors - participants appealed to the law enforcement agencies of East Kazakhstan region with a statement on the chairman of the credit partnership on the fact of fraud, but, having not achieved any results, they had to apply to the regional Chamber of Entrepreneurs.
The Chamber, in turn, brought this issue to the Council for the Protection of the Rights of Entrepreneurs. An appeal was filed. Thanks to the joint work of the Chamber and the regional prosecutor's office, the judge of the Court of Appeal and the Board of Appeal canceled the decision of the court of first instance, eliminating the final borrowers from among the debtors, placing full responsibility on the credit partnership “Sapa”.
One would think that the law suit was won, the chairman prosecuted for fraudulent actions, but, it is not over ... With incorrect explanatory work by authorized state bodies, people took million tenge unsecured state loans, and did not know anything about the applications to the rules for issuing loans.
It turned out that because of the imperfection of the program itself, where the joint responsibility of the participants of credit partnerships is indicated, conscientious agricultural producers can’t continue to develop and take other loans under other programs, until all the other participants pay off their debts to CP.
For example, if ten people took a loan in one partnership, the credit partnership is "put" on one contract. And no one can get out of there until everyone settles.
Now businessmen are asking themselves: will "defaulters" pay off their debts? And, in general, are there any?
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