For protection of rights - to the Chamber of Entrepreneurs
Almost half a year lasted litigation between LLP "Khladokombinat" and Akimat of Kokshetau. For the protection of the rights and interests, the representatives of the company appealed to the Chamber of Entrepreneurs of Akmola region in November 2014.
LLP "Khladokombinat" is based on the basis of the country's largest distributor of the refrigerators "Kazmyasmoltorg", it is the owner of the railway sidings and deadlocks. This property is owned by a partnership since 2001.
In 2011, it was necessary to register the land plot through which runs the railway line, and therefore a request was sent to Akimat of Kokshetau.
In July 2012 the city administration discussed the issue of granting LLP the temporary land use rights for a period of three years on a plot of land of 1.5 hectares. However, two months later it turned out that the land is owned by one of the entrepreneurs, the ownership rights have been issued by Akimat.
This fact has caused outrage amongst management of LLP "Khladokombinat", which is the owner of the railway infrastructure on the stated land plot, it has full responsibility for the objects placed on them. Puzzled lawyers were shocked by the mere fact that the officials who conducted the survey ignored the rules and, contrary to the existing circumstances presented rights on land use to another entrepreneur, and in authorization documents indicated that it is free of buildings.
Experts of the Chamber, having carefully studied all the documents, sent a request to the court to satisfy the claims of the partnership.
"According to the Land Code of the Republic of Kazakhstan, the right of economic management entails in the prescribed manner the right of permanent land use. The alienation of the ownership of land, where the real estate is located, is not allowed ", - said Head of the legal protection unit of the Chamber of entrepreneurs Yerzhan Mukutov.
Finally, after many trials, the issue was resolved in favor of the applicant. Recently, a court ruling of Appeals Board was issued by Akmola regional court for the plaintiff LLP "Khladokombinat".
Please, join our Telegram channel to stay up to date on the latest news.
Leave comment:
Comments: