In Astana arose a large-scale conflict between carriers and municipalities

The sphere of passenger transportation in the capital resembles the battlefield. Another victim of an undeclared war of monopolies became LLP "Temir Tulpar NT", better known to citizens as bus fleet #7. For disagreement with the policies in distribution of routes, management of the department of passenger transport and highways of Astana canceled the contracts for servicing of routes. What is wrong with the company?

It all started a few years ago, when responding to the call of the Kazakh leadership to promote actively clean technologies, the Franco-Italian firm “Iveco” offered to Astana a large batch of buses, which, with some changes in the design of engines could run on compressed methane. During this period, the Ministry of Industry and New Technologies, inspired by the ideas of EXPO-2017, actively promoted the idea of ​​using methane gas, which is accumulated in the coal mines of Karaganda basin, as an environmentally friendly fuel. The agreement was signed with the French for the implementation of the project.

It soon became clear that production and industrial use of methane is an extremely difficult and unlikely to be implemented until 2017. And the company “Iveco” sold the Kazakh side buses on conventional diesel fuel. As a result, city authorities were faced with the need to acquire them. But the money had to be returned to the Treasury.

The solution was found, public transport companies of Astana were forced to buy the new buses to upgrade public transport. At first, public transport companies strongly protested, and some public transport companies addressed to the National Chamber of Entrepreneurs for support, which in January held an emergency meeting of the Council on protection of the rights of entrepreneurs.

The Chamber found out some details of functioning of the capital market of passenger transportation. An interesting report was presented by the Director of the Department of legal protection of entrepreneurs NCE RK Oleg Savelenko. According to him, in the capital takes place monopolization of the market by LLP “Astana LRT”. This company was founded with 100% participation of Astana Akimat (which somehow assumed some public control functions), freely distributing bus routes and interfering in economic activity of public transport companies. As a result, public monitoring revealed problems in the relationship between the management of department of transport companies and private public transport companies.

“The first - is unjustified termination of contracts for the right to service routes. Second - forcing carriers to use the services of the Center of qualification of LLP “Astana LRT”. Third, the high cost of services for dispatching, paid to LLP “Astana LRT” - carriers pay each month to LLP about 30 million tenge for maintenance of routes", - said the director of the Department of Legal Protection of entrepreneurs NCE RK Oleg Savelenko.

In addition, according to the Director of the Department, Department of passenger transport and highways of Astana prohibits public transport companies to buy new buses, except for the French brand “Iveco”, sold by  the same LLP ... “Astana LRT”.

“Barriers are being implemented for implementation of electronic ticketing. A new method of calculating the distribution of money between the carriers is being imposed on public transport companies. At the same time at the market of passenger transportation in Astana there is a large number of fake tickets. And finally, the transfer of the control functions of the Department of passenger transport and highways of Astana to subordinated LLP “Astana LRT” – is a big violation!”- Said the director of the Department of Legal Protection of Entrepreneurs of NCE RK Oleg Savelenko.

"Overall, we are seeing a massive increase in the share of the state's presence in the competitive environment in the face of “Astana LRT”, the founder of which is Akimat of Astana", - said the lawyer.

It turned out that, at the request of the Department of Transport, private public transport companies of the city took loans for the purchase of buses, operating on the routes of Astana. Thus, business owners pledged property of their companies, and their own apartments.

Those companies, that refused to purchase, were obstructed by the management of passenger transport. In particular, the management of “Temir Tulpar NT”. Shortly before that, the company took a loan and bought a large fleet of Belarusian buses "MAZ" and the new acquisition does not fit into the plans of the company.

- In late May, the Department has sent a notification to the public transport company that it breaks the contract on provision of passenger transport services with it, - says lawyer of LLP "Temir Tulpar NT" Gulmira Analbaeva. - Justification: The complaints on provision of the services, allegedly received from passengers. We appealed for protection of our legitimate rights and interests to the National Chamber of Entrepreneurs "Atameken" and to prosecutor's office. As a result, the notification has been canceled as illegal. But on June 15 the Department has sent us a new notification letter of similar content.

Termination of service contracts of three routes - 40.50 and 46 – targeted infliction of damage on the financial viability of the company. However, three of the five route, serviced by the bus fleet #7, with unbelievable quickness were put up for bidding, which took place on 30 June.

- For us, it means only one thing - the bankruptcy! – said the Deputy director of LLP "Temir Tulpar NT" Zhomart Moldakhmetov. - Our debt on loans taken to upgrade the fleet is 326 million tenge. Every month we pay 18 million. If we stop servicing of these routes for a month, then we need to reduce the staff - about 300 family of drivers, conductors, mechanics and other workers will be left without means of subsistence.

Despite the official protests of the company, supported by the National Chamber of Entrepreneurs "Atameken", the tender was still held. LLP "Temir Tulpar NT" disputed the legality of actions of the Department at the Economic Court. However ... on 11th of July, the bus fleet #7 was illegally prosecuted by road police: a group of traffic police inspectors took plate numbers from the buss and route number signs. Reason - decision of the Department of passenger transport. It was a blatant demonstration of the power of the structure, a response for resort to rule of justice.

And what about the rest of the conflict? From public sources we know that out of  250 French buses “Iveco”, purchased by “Astana LRT”, 105 were acquired by bus fleet #1, 57 by bus fleet #4, 29 by bus fleet #2.

National Chamber of Entrepreneurs "Atameken" keeps on monitoring of the situation of LLP "Temir Tulpar NT" and is ready to defend to the end the violated rights of entrepreneurs.