What did Kostanay entrepreneurs complained on at the meeting with the Business Ombudsman?
The Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan Bolat Palymbetov listened to the problems of regional business during his working trip to the Kostanay region
What should be done if officials cheat the company and do not pay for the state order? How to use the electronic grain receipts in the absence of clarification from the developers? And when, in the end, bona fide entrepreneurs will no longer be responsible for the "pseudo-entrepreneurs"?
These are just some of the questions that the representatives of business circles of the Kostanay region were able to ask the Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan Bolat Palymbetov, who visited the region with a working visit. After the meeting with akim and the prosecutor of the region, he took part in the reporting meeting and talked with businessmen in the "free microphone" format. Over seventy entrepreneurs attended the event.
"I do not want to teach you the morality of business. But the problems that you voice, they will be heard. 90% of all complaints, that come to us, can be resolved in the regions, and NCE carriers work in this direction", - stated Bolat Palymbetov, prior to a series of questions from entrepreneurs.
One of the first, who wanted to be speak on behalf of the whole army of regional agricultural producers, was a practicing lawyer Yury Kalyuzhny. According to him, today the farmers are extremely concerned about the prospect of the upcoming transition to electronic grain receipts. Changes to the law on the grain will come into effect on 23rd of July, but very few people understand how to work by the new system.
"The essence has changed. A simple warehouse certificate will be given instead of a double warehouse certificate. Transfer of grain from one owner to another won’t be accompanied anymore by the inscription on the reverse side of the certificate. Instead, an electronic order in a single information system will be applied. But never the representatives of this system have been able to show us how this order works and how it is made! And 23rd of July is approaching soon. After that the whole grain market may suspend its work", - complained Yury Kalyuzhny.
And the Business Ombudsman, and present representatives at the meeting assured NCE that they will raise the issue with the Ministry of Agriculture in the near future, and, in particular, regarding the holding of special seminars for farmers.
The head of LLP "Promstroykomplekt" Alexander Kogay complained on the fact, which occurred in his business practice. In 2014, his company won the tender for development of DED for the reconstruction of the health and recreation resort. The cost of works was 14 million tenge. The company has prepared the DED, but has never received the money from the Construction Department of Kostanay.
"In 2015, a similar incident occurred. The same client held a tender for the construction of engineering networks in the industrial zone. Cost of works was 104 million tenge. We started the work, but they did not pay, citing to the sequestration of the budget. Although almost half of the work we have already done. We went to the court, but we lost the case, supposedly, because our contract was not registered at the Treasury", - said Alexander Kogay.
" I personally do not understand such cases. They are your citizens, as a last resort, they could have invited the contractors and said that there is no money, but they are first in queue for pay off. Today, for the 1st quarter the collection to the budget is 125%, i.e., there is an increase ... I propose that we together tightly with the prosecutor's office study this case", - said Bolat Palymbetov.
The systemic problem of all Kazakhstani business also causes concern to Kostanay entrepreneurs – namely, the accrual of additional taxes by the State Revenue Department for transactions with pseudo-entrepreneurs. The reason - the court recognized as invalid the registration of a legal entity with which the businessmen had transactions before. The deputy director of the Regional Chamber of Entrepreneurs Samat Sadvakassov spoke about this situation and the business, which were present at the meeting, confirmed this fact. However, according to the business of the Ombudsman, there is a shift from a standstill in this matter.
"As for pseudo-entrepreneurship a working group was set up, which plans to eliminate the norm of the law, or to find an alternative. After all, in court, as the practice shows, almost always a businessman looses. The Government has already supported the proposal of NCE to abolish the articles of the Criminal Code on pseudo-entrepreneurship. here will work a commission, which will include representatives of the Ministry of Economy, the Ministry of Finance, the Ministry of Justice, GPO and NCE RK "Atameken", which will deal with identifying violations against businesses and the legality of the taken decisions. Not so long ago, I met with a colleague, the Business Ombudsman Boris Titov from Russia. According to him, the law on pseudo-entrepreneurship was repealed in Russia in 2010", - said Bolat Palymbetov.
There were questions about the collateral policy of banks in relation to rural businessmen, they talked about law norms concerning regulation of alcohol products, which create a lot of trouble to Kostanay brewers, and raised a number of other problems. The businessmen, who did not voice their problems in front of the audience, or simply did not have time, asked them after the general meeting in personal. Bolat Palymbetov held a reception of entrepreneurs, which was booked in advance by fifteen people. The reception lasted for more than two hours.
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