The Council will continue to guard interests of business
Out of the 37 issues considered by the Council for the protection of the rights of entrepreneurs in 2016, 13 were decided positively
The Council for the protection of the rights of entrepreneurs of the Regional Chamber of Entrepreneurs presented report on activities in 2016.
The most resonant case of the last year is a systemic problem concerning land tax rates for the town of Shakhtinsk. The question of legal rates concerned 371 businesses. The Chamber of Entrepreneurs sent an appeal to the regional prosecutor's office, the results of which revealed violations of tax laws when calculating land tax for entrepreneurs from settlements Dolinka, Novodolinka and Shakhan. The Council was able to stop the practice, reserved the right businesses, totaling more than 210 million tenge, and the perpetrators were disciplined.
In total the Council considered 12 issues of a systemic nature in 2016, 21 were of a private nature.
Deputy Director of Legal Affairs of the Chamber of Entrepreneurs, the Secretary of the Council Gennady Zhmuk spoke about the results of the work of the body.
"Issues, which were considered at the Council, were related to the legality of the actions of local executive bodies, the State Revenue officials, law-enforcement bodies and other authorized bodies. We resolved positively 13 questions out of 37, but that does not mean that other issues were left without solutions, they are work on. We'll go to the end, and will not leave an entrepreneur alone with the problem", - said G. Zhmuk.
On systemic issues, the secretariat of the Council sent a letter to the National Chamber of entrepreneurs with a proposal for amendments and additions to the existing legislation of the Republic of Kazakhstan. One of these issues was the adopted normative resolution of the Supreme Court dated by 7th of July 2016 on the correct and uniform application of law on pseudo-entrepreneurship by the courts.
The Council also managed in conjunction with the regional prosecutor's office to stop the illegal practice of the Department of Statistics on bringing private entrepreneurs to administrative responsibility for violation of an order of submission of primary statistical data. Last summer, this innovation strongly disturbed entrepreneurship of the region.
"If we talk about private matters of business that came to us, in the field of public procurement we have identified violations of the current legislation on the part of customers in respect of LLP "AsiaBell" and SP Butorina, the results of procurement were recognized as illegal and were canceled upon our appeal to the prosecutor’s office. Appeals of LLP "Zharyk-T" and LLP "Manganetz" were positively resolved, to which customers on public procurement did not pay debts. After review of the case by the Council, the debt in the total amount of about 16 million tenge was paid. Another resonance problem has happened last summer with the employers of the trade house “Shygys”, which came in the middle of the night for a check. All that stopped after our intervention", - said the Deputy Director of the Regional Chamber.
According to the Council’s Secretariat, the problems of entrepreneurs are pending, which are being discussed in the judiciary, internal affairs agencies, prosecutors, public revenues bodies. And one major case has been referred to the National Bureau of Anti-Corruption on the regional level. Here, experts of the Chamber revealed the fact of (forgery) by officials of the department of agriculture under Article 369 of the Criminal Code.
"In general, the work of the Council on the protection of entrepreneurs is conducted efficiently. Given that the support and development of business in our country is one of the priorities of the state policy, the Council for Protection of the entrepreneurs rights of RCE will continue to guard business regardless of the nature and significance of the problematic issues", - said chairman of the Council for the Protection of the Rights of Entrepreneurs of the Chamber of Entrepreneurs Serik Toregeldin.
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