The farmer managed to preserve his pasture lands and continue business
The controversial issue with grazing land led the head of the farm “Sevil” to the Regional Chamber of Entrepreneurs. It all began with the fact that in 2010, having received a loan under the state program "Sybaga", Natalya Kuzmenko bought cattle of meat direction. In 2015, a tender was announced, which resulted in the local authorities providing two land plots to the head of farm, where she put into operation the livestock complex. However, the joy of the village woman did not last long. Creating their own business, a conscientious entrepreneur faced with such moments, which sometimes difficult to calculate. After some time, another decision was issued on the seizure of these lands. Moreover, the entrepreneur has registered the right to long-term lease of land in the justice bodies. She brought all the documentation on the construction of the cattle-breeding complex in accordance with the law. However, this did not stop the local authorities, who filed a lawsuit against the head of the farm "Sevil". The basis, in their opinion, is that these lands allegedly belong to the territory of the settlement. "How can these lands be the territory of a settlement if my pastures are 30 kilometers from the village. And why did the ownership of the land become known a year later after the drafting of the treaty? "- asks the reasonable question Natalia Kuzmenko. Having examined the materials of the case, the experts of the Regional Chamber came to the conclusion that there is a fact of a flagrant violation of the rights and legitimate interests of the entrepreneur, as it follows from the content of paragraph 2 of Article 109 of the Land Code that for the management of a peasant or farm economy from the lands of agricultural use of settlements, plots can’t be granted on the private property right. Whereas, the farm "Sevil" was renting the land and did not have the rights for land in terms of private ownership. The project cost is 60 million KZT and by its actions the local authorities threatened the continued existence of the peasant farm. According to Lashin Baimagambetova, the head of the department for the protection of entrepreneurs' rights and the reduction of administrative barriers of RCE, the district akimat did not provide supporting documents that these lands are really included in the territory of the settlement. Moreover, there is a lease agreement between the farm and the local executive body, so there is no justification for the legality of claims to the entrepreneur. Thanks to the intervention of the Chamber, local authorities abandoned their demands and the farmer managed to preserve his pasture lands and continue his business.
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