The Chamber of Entrepreneurs of Kyzylorda defended the interests of entrepreneurs in the amount of 11 848 700 tenge
The Chamber, protecting the interests of the entrepreneur in court, helped to save him from paying 11,848,700 tenge
Employee of the Chamber of Entrepreneurs Salavat Kulmahan, protecting the interests of an entrepreneur in court as a representative, helped save him from paying 11,848,700 tenge.
Circumstances have developed as follows.
In 2016, the regional department of agriculture filed a lawsuit against the farm "Turtan Ata" in the Zhanakorgan district. The basis for this was the audit carried out by the regional prosecutor's office. During the audit the authorities checked the compliance with the law on the payment of subsidies to agricultural producers, the regional prosecutor's office found that in the period from 2013 to 2015, 6 farms were overpaid, getting just 24,834,992 tenge of subsidies extra. Of these, 11 848 700 tenge was overpaid to "Turtan Ata" farm.
This peasant farm is engaged in animal husbandry. Today it grows 3000 heads of cattle, providing jobs for 30 people. The head of the economy, in order to ensure timely provision of water to the pastures, drilled 4 wells in accordance with the requirements. Later I heard that it was possible to cover part of the expenses with state subsidies, based on the Principle "Subsidy for reimbursing part of the expenditure spent during investment investments of the agro-industrial complex", approved in 2014 by the Government Decree. Documents were presented to the regional commission. As a result, the regional commission paid the farm subsidies in the amount of 13,193,500 tenge in 2014.
However, on the recommendation of the prosecutor's office, it was concluded that the regional department of agriculture overpaid the entrepreneur 11 848 700 tenge.
The lawyers of the Chamber of Entrepreneurs carried out comprehensive studies on this issue and provided all the approvals, but at the first court session it was decided to recover from the peasant farm 11 848 700 tenge in favor of the regional department of agriculture.
Disagreeing with the decision of the court, the head of the farm in April this year filed an appeal to the regional court. Before filing an appeal, the Specialists of the Chamber of Entrepreneurs comprehensively studied all the legal acts concerning this issue and even requested explanatory letters from the Ministry of Agriculture.
The regional court determined that the court of first instance did not take into account the evidence submitted by the respondent during the consideration of the case and the case was considered unilaterally, and therefore the decision of the regional specialized inter-district court on 26th of January 2017 was canceled. As a result, the requirement of the regional agriculture department to return to the state budget 11 848 700 tenge remained without satisfaction and the businessman was able to save his money.
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