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forced to sell plants: foreign investor on actions of the Almaty akimat

Submitted by Вера Александрова on

The Executive Director of the public association "Әділдік жолы" Didar Smagulov spoke about pressure on a foreign investor after he refused to sell factories. 

As reported by the activist on his Facebook page, the investor invested more than $10 million in the construction of two factories in Almaty: a cable factory and a metallurgical one. The investor paid more than 1.3 billion tenge in taxes alone.

"The fully closed-loop enterprises processed more than 7,500 tonnes of raw materials (copper, aluminium, etc.), producing a wide range of cable products: from wires for kettles to high-voltage lines and super-technological solutions with sensors and smart insulation", the statement reads.

According to the activist, people from the Almaty Akimat once offered the investor to sell the factories. He refused.

"Problems for the enterprises were not long in coming: the Akimat organised all sorts of illegal inspections. Both through the Industrial Zone LLP, and through the departments of Emergency Situations, Technical Regulation, Protection and Development of Competition, trying to completely stop the factory. Various Akimat departments also organised illegal inspections, which were later overturned by the prosecutor's office or the court: the departments of Energy Efficiency, Entrepreneurship and Investment, and GASK," writes Didar Smagulov.

At the same time, the Department of Land Relations also organised inspections. It turned out that the enterprise's lease for the land plot, which was not being renewed, was expiring.

"The investment and production holding applied to the Almaty Akimat 8 times to obtain the land on which the factories have long stood. They were either refused or simply ignored," the activist claims.

The investor then went to court for justice. Since the investment project falls under the jurisdiction of the capital, the case was heard by the Judicial Panel for Administrative Cases of the Astana Court. 

It is reported that the court recognised the illegality of the Almaty Akimat's actions and, in addition to 2 decisions, issued 4 private rulings. The prosecutor's office made 3 representations.

"The Almaty Anti-Corruption Service was literally forced to acknowledge that the actions of the Akimat constitute: Art. 365 of the Criminal Code of the Republic of Kazakhstan (Obstruction of legitimate entrepreneurial activity); Art. 370 of the Criminal Code of the Republic of Kazakhstan (Inaction in service); Art. 450 of the Criminal Code of the Republic of Kazakhstan (Abuse of power); Art. 451 of the Criminal Code of the Republic of Kazakhstan (Exceeding authority)," reported Didar Smagulov.