Gold Stone LLP has had its rights to a land plot restored following intervention by the environmental prosecutor's office of Zhambyl Region. The prosecutor's office identified violations in the transfer of the land to another land user and secured the annulment of the akimat's decision.
WHAT HAPPENED
According to the environmental prosecutor's office of Zhambyl Region, the investor's rights were reinstated following an investigation into a complaint from Gold Stone LLP, which is implementing a project for the extraction of solid minerals.
The company complained about the actions of the akimat of Moiynkum District concerning the allocation of the land plot. During the analysis, the prosecutor's office established that a plot of 36 hectares, located within the boundaries of the investor's mining allotment, had been transferred to another land user for the placement of a production base.
WHAT VIOLATIONS THE PROSECUTOR'S OFFICE IDENTIFIED
The lease right to the disputed plot was formalised without holding mandatory tenders. The prosecutor's office stated that this contradicts the requirements of Article 48 of the Land Code of the Republic of Kazakhstan.
Following the intervention of the supervisory authority, the unlawful akimat resolution was overturned by an act of prosecutorial supervision.
WHAT MEASURES WERE TAKEN
According to the prosecutor's office, the responsible official has been held accountable. However, the materials do not specify the type of liability or the measures applied.
It is also reported that the land commission has already formulated recommendations for granting the disputed plot directly to the investor.
WHY THIS CASE IS IMPORTANT
The situation demonstrates the impact land disputes can have on the implementation of investment projects. According to the prosecutor's office, violations in the area of land relations can create additional risks for investors and complicate the execution of business projects.
At the same time, the published materials do not provide data on the possible financial consequences of the situation or the timeline for the final registration of the land plot to the investor.
WHERE INVESTORS CAN TURN
The prosecutor's office of Zhambyl Region urged entrepreneurs facing administrative barriers to seek protection of their rights by calling +7 (775) 891-25-52 or via the 115 Call Centre.