Novellas - the fight against raiding and the protection of the rights of entrepreneurs

For publication in the newspaper "Soltustik Kazakhstan"

 

"Novellas-the fight against raiding

and protection of the rights of entrepreneurs"

 

The North Kazakhstan Transport Prosecutor's Office constantly supervises the issues of strengthening the fight against raiding, protecting entrepreneurs from illegal interference of state bodies and officials.

On September 4, this year, the Law of the Republic of Kazakhstan "On Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on strengthening the fight against raiding, protecting business activities from illegal interference of state bodies and officials and strengthening measures preventing illegal turnover of precious metals"is put into effect.

The norms of the Law significantly strengthen the legal guarantees of business entities.

Thus, article 249 of the Criminal Code was supplemented by Part 1-1, which provides for criminal liability for raiding, by forcing the owner to alienate a legal entity, a share in it, securities and other property as a result of organizing or initiating inspections and other measures against this legal entity by law enforcement, other authorized bodies or in court.

Part 1 of Article 249 of the Code is also supplemented with new methods of raiding: "by intentionally infringing the rights and legitimate interests of a shareholder, a participant of a legal entity when making decisions by the general meeting of shareholders, participants, or intentionally creating obstacles to the management of a legal entity or the execution of a decision of the general meeting or the exercise of the functions of the executive body by withholding constituent or other title documents, seals of a legal entity."

Article 365 of the Code has been supplemented with new ways of obstructing legitimate entrepreneurial activity: "by violating the procedure for conducting inspections, unlawfully refusing to issue or evading the issuance of a special permit (license) for carrying out certain activities, illegally suspending the activities of a business entity and (or) operations on its bank account, forcibly illegally attracting a private business entity to charity and other events, unlawfully refusing, obstruction in the application or unlawful non-application of benefits and preferences".

Along with this, it is possible to conduct a compulsory inspection in the premises and on the territories of organizations, including those used by individual entrepreneurs, only with the approval of the investigating judge.

These legislative innovations will provide guarantees to businesses from illegal or unjustified interference in their activities. Accordingly, these measures will improve the welfare and development of the state as a whole.

As part of the execution of the instructions of the Head of State on the transition to a three-tier model of the criminal process, the Prosecutor's Office has taken measures to monitor the registration of criminal case materials, including on the facts of raiding and obstruction of legitimate business activities.

In case of illegal involvement of business entities in the orbit of criminal prosecution, the actions of officials will be immediately suppressed, with the adoption of measures of the prosecutor's response.

Also, in order to prevent obstruction of legitimate business activities, restore the violated rights of business entities, a mobile group of the transport prosecutor's office operates on the territory of the North Kazakhstan region. We ask you to inform us about all the facts to the mobile numbers: 87767007711 and 87078038916.

 

 

North Kazakhstan

transport prosecutor's office