Photo: Şevval Pirinççi / Pexels
Market owners in Makanshy district no longer have to provide land free of charge under a district administration resolution that has now been revoked. The resolution was overturned after prosecutors intervened, finding the requirements unlawful. The Abai regional prosecutor’s office reported the decision (informburo.kz).
What land had to be provided free of charge
The district administration adopted a resolution on locations for non-permanent retail outlets. The document designated and approved these locations across Makanshy.
It also imposed an additional obligation on market owners: to provide plots of land for retail outlets free of charge.
Why prosecutors found the requirement unlawful
The Makanshy district prosecutor’s office found that the administration had imposed this obligation on business owners without justification. The requirements violated their rights and legitimate interests.
The prosecutor’s office described this as unlawful interference in business activity. It concluded that the resolution imposed additional, unjustified obligations on market owners.
How the requirement for market owners was revoked
The prosecutor’s office issued a formal oversight notice. The district administration’s unlawful resolution was revoked in response.
The decision concerns the document governing the placement of non-permanent retail outlets in Makanshy district, Abai region.
Who was held liable and under which article
The head of the district’s business department was held administratively liable. He had drafted the regulation containing the unlawful requirements.
The legal basis was Part 1 of Article 173 of the Code of Administrative Offences. In this case, it was applied to unlawful interference in business owners’ activities.
Put simply: if you own a market in Makanshy, the revoked resolution no longer requires you to provide land for retail outlets free of charge.
