11 investors of the special economic zone (SEZ) "Khorgos – Eastern Gate" incurred excessive costs totalling more than 10 million tenge due to breaches in contracts with the management company. After the prosecutor's office intervened, the funds were returned.
WHAT VIOLATIONS THE PROSECUTOR'S OFFICE IDENTIFIED
According to the prosecutor's office of the Zhetysu region, an analysis revealed discrepancies in the contracts between the management company of the SEZ "Khorgos – Eastern Gate" and the investors.
This concerns contracts for the provision of services related to the management, maintenance, and upkeep of the territory and common facilities of the special economic zone. As established by the prosecutor's office, certain provisions of the documents did not comply with the requirements of current legislation.
In particular, norms contradicting the provisions of the Civil Code were identified, as well as violations in the application of the Rules for calculating and the procedure for paying the commission for services of the management company.
WHY INVESTORS INCURRED ADDITIONAL COSTS
Based on the results of the inspection, it was established that certain terms of the contracts led to the non-application of the stipulated service payment benefits.
As a result, 11 investors did not take advantage of the benefits for paying commissions. The amount of overpaid funds exceeded 10 million tenge.
WHAT MEASURES WERE TAKEN FOLLOWING THE INSPECTION
The prosecutor's office of the Zhetysu region submitted a representation to the management company to eliminate violations of the law.
After the representation was reviewed, the investors' rights were restored. The funds were returned through a recalculation.