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July 3, 2012
Zholdassova N. | South-Kazakhstan Oblast, Atakent village
My name is Zholdassova N. During consideration of my application, it has been observed as follows: 
 
N. Zholdassova, on the 4th of May 2011, submitted an application to Mr. Turbekov S., Akim of Maktaaral raion, for provision of 700 square meters of land plot for the construction of canteen, parking and trade facilities, for rendering services to the people along the route of Atakent – Tashkent on the territory of raion. In the Akim’s Decree of Maktaaral raion, dated from May 16, 2011, No. 1276 in accordance with the Article 43, Clause 2.6 of Land Code of the RK and resolution of the Raion Committee for distribution of land, dated from May 11, 2011, No. 17, for this application of Ms. Zholdassova N., on the part of raion architectural department, the drawing of the land plot was developed. It was observed that with the absence of application for consideration of the Committee for distribution of land, there is no resolution for Entitlement for the land plot.
 
Also the letter, dated from May 19, 2011, No. 1918-47/842 of South-Kazakhstan Regional Department for Roads of the Ministry of Transport and Communications of the Republic of Kazakhstan, regarding passage of the highway А-15 «Zhyzak-Zhetysai-Saryagash-Zhibek zholy» through Maktaaral raion, reads: “In accordance with the Article 7 Clause 4 About highways, Act of the Republic of Kazakhstan, lands, occupied by the highways for public use, are related to the governmental property and not subject to the transfer for private property.
 
Therefore, based on the above letter, Ms. N.E.Zholdassova has received resolution to refuse in entitlement for land use.
 
We have been refused in the land plot, but some time later, other people, violating Article 7 Clause 4 About highways of the Act of the Republic of Kazakhstan, that the lands, occupied by the highways for public use, are related to the governmental property and not subject to transfer to private property, took possession of this land plot and, having built trade premises without permission and put containers, have engaged in illegal commercial activity. Is it fair?
 
I would like to mention here that till date my letter has not been confirmed, they tell lie, showing realization on paper; there is a violation of the law again.
 
Despite the violation of Article 7 Clause 4 About highways of the Act of the Republic of Kazakhstan, that the lands, occupied by the highways for public use, are related to the governmental property and not subject to the transfer for private property, no measured have been taken to the owners of illegal trade premises, located near the Customs Station. 
 
Therefore, we ask you: Are trade premises, located near the Customs station, legal or illegal and why do not they observe the law? We request you to check and determine and take actions in accordance with the Act about corruption, to the owners and governmental officials, who relate to the violation of the law.
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