According to the official Telegram channel of the court, in the summer of 2023, the land commission declared the winner of the competition held by the akimat of the Bukhar-Zhyrau district of the Karaganda region to be a farming enterprise and signed a lease agreement for a 247-hectare land plot for a duration of 10 years.
Another participant in the competition contested the results in court, pointing out the incorrect scoring of the winner and the lack of review of business plans by the commission, which, in his view, led to violations and infringements of his rights and interests.
The SMA, denying the claim, concluded that there were no violations of land legislation during the competition.
The appeal recognized the commission's decision and the akim's ruling on granting the farming enterprise long-term land use rights as unlawful and annulled them. The regional court mandated the akim to reevaluate the results of the competition for the lease rights in the Kyzylkain rural district.
The district akim appealed this decision to the cassation court.
The Supreme Court's SCAD, upon reviewing the case, noted that from the video recording of the commission's meeting, it was evident that the commission members did not vote on the allocation of primary or additional points, which were assigned by the commission chair without any voting process.
According to the Land Code and the Rules for organizing and conducting competitions for granting lease rights for farming, an additional 10 points are awarded to those residing in the area, city, village, or settlement for at least 5 years.
Considering that at the time of the competition, the winner along with his family was registered in Karaganda, he was unjustly awarded 10 additional points, which ultimately determined his victory.
In this regard, the Supreme Court upheld the regional court's ruling in this case and dismissed the district akim's appeal.
Earlier, it was reported that hereditary cattle breeders in the Turkestan region were left without pastures. They claim that the lands where they used to graze their livestock have been given to a foreign company.
Meanwhile, in the Akmolinsk region, the district akim was penalized with a monetary fine for failing to comply with a court request.