• 63
  • 378
  • 40
  • 97
756 SHARES

A cottage community is being built in the water protection zone in the foothills of Almaty. State inspectors can’t check it

Monday, 01 July 2024 19:38 News

People contacted the editorial office of Compromat. They asked to check the construction on Kerey-Zhanibek Khandar Street in Almaty. According to them, there are definitely some violations there. In particular, the rules for building in a water protection zone, restricted access to a public water body (river), a sinkhole along the road, as well as the construction of multi-apartment residential complexes instead of cottages, as indicated in the advertisement. An Compromat  correspondent looked into the situation.

Screenshot of advertisement

After contacting various authorities (GASK, Akimat of Almaty, Balkhash-Alakol Basin Inspectorate (BABI)), it was possible to find out that in the Medeu district of Almaty, next to the river, on an area of more than five thousand square meters. m they are building a cottage community called “Dubrovka” with a restaurant and a fitness complex. The developer is the Atrix-Stroy company, owned by local maslikhat deputy Amirzhan Nabiev.

Future cottage town from a bird’s eye view / photo Compromat

But the situation with the customer is quite strange. On the object’s passport it is written that the customer is River Park Esentai LLP (at least that was the case in the spring). 

photo CompromatScreenshot from Statsnet website

But the Akimat, GASK, BABI and Atriks-Stroy claim that the customer is TOO Global Team. According to the Statsnet website, Global Team is a small enterprise (the official number is five employees) producing paper products. The director is Karakoz Adambekovna  Alimzhanova. 

Screenshot from Statsnet website

It looks suspicious that such a small company with a small turnover, which is not even located at its legal address, is the customer of such a large and expensive project.  

Screenshot from Statsnet website

According to lawyer Ruslan Kozhakhmet, this is a violation, since the approval for the commencement of construction and installation work and other initial documents are issued only to a specific person. And it is the customer who prepares and submits all the documents to obtain permission and notification of the commencement of construction. 

Another oddity with Global Team LLC is that its director has not been found by BABI inspectors for many months to check the above-mentioned facility located in the water protection zone and the Malaya Almatinka and Bekenbai rivers. 

Photo Compromat

Since in March the inspection received a statement from citizen  O. V.  Mukhamediyarova that a construction site in a water protection zone was located at this address. After this, it was decided to conduct an unscheduled inspection No. 16 in relation to Global Team LLC from March 27 to April 2. 

Photo Compromat

But nothing came of it. Since by law they are obliged to hand over the notice to the head of the company the day before. However, when the inspection officers visited the legal address of the company (55 Aiteke Bi St.), they found out that a completely different company was located there. This is a violation of tax legislation. It was not possible to find out where Global Team is actually located. 

Then the inspectors arrived at the construction site of the facility (Kerey Zhanibek Khandary St., No. 232), but no one from the Global Team management was there either.

Photo Compromat

Since March 29, 2024, the inspection has sent six notifications (about the need to appear to sign the act of appointment of the inspection) to all available addresses of Global Team LLP. 

Photo Compromat

On April 2, 2024, the inspection received a message from a representative of Global Team LLC that Director K. Alimzhanova is currently on vacation. The remaining (two) employees do not have the authority to represent interests before government agencies. 

Photo Compromat

On May 28, 2024, an unscheduled inspection was again registered against Global Team LLP, and again it could not be carried out. Company representatives continued to hide from BABI inspectors.

Then, on June 7, 2024, BABI filed a lawsuit on the fact of obstruction of the audit by the company "Global Team". But the court hearing was postponed several times due to the fact that the company’s lawyer was not ready, did not study all the case materials and asked for a postponement of the hearing. 

On June 26, 2024, a meeting was finally held in the specialized interdistrict administrative court of Almaty on the issue of preventing BABI inspectors from inspecting the construction site at Kerey-Zhanibek Khandar, 232. However, the judge rejected the claim. 

“We failed to obtain permission to conduct an inspection through the courts. For some reason, the judge was against us. She said that we should have simply served a notice to a representative of Global Team and conducted an inspection. But we still cannot find a representative. They have a lawyer who handles their affairs, but is not listed as a member of the company. I explained this to the judge, but she was adamant and dismissed the case for obstructing the inspection. We will reopen the inspection, but now we are going to contact the police so that they bring the director of Global Team LLC. I don’t know how else to do it. If they are not at the construction site. Another company is located at their legal address. In the meantime, we are waiting for the court’s decision to file a protest with the city prosecutor’s office,” said authorized inspector Arman Akbarov.

Based on the fact that BABI is not given the opportunity to inspect the object, it is not yet possible to say unequivocally whether there are any violations there or not. But considering how diligently the head of this LLP is hiding, this is very likely. 

Photo Compromat

BABI could not answer unequivocally whether the installation of a fence along the river border is a violation. However, in the Water Code of the Republic of Kazakhstan in Art. 65 says the following: 

“It is prohibited for individuals and legal entities to restrict the population’s access to water bodies of general water use by installing barriers, security points, prohibition signs, except for the cases provided for by this Code.”

According to the documents presented, the purpose of the target site is the construction of individual residential buildings. But whether the construction of an entire cottage village falls under this category is a moot point. 

Photo Compromat

But even if so, the buildings themselves, with several floors, are more reminiscent of multi-apartment residential complexes (MRC) than private houses. In addition, a restaurant and fitness complex will be built there.  

Photo Compromat

At the moment, BABI continues to hunt for the elusive head of "Global Team" in order to finally conduct an inspection of the facility. Compromat will continue to closely monitor the developments. 

Let us recall that the cottage town "Dubrovka" is not the only project of the deputy Amirzhan Nabiyev, which was at the center of scandals. In February of this year, the court ordered the deputy-developer to pay 36 million tenge to the state for violating the deadlines for the reconstruction of the burnt-out akimat building, as well as obligations for state purchases.

And in March in Almaty, the ground collapsed under the residential complex “Clubny Dom na Zhamakayeva”, which is also being built by Atrix.

By the way, about the deputy developer. In the Law “On Local State Administration and Self-Government in the Republic of Kazakhstan”, Art. 20, paragraph 6, says:

Maslikhat deputies carrying out their activities on a permanent or exempt basis, paid from the state budget, do not have the right to carry out entrepreneurial activities, independently participate in the management of an economic entity, or engage in other paid activities, except for pedagogical, scientific or other creative ones.

True, we don’t yet know whether Nabiyev receives a salary from the state...