11.12.15 Astana city
In the framework of the I stage of reconstruction Presnovskogo group water pipeline in the North-Kazakhstan region in July 2014 by the Committee on Water Resources of the Ministry of Agriculture signed a contract with the company “SMP-610”, founded by the Portuguese businessman Coelho da Silva Rego. It involved the construction of 186 km-long water pipeline to supply drinking water in nineteen villages Esil and Mamlyut District North Kazahstnskoy area. Project organization acted LLP “Institute Taldykorganvodproekt.” The estimated cost was 7.7 bln. Tenge. Construction began in August 2014 and scheduled its completion in 2019.
In January 2015 on the treatment participated in the same competition for public procurement of LLP “Insek” Committee of financial control MF RK filed a lawsuit on the recognition of the above-mentioned Agreement invalid, which was satisfied. After the appeal of the Committee on Water Resources of the Ministry of Agriculture in the Specialized Inter-district Economic Court of Astana city court’s decision was upheld.
However, in September 2015 on the complaint of RSE “Kazvodhoz” The appeal panel of judges Astana canceled the earlier decision of the Specialized Interdistrict Economic Court Mr. . Astana and the Court of Appeal Judicial Board for civil and administrative matters of the court of Astana. At the same time, the panel took into account the fact that the terms of the contract executed by the contractor and by the customer has no claims !!!
That is, the Water Resources Committee of the Ministry of Agriculture and its subordinate organizations, on the contrary, to take measures to recognize the validity of the previously signed contract.
Since then, the construction works were to be reopened, but in August 2015 in connection with the crisis in the economy of a moratorium on the allocation of funds from the state budget on the initiative, the performance of which is less than 80% until 2019.
LLP “SMP-610 “at that time to meet its contractual obligations by 16.4%. Accordingly, the construction project Presnovskogo group water allocations from the state budget for 2016 is not planned.
At this point, the Committee on Water Resources Ministry of Agriculture is taking steps to attract investment funds to allow the continuation of construction works on the reconstruction of Presnovskogo group water pipeline in spite of the current economic situation.
In part the fact that the Committee on Water Resources Ministry of Agriculture allegedly violated investors’ rights should be noted that in this case, LLP “SMP-610” is a contractor to carry out certain works. Their funds in the construction of water pipeline LLP “SMP-610” does not invest, but only carries on the state order, ie LLP “SMP-610” in this case is not an investor.