Complaint to the Prosecutor's Office about the inaction of the Tax authorities

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To the Prosecutor's Office of Almaty, Republic of Kazakhstan,

Almaty, 050059, Bostandyk district, Zheltoksan str., 189.

from a citizen: ............. IIN ......................

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002, Abylai Khan ave., 79

, office 304. info@zakonpravo.kz / www.zakonpravo .kz + 7 (708) 578 57 58.

Statement

We have repeatedly contacted the UGD in Almaty regarding the illegal rental of an apartment, but the UGD formally refuses a specific response where we have provided all supporting documents. Since 02/03/20.. the year between gr. ............, ( hereinafter referred to as the Landlord) and gr. .................  (hereinafter referred to as the Tenant), a civil law agreement was concluded in accordance with Articles 716 (Form of loan agreement), 150-152 (Form and terms of a written transaction) of the Civil Code of the Republic of Kazakhstan, pursuant to which, at the insistence of the Landlord himself, the Landlord rented out a room in an apartment located in Almaty, .........., d ....., sq . m . 35. After renting the room, the Tenant repeatedly asked the Landlord to conclude a written agreement and make a temporary residence permit, but the Landlord did not conclude an agreement on renting the room and did not register it.

08/11/20.. her daughter, taking advantage of the absence of the Landlord, as a daughter, evicted the Tenant unreasonably, calling police officers (as evidenced by the IP case file in the appendix) from the apartment, without prior warning, without reimbursing the amount paid in advance for the rent of the room, insulting the honor and dignity, the business reputation of the Tenant in front of neighbors in the entrance, their relatives, employees of the inspection have spread information that is not true, that there is slander that belittles and defames the honor and dignity of a person. After which the Tenant, having moved out of the apartment, hardly found an apartment to live in, and before that she practically lived on the street after which she felt moral and physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, experienced (endured, experienced)) By the Tenant as a result of an offense committed against the Tenant. Whereas, in accordance with paragraph 1 of Article 17 of the Constitution of the Republic of Kazakhstan, human dignity is inviolable, and in part 1 of Article 34 of the Constitution, it is stipulated that everyone is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, to respect the rights, freedoms, honor and dignity of others. Thus, by illegally renting out a room, the Landlord violates the requirements of Article 4 of the Tax Code, the Principles of Taxation.  The tax legislation of the Republic of Kazakhstan is based on the principles of taxation established by this Code. The principles of taxation include the principles of obligation, certainty of taxation, fairness of taxation, integrity of the taxpayer, unity of the tax system and transparency of the tax legislation of the Republic of Kazakhstan. As well as Article 31 of the Tax Code "Tax liability", a taxpayer's obligation to the state arising in accordance with the tax legislation of the Republic of Kazakhstan, by virtue of which the taxpayer is obliged to perform the actions specified in paragraph 2 of Article 36 of this Code, is recognized as a tax liability. The state, represented by a tax authority, has the right to require a taxpayer (tax agent) to fulfill his tax obligation in full, and in case of non-fulfillment or improper fulfillment of a tax obligation, apply methods to ensure it and measures of enforcement in accordance with the procedure established by this Code.

To which we have received a response from you of the following nature. In order to monitor compliance with tax legislation and conduct business without registration with the state revenue authorities, the State Revenue Department for the Bostandyk district of Almaty conducted a tax survey at 195 Dzhandarbekov St., 35 block, Almaty. Based on the results of the work carried out, it was established that the owner The apartment is _______________ IIN ________________, At the moment, Gr's mother lives at the above address.____________________________. Your appeal does not provide specific facts and documents confirming tax violations, as well as information about the alleged damage caused to the state by tax evasion and other mandatory payments to the budget. In this regard, in order to take appropriate tax control measures, it is necessary to submit documents indicating a violation of tax legislation. To which they additionally sent to the UGD supporting documents on the availability of the apartment, which directly indicate the fact of illegal renting of the apartment, however, the UGD did not carry out exhaustive work on this fact. Based on the above and guided by art. 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and Legal entities", Art. 1, the Law of the Republic of Kazakhstan On the Prosecutor's Office, states that the Prosecutor's Office on behalf of the state carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. Art. 5 of the Law states that the Prosecutor's Office exercises supreme supervision (hereinafter referred to as supervision) over the legality of judicial acts that have entered into force.

We are stunned by the illiteracy of the judges who made the above decisions, as a result of which it becomes scary!!! The above-mentioned mistakes cause irreparable damage to the image and authority of not only the judicial system, but the entire law. Based on the above and guided by the Law of the Republic of Kazakhstan on the Prosecutor's Office,

I ask you to:

In accordance with the procedure established by law, adopt acts of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law;

To conduct a second check at the above address for the rental of a room based on the materials of the Police Department, a neighbor's receipt;  

To bring to justice the guilty persons who rent out rooms without forming a legal entity and/or paying mandatory taxes on profits; to respond to the application within the time limits established by law.

Sincerely, Proxy Representative: _________________/ Sarzhanov G.T. "____"__________20.. the year.

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