Legal advice on administrative fines and offenses
By the resolution of the SMAS of Almaty dated July 30, 2018, G LLP was brought to administrative responsibility under part 2 of Article 159 of the Administrative Code with the imposition of an administrative fine in the amount of 5% of the Partnership's income as a result of monopolistic activities, which amounted to 51,422,642 tenge, with confiscation of monopoly income in the amount of 16,293,945 tenge. As follows from the case file, according to the Department's calculations based on the Partnership's data: the sale of the remaining petroleum products purchased at a low price, at a new, higher retail price, through anticompetitive coordinated actions to raise prices, amounts to 1,929,684,301 tenge, respectively, the fine will amount to 5% - 96,484,215 tenge.
When determining the amount of the fine, the court proceeded from the amount of revenue in the amount of 1,028,452,841 tenge, with reference to Article 86 of the Tax Code of the Republic of Kazakhstan, minus the amount of VAT and excise duty, also indicating information in the Department's calculations about incorrect data on the volume of petroleum products sold in liters. The court's ruling does not contain a detailed calculation of the excluded amounts. #Lawyer #Lawyer #Legal service #Legal advice
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