On the recognition of illegal actions in not accepting applications for the purchase of daily young animals of the final form of egg production, on the restoration of violated rights by accepting applications
6001-22-00-6ap/1289 dated 12.01.2023
Plaintiff: LLP "A".
Defendant: State Institution "Department of Agriculture of the Almaty region"
The subject of the dispute: on the recognition of illegal actions in not accepting applications for the purchase of daily young animals of the final form of egg production, on the restoration of violated rights by accepting applications
Review of the defendant's cassation complaint PLOT:
From December 2019 to February 2020, the Partnership acquired daily young animals of the final form of egg production and submitted an application for a subsidy to the subsidy information system (hereinafter referred to as the ISS).
The plaintiff's application was not accepted by the defendant due to the lack of budgetary funds for the chosen subsidy area.
Judicial acts:
1st instance: the claim is satisfied. Appeal: the decision remains unchanged. Cassation: judicial acts are upheld.
Conclusions:
The courts' conclusion is that the plaintiff has complied with all the requirements of the Rules for Subsidizing the Development of Livestock Breeding, Increasing productivity and quality of Livestock Products (hereinafter referred to as the Rules).
By virtue of subparagraph 1) of paragraph 4 of Article 11 of the Law of the Republic of Kazakhstan
"On State regulation of the development of the agro-industrial complex and rural territories" subsidizing the agro-industrial complex is carried out in accordance with the rules for subsidizing the agro-industrial complex, provided that the recipient of subsidies undertakes in accordance with the form established by the authorized bodies in the field of the development of the agro-industrial complex and in the field of rural development, to submit reliable state statistical reports on the gross harvest to the state statistical authorities and his monthly expenses.
According to paragraph 3 of the Rules, subsidies are carried out according to the list of directions and standards of subsidies set out in Appendix 1 to the Rules.
Subsidies are paid on the basis of the submitted application, specified in Appendix No. 2 to the Rules, at the time of submission.
The courts have reliably established that the plaintiff purchased the daily young of the final form of the egg line and, within the time limit set by the Rules (within 12 months from the date of purchase), applications for subsidies were submitted.
Paragraphs 14-16 of the Rules provide that the application is registered in the ISS by signing it with the electronic digital signature of the producer and becomes available in the personal account of the Management.
The Management confirms its acceptance within one business day from the moment of registration of the application by signing an appropriate notification using EDS.
The Management forms payment orders for the payment of subsidies in the ISS, uploaded to the Treasury-Client information system, within two business days after confirmation of acceptance of the application.
For applications in which the amount of subsidies exceeds the amount of budget funds provided for in the financing plan for the corresponding month, subsidies are paid next month, in order according to the date of receipt of applications.
In this regard, the local courts correctly concluded that the contested actions of the Office to refuse to accept applications contradict the Rules, since there is no rule in the Rules indicating that the lack of funds is the basis for refusing to consider an application for subsidies.
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