Termination in the absence of an administrative offense
By the decision of the judge of the SAS of the city of Ekibastuz dated November 20, 2017, which was left unchanged by the decision of the Pavlodar Regional Court dated January 22, 2018, the proceedings in the case against E LLP under part 3 of Article 159 of the Administrative Code were terminated due to the absence of an administrative offense. As follows from the protocol on an administrative offense dated October 3, 2017, "E" LLP approved the tariff on February 10, 2015 and entered into force on March 1, 2015 in the amount of 22 tenge per 1 square meter. At the same time, the cost of collection services is not included in its calculation, however, in fact, in the first half of 2017, 4,672 thousand (about 14%) of the total cost of providing elevator maintenance services are expenses for collection services.
In accordance with subparagraph 6) of Article 1 of the Law of the Republic of Kazakhstan "On Collection Activities", collection activity is the activity of a collection agency aimed at pre–trial debt collection and settlement, as well as collecting information related to debt. The costs of collection services are also imposed on bona fide consumers who do not have overdue debts. Ekibastuz Lift LLP imposed additional conditions on consumers and, without the consent of the consumer, infringing on his right, included in the tariff (contract price) additional economically unjustified conditions for late payment, that is, collection services, thus, the investigation established that "E LLP", abusing its dominant position, violated subitems 1), 4) and 9) Articles 174 of the PC.
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