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Информация о Постановлении Правительства Кыргызской Республики о ЗАО «Южно-Кыргызский цемент»

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Информация
о постановлении Правительства Кыргызской Республики
от 13 июня 2018 года № 284 «О предоставлении в срочное пользование  ЗАО «Южно-Кыргызский цемент» земель, расположенных на территории Ноокатского района Ошской области»

С даты образования Баткенской области — 13 октября 1999 года город Кызыл-Кыя вошел в состав Баткенской области. Вместе с тем, линия прохождения административной границы города Кызыл-Кыя не была установлена и не утверждена до настоящего времени.

При этом, постановлением мэрии г. Кызыл-Кыя Баткенской области от 29 декабря 2005 года № 417, ЗАО «Южно-Кыргызский цемент» (далее – ЗАО «ЮКЦ») был предоставлен во временное пользование земельный участок площадью 26,0 га, расположенный на административной территории айыльного округа имени Т.Кулатова Ноокатского района Ошской области, сроком на 49 лет с последующим выкупом.

По данному факту прокуратурой Ноокатского района было возбуждено уголовное дело в отношении должностных лиц мэрии и ГРС г. Кызыл-Кыя и ЗАО «ЮКЦ».

Также прокуратурой Ноокатского района, в целях исключения конфликта интересов судебных органов Ошской и Баткенской областей, 15 июля 2010 года в межрайонный суд Жалал-Абадской области было подано исковое заявление о признании недействительным вышеуказанного постановления мэрии г.Кызыл-Кыя которое было полностью удовлетворено в первой и во второй инстанции, и соответственно отводимый для производства цемента ЗАО «ЮКЦ» земельный участок был признан территорией Ноокатского района…

Решением Верховного суда Кыргызской Республики от 24 апреля 2012 года решения первой и второй инстанций судебных органов Жалал-Абадской области были оставлены в силе.

В соответствии со статьей 96 Конституции Кыргызской Республики, все акты Верховного суда Кыргызской Республики являются окончательными и обжалованию не подлежат.

Кроме того, согласно письма Государственной регистрационной службы при Правительстве Кыргызской Республики от 8 сентября 2016 года, адресованному Министерству юстиции Кыргызской Республики следует, что согласно предоставленным ЗАО «ЮКЦ» материалам по переносу границ в натуре между Ноокатским районом Ошской области и Кадамжайским районом Баткенской области, Государственным проектным институтом по землеустройству «Кыргызгипрозем» при Министерстве сельского хозяйства, пищевой промышленности и мелиорации Кыргызской Республики установлено, что земельный участок 29,26 га расположен в пределах административно-территориальной границы Ноокатского района Ошской области.

С учетом изложенного, во исполнение решения Верховного суда и в порядке приведения в соответствие с ним решений органов исполнительной власти, 15 февраля 2017 года Министерством юстиции Кыргызской Республики был разработан и внесен в Аппарат Правительства Кыргызской Республики проект постановления «О предоставлении в срочное (временное) пользование земель ЗАО «ЮКЦ», расположенных на территории Ноокатского района Ошской области Кыргызской Республики.

В целях обеспечения согласия и стабильности в регионе, принимая во внимание достигнутые договоренности между губернаторами Ошской и Баткенской областей 16 мая 2011 года, мирного митинга инициативной группы айльного округа имени Т.Кулатова Ноокатского района 18 мая 2011 года, а также в соответствии совместными решениями Министерством экономики и Министерством финансов от 12.03.2012 года, распределение налогов между Баткенской областью и Ноокатской районной администрацией будет производиться на условиях 50% на 50%, как ранее.

По согласованию с руководством ЗАО «ЮКЦ» решено производить оплату налогов как по месту учетной регистрации, так и по месту налоговой регистрации с соблюдением пропорции. Об этом было сообщено ЗАО «ЮКЦ», Управления ГНС по Ноокатскому району и Управления ГНС по г.Кызыл-Кыя письмом Государственной налоговой службы при Правительстве Кыргызской Республики №485/11 от 09.06.2011 года.
Правительством Кыргызской Республики 13 июня 2017 года принято Постановление № 284 «О предоставлении в срочное (временное) пользование ЗАО «ЮКЦ» земель, расположенных на территории Ноокатского района Ошской области Кыргызской Республики. Данное постановление является итоговым решением, учитывающим интересы всех сторон, а также создает условия для дальнейшего развития промышленности строительных материалов. В результате ЗАО «ЮКЦ» предоставляется возможность возвести вторую линию производства и существенно увеличить производственный потенциал региона в целом и соответственно созданию новых рабочих мест и увеличению налоговых поступлений в республиканский и местные бюджеты.

Справочно:
ЗАО «Южно-Кыргызский цемент» всего уплачено в государственный бюджет налогов в 2016 году — 325,1 млн. сомов, в 2017 году 408,3 млн. сомов, из которых доля местного бюджета составила 54,1 млн. сомов и 41,5 млн. сомов, соответственно.

Доходы местного бюджета по г.Кызыл-Кыя составили в 2016 году – 13,0 млн. сомов, в 2017 году – 6,0 млн. сомов, по Ноокатскому району в 2016 году – 37,7 млн. сомов, в 2017 году – 33,9 млн.сомов.

В целях исключения конфликта интересов судебных органов Ошской и Баткенской областях, исковое заявление Прокуратуры Ноокатского района от 15 июля 2010 года о признании вышеуказанного постановления мэрии г.Кызыл-Кыя, было рассмотрено в судебных органах первой и второй инстанций Жалал-Абадской области, вынесенные решения которых Решением Верховного суда Кыргызской Республики от 24 апреля 2012 года были оставлены в силе, и соответственно отводимый для производства цемента ЗАО «Южно-Кыргызский цемент» земельный участок был признан территорией Ноокатского района.

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