The Supreme Court of Kazakhstan dismissed the complaint from the Akim of the Bukhar-Zhyrau District.

According to the case materials, in the summer of 2023, the land commission declared a farming enterprise (FE) the winner of a competition organized by the Akimat of the Bukhar-Zhyrau District in the Karaganda Region, and a lease agreement for a 247-hectare plot was signed for a period of 10 years.

“Another participant in the competition challenged the results in court, noting the incorrect scoring of the winner and the commission's failure to review the business plans, which led to a violation and infringement of their rights and interests. The Specialized Inter-District Administrative Court (SMAС) — Note from Total.kz — rejected the claim, stating that no violations of land legislation occurred during the competition. The appellate court deemed the commission's decision and the Akimat's ruling to grant the FE long-term land use rights as unlawful and annulled them,” — said the message from the Supreme Court of the Republic of Kazakhstan.

The regional court instructed the Akimat to reassess the results of the competition for leasing rights in the Kyzylkain rural district. The district Akim appealed this decision in cassation.

The Judicial Panel for Administrative Affairs of the Supreme Court of the Republic of Kazakhstan, upon reviewing the case, pointed out the following:

• The video recording of the commission meeting shows that the commission members did not vote on the allocation of main or additional points, which were assigned to the competition participants by the chairperson without consideration of these points and without voting.
• According to the Land Code and the Rules for Organizing and Conducting the Competition for Leasing Rights for Farming, an additional 10 points are awarded to those residing in the area, city, village, or settlement for at least 5 years.
• Considering that at the time of the competition, the winner, along with their family, was registered in Karaganda, they were unjustly awarded 10 additional points, which determined their victory.

“The Supreme Court, in this regard, upheld the regional court's ruling in this case and denied the Akim's appeal,” — the court reported.

It should be noted that the position of the Akim of the Bukhar-Zhyrau District in the Karaganda Region has been held by Shagurashid Mamalinov since June 2017. On September 26, 2024, Yerlan Qusain was appointed to this position. Prior to that, from 2023 to 2024, he served as the Deputy Akim of the Karaganda Region.