The transport companies of Kazakhstan filed a complaint against the actions of NC KTZ JSC. The national carrier delegated to its subsidiary, container train operator KTZ-Express, the functions of coordinating all transit container trains to/from China in all directions. Since KTZ-Express itself is a participant in the container train formation services market, this creates unequal competition.
The appeal was received from the management of the Atasu Group company addressed to the deputy of the Majilis Kanat Nurov.
“The policy of NC KTZ JSC is primarily dictated by the desire to monopolize the rail transportation market and all related services by delegating fundamental functions to its subsidiaries, which are the same participants in the free market as private business. To achieve its goals, NC KTZ JSC systematically and systematically issues instructions, orders and prohibitions, creating a general favorable atmosphere for its subsidiaries,” the appeal says.
In particular, its authors mention the introduction in May of a convention ban on sending empty fitting platforms from all stations directed to Altynkol station, except for the following ones to Kedentransservice JSC, KTZ Express JSC and UTLC ERA JSC. This unequal state of affairs "creates privileges for select companies."
It is also emphasized that the instruction to coordinate the transit of container trains with KTZ-Express was prepared without the consent of the relevant body - the Ministry of Investment and Development of the Republic of Kazakhstan, without notification and approval of the regulations for interaction with private business.
The authors of the appeal point out that restrictive measures give rise to additional business risks and ask to remove artificially created barriers.
"Such illegal actions of national companies jeopardize the return / return on investment, and also spoil the investment climate in Kazakhstan," the letter emphasizes.
Deputy Kanat Nurov, in turn, sent letters to the MIIR and the Prosecutor General's Office with a request to consider the current situation and report on the results.
At the same time, earlier the Main Transport Prosecutor's Office called it illegal and recommended that the order be canceled. Director General of KTZh-Freight Transportation LLP Vladimir Petrov dated May 25, 2022 on the introduction of a ban on the registration of empty fitting platforms from Dostyk station to other destination stations, except for non-working fleet cars.
The letter, signed by Deputy Chief Transport Prosecutor Manarbek Yernazarov, says that from May 26 to May 29, by order of KTZh-GP, 120 empty fitting platforms of private owners en route from China in transit traffic were suspended at Dostyk station. Permission to issue and send them to their destination was received only after three calendar days, from May 29. As of June 7, another 128 empty fitting platforms were idle at Dostyk station awaiting cargo operations, and permission for their registration and departure was given only on June 7. Facts of downtime of empty fitting platforms continue.
"As a result of Petrov's illegal order, the legitimate rights and interests of more than 100 entrepreneurs, whose activities depend on the smooth operation of railway transport, were affected," the letter from the Chief Transport Prosecutor's Office says.
At the same time, the deputy prosecutor pointed to a number of norms of the current legislation that were violated by the adoption of the order, so the document should be canceled.
In the meantime, transport companies are waiting for the reaction of authorized state bodies and the national carrier.