Application Complaint to the Police Department for non-fulfillment or improper performance of official duties
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To the Prosecutor's Office of Almaty, Republic of Kazakhstan, Almaty, 050059,
189 Zheltoksan St., Bostandyk district.
from: gr. ................... IIN ............. Almaty, ul. .......... 24, sq. 206. tel.: +7 702 ................
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
statement
Earlier on July 09, 20.... 181 of the Code of Criminal Procedure of the Republic of Kazakhstan, through an Electronic appeal, the Government for Citizens egov Internet resource, addressed to the Almaty City Police Department and the Auezovsky district Police Department of the city of Almaty.kz, a statement was sent to bring to justice for knowingly false denunciation and testimony, the reason for contacting the police was the blatant injustice and lawlessness against gr. ....................., which for more than ten months dishonest people have been trying to falsely denounce and bring him to criminal responsibility with testimony. Thus, on December 10, 2018, having been notified of criminal liability for knowingly false denunciation, knowingly false testimony in accordance with Articles 419, 420 of the Criminal Code of the Republic of Kazakhstan, gr. ..............., 1981 year of birth, IIN 8.........3, residing at the address Almaty, md. N............. 36, sq. 10. I applied to the Almaty City Police Department to take measures against gr. Erishova M.K., and gr. E.......u D.T., in fact: Threats and in relation to.......... O.A.T., and her relatives; Fraudulently seizing funds in the amount of KZT 13,000,000 (see Sheet No. 6, Volume-1, The material of the pre-trial investigation is registered. ERDR 18754003100.........). However, a little later, Mr............ A.T., in a Statement addressed to the UE of the Auezovsky district of the DP of Almaty about an actual or impending crime dated December 19, 2018, asks to bring gr. E to criminal responsibility........... Ah M.K., who, under the pretext of restoring the hotel complex, received funds in the amount of 13 500 000 tenge (see sheet No. 9, Volume-1, the material of the pre-trial investigation of the case. ERDR 187540031004304). Based on the Statement of gr. S........... Y. A.T., a criminal case was initiated by the registered ERDR..........0.. according to art. 190, part 4, paragraph 2, of the Criminal Code of the Republic of Kazakhstan.
Subsequently, on December 19, 2018, gr.S....... and A.T., was interrogated as a victim by an investigator of the Investigative Department of the Auezovsky district Police Department, Senior police Lieutenant T.S. Valeev, where the contents of Article 71 were brought to the Victim's attention. According to the Criminal Code of the Republic of Kazakhstan, a victim in criminal proceedings is recognized as a person in respect of whom there is reason to believe that moral, physical or property harm has been caused to him directly by a criminal offense. The victim must: truthfully report all the circumstances known in the case and answer the questions raised and give deliberately false testimony, the victim bears criminal responsibility in accordance with the law. In this interrogation, the Victim With......and A.T., explains that she handed over to gr. E.......... M.K., funds in the amount of 13 500 000 tenge, and to the investigator's question about what gr transmitted or wrote. E.......in M.K., the victim replied with confidence that there was no notarized document and or receipt regarding the receipt of funds in the amount of 13 500 000 tenge. As well as the funds of gr. E......M. M.K., were obtained fraudulently. In the protocol of the confrontation on August 20, 2019, between gr. E........... M. M.K., and gr. S........ and A.T., the latter explained that there was no receipt and that gr. E.....m. M.K., did not write a receipt (see sheet No. 92, Volume-2, The material of the pre-trial investigation of the reg. ERDR ..........304). Really Mr. E.......... In M.K., he acquired funds against a receipt in accordance with Articles 147, 151, 152, of the Civil Code of the Republic of Kazakhstan, which stipulates: Transactions are recognized as actions of citizens aimed at establishing, changing or terminating civil rights and obligations.
Transactions are made orally or in writing (simple or notarized). A transaction for which the legislation or agreement of the parties does not establish a written (simple or notarized) or other specific form may be completed orally, in particular, all transactions performed at the very time of their commission. Such a transaction is considered completed even if the person's will to make the transaction is evident from his behavior. The written form of the transaction is made on paper or in electronic form. A written transaction must be signed by the parties or their representatives, unless otherwise required by business practices. As detailed in article 282 of the Code, by virtue of a monetary obligation, one person (the debtor) is obliged to pay money to another person (the creditor), and the creditor has the right to require the debtor to fulfill his obligation to pay money (loan money and other obligations).
Based on the above gr. E.......in M. K. under article 268 of the Civil code of the RK, the obligation as a debtor has pledged to make in favor of the Lender........th A. T., to return the money within the deadlines specified in the receipt, and the creditor With.....and A. T. has the right to claim from the debtor gr. Uh.....but M. K., the performance of his duties. As you know, the debtor is gr. Eh........... in MK, he did not fulfill his obligations, which contradicts Articles 272, 349 of the Code, which states that the Obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, a violation of the obligation is understood as its non-fulfillment or improper fulfillment - improper fulfillment. Accordingly, as a lender with.......... and A.T. was obliged to bring the debtor to civil liability for violation of the obligation through the civil courts at the Debtor's place of residence. And naturally took advantage of the Victim which, on 17 January 2020........but A. T., appealed to the Bostandyk district court of Almaty city with a Claim for the recovery of debt where the presiding judge Alpiyev N. B., having considered the materials of the civil case where 4 April 2018 between e........m M. K. and........th A. T. signed a loan agreement in the form of receipts, in accordance with the terms of which e..........m M. K. borrowed cash amount of $ 24,000 USD, with the obligation to return the amount received before the end of summer 2018.
And the Court decided the Claim With.......... th ............ – partially satisfy. Collect from E........va M............ and in favor of Kandirbekovich ................. debt on receipt in the amount of 7,060,000 (seven thousand sixty) tenge, penalty in the amount of 100,000 (one hundred thousand) tenge, the amount of state duty in the amount of 71,600 (seventy one thousand six hundred) tenge. In the rest of the claim ..........– to refuse. (see the court's Decision of June 17, 2020, Civil Case No. 7514-20-00-2/551). gr. With........... and A.T., in the framework of the criminal case, repeatedly denied the concluded loan agreement in the form of a receipt dated April 4, 2018, in addition, she deliberately did not provide it to the investigating authorities. What is the natural action of gr. S.......... A.T., contradict the requirements of art. 419, which provides for liability for knowingly false denunciation of the commission of a crime - an act involving the accusation of a person of committing a grave or especially grave crime or committed out of mercenary motives - is punishable by imprisonment for a term of from three to eight years old. In addition, art. 420 of the Criminal Code of the Republic of Kazakhstan for knowingly false testimony of a victim during a pre-trial investigation, committed in a criminal case of a serious or especially serious crime or for mercenary motives, are punishable by imprisonment for a term of five to ten years, and the criminal prosecution authorities have asked to be held accountable.
After that, on July 24, 2020, we received an SMS message of the following nature in response: "Po Vashemu obrashheniyu ot 07/20/2020 v organ OP pri UP Auezovskogo rajona prinyato reshenie: Ostavleno bez rassmotreniya i hranitsya v nomenklaturnom dele (naryad). V sluchae nesoglasiya obratites' v organ UKPSiSU po telefonu ….-88». According to the above-mentioned material of the pre-trial investigation, the staff of the Auezovsky district Police Department of Almaty, we believe, reacted very negligently and irresponsibly, which indicates that since the moment of registration in the ERDR, no actions have been taken to clarify all the circumstances of the case by inviting the applicant and the materials of the criminal case have not been studied. In accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days. We are saddened that in our country there is such a practice that officials, law enforcement agencies and judges begin to consider cases objectively only after contacting a higher authority, posting information on social networks and creating a public outcry.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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