Application to the Anti-Corruption Agency
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Department of the Anti-Corruption Agency of the Republic of Kazakhstan
Turkestan, Tauke Khan ave., 100 +7 (7253) 32-69-32
turkistan@antikor.gov.kz
From: A.G.K. Director of IP ".." Address: Almaty, ul. B... 49-45
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7-700-978-50-85; +7 708 578 57 58.
Statement
The reason for my appeal to you is the blatant injustice on the part of Credit Partnership Yasynesie LLP and the Branch of Agrarian Credit Corporation JSC in the Turkestan region. This is the cry of my soul, no one else will help me except you. I'm counting on you alone to help me! Gabit Kaimovich Alipov is an individual entrepreneur. "..." At the beginning of 2018, we decided to take out a loan for preferential loans in the agro-industrial sector for processing agricultural vegetables and producing competitive canned vegetables in the Credit Partnership "Yassy-Nesie" LLP. Next, I collected the necessary documents for lending and within a year I handed them over to the Credit Partnership "Yassy-Nessie" LLP. On 10/17/2018, Credit Partnership Yasynesie LLP sent me a ready-made text by e-mail with an application for a loan in the amount of 350,000,000 tenge (Three hundred and fifty million tenge) at 17% interest per annum. An employee of the specified company called me and informed me that I needed to sign the specified application, put a seal on it and send the specified application. Without any bad thoughts, I signed the specified statement without correcting the text of the statement and stamped it.
Application to the Anti-Corruption Agency
On 17.10.2018, I submitted this application for preferential loans in the agro-industrial sector to the Credit Partnership Yasynesie LLP. In November 2018, I signed a loan agreement and all the attached agreements that were dated 09/26/2018 (that is, retroactively). IP "Monolith.kz.Alipov" received a loan from LLP "Credit Partnership "Yassy-Nesie" and a branch of JSC "Agrarian Credit Corporation" in the Turkestan region in the amount of 350 million tenge for the purchase of equipment for processing agricultural vegetables and the production of competitive canned vegetables for the population of the Republic of Kazakhstan and for export. According to the framework agreement No. 575-SKF-KT18-294 dated September 26, 2018, the remuneration rate was 14% per annum. According to the loan agreement-2, the total amount of the credit line is 15,078,800,000 (fifteen billion seventy-eight million eight hundred thousand) tenge, the interest rate was 20% per annum. But according to the message of the President of the Republic of Kazakhstan, the remuneration rate should not exceed 6% per annum. Every second-tier bank issues a loan at such interest rates, and this contradicts the message of the President of the Republic of Kazakhstan. In the Message of the President of the Republic of Kazakhstan, N.A. Nazarbayev On January 17, 2014, the people of Kazakhstan were tasked with ensuring the transfer of the country's agro-industrial complex to innovative tracks in the development of vegetable processing. Based on the Real Estate Pledge Agreement (quadrilateral) 575-YUKF-KT18-294/1 dated 09/26/2018 and an Additional Agreement on changing the terms of Contract 1 dated 10/12/2018. After receiving a loan in the amount of 350 million. The management of Credit Partnership Yasynesie LLP, abusing their powers against my will, forced me to put funds in the amount of 27 million tenge into the authorized capital of Credit Partnership Yasynesie LLP. To date, we have learned that Credit Partnership Yasynesie LLP has 1,404 founders, including Sole proprietor "....". All these persons are victims of illegal actions on the part of Credit Partnership Yasynesie LLP. Who gave their kickbacks for getting a government loan. Without stopping at what has been achieved, Credit Partnership Yasynesie LLP requires information on the allocation of subsidies from local authorities. I believe that this is the height of arrogance, greed and insatiability, greed. Which contradicts Article 250 (abuse of authority) of the Criminal Code of the Republic of Kazakhstan. The use by a person performing managerial functions in a commercial or other organization of his powers contrary to the legitimate interests of this organization and for the purpose of obtaining benefits and advantages for himself or other persons or organizations, or harming other persons or organizations, if this has entailed causing significant harm to the rights and legitimate interests of citizens or organizations or the legally protected interests of society or states.
It also contradicts Article 366 (receiving a bribe). Under the Criminal Code of the Republic of Kazakhstan, a person authorized to perform government functions, or a person equated to him, or a person holding a responsible government position, personally or through an intermediary, receives bribes in the form of money, other property, property rights, or property benefits for himself or others for actions, as well as for general patronage or connivance. Received a loan in the amount of 323 million. tenge was used for its intended purpose, for the purchase of equipment for processing and production of agricultural vegetables, the country of origin is the Republic of Turkey on the basis of contract No. 003 dated 29.10.2018. Equipment from the Republic of Turkey began to be imported to the Republic of Kazakhstan from June 2019 to December 2019, and there is an invoice for the transfer of funds through Sberbank JSC in Almaty and Customs declarations for the import of equipment to the Republic of Kazakhstan. All the documents on the transfer of money and the list of equipment and copies of the customs declaration documents were provided to the State Revenue Committee. Almaty and Credit Partnership "Yassy-Nesie" LLP. On 12/13/2020, after the installation of equipment for processing agricultural vegetables on the territory of the workshop located at the address Almaty region, Ili district, Ashchybulak village.Tole bi, building No. 132 in February 2020, it was decided to put the equipment into operation for the production of agricultural vegetables under the guidance of specialists from the countries of the equipment manufacturer. Since March 2020, we have assessed real estate in the amount of 1 non-residential (a production workshop with a total area of 1 hectare) and 2 residential facilities (a two-storey private house in Almaty) and another facility is equipment purchased for a loan of 350 million tenge for processing and production of agricultural vegetables. We have provided four facilities, the total amount is 1,249,31,423 tenge (One billion two hundred forty-nine million three hundred thirty-one thousand four hundred twenty-three tenge). The result of the independent evaluation company was checked again by the Branch of JSC "Agrarian Credit Corporation" Almaty at the request of LLP "Credit Partnership" Yassy-Nesie" and the Branch of JSC "Agrarian Credit Corporation" in Turkestan region Turkestan. Since April 2020, we have submitted all the necessary documents for obtaining a loan for a specific purpose, replenishment of working capital in the amount of 399 million tenge. Since our collateral covered the required amount of 399 million tenge for the Business Project, the total amount of our collateral is 1,249,31,423 tenge, which is documented. By comprehensive economic indicators, this project represents a competitive, profitable and profitable business in the agricultural sector. In April 2020, after completing the necessary documents at the request of JSC "Agrarian Credit Corporation" of the Republic of Kazakhstan on the website, all documents were submitted to LLP "CT"Yassy-Nesie" for the allocation of a loan in the amount of 399 million tenge for the purpose of replenishment of working capital. These facts contradict the latest message from the Presidents of the country.:
In the Message of the President of the Republic of Kazakhstan, N.A. Nazarbayev, to the people of Kazakhstan dated January 17, 2014, the task was set to ensure the transfer of the country's agro-industrial complex to innovative tracks, in the development of vegetable processing.
In the "Program for the development of the agro-industrial complex in the Republic of Kazakhstan for 2013-2020 "Agribusiness 2020" (Resolution of the Government of the Republic of Kazakhstan No. 151 dated 02/18/2013), 15-20% of vegetables produced in the country are currently processed. The share of canned fruits and vegetables imports is 70.5% (Agribusiness 2020 Program).
As part of the implementation of anti-crisis measures aimed at ensuring the stability of the financial system in connection with the introduction of the state of emergency on the basis of Decree of the President of the Republic of Kazakhstan dated March 15, 2020 No. 285, Agrarian Credit Corporation JSC is ready to provide its clients with the following support measures:
The message of the Head of State Kassym-Jomart Tokayev to the people of Kazakhstan. September 1, 2020
Our main tasks are: self-provision of socially significant food products; stable increase in rural incomes; two and a half times increase in labor productivity; doubling the export of agricultural products. An additional 200 billion tenge will be allocated to support entrepreneurship, bringing the volume of working capital loans at a preferential rate to 800 billion tenge and extending this program until the end of 2021. However, KT Yasynesie LLP has repeatedly replied that the documents are under consideration. There was also a reply that the credit line was closed. After a certain time, there was an answer that the Branch of JSC Agrarian Credit Corporation in the Turkestan region did not give official answers, did not give contact email addresses. Due to the lack of official contacts, we cannot receive a productive response to receiving a loan. These facts contradict the norms of the Administrative Procedural Procedure Code of the Republic of Kazakhstan, Article 76. The term of the administrative procedure initiated on the basis of the appeal is fifteen working days from the date of receipt of the appeal. We have to travel to the city of Turkestan every time to meet and get a reasonable answer to our questions. But the management of the Branch of JSC "Agrarian Credit Corporation" in the Turkestan region of Turkestan does not even want to talk on the phone. Every time they come up with new unreasonable reasons to refuse. More than once, our questions about the allocation of credit funds are ignored for unjustified reasons. Until November 2020, we constantly received an unreasonable verbal response about the refusal to lend under the loan agreement-2. This action contradicts the Message of the Decree of the President and the Government of the Republic of Kazakhstan. We understand this as an illegal and corrupt action by the management of the Branch of JSC Agrarian Credit Corporation in the Turkestan region. For this reason, the agricultural production line is idle, which would provide up to 50 jobs for the local population. We do not know where else to turn, the President and the Government of the Republic of Kazakhstan to submit Decrees on support for small and medium-sized businesses, especially the agricultural sector, and the local authority represented by Director Baidullaev F.M. The branch of JSC "Agrarian Credit Corporation" in Turkestan region, Turkestan, does not even want to talk to us and explain the reason for the refusal to grant a loan. He looks at us with contempt and as inferior people. We are also citizens of the Republic of Kazakhstan, and we want to contribute to the development of the state's economy. Especially in such a relevant sector as agriculture. They do not comply with either the Decree of the President or the Decrees of the government, how can this be understood as an enemy of their state? After such an appeal, who will create agricultural processing plants and create new jobs for the population?
What was the purpose of creating the State structure of Agro Credit Corporation JSC? The management of the Branch of JSC "Agrarian Credit Corporation" in the Turkestan region, represented by Director F.M. Baydullaev and LLP "Credit Partnership" Yassy-Nesie, represented by Director Yuldashev Alisher, do not want to explain the reason for the delay and refusal to allocate a loan under the state program, and ignores us from February 2020 to the present day, referring to the pandemic about the coronavirus. Application to the Anti-Corruption Agency At the end of November 2020, KT Yassy-Nesie LLP and the Branch of Agricultural Credit Corporation JSC in the Turkestan region decided to allocate us a loan facility for working capital of 390 million tenge (three hundred and ninety million tenge) at 17% per annum until 2025 for three tranches. They sent us a ready-made document on the allocation of a loan facility for 390 million tenge and asked us to sign and stamp it. There is a confirmation of this document, as we received the electronic version by e-mail. However, the government gives 6% per annum to KT Yasynesie LLP and the Branch of Agrarian Credit Corporation JSC in the Turkestan region, and they give us a loan facility at 17% per annum. We asked why the interest rate was so high, as the news and media reported that the government would allocate huge amounts of money at 6% per annum to support small and medium-sized businesses. The management of KT Yassy-Nessie LLP and the Branch of Agrarian Credit Corporation JSC in the Turkestan region openly say that we will receive a subsidy from the local department of agriculture, and they should also receive it. How do you understand that they receive their wages from the state and still have to earn money at our expense? However, KT Yassy-Nesie LLP and the Branch of Agricultural Credit Corporation JSC in the Turkestan region changed their minds and refused to provide us with a loan for working capital to start production, using various excuses despite the Coronavirus pandemic, and began demanding repayment of interest rates on the primary loan. We think that they specifically refused to provide a loan facility for working capital, so that the time would come to repay the interest rate on the first loan. In the end, should we not be given a loan in order to take over our real estate? That's how we understand these actions. On October 13, 2021, the Head of State approved a list of national projects consisting of 10 items.: Control over the execution of the decree is entrusted to the Presidential Administration.
The document is put into effect from the date of its signing. Earlier, the government stated that the implementation of national projects would become a factor in further increasing the sustainability and competitiveness of the economy and improving the quality of life of Kazakhstanis. In order to achieve the set goals, priority financing of national projects is provided at the expense of budgetary funds and private investments. By comprehensive economic indicators, our project represents a competitive, profitable and cost-effective and import-replaceable business project in the agricultural sector, as our project is included in the list of 10 national projects approved by the Head of State, the IP Credit Line "..." The purchase of agricultural processing equipment has been implemented for its intended purpose and our project is included in the list of 10 national projects approved by the President of the Republic of Kazakhstan. After that, I applied for a recommendation Credit Partnership LLP "Yassy-Nesie" to the Branch of JSC "Agrarian Credit Corporation" in the Turkestan region of Turkestan to an employee named Galym and we received a firm and short answer that there was no money. In addition, the head of the Branch of JSC "Agrarian Credit Corporation" in the Turkestan region, Baydullaev Fayzulla Mustafinovich, does not want to talk to us and sends us to contact LLP "Credit Partnership" Yassy-Nessie. So we do not know where to apply to the branch of JSC "Agrarian Credit Corporation" in the Turkestan region or LLP "Credit Partnership" "Yassy-Nesie". The management of the branch of JSC "Agrarian Credit Corporation" in the Turkestan region does not fulfill either the instructions of the government or the instructions of the President of the Republic of Kazakhstan. We have not been able to receive a written or oral professional response for 19 months. The branch of JSC "Agrarian Credit Corporation" in the Turkestan region, represented by Director F.M. Baydullaev, does not provide an e-mail address and postal address of the organization. They only talk to us on their cell phones. I can't understand this attitude for citizens, is this organization a government or a private office? There is an opinion that the Credit Partnership LLP "Yassy-Nesie" and JSC "Agrarian Credit Corporation", stepping in one foot, deliberately prolonging the time without providing a loan, deliberately prolonging the terms of IP M... in enslaving conditions, are trying to take away the entire business and all collateral by raiding. To date, Credit Partnership Yasynesie LLP has filed a claim against us in the Specialized Interdistrict Economic Court of Almaty in the amount of 170,683,333 (one hundred seventy million six hundred eighty three thousand three hundred thirty three) tenge.
Thus, Credit Partnership Yasynesie LLP intends to take away all my property and my business, this is pure banditry and raiding. It feels like we're stuck in the dashing 90s. 249 of the Criminal Code of the Republic of Kazakhstan, raiding is the illegal acquisition of ownership rights to a share in a legal entity, as well as property or control over a legal entity by intentionally distorting the results of voting or obstructing the free exercise of the right when making a decision by a higher authority, resulting in significant harm to the rights or legally protected interests of citizens or organizations or legally protected interests of society or the state. I believe that when the heads of both Credit Partnership Yasynesie LLP and the Branch of Agrarian Credit Corporation JSC in the Turkestan region are in office, Kazakhstan is deprived of a bright future and illegal actions against citizens will continue. According to the Criminal Procedure Code of the Republic of Kazakhstan, Part 1 of Article 179. The beginning of a pre-trial investigation, the beginning of a pre-trial investigation is the registration of an application, a report of a criminal offense in the Unified Register of Pre-Trial Investigations, or the first urgent investigative action. The prosecutor is notified of the start of the pre-trial investigation within 24 hours. According to the Criminal Procedure Code of the Republic of Kazakhstan, paragraph 1 of Part 1 of Article 180. The reasons for the start of a pre-trial investigation, the reasons for the start of a pre-trial investigation are sufficient data indicating signs of a criminal offense, in the absence of circumstances precluding the proceedings, namely the statement of an individual. According to the Criminal Procedure Code of the Republic of Kazakhstan, Part 1 of Article 181. Statements of an individual about a criminal offense can be oral and written or in the form of an electronic document. Based on the above and guided by Articles 179, 180, 181 of the Criminal Procedure Code of the Republic of Kazakhstan,
ask you:
To check the activities of Credit Partnership LLP "Yassy-Nessie" and the Branch of JSC "Agrarian Credit Corporation" in the Turkestan region of Kazakhstan for legality;
To bring to criminal responsibility the guilty persons;
Sincerely, Proxy Representative "___" ____________2022 the year. ___________/ Nurlanov N.N.
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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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