Application to the National Security Committee for criminal prosecution
To the Head of the Department of the National Security Committee
security of the Republic of Kazakhstan in the city of Almaty
from the defender of Dr. Kosaevna R-oh, the lawyer of the AGCA
Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm
BIN 201240021767
050002, Almaty, Almaly district,
79/71 Abylai Khan Ave., office 304
info@zakonpravo.kz www.zakonpravo.kz
tel.: +7 708 578 57 58 / 8 727 971 78 58.
Statement.
The Police Department of the Auezovsky District Police Department of the Almaty City Police Department investigated criminal case No. 247540031001166 against the District of D.K. on suspicion of committing a crime under paragraphs 1), 4) of Part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan. Subsequently, the criminal case was referred to the court by the prosecutor of the Auezovsky district of Almaty.
During the consideration of the criminal case by the Auezovsky District Court of Almaty, facts of corruption were revealed at KazNMU named after S.Zh. Asfendiyarov, as well as at the Kazakh-Russian Medical University in Almaty.
The above facts were confirmed in the verdict of the Auezovsky District Court of Almaty dated February 10, 2025 in respect of the District of D.K. and in a private decision of the Auezovsky District Court of Almaty dated February 10, 2025 based on the results of the consideration of the criminal case.
In particular, the Auezovsky District Court of Almaty city stated in a private ruling: "During the consideration of this criminal case, the court found a gross violation of the requirements of the Criminal Procedure Code by the investigator of the District Police Department at the Auezovsky District Police Department Ermek M.E. during the pre-trial investigation of this criminal case.
In court, the defendant, R.D.K., explained that in 2022, after enrolling seven of the nine students, with the assistance of U.M.D., she fully trusted U.M.D.U. in the specialty of residency at KazNMU. The money of the non-enrolled students of the U. M. D. was returned in parts.
During the meeting, Dr. U.M. told her to give him cash from the students who were applying to the residency, the victims credited the money to her account, after which she cashed the money and handed it to Dr. U.M. and gave him the lists of students who were applying for a residency grant, who for which specialty I did.
Also, the defendant, R.D. K., both during the investigation and in court, explained that she transferred the money received from the victims to the settlement accounts of Dauletkhan N., Kalieva A., according to her testimony, they took the victims' money to be credited to the KRMU or to a grant from local executive bodies, and U.M. D. took the money to be credited. students for a grant to the KazNMU residency and for transfer from a paid department to a grant.
The victims also explained, both in court and during the investigation, that Dr. D.K. had told them that she would enroll them in education through the vice-rector of the university, U.M. D.A.
During the investigation, it was established that money in the amount of 8,400,000 tenge was received to the settlement account of Kaliyeva A.S. from the account of the District of D.K. in the period from August 8 to August 16, 2024.
N.D. was also questioned by the investigator as a witness entitled to defense, where in his testimony he explained that The District of D.K. transferred 5,500,000 tenge from her account to his account for enrolling students, and explained in court that students were enrolled in a residency program for 6,000,000 tenge, if a student enrolled in a residency program, he received 100,000 tenge from each student.
During the consideration of this criminal case in court, it was established that the victims, having studied for seven years at the Kazakh National Medical University named after S. Zh. Asfendiyarov, holding positions in the medical field, solve issues for admission to the residency through the Whatsapp social network and that among students admission to the residency is solved only by money, and their actions in turn the queue entailed the commission of a crime in the district of D.K."
By the verdict of the district court, Kosaevna was found guilty of committing a crime under paragraphs 1), 4) of part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan, and she was sentenced to imprisonment for a period of 4 years. The verdict and the private decision of the Auezovsky District Court entered into force on April 2, 2025.
However, the pre-trial investigation body did not provide a legal assessment of the actions of the victims themselves, who actually contributed to the commission of the crime by their actions, as they transferred money for illegal enrollment in training, i.e. their actions constitute a criminal offense provided for in Article 367 of the Criminal Code of the Republic of Kazakhstan, i.e. giving a bribe to a person authorized to perform public functions, or to a person equated to him, or to a person holding a responsible public position, or to an official, as well as to an official of a foreign state or international organization, personally or through an intermediary.
Based on the above, I ask:
– to bring to criminal responsibility under Article 367 of the Criminal Code of the Republic of Kazakhstan the victims of the criminal case against the District of D.K. – A.S.............................
Appendix: a copy of the verdict of the Auezovsky District Court of Almaty dated February 10, 2025, a copy of the private decision of the Auezovsky District Court of Almaty dated February 10, 2025.
With respect,
Lawyer Sarzhanov G.T.
07/15/2025
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