Complaint against a court order authorizing the seizure of property
To the Judicial Board for Criminal Cases of the Astana City Court
From the Representative - lawyer: Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
In the interests of: Ba AB Baktybekovich
IIN: ....
Kazakhstan, Zhetysu region, Kerbulak district, Altynemel village, ul..
complaint
on the court's decision authorizing the seizure of property dated August 8, 2025
On August 8, 2025, the Investigating judge of the specialized interdistrict Investigative Court of Astana, D.N. Mukeshev, having single–handedly considered the petition of the head of the department of the SU DP of Astana, S.T. Kosherbaev, based on the materials of the pre-trial investigation of the ERDR No. 257123031001142 on the authorization of the seizure of property, the Court decided to satisfy the Petition for the authorization of the seizure of property.
We partially disagree with the court's decision regarding the seizure of property.:
· 20. Nurbayeva Aizera Mekenkyzy, IIN 910907451170, transferred to LEXUS LX 570, VIN: JTJHY00W2B4077221. The current owner is B. A.Baktybekovich, born on 02/08/1989, IIN .., GRNZ 557/AEV/19;
we consider it partly illegal and unjustified due to the following circumstances:
In the proceedings of the UP of the Nura district of the DP of Astana, there is a criminal case registered in the ERDR for No. 257123031001142 dated 05/22/2025 under art.190 part 4 paragraph 2 of the Criminal Code of the Republic of Kazakhstan.
According to the received application of a citizen of the Republic of Kazakhstan, N.A.Mekenkyzy, IIN .., on bringing to criminal responsibility the heads of the construction company "Asyl-Nur Qurylys" LLP, BIN 210840004976, who by deceiving and abusing the trust of residents, without having the right to attract funds from shareholders for the construction of the housing and communal complex "Mardan", located atAstana, intersection of streets Ch.Aitmatova and E-164 took possession of large amounts of money and caused significant material damage.
As part of the criminal case, 200 citizens were identified and interrogated as victims.
In the process of concluding contracts under the "Trade-in" program in Asyl-Nur Qurylys LLP, shareholders reissued their property (cars and apartments) to the persons indicated by the developer.
During the investigation, it was established that the depositor/victim Nurbayeva A.M. transferred the property to the developer of Asyl-Nur Qurylys LLP under the Contract for the transfer of a vehicle dated 06/12/2024 t/s of the LEXUS LX 570 brand, VIN: JTJHY00W2B4077221., which was notarized.
Subsequently, the partnership was sold to other individuals, and then they resold it. As a result, on October 30, 2024, my principal, B.A.B., purchased the above-mentioned car on credit through the WHEELS mobile application through Kaspi Bank JSC. The loan term is for 60 months.
Currently, the owner of the above-mentioned car is gr. B. A. B., born on 02/08/1989, IIN ..
In accordance with Part 8 of Article 161 of the CPC, an arrest may be imposed on property held by other persons if there are sufficient grounds to believe that it was obtained as a result of criminal acts of the suspect or accused, or was used or intended to be used as an instrument or means of a criminal offense or to finance extremism, terrorism, an organized group, illegal military formation, criminal community.
However, the court did not take into account the opinion of the current owner of the car who purchased it on credit.
In accordance with the terms of the Agreement on the purchase of car No. 866487680 dated 31.10№2024, the paragraphs provide:
1.2. The Buyer undertakes to make an initial payment to Kaspi for the purchase of a Car in the amount of 3,800,000 (Three million eight hundred thousand) tenge (hereinafter referred to as the Initial Payment) via the Mobile Application, which will be transferred to the Seller after fulfilling all the conditions of clause 4.4 of the Agreement.
1.3. The Buyer is obliged to pledge the Car to Kaspi as security for the obligations under the loan agreement, ensure the registration of the pledge at his own expense and conclude a loan agreement and a car pledge agreement with Kaspi.
1.4. By signing the Agreement, the Buyer agrees/instructs Kaspi on the day of granting the loan to withdraw from the Buyer's account specified in the loan agreement (hereinafter referred to as the Buyer's Account) the Loan amount of 15,100,000 (Fifteen million one hundred thousand) and the Initial Payment amount by direct debit and transfer them based on a payment order initiated by Kaspi or another payment document to the Seller's bank account specified in the Agreement (hereinafter referred to as the Seller's Account) in order to make full payment for the Car.
2.1. The Seller agrees to sell the LEXUS LX 570 vehicle, built in 2011 (hereinafter referred to as the Car) To the buyer. The cost of the Car is 18,900,000 (Eighteen million nine hundred thousand) tenge.
Thus, my caretaker BaA.B. eventually purchased the above-mentioned car, taking into account the bank's remuneration in the amount of 34,000,000 tenge.
The obligations of BaA.B. for lending to Kaspi Bank JSC were fully fulfilled, as evidenced by the Notification of the withdrawal of the pledge of movable property from the state registration.
Article 18 of the CPC of the Republic of Kazakhstan stipulates that property is guaranteed by law. No one can be deprived of their property except by a court decision.
Article 6 of the Constitution stipulates that State and private property are recognized and equally protected in the Republic of Kazakhstan.
In accordance with Article 259 of the Civil Code of the Republic of Kazakhstan, the owner has the right to demand recognition of ownership rights.
In accordance with article 261. If the property was acquired for compensation from a person who did not have the right to alienate it, which the acquirer did not know about and should not have known (a bona fide acquirer), then the owner has the right to claim this property from the acquirer only if the property is lost by the owner or the person to whom the property was transferred by the owner, either stolen from one or the other, or disposed of from their possession in another way against their will.
Thus, B.A.B., in accordance with Articles 259, 261 of the Civil Code of the Republic of Kazakhstan, is a bona fide acquirer.
According to Article 107, Part 1 of the Criminal Procedure Code of the Republic of Kazakhstan, which provides that During the pre-trial investigation, the suspect, his defender, legal representative, victim, his legal representative, representative, a person whose rights and freedoms are directly affected by the act of the investigating judge, has the right to appeal, and the prosecutor to bring a petition for the decision, the sanction of the investigating judge: 4) the imposition or refusal to seize property;.
A.B. learned about the imposed encumbrance on January 08, 2026, when checking through the Kaspi application.
Paragraphs 2, 4 of Article 50 of the CPC of the Republic of Kazakhstan provides that, at the request of an interested person, the deadline missed for a valid reason may be restored by a decision of the inquirer, investigator, prosecutor or judge in charge of the case. In this case, the term is restored for the person who missed it, but not for other persons, unless otherwise provided by the relevant decision of the body conducting the criminal process.
The refusal to restore the term may be appealed or reviewed at the request of the prosecutor in accordance with the procedure established by this Code.
According to art. 107, Part 2 of the CPC RK 2. The decision of the investigating judge, issued in accordance with the rules of this article, may be appealed by the persons specified in the first part of this article within three days from the moment of its announcement, as well as by the prosecutor, a petition may be brought to the regional and equivalent court through the court., whose investigating judge issued the ruling. A deadline missed for a valid reason may be restored at the request of an interested person in accordance with Article 50 of this Code.
Based on the above and in accordance with art. 107 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask the Court:
· The resolution of the Specialized Interdistrict Investigative Court of Astana on authorizing the seizure of property dated August 8, 2025 - To be amended;
· Regarding the Authorization of the seizure of property: 20. Nurbayeva Aizera Mekenkyzy, IIN 910907451170, transferred to LEXUS LX 570, VIN: JTJHY00W2B4077221. The current owner is B. A.Baktybekovich, born on 02/08/1989, IIN ..., GRNZ 557/AEV/19 – cancel.
With respect,
Representative/Lawyer: Sarzhanov G.T.
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