Complaint to the prosecutor in a criminal case

 

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To the Prosecutor of Almaty, B.K. Zhuiriktaev

from the representative of the victim K.A.K. – lawyer Nigmetov S.D.

IIN 820125350700

Location: 79 Abylai Khan Ave., office 313, Almaty

cell phone: 87054628284 e-mail: ca6ut@mail.ru  

A criminal complaint.

The Police Department of the Zhetysu district of Almaty is investigating a criminal case registered in the ERDR for No. 217515031003329 at the request of K.A.K., where the latter was recognized as the victim. A.O.A. and K.A.B. were recognized as suspects in the case, qualified under art. 190, part 4, paragraph 2 of the Criminal Code of the Republic of Kazakhstan. In the course of reviewing the materials related to the above-mentioned criminal case, I have established the following. On 16.11.2015, Promventilation LLP, represented by Ya.V.I. and Almaty Vent LLP, represented by K.A.B., concluded a pledge agreement for real estate located at the address: Almaty, Zhetysu district, ul. A., 115A, according to the existing obligation of Almaty Vent LLP to Promventilation LLP to pay the debt in the amount of KZT 32,772,516. The value of the collateral was estimated at 30,960,000 tenge. This agreement expired on 01.01.2019. Moreover, the specified agreement contains a condition on the out-of-court sale of the pledged object at auction or auction, in accordance with Article 320 of the Civil Code of the Republic of Kazakhstan, in case of non-fulfillment of the Agreement by the pledgor, i.e. Almaty Vent LLP. This Agreement has not been registered with the registering state body, therefore, it is invalid by virtue of the provisions of the Civil Code and the Law of the Republic of Kazakhstan "On State Registration of Rights to immovable Property from transactions with it."

 

Upon expiration of the above-mentioned Pledge Agreement, Promventilation LLP, represented by Ya.V.I., did not exercise the right to sell the pledged property in accordance with art. 320 of the Civil Code of the Republic of Kazakhstan, but ceded the right of claim to a person unknown to him, but to a good acquaintance of the suspect A.O.A. Barkhatov A.V. for 20 million tenge, with a discount of 12,960,000 tenge. T.E. B.A.V. acquired the right to foreclose on the collateral located at 115A A. St., Almaty. This transaction was also not registered in accordance with the requirements of the legislation of the Republic of Kazakhstan. According to article 341 of the Civil Code of the Republic of Kazakhstan, "Unless otherwise provided by legislative acts or a contract, the right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of the transfer of the right. In particular, the rights securing the fulfillment of the obligation, as well as other rights related to the claim, including the right to unpaid remuneration (interest), are transferred to the new creditor." Despite B.A.V.'s existing Real Estate Pledge Agreement at the address: Almaty, ul. A., 115A with the right to sell it at auction in case of non-payment of debt in the amount of 32 772 516 tenge, 03.10.2019 O.A. Amraev enters into a pledge agreement for immovable property with a well-known B.A.V. at the address: 109 A. Street, Almaty, and subsequently under the Transfer Agreement No. 1 dated 06/18/2020 the year transfers ownership of real estate, worth 303,888,326 tenge, according to the expert's conclusion.

Thus, the Real Estate Pledge Agreement at 115A a. street, Almaty, as a result of manipulations by A.O.A. and B.A.V., was transformed into a Real Estate Pledge Agreement at 109 A. Street, Almaty. At the same time, A.O.A., without having the permission of the participants of Almaty Vent LLP on the alienation of real estate, fabricated the minutes of the general meetings on the transfer of ownership of real estate at the address: Almaty, 109 B.A.V. As a result of the actions of A.O.A. and Barkhatov A.V. Almaty Vent LLP damage was caused in the amount of 303,888,326 tenge. A.O.A.'s personal data and B.A.V., as well as documents confirming the arguments indicated in the statement, are contained in the materials of the criminal case No. 217515031003329, which is under investigation by the UP of the Zhetysu district of the Almaty City Police Department. By coincidence, the building at 109 A. Street, Almaty, was taken over by A.R.O., the suspect's own son, A.O.A.K.A.K., who had repeatedly met with A.O.A. and K.A.B. in order to purchase a building to accommodate production, believed their verbal assurances that the building was located at: Almaty, ul. And... 109 will become his property if he acquires the shares of the participants of Almaty Vent LLP. However, after acquiring shares in Almaty Vent LLP, K.A.K. learned that Almaty Vent LLP had lost ownership of the real estate for which he had bought shares from the LLP's participants.

 

In connection with the above, I believe that O.A. Amraev, in addition to fraudulent actions against K.A.K., illegally acquired property of Almaty Vent LLP worth more than 300,000,000 tenge in a group of persons with an accomplice B.A.B., thereby committing fraud against a legal entity of Almaty Vent LLP on a particularly large scale the size. However, 11 months after the criminal case was initiated, despite the obvious evidence of a crime, a criminal offense has not yet been initiated into fraudulent actions against the property of Almaty Vent LLP. The suspects are still at large, although the sanction of art. 190 part 4 provides for punishment only in the form of imprisonment. Based on the above, I ask you to: - initiate a criminal case against A.O.A., B.A.V. on the grounds of a criminal offense provided for in part 4 of Article 190 of the Criminal Code of the Republic of Kazakhstan – "fraud"; - recognize Almaty Vent LLP represented by Director K.A.K. as a victim in a criminal case under art. 190 Part 4 of the Criminal Code of the Republic of Kazakhstan; - to choose a preventive measure in the form of detention in relation to these persons; - take the investigation of the criminal case under your personal control.

Complaint to the prosecutor in a criminal case

11/17/2022 Nigmetov S.D. 

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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