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He was found guilty of illegal entrepreneurship, that is, carrying out entrepreneurial activities in violation of the law on permits and notifications, involving the extraction of income on a particularly large scale.
According to the requirements of part 1 of Article 6 of the Criminal Code, a law that eliminates criminality or punishability of an act, mitigates responsibility or punishment, or otherwise improves the situation of a person who committed a criminal offense is retroactive, that is, it applies to persons who committed the relevant act before the enactment of such a law by the Verdict of the District court No. 2 of the Saryarkinsky district of Astana January 16, 2017 A. He was sentenced under paragraph 2) of part 2 of Article 214 of the Criminal Code to 2 years of restriction of liberty, with confiscation of property owned by him, obtained by criminal means or acquired with funds obtained by criminal means. On the basis of subparagraph 1 of paragraph 3 of Article 2 of the Law of the Republic of Kazakhstan dated December 13, 2016 "On amnesty in connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan", A. was released from basic punishment in the form of restriction of freedom. Physical evidence – scrap and waste of copper in the amount of 31,104 kg, scrap of brass in the amount of 1,458 kg, scrap of car radiators in the amount of 450 kg, scrap of aluminum in the amount of 20,150 kg, scrap and waste of lead (battery) in the amount of 9,280 kg, left as belonging to A. with the cancellation of the safe receipt. From the convict A. The procedural costs in the amount of 200,000 tenge were collected to the state revenue. By the verdict of the court of A. He was found guilty of illegal entrepreneurship, that is, carrying out entrepreneurial activities in violation of the law on permits and notifications, involving the extraction of income on an especially large scale. By the resolution of the Judicial Board for Criminal Cases of the Astana City Court dated March 6, 2017, the verdict of the court remained unchanged.
At the same time, the court's instruction was excluded from the operative part of the verdict that "scrap and copper waste in the amount of 31 104 kg, scrap brass in the amount of 1,458 kg, scrap car radiators in the amount of 450 kg, scrap aluminum in the amount of 20 150 kg, scrap and lead waste (Battery) in the amount of 9,280 kg, it was decided to leave according to the affiliation of A. with the cancellation of the safe receipt." Having heard the statements of the convicted person and the lawyer who supported the arguments of the petition, the conclusion of the prosecutor who believed the lawyer's petition to be satisfied, having discussed the arguments contained in the petition and having studied the materials of the criminal case, the judicial board considers that the judicial acts in this case are subject to cancellation on the following grounds. He was found guilty of being the head of K LLP, intentionally and illegally collecting (harvesting), storing, processing and selling scrap and waste of non-ferrous and ferrous metals from a rented premises located at 35 Industrial Zone, Astana, from November 3, 2015 to March 16, 2016. without sending a notification about the change of the legal address for the renewal of the license. Thus, he carried out illegal business activities by violating the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications" (hereinafter referred to as the Law), involving the extraction of income on an especially large scale. Indeed, the act committed by A., which was expressed in the fact that he did not renew the license due to a change in the location of the legal entity – licensee, contained at the time of the start of the pre-trial investigation signs of a criminal offense provided for in paragraph 2) Part 2 of Article 214 of the Criminal Code. However, the lower court did not take into account that at the time of consideration of this criminal case in court proceedings, the Law of the Republic of Kazakhstan dated March 29, 2016 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the reduction of permits and simplification of licensing procedures" excluded activities for collection (procurement), storage, processing and sale by legal entities of scrap and waste of non-ferrous and ferrous metals and that such activities are only of a notification nature. Thus, at the time of the consideration of the criminal case in court, A.'s act, expressed in the fact that he did not renew the license due to a change in the location of the licensee's legal entity, no longer forms part of the act provided for in Article 214 of the Criminal Code, or any other criminal offense. According to the requirements of part 1 of Article 6 of the Criminal Code, a law that eliminates the criminality or punishability of an act, mitigates responsibility or punishment, or otherwise improves the situation of a person who has committed a criminal offense is retroactive, that is, it applies to persons who committed the relevant act before the enactment of such a law. Based on the above, the judicial board of the Supreme Court for Criminal Cases annulled the judicial acts of the local courts against A., the criminal case was terminated due to the absence of elements of a criminal offense in his actions. The lawyer's petition has been granted. According to chapter 4 of the CPC, A. is recognized as having the right to compensation for damage caused by illegal actions of the body conducting the criminal process.
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