He was found guilty of taking bribes as an official
By the verdict of the Karmakshinsky District Court of Kyzylorda region dated September 28, 2018: S. previously not convicted, found guilty by the second part of Article 366 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), he was fined 21,000,000 tenge on the basis of the third and sixth parts of Article 55 of this code, depriving him of the right to hold positions specified in the second part of Article 50 of the criminal code for life. S. collected procedural costs in favor of the state in the amount of 57,472 tenge, compensation to the Victims ' Compensation Fund in the amount of twenty monthly calculation indices - 48,100 tenge. The issue of physical evidence in the case was resolved in accordance with the procedure established by Article 118 of the Criminal Procedure Code of the Republic of Kazakhstan. By the decision of the Appellate Judicial Board of the Kyzylorda Regional Court on criminal cases dated November 13, 2018, the sentence was left unchanged. By the verdict of the court, S., being an official, was found guilty of receiving a significant amount of bribes. The Condemned S. in his application, he does not exclude that he received 700,000 tenge from U. for the provision of a land plot for business purposes near the village, that the provision of a land plot for agricultural production does not fall within the competence of the Akim of the rural district, the solution of this issue is carried out on the basis of a competition, the list of land plots submitted for competition is formed by the authorized body of the district, city of regional significance and agreed with public councils, non-state organizations in the field of agro-industrial complex, the National Chamber of entrepreneurs of the Republic of Kazakhstan and the local government body, he indicated that he could not influence this, that he was not within the competence of U. to provide the requested land, that it was land sold at auction, that he could not influence it, and revised the judicial acts, re-categorized his actions in Paragraph 2) of the third part of Article 190 of the criminal code and asked to impose a penalty under this article.
He was found guilty of taking bribes as an official
The court's conclusions on the evidence of the guilt of the convicted S. in committing a criminal offense in the case specified in the descriptive and motivational part of the sentence are objectively studied at the court session, based on the evidence given in the appropriate assessment and correspond to the actual circumstances of the case. In court, his criminal actions were confirmed by his response with a partial confession of guilt, as well as the testimony of witnesses U., zh., T., S., D., Sh., E., protocols of investigative actions, conclusions of forensic examinations. The Condemned S. in his application, he said that he does not dispute the evidence of criminal acts committed, he does not agree only with the part of the qualification of criminal acts, because he does not have the authority to provide a land plot for business purposes in his official duties, emphasizing that there are no signs of fraud in his actions. However, the court considers these emphasized arguments of S. to be unfounded. In the first part of Article 19 of the Land Code of the Republic of Kazakhstan (hereinafter referred to as the Land Code), it is indicated that the competence of akims of cities of district significance, settlements, villages, rural districts in the field of regulation of land relations within the boundaries (limits) of a city, settlement, rural settlement provides land plots for private ownership and land use, except in cases provided for in Articles 13 and 16 of the Land Code. In accordance with the second part of Article 43 of this code, the transfer of land plots for ownership or land use is carried out by local executive bodies of Regions, Cities of Republican significance, the capital, districts, cities of regional significance, akims of cities of district significance, settlements, villages, rural districts within the limits of their competence established by this code. Subparagraph 6) of the first part of Article 35 of the law" on local public administration and self-government in the Republic of Kazakhstan " defines that the competence of the Akim of a district, city of district significance, village, village, rural district in the city carries out the regulation of land relations within its competence. S. By the order of the Akim of kazalinsky district, he was appointed to the post of Akim of Basykara rural district of Kazalinsky district, in accordance with his official duties, he is obliged to carry out the implementation of the laws of the Republic of Kazakhstan, acts of the president and Government of the Republic of Kazakhstan, as well as legal and regulatory legal acts of central state bodies and akimats and akims of the region, District, Development and improvement of Land, Water relations, environmental protection, construction, housing and communal services, animal husbandry, breeding, etc. As follows from the case materials, on July 26, 2018, the head of the private enterprise "a" U. Basykara rural district Akim S. demanded a bribe of 700,000 tenge for the provision of a land plot for business purposes near the village to the interdistrict Department of the Anti-Corruption service of the National Anti-Corruption Bureau in the Kyzylorda region. In this regard, in accordance with the protocol on inspection, receipt and delivery of cash by employees of the Anti-Corruption service in the Kyzylorda region dated July 27, 2018, U. was handed over funds in the amount of 700,000 tenge and special technical recording tools.
In addition, the undercover investigative actions were recorded on video, in which the convicted S. met with U. at about 18:07 on July 28, 2018 in the cafe "t", located on Pirimov Street, Aiteke bi Village, Kazalinsky district, and received 700,000 tenge, which he asked for as a bribe, while S. was detained by employees of the Anti-Corruption service in Kyzylorda region, and as a result of an inspection of the scene, 700,000 tenge of money from under the blanket under which he was sitting as physical evidence received. At the main court hearing, the witness said that on July 3, 2018, he went to Kazalinsky district to engage in animal husbandry, on the left, he heard that the Land of Basykara village is suitable for animal husbandry, went to the mayor's Office of Basykara village and talked with the mayor S. about obtaining land, the governor's office G. he met with S. and presented himself to the head of the agricultural department, the deputy akim of the district, showed him the Land received in absentia, he did not know that the land would be received by auction, during the conversation with S. about the land, the head of the Land Department zh. and other employees need to give 700,000 tenge of money, he said that without funds the case will not be completed and there is a dispute about the Land received, if he gives this amount to the head of the Land Department zh. he said that he would successfully complete the work and make a decision on the land plot.
He was found guilty of taking bribes as an official
ALSO, S. called himself several times, on the day of the event, S. called him and invited him to the cafe "t" in the village of Aiteke BI, at that time he gave 35 pieces out of 20,000 tenge, a total of 700,000 tenge on the table as "the money you asked for", took the money S., put it under the blanket he was sitting in, and then went outside, showing that the money given as a bribe was his personal money. Therefore, according to the evidence studied in court, S. received a bribe for an act that is directly part of his official powers and can influence such actions due to his official position. In accordance with the sixteenth part of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8" on the practice of considering some corruption crimes", regardless of whether a person has committed actions (inaction) for the execution of which a bribe was issued and whether it became known to the criminal prosecution authorities about the The Condemned S. since he received 700,000 tenge of money requested by him as a bribe and was detained by employees of the Anti-Corruption service of the Kyzylorda region, his actions are considered a completed crime. In the above-mentioned cases, the court correctly concluded that the convicted S., being an official, received a significant bribe from U. in the amount of 700,000 tenge for the provision of a land plot for business purposes near the village, that is, for actions that are part of his official powers and can influence such persons depending on his official position, and correctly ranked his actions in the second part of Article 366 of the criminal code. In this regard, there are no grounds for re-differentiation of the actions of S. into paragraph 2) of the third part of Article 190 of the criminal code. The judicial board for criminal cases of the Supreme Court of the Republic of Kazakhstan left unchanged the judicial acts of local courts in relation to the convicted S. The petition of the convicted S. was dismissed.
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