Sample 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...... 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. On 10.12.2021, a criminal case was initiated. On 10/14/2022, I was familiarized with the materials of the criminal case, and as a result of reviewing the case materials, I am forced to write this complaint. There is complete incompetence and ignorance of the legislation of the Republic of Kazakhstan by the investigative task force and the supervising prosecutor. The red tape on their part led to the fact that the legitimate owner of the property has been unable to exercise his constitutional rights for 10 months and is completely unaware of the results of the investigative actions carried out in the case.
Sample Complaint to the Prosecutor in a criminal case
Thus, according to the materials available in the criminal case, 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 115A A. Street, Zhetysu district, Almaty, in accordance with the existing obligations of Almaty Vent LLP to Promventilation LLP on the payment of debt in the amount of 32,772,516 tenge. 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. However, after the expiration of the Pledge Agreement, Promventilation LLP, represented by Yakunin 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 an unknown person, but to a good friend of the suspect A.O.A.B.A.V. for 20 million tenge, with a discount of 12,960,000 tenge. That is, B..V. acquired the right to foreclose on the collateral located at 115A A Street, Almaty. This corresponds to the requirements of 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."
In connection with the above, well-founded questions arise based on the understanding of the norm of art. 341 of the Civil Code of the Republic of Kazakhstan. The Real Estate Pledge Agreement available to the parties and in the materials of the criminal case at 115A A. Street, Almaty, does not contain information about its state registration, as required by Article 5 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property." B.A.V. under the assignment agreement, the right to immovable property was transferred to address: 115A A. Street, Almaty. However, there is no information about the registration of a real estate pledge at the address: 115A A. Street, Almaty, for B.A.V. There are also no title documents in the criminal case for real estate at the address: 115A A. Street, Almaty. However, despite Barkhatov A.V. already having a Real Estate Pledge Agreement at 115A A. Street, Almaty, with the right to sell it at auction in case of non-payment of debt in the amount of 32,772,516 tenge, A.O.A. concludes another Real estate Pledge Agreement with B.A.V., who is well known to him, at: 109 A. Street, Almaty, the cost of which for June 2020 was more than 303 million tenge according to the expert's conclusion. How and in what way did the Real Estate Pledge Agreement at 115A A. Street, Almaty, transform into a Real Estate Pledge Agreement at 109 A. Street, Almaty? Subsequently, A.O.A., without having the permission of the participants of Almaty Vent LLP, fabricated documents on the transfer of ownership of real estate at 109 B.A.V., Almaty, i.e., B.A.V. became the owner of property worth more than 300 million tenge for only 20 million tenge! And by coincidence, the building is located at: Almaty, ul. 109 Angarsk Street was taken over by A.R.O., the suspect's own son, A.O.A.
Sample Complaint to the Prosecutor in a criminal case
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 at 109 Angarsk St., Almaty, would become his property if he acquired the shares of the participants of Almaty Vent LLP. However, as we can see from the materials of the criminal case, it was enough for K.A.K. to pay 20 million tenge to Promventilation LLP represented by Ya.V.I. In connection with the above, I believe that A.O.A., in addition to fraudulent actions against K.A.K., committed raiding in a group of persons with an accomplice B.A.B. that is, illegally acquired ownership rights to the property of a legal entity, Almaty Vent LLP, thereby causing damage to the latter in the amount of more than 280,000,000 tenge. The criminal case has so far been interrupted by a forensic examination, however, according to the expert's conclusion, it was ready on 08/25/2022, i.e. about 2 months have passed since the reasons for interrupting the pre-trial investigation period disappeared. And it has been more than 10 months since the criminal case was initiated. In this regard, the injured party has well-founded doubts about the objectivity of the investigation. Based on the above, I request: - to initiate a criminal case against A.O.A., B.A.V. on the grounds of a criminal offense provided for in part 2 of Article 249 of the Criminal Code of the Republic of Kazakhstan – "raiding"; - to recognize Almaty Vent LLP represented by Director K.A.K. as a victim in a criminal case under art. 2 of the Criminal Code of the Republic of Kazakhstan; - in accordance with Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan, to choose a preventive measure in the form of detention in respect of these persons.; - transfer the investigation of the criminal case to another investigative task force; - oblige the criminal prosecution authorities to find out information about the state registration of the Pledge Agreement for immovable Property and establish title documents for immovable property located at 115A A Street, Zhetysu district, Almaty, with their attachment to the materials of the criminal case.
Sample Complaint to the Prosecutor in a criminal case
instruct the criminal prosecution authority to question witness B.A.A. and his spouse when and how they decided to dispose of jointly acquired funds in the amount of 20,000,000 tenge for the purchase of the right of claim to immovable property located at 115A A. Street, Zhetysu district, Almaty, from Promventilation LLP. Excluding spouses B.... the opportunity to see each other before the interrogation and to know the reason for the summons to the criminal prosecution body. - in accordance with Part 2 of art. 192 of the Criminal Procedure Code of the Republic of Kazakhstan shall establish a reasonable period of pre-trial investigation for the criminal prosecution body. Appendix: a copy of the notice of representation, a copy of the lawyer's certificate.
18.10.2022 Nigmetov S.D.
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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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