Statement to the Inquirer of the Department of Inquiry on the termination of the criminal case
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the inquirer of the Department of inquiry of the DP of Almaty
to the police captain V.I. Abdullaev.
Almaty, 050012, ul. Masanchi, 57 "A".
from a witness who has the right to defend himself:
A. G.H. IIN ... Almaty mkr.... ul......,36 +7-777-....; +7-702-....
Statement
Between the Individual Entrepreneur Babyboom represented by J.A.E. (hereinafter referred to as the Supplier) and MKS Laboratory LLC represented by German Vladimirovich Smirnov (hereinafter referred to as the Buyer) A contract for the supply of goods No. 2/3/04 dated 04/27/2020 was concluded. According to clause 1.1 of the Contract, the Supplier undertakes to transfer the 3M 8122 and 9332 Respirators (total number) to the Buyer's ownership 10,000 pieces, at a price of 159 rubles per (one) unit of the product (Hereinafter referred to as the Product), and the Buyer undertakes to pay 100% for the Product. Subsequently, on April 27, 2020, the Supplier, with the help of the Whatsupp messenger, sends a signed contract to the Buyer, where the Buyer does not sign, but pays 70% of the 100% amount in advance, which the Buyer's actions show a desire to cooperate. Or we don't understand with what intention the Buyer sent the money.
Statement to the Inquirer of the Department of Inquiry on the termination of the criminal case
According to Article 151 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). and the fact that a Transaction for which the legislation or agreement of the parties does not establish a written (simple or notarized) or other specific form can be completed orally, in particular, all transactions executed at the very time of their commission. Such a transaction is considered completed even if the person's will to make the transaction is evident from his behavior. A transaction confirmed by the issuance of a token, ticket, or other commonly accepted confirmation mark is deemed to have been concluded orally, unless otherwise established by law. Silence is recognized as an expression of the will to make a deal in cases stipulated by law or by agreement of the parties. Transactions in fulfillment of a written contract may be made orally by agreement of the parties, if this does not contradict the legislation. On 30.04.2020, according to the 70% payment, the Supplier delivered the corresponding product in the amount of 5,000 pcs. (there is an invoice). On 05/02/2020, the Supplier resends an additional part in the amount of 1600 pieces of Goods (there is an invoice). In the future, for reasons unknown to us, the Buyer refuses the contract and demands a refund of all money, whereas in accordance with the terms of the contract, clause 2.3, the Supplier undertakes to provide the goods within 5-10 business calendar days, after 100% payment in accordance with the invoice and the request provided by the buyer. However, the Supplier was billed for the full amount, which of course was not fulfilled by the Buyer, but only 70% of the amount was paid.
Moreover, in the specified agreement, clause 3.1, the total price of the agreement is 1,590,000 rubles. Also, clause 3.2 stipulates that the goods are delivered only after full payment of the amount indicated on the invoice. Despite the above arguments, the Buyer filed a complaint with the Administrative Division of the Auezovsky district of Almaty for criminal prosecution under Article 190 of the Criminal Code of the Republic of Kazakhstan (Fraud). Whereas all the arguments and evidence presented by us confirm the fact of civil law relations, i.e. the Buyer had to apply to the Civil Court for improper performance of contractual obligations in accordance with art. 272 of the Civil Code of the Republic of Kazakhstan. By sending this letter to you, we want to inform you that a contract was concluded between the Supplier and the Buyer, which was signed by the Supplier, but the Buyer's side somehow did not sign the contract. However, in accordance with art. 151 of the Civil Code of the Republic of Kazakhstan, the contract is considered concluded if the parties have entered into a transaction that confirms the transfer of money from the Buyer. We consider the assumption that the Supplier's actions are aimed at seizing funds through deception and abuse of trust to be unfounded and false. Based on the above and in accordance with Article 151 of the Criminal Code of the Republic of Kazakhstan,
ask you:
Terminate the criminal case 20751303001832 in relation to the Supplier Zh.A.E., IIN ........ upon the commission of a crime under art. 190, part 4, paragraph 2 of the Criminal Code of the Republic of Kazakhstan;
To respond to the application within the prescribed time limits.
Yours sincerely,, ________________/ J..A.E.
Statement to the Inquirer of the Department of Inquiry on the termination of the criminal case
According to Article 17 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities", violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
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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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