Fri, 02/13/2015 - 16:51
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Хат жолдау
The specialized inter-district court on criminal cases of Astana city pronounced a sentence concerning Ospanov M. M. who was found guilty of commission of crime, provided by the Art. 24 ch. 3, 366 ch. 4 of the Criminal Code of the Republic of Kazakhstan, Aktay A. – provided by the Art. 24 ch. 3, 367 ch. 4 of the Criminal Code of the Republic of Kazakhstan.
By court it has been established that Ospanov M. M. was appointed by the Governmental Regulation of RK No. 154 of January 23, 2012 to a position of the Chairman of the Agency on regulation of natural monopolies of RK. As a result of the appeal Joint-stock company of actions of Department and ARNM PK on establishment of a tariff of 4.22 tenge \kWh, the decision of SIEC of Atyrau district, in a consequence left without change of regional court by appeal and cassation instances, the order No. 199-OD of November 25, 2013 was cancelled. Despite it, by order of Ospanov M. M., DARNM on Atyrau district refused to execute a judgment regarding cancellation of the lowered tariff.
The established tariff, according to the management of JSC “Atyrau-Zharyk”, could lead to loss of the income for the sum over 1 billion tenge, to worsening of financial standing of society, creation of threat of failure of the investment program. In this regard, the shareholder of JSC “Atyrau Zharyk” Sidelkovsky V. S. - the founder with share in 40% in “Energoinvest LTD” LLP which is the only shareholder of JSC “Atyrau Zharyk”, addressed to Aktay to Armand – Ospanov M. M. acquaintance.
А.Аktay working in interests of JSC “Atyrau-Zharyk”, met with Ospanov M. M. during which the last had an intention on receiving illegal remuneration, with use of official position, by extortion. For this purpose Ospanov M. M. through А.Аktay, the subject of natural monopolies representing interests, having convinced heads of Society that the question of increase of a tariff completely depends on him, demanded from JSC “Atyrau-Zharyk” a bribe in the form of money for sum of 200 000 dollars.
A. Aktay in turn having plans for entry into Joint-stock company as the shareholder, put in such conditions under which was compelled to bribe with the business preservation purposes, transferred Ospanov M. M. through his assistant the specified sum for contribution in increase of level of a tariff of JSC “Atyrau-Zharyk”. But Ospanov M. M. intention on taking of a bribe in especially large size wasn't finished on circumstances from him not dependent.
On June 27, 2014 A.Aktay met with Ospanov M.M. in Almaty city where on request of the last, he charged to the authorized representative to transfer in Astana city, the money which is at his stored in the sum of 200 000 US dollars to Ospanov M. M. assistant - E.
On June 29, 2014 when receiving money E., during operational search actions he was detained by the staff of financial police.
Ospanov M. M. is found by a sentence of court of February 13, 2015 guilty of commission of crime, provided by the Art. 24 ch. 3, the Art. 366 ch. 4 of the Criminal Code of the Republic of Kazakhstan, he has been imposed with application of Art. 55 of the Criminal Code of the Republic of Kazakhstan - in the form of a penalty to the sum of 1 101 060 000 tenge, with confiscation of all personally belonging property, with lifelong deprivation of the right to hold the positions connected with implementation of the state functions and local governments.
According to the Art. 50 ch. 2 of the Criminal Code of the Republic of Kazakhstan Representation to the President of the Republic of Kazakhstan about Ospanov M. deprivation of the state award of the award "Respect" has been introduced.
By the same sentence А.Аktay is found guilty of commission of crime, provided by the Art. 24 ch. 3, Art., 367 ch. 4 of the Criminal Code of the Republic of Kazakhstan, according to ch. 2 Note to the specified article, from criminal liability he is exempted.
The court at assignment of punishment took into the account of the identity of the defendant Ospanov M. M., his faultless credentials, merits noted by the state awards, commutative responsibility and a penalty of circumstance which are recognized as the exclusive. The court found it possible to appoint a penalty below the set limit, at a rate of the 30-fold sum of a bribe, as according to new changes in the criminal legislation according to which for a corruption crime punishment in the form of a penalty is prescribed.
At passing a verdict concerning A. Aktay court took into account that according to part of 2 notes to the Art. 367 ch. 4 of the Criminal Code of the Republic of Kazakhstan, the person who bribed are exempted from criminal liability if concerning him extortion of a bribe took place. The characterizing data А.Аktay, his sincere repentance of deeds that formed the basis for relief him from criminal responsibility is also taken into account.
The sentence didn't enter into force.
