National Security Departments in every country very often used their opportunities to influence country leaders and sometimes to remove unwanted ones from country governance. With the help of secret departments palace revolutions were made, unwanted persons were liquidated; political opponents were imprisoned for many years, sometimes for the whole life. All these illegal and dangerous for any country actions were made either at the suggestion of establishment or at their connivance, when the secret services which were supposed to guarantee security of the country and people, in reality acted and somewhere still act now in their own vested interests.
To Head of DES NSC RK
Colonel Mizanbayev U.E.
Astana
In relation to Makhmadov S.B.
As it was reported in the course of investigation and search operations on CIA №1428 "Embezzler of State Property" there was discovered and suppressed the scheme of tax avoidance on an especially large scale at production and sale of alcohol products by Taraz LLP. According to these facts Department Investigations Directorate initiated 5 criminal cases according to Art.222 p.1 of the Criminal Code of the Republic of Kazakhstan.
In the result of provided operations there was found the shortage of 1441 tonnes of alcohol and 895569 bottles of vodka. In the course of inspection of Taraz LLP business and financial activities by tax bodies there was defined economic damage to the state in the form of tax nonpayment to the amount 494 mln 231 thousand 051 tenge.
Together with fines the final amount of additional charges is 784 mln 722 thousand 158 tenge. According to the results of provided forensic audit CEC MJ RK in Zhambylskaya oblast the amount of taxes nonpayment is corrected to 425 mln 677 thousand 603 tenge, together with fines it is more than 650 mln tenge.
Currently the accusations are presented to Director of Taraz LLP Liva V.Yu., Chief Accountant of LLP Nazina L.A. and Store Manager Morozov A.A. according to Art.222 p.1 of the Criminal Code of RK. There provided familiarization of the party accused with materials of the criminal case.
In September of this year Director of Taraz LLP Liva V.Yu. appealed to Interdistrict Economical Court to declare the Tax inspection act and Conclusion of forensic audit as illegitimate.
In the course of operative support of the proceeding (civil case № 2-986-08) the information was received about the intention of the judge of Zhambylsky Specialized Interdiscrict Economical Court Rysbayeva K.E. to declare the conclusions of Tax inspection act as legitimate in part on the basis of results of forensic audit conclusion. Officials of Zhambylskaya Oblast Public Prosecution Office had similar position.
However on October 17, 2008 Judge Rysbayeva K.E. at connivance of Taraz city Prosecutor Assistant, the lawyer of the first class Moldabayeva R. changed the initial position and gave the judgment to satisfy the plaintiff claim partially.
Particularly additionally charged taxes in the amount of 784 mln 722 thousand 158 tenge were recognized as unjustified except VAT amount in the amount of 4 mln 904 thousand 374 tenge. According to Judge's opinion the justification for that was the fact of 900 tonnes of ethyl alcohol discharge in 15.02.08 known by the Center.
Particularly as it was reported earlier at the specified time the operative investigative group of NSCD started inspection of Taraz LLP alcohol storage, in the course of which in the current regime there were found considerable discrepancies between actually available alcohol and officially declared information. During inspection of first cisterns it was fixed that through the open taps of alcohol storage №9 the alcohol discharge to the ground was provided. Operative data evidenced that Store Manager Morozov A.A. had direct relation to this and he acted under instruction of Makhmadov S.B. in order to write-off all shortage happened at the plant due to unlicensed production and sale of alcohol products to the out flowed alcohol volume.
Commission consisting of representative of JSC "Ort sondyrushi" Branch in Zhambylskaya oblast Darimkulov T.A., Head of Fire Point of Taraz LLP Ashimov O.K. and Head of Guard Service of Fire Safety of BM LLP Pokhorukova A.D. prepared the appropriate act in 16.02.08. Along with the above mentioned Liva V.Yu. made an assertion to DIA in the region on the fact of theft of alcohol from the other storages. The criminal case initiated on this fact was stopped within a week due to absence of a criminal act.
Thus Judge Rysbayeva K.E. without sufficient justification recognized arguments of Makhmadov S.B. and Liva V.Yu. on fair loss of the abovementioned alcohol as sufficient without charging of excise taxes and fines.
Currently Tax Department of Zhambylskaya oblast prepares documents to take review against judgment of court of primary jurisdiction in Regional Court of Zhambulskaya oblast. Prosecutor does not plan to make protest against the court judgment. There were received the operative data on possible collusion of Regional Prosecution Office and Makhmadov S.B. in order to avoid criminal responsibility by officials of Taraz LLP and to avoid the abovementioned fines to the amount of more than 650 mln tenge.
Taking into account everything mentioned above alongside the measures provided by the Department we request you through the available opportunities to initiate special control of General Prosecutor's Office of RK over the position of Regional Prosecution Office regarding the stipulated civil case in the course of its forthcoming trial in Regional Court.
Temporary Acting Head of RK NSC Department
in Zhambylskaya oblast
Colonel Elyubayev K.
October 24, 2008
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We, Kazakhstan citizens, are familiar with this through the criminal case of Aliev R., by whose initiative there happened hearings not only of members of the opposition threatening the existing authorities with everlasting discussions about nothing, but also representatives of top level authorities.
Here in criminal case initiated by NSC Department (NSCD) in Zhambylskaya oblast against Taraz LLP there appeared such facts which prove gross and unjustified interference of Head of this Department Mr.Nurbekov into state affairs, into work of Prosecution Office and Court, highlighting his attempt to influence law enforcement bodies and even President. At that the documents we referred to in reality contain information sophisticated beyond recognition, which is presented by Head of NSC Department to his advantage.
Thus Nurbekov K. in September 2008 informs his chief executive – RK NSC Chairman, Lieutenant General Shabdarbayev A. that "the founder of Taraz LLP Makhmadov S. establishes contacts with members of Administration of President of RK to include into program the meeting with head of the state during his visit to Zhambylskaya oblast. The main purpose of meeting of Makhmadov S. with President of RK is defamation of character of the actions of RK NSC Department authorities in Zhambylskaya oblast" and asks "to inform the interested persons".
First of all, Mr.Nurbekov still considers that his Department can be compromised, i.e. he continues to think well about his activity compromised long time ago. He and his employees compromised themselves when they intruded the territory of Taraz LLP, stopped its business and discharged themselves or provided conditions for criminals to discharge 1441 tonnes of alcohol from tanks to the ground. In any case huge amount of product is lost during their duty on the territory of alcohol storage which is confirmed both by investigator and court.
Secondly, these were employees of NSCD in Zhambylskaya oblast who seized accounting and title documents of Taraz LLP, computer processors, thus destabilizing work of accounting office, and the enterprise could not pay out the salaries and this caused increase of workers dismissing. That means NSCD employees were oriented to destruct the enterprise as a whole and to liquidate the local economic mainstay – nearly two thousand working positions. Such actions of NSCD made hundreds of employees of this enterprise to revolt, demand the conduction of public meeting (they got the refusal), write to the President of the country.
Thirdly, NSCD employees pressed the witness Reznichenko O. They threatened him that "if he does not witness against Taraz LLP, his wife will be dismissed from the job, his son will not to able to continue study and he will never find any job". This letter Reznichenko O. sent to President of RK.
Fourthly, this is Mr.Nurbekov who misinforms his chief executive stating in the letter addressed to the latter that in Taraz LLP there was found shortage of 1 441 tonnes of alcohol and 895 569 bottles of vodka. In reality vodka was sent to reprocessing which is confirmed by numerous documents, court judgment, and alcohol was discharges to the ground at NSC "guards", and they were never made responsible for that, but it is high time to demand repayment of material damage from NSCD in Zhambylskaya oblast. May be the head of NSCD in Zhambylskaya oblast is concerned about that as well as about arrangement of inspection of legality (illegality) of NSCD actions in the occurred situation by the General Prosecutor's Office of RK
In other letter dated October 24, 2008 Temporary Acting Head of NSCD in Zhambylskaya oblast Colonel K.Elyubayev is trying to get influence on the Prosecution Office and court through his management in NSC RK, i.e. "through available opportunities to initiate special control of General Prosecutor's Office of RK over position of Regional Prosecution Office on the stipulated civil case in the course of its forthcoming trial in Regional Court". Colonel Elyubayev K. dislikes very much that the judge recognized the fact of fair loss of alcohol without charging excise tax and fines. He does not like that Prosecutor's protest against court judgment is not planned.
It is necessary to think that Mr.Elyubayev achieved his purpose, as Prosecutor of Taraz city Usenbayev A. made very doubtful appeal against judgment of Specialized Interdistrict Economical Court of Zhambylskaya oblast dated October 17, 2008, and we reported about that in the last newspaper issue.
It is possible that heads of NSCD can influence court through the General Prosecutor's Office of RK or Supreme Court of RK as they took under control all areas of law enforcement activities and work of courts. Then why are all these bodies required in Kazakhstan and the executive authority together with President, if NSC governs everything, rules everything, influences everybody?
Aren't we coming back to the 37th year of the great Soviet Union with its scaring National Security annihilating the best of society, persecuting the fighters for human rights, disseminating fear among population?! According to mention in the letters of NSCD heads about "operative data", "investigative and search operations", information about some intentions of prosecutor and judge to resolve the issue in the objective way, founder of Taraz LLP Makhmadov S. to appeal to the President of the country, the NSCD employees still continue bugging of their conversations and preventing execution of legal actions by law enforcement bodies and officials. As Makhmadov S. in compliance with Constitution of RK has the right to appeal to the President of the country if the enterprise interests and his rights are prejudiced by NSCD heads, and they are obviously prejudiced.
They were prejudiced when NSCD employees arranged their guarding of the enterprise territory and allowed discharge of hundreds of tonnes of alcohol, when they pressed the witnesses to give false testimony, when there was arranged a number of fictional criminal cases which were closed at the stage of investigation, they continue prejudicing these rights of the founder and employees of the enterprise now when they demand charging of excise tax and fines for the alcohol lost in the result of emergency situation (read: due to negligent attitude to instructed matter by NSCD employees) in unjustified way, when using peripheral ways they wish to influence the court judgment, actions of Prosecution office. According to the letter they even do not want Makhmadov S. to meet President Nursultan Nazarbayev and ask to inform "the interested people" who according to their opinion must influence the head of the state to prepare deliberately negative opinion about the person. That is what they aimed at.
These were NSCD heads who called the founder of Taraz LLP "Embezzler of State Property". They called him like that but did not prove it. At the same time it is unknown who is "Embezzler of State Property": the founder who gave work to two thousand workers or NSCD employees in the result of whose "activity" the number of workers reduced to 800 people; the founder Makhmadov S. who demanded legal actions from operative employees or NSC employees through whose fault hundreds of tonnes of alcohol were discharged, who seized accounting documents and thus it was impossible to run payroll calculations; the enterprise employees who proved their right via court or NSCD heads trying to find secret ways of influence on President, Prosecution Offices and court to act in their own way? All these questions are to be answered by country authorities evaluating the work of NSC bodies of the Republic of Kazakhstan. Why is it necessary to inspect and evaluate overall national security bodies work? There is a concern that pressure from NSC structure is occurred not only in Zhambylskaya oblast but in other regions as well. They practically do not report to anybody except President and thus they got independence dangerous for the country. It is not by accident that telephone conversations appear in the Internet, not by accident one of the former heads openly pretended to the highest position in the country. That means that occupying position in uncontrolled NSC bodies, which due to their position can influence the Prosecution Office and Court, Ministers and President, the officials start thinking that they can do everything – even control the activity of the head of the state and direct him to the way required for them.
In this situation we are talking about not particular case: existing system of NSC activity actually undermine the foundation of statehood, constitutional system. From one side the strong body is required by the head of the state, from the other side – it can undermine this state, destroy it with its strength, absence of control, influence. It would be advisable to dismiss the particular NSCD heads in Zhambylskaya oblast for their attempt to rule Prosecution Office, Court and the President.
According to the editorial staff opinion NSC bodies of Kazakhstan need a very serious reformation. It is not by accident that people who are concerned about the country destiny help the editorial staff of newspaper to publish the materials of NSC, in this particular case – NSCD in Zhambylskaya oblast.
Ramazan Yessergepov,
Editor-in- Chief
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To Chairman of RK NSC, Lieutenant General
Shabdarbayev A.S.
In relation to Makhmadov S.B.
As it was reported in the course of investigation and search operations on CIA №1428 "Embezzler of State Property" there was discovered and suppressed the scheme of tax avoidance on an especially large scale at production and sale of alcohol products.
According to these facts Department Investigations Directorate initiated 5 criminal cases according to Art.222 p.1 of the Criminal Code of the Republic of Kazakhstan "Avoidance of tax payments by organizations" in relation to Taraz LLP.
In the result of provided operations there was found the shortage of 1 441 tonnes of alcohol and 895 569 bottles of vodka. In the course of inspection of Taraz LLP business and financial activities there was payment of taxes to the amount 784 mln 722 thousand 158 tenge additionally charged to the budget.
Taking into account the materials documentary confirmed by tax inspection and conducted interrogations of all participants, investigative bodies of Department and Prosecution Office of Zhambylskaya oblast prepare the materials to present accusations to Director of Taraz LLP Liva V.Yu., Chief Accountant of LLP Nazina L.A. and Store Manager Morozov A.A.
In October the materials of criminal cases in relation to Taraz LLP will be handed over to court of competent jurisdiction for proceeding.
According to operative data due to the abovementioned circumstances the founder of Taraz LLP Makhmadov S.B. establishes contacts with members of Administration of President of RK to include into program the meeting with head of the state during his visit to Zhambylskaya oblast. The main purpose of meeting of Makhmadov S.B. with President of RK is defamation of character of the actions of RK NSC Department authorities in Zhambylskaya oblast on the fact of suppression of illegal activity of the alcohol producing enterprises being controlled by him and justification of this circumstance with illegal interference into his commercial activity.
To avoid detractive and provocative intentions of Makhmadov S.B. we consider it sensible to inform the interested persons because earlier he made attempts to influence the course of investigation by means of provision of misleading information to mass media and arrangement of inspection by General Prosecutor's Office of RK on the legality of the investigative and search operations provided by the Department.
