Complaint about the adoption of an act of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate the violation of legality
The Prosecutor's Office of Ust-Kamenogorsk
East Kazakhstan Region
Ust-Kamenogorsk, 070002, Shakarim Avenue, 58
+7 (7232) 75‒43‒38
from: Representative, lawyer Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
in the interests of: LLP "C.kz "
represented by Director D. O.F.
BEAN.......
280 T.bi str., 13th floor, Almaty.
8 (727) ….
Claim
Guided by part 1 of art. 181 CPC OF the Republic of Kazakhstan, We sent an appeal through the E-onish Information resource to the Ust-Kamenogorsk City Police Department of the East Kazakhstan Region Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan, which was registered under No. ZT-2024-04946720 dated 08/07/2024. Subsequently, this message was registered in the KUI No. 246313030000735 registration date 08/07/2024 in the State Institution "Ust-Kamenogorsk City Police Department of the East Kazakhstan Region Police Department of the Ministry of Internal Affairs Of the Republic of Kazakhstan" on the fact of the commission of a crime by gr. G.A.Stanislavovich IIN. Ust-Kamenogorsk, E.P. Slavsky Embankment, 46, block 65, and Sh.E.Viktorovich IIN. East Kazakhstan Region, Ust-Kamenogorsk, Tauelsizdik str., 64, sq. 42., on the grounds of a criminal offense under art. 190 of the Criminal Code of the Republic of Kazakhstan.
According to the Criminal Procedure Code of the Republic of Kazakhstan, paragraph 1, Part 1, Article 180. sufficient data indicating signs of a criminal offense are the reasons for the start of a pre-trial investigation, in the absence of circumstances precluding the proceedings, namely the application of an individual or legal entity.
Subsequently, we submitted an appeal to the Department of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan for the East Kazakhstan region dated 08/17/2024.,
As a result, we received a response on 08/21/2024 for ex. No. 2-20603-24-03292 from the Department of the Committee on Legal Statistics and Special Accounts of the State Duma of the Republic of Kazakhstan, where we were provided with information that "According to the information of the IS ERDR CUI 246313030000735, it was registered on 08/07/2024 at 21:00 UP. Ust-Kamenogorsk (information about registration was entered by an employee of the UP of Ust-Kamenogorsk S. A.K.).
The following decisions were made on the material:
08.08.2024 The material was transferred by territoriality and jurisdiction to the Ulbinsky District Police Department. Ust-Kamenogorsk (information entered by an employee of the UP of Ust-Kamenogorsk, B.T.R.).
On 08/10/2024, the material submitted by territoriality was accepted (the information was provided by an employee of the Ulbinsky OP UP Ust-Kamenogorsk by Kusainov R.M.).
08/11/2024 The material was transferred by territorial jurisdiction to the Levoberezhny District Police Department. Ust-Kamenogorsk (information was provided by an employee of the Ulbinsky District Police Department Ust-Kamenogorsk by N.N. Islyamov).
On 08/14/2024, the material submitted by the territory was accepted (the information was provided by an employee of the Levoberezhny OP UP Ust-Kamenogorsk by Bapaev A.D.).
On 08/15/2024, a decision was made "left without consideration and is stored in the nomenclature file" (information entered by an employee of the Levoberezhny OP UP Ust-Kamenogorsk by Tleubaev A.S.)."
We are extremely outraged by the irresponsible actions of incompetent police officers, who discredit the good name of the Police officers by deciding to leave our Application without consideration and storage in the nomenclature file.
I would like to draw your attention to the fact that in accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a pre-trial investigation is mandatory for all statements and reports of criminal offenses, with the exception of cases of private prosecution. If there is information in the received application or message about the signs of an administrative offense or disciplinary misconduct, the appeal is sent by a cover letter to the relevant authorized state body or official within three days.
According to Article 1 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office", the Prosecutor's Office, on behalf of the State, carries out, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan. According to Article 5 of the Law, the Prosecutor's Office exercises supreme supervision over legality.
On the grounds of the above and in accordance with Articles 193, 100 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
· In accordance with the procedure established by law, adopt acts of prosecutorial response and/or acts of prosecutorial supervision in order to eliminate violations of the rule of law.;
· To bring responsible police officers to disciplinary responsibility for non-fulfillment or improper performance of their official duties;
· To oblige the pre-trial investigation authorities to conduct:
- Interrogation of gr. G.A.Stanislavovich and Sh.E.Viktorovich;
- Conducting a confrontation between the Representative of the company and gr. G. A. Stanislavovich and Sh. E.Viktorovich;
Proxy Representative, Lawyer: Sarzhanov G.T.
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