Complaint to the Almaty City Police Department for failure to perform or improper performance of their official duties to bring responsible police officers to disciplinary responsibility
Almaty City Police Department
from: K.N.Zh.
IIN: ……
Almaty, Bostandyk district,
336 R. Street, block 138.
+7 701 .
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 578 57 58.
Claim
Guided by Part 1 of Article 181 of the Criminal Procedure Code of the Republic of Kazakhstan, on 05/13/2024, he filed a criminal complaint with the Police Department of the Bostandyk district of the Almaty City Police Department, which was registered under the number ZHT-2024-04007719.
That on December 25, 2023, due to the need for a rental apartment, I found a realtor named Shalkar (N.S.B. Iin.) tel. +7 702 . which provided apartments for rent in the 4YOU residential complex located at 310 R. Street, Bostandyk district, Almaty.
After I called him, he subsequently showed me several apartments from the specified residential complex, and in this residential complex I liked one of the apartments shown, and having agreed with Shalkar and the owner of the specified apartment, I was supposed to move in on January 05, 2024, and on January 03, 2024, I moved into the specified apartment. However, after living there for a couple of weeks, I decided to move out of this apartment because there was no condition (it was cold, there was no condition for living). On 25 01 of the current year, I moved out.
Before the eviction in the middle of January, I called Shalkar again and asked me to find another apartment from this residential complex, but Shalkar offered me apartment 138. next to the residential complex "Amir" located at 336 R. Street, Bostandyk district, Almaty, with a condition of 300,000 tenge deposit and monthly payments of 550 000 tenge, which I agreed to.
Thus, on January 17, 2024, to the above apartment for the purpose of booking an apartment by phone. +7 771 337 2040 which Shalkar dictated that this room belongs to Eldar, the owner of the apartment credited funds in the amount of 100,000 tenge to Eldar S. This is evidenced by receipt No. 18259108633 dated January 17, 2024.
Subsequently, on January 21, 2024, Shalkar asked me for the rest of the deposit amount, and I transferred 200,000 tenge to the dictated phone number. +7 771 . - Eldar S. this is evidenced by receipt No. 18307329750 dated 01/21/2024.
On January 25 of this year, Shalkar informed me that I could move to apartment 138, 336 Rozybakieva St., and on the same day I moved in. On the same day, I transferred funds to Shalkar for the rent of the specified apartment in the amount of 550,000 tenge for the month of February rent to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18366809185 dated 01/25/2024.
On February 12, 2024, at about 2 p.m., Shalkar came to my house and suggested to me that the landlord of the apartment, Eldar, had made an offer that if I paid 450,000 tenge each for the two months of March and April, a total of 900,000 tenge, then the monthly rent would be 450,000 tenge each.
Considering that this was a good offer, we signed a lease agreement dated March 01, 2024 between me and the alleged landlord of the apartment, Ye.S.IIN.. After signing the contract on February 12, 2024, he transferred funds in the amount of 900,000 tenge to the dictated phone number. +7 771 337 2040 - Yeldar S. this is evidenced by receipt No. 18619159091 dated 12.02.2024.
On February 28, 2024, Shalkar called me and asked me to borrow money in the amount of 100,000 tenge, allegedly his brother had problems with law enforcement agencies and urgently needed money. On the same day, at about 02:35 hours, to the dictated phone number +7 778 . - Sovetkhan N. I transferred an amount of 100,000 tenge to Shalkar, as evidenced by receipt No. 18846991295 dated 02/28/2024.
Subsequently, without suspecting anything, I lived in this apartment counting on the fact that I had paid the rent two months in advance in advance.
On March 10, 2024, the son of the owners of the apartment, Iliyas, came to the apartment where I live. +7 702 ., the owners of the apartment B.S.E., D.K.K..
Iliyas confirmed that his parents are the rightholder of this apartment and provided the title documents, where it was found out that Iliyas knows Shalkar but does not know. Eldar also said that he did not receive any guarantee payments, rent payments and prepayment for two months.
On the same day, I talked with Shalkar and explained the situation. Then he admitted his guilt and pledged to come and resolve all issues with payment, but he disappeared without solving them.
Thus, N.S.B. and his accomplice E.S., using their position by deception and abusing my trust, caused me significant material damage in the amount of 1,850,000 tenge.
By his actions N.Sha.B. and his accomplice E.Serikuly violated Article 190 Fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust, of the Criminal Code of the Republic of Kazakhstan.
However, on 05/17/2024, I received a response stating that the application was registered in the CUI for No. 247514030017328 on the basis of an official's report and was left without consideration and written off to the nomenclature production.
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.
We are saddened that in our country there is such a practice that officials, law enforcement agencies and judges begin to consider cases objectively only after contacting a higher authority, posting information on social networks and creating a public outcry.
I am extremely outraged by the irresponsible actions of incompetent police officers, which discredit the good name of the Police.
According to the Criminal Procedure Code of the Republic of Kazakhstan, paragraph 1 of Part 1 of Article 180. The reasons for the start of a pre-trial investigation, the reasons for the start of a pre-trial investigation are sufficient data indicating signs of a criminal offense, in the absence of circumstances precluding the proceedings, namely the statement of an individual.
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:
· 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 N. S.B.;
- Identify and interrogate E. Serikuli;
- Conducting a confrontation between me and N. S.B.;
The applicant:
_________/ K.N.Zh.
Representative by proxy
lawyer:
____________/Sarzhanov Galymzhan Turlybekovich
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