The court has rejected the application of the former spouse of Aliya Nazarbayeva — Daniyar Khasenov to be declared bankrupt. The reason for the refusal was the lack of reliable information about his financial situation and income.
For reference: Daniyar Khasenov is a former professional footballer and later a top manager in the structures of JSC NC Kazakhstan Temir Zholy (KTZ). He was married to Aliya Nazarbayeva, the youngest daughter of former president Nursultan Nazarbayev. He has children from the marriage.
According to the Telegram channel «Nege.Aqsha», Khasenov's debt to JSC Problem Loan Fund amounts to 23.8 billion tenge. The debt arose under a credit line agreement between JSC Kazkommertsbank and LLP AsiaPromSbyt, concluded in 2003. Khasenov acted as a guarantor for the performance of obligations under this agreement.
During the proceedings, the financial manager reported that the debtor has no movable or immovable property, and his average monthly income is zero tenge.
At the same time, Khasenov is a co-owner of a number of active legal entities:
- 90% in LLP Corporation Imperial Invest;
- 65% in LLP Petroleum Invest Corporation;
- 50% in LLP United Technologies and Finance;
- 50% in LLP Football Club Megasport.
The court noted that LLP Petroleum Invest Corporation paid taxes in excess of 9.5 million tenge in 2024, and the other companies have not been declared bankrupt and are not in the process of liquidation.
Furthermore, the financial manager did not provide an assessment of the condition of these companies and did not give an opinion on the possibility of bringing joint debtors to subsidiary liability.
«In the actions of the debtor Khasenov D.P., the court sees no principle of good faith, since the debtor, having acted as a guarantor for contractual obligations for a substantial amount, did not take actions to repay them», the court stated.
The court also noted that the presence of debt is not an unconditional basis for declaring a citizen bankrupt. It was noted that the court was not provided with documents confirming objective reasons for the lack of income, such as illness, disability, or loss of ability to work.
On the contrary, the court concluded that the lack of employment is the result of Khasenov's voluntary choice, rather than difficult life circumstances. In addition, he did not submit documents regarding his marital status.
«The above indicates that the debtor has concealed information about his real financial situation. The court was not provided with evidence that the debtor, during the period when the monetary obligations to the creditor arose, attempted to take sufficient and appropriate measures to ensure his solvency», the judge noted.