The specialised inter-district economic court of the Abay region has ordered a Semey polyclinic to return to the state overpaid funds for the medical examination of conscripts.
According to the court's press service, the Mobilisation Preparation and Mobilisation Support Service entered into government procurement contracts with the polyclinic for conducting medical examinations of conscripts in 2023 and 2024 totalling more than 99 million tenge.
As follows from the case materials, the Military Prosecutor's Office of the Eastern Region identified instances of overpayment: the number of conscripts who underwent the examination was lower than stated in the technical specifications.
The polyclinic filed a counterclaim, seeking to have the terms of the contracts declared partially invalid. According to the defendant, the quantitative indicators — 4,300 and 2,200 conscripts — were indicated erroneously, and the terms themselves constituted a 'sham transaction'.
Having examined the documents and acts of completed work, the court established that payment had indeed been made in excess of the stipulated volume of services. In turn, the defendant did not provide evidence that the erroneous data had been included in the technical specifications intentionally or without the intention to fulfil them.
The court deemed the polyclinic's arguments regarding the sham nature of the transactions unfounded, as the contracts were concluded and executed by the parties for two consecutive years.
"The overpayment of funds constitutes unjust enrichment, subject to return to state revenue," the statement read.
As a result, the court recovered 43.5 million tenge and state duty from the polyclinic. The polyclinic's counterclaim was dismissed.