Skip to main content

Who snatched the land from under the nose of the Almaty akimat?

Submitted by Вера Александрова on

The FBRK editorial office has received information that the Almaty Dostyk Residence residential complex has erected a two-metre fence on the territory of the neighbouring state boarding school No. 17. The source suggests that the reason for the fence could be the desire of the residential complex's owners to completely isolate themselves from the outside world.

After reviewing the map and location of the residential complex, we came to the conclusion that this assumption is not entirely convincing. We will return to what likely caused the fence a little later. Having studied the land situation in more detail, we realised that the issue of installing the fence takes a back seat, and more serious questions arise for the city akimat.

Dostyk Residence residential complex

According to the cadastral map, between the plot of the Dostyk Residence residential complex and the plot on which boarding school No. 17 is located, there is another land plot with an area of 0.29 hectares, which previously, like the territory of the residential complex, belonged to Altyn Nomad LLP. Later, the territory of the intermediate plot became the property of Khalyk Aktiv LLP, a subsidiary of Halyk Bank of Kazakhstan JSC.

The land plot on which boarding school No. 17 is located was, in the distant past, owned by another boarding school for gifted children named after Abay, located on the other side of the residential complex. Subsequently, the territory of boarding school No. 17 gained quite unusual owners for a school and an equally unusual designated purpose.

The plot on which boarding school No. 17 is located has an area of 1.64 hectares and is in common shared ownership. The larger part of the territory, with an area of 1.47 hectares, belongs to the school, and the rest is divided into tiny pieces, the owners of which are individuals. Furthermore, the designated purpose of this plot is the operation and maintenance of an underground garage.

If you look at the cadastral map, on the left side of the plot where boarding school No. 17 is located, there is a certain structure that is located simultaneously on two adjacent plots. According to Google Maps, this 'structure' is a car park. It follows that the tiny pieces of the plot belonging to individuals are simply parking spaces.

Equally strange is the fact that the right holder of the plot is not only boarding school No. 17, but also Bona Fide Contract LLP, whose founder is Alfiya Karibayeva, mother of Asylbek and Askar Karibayev, former heads of subsidiaries of KazMunayGas JSC.

Until October 2021, this very LLP was registered to Askar Karibayev's ex-wife, Slukhiya Karibayeva, later to Askar Karibayev, and only in August 2022 was the company re-registered to the brothers' mother. The partnership's line of business has also changed repeatedly. Starting as a tour operator, the company later switched to rental and management of real estate, and now specialises in passenger car rental.

Let us delve a little into the activities of the brothers themselves. Asylbek Karibayev previously held the position of a board member at the KazMunayGas-controlled Pavlodar Petrochemical Plant LLP; today he is the president of another KMG subsidiary, PetroKazakhstan Oil Products LLP. It is also known that Asylbek Karibayev was once a manager in the liquidated Spanish company Flinder Data SL, which is linked to Timur and Dinara Kulibayev.

Askar Karibayev was previously a deputy general director at the notoriously embezzlement-ridden and later liquidated KazMunayGas Onimderi LLP. In 2019, the company's general director, Kuandyk Kulmurzyn, was found guilty of receiving a bribe amounting to 4.3 million tenge from a subordinate, for which he was punished with a fine of 129 million tenge. What Askar Karibayev does now is unknown.

How, fantastically, a company belonging to the Karibayev family obtained rights to the land on which boarding school No. 17 is located is completely unclear. According to official data, the land plot was registered in 2002, and the boarding school's land use right for it was registered in 2009. The neighbouring residential complex was designed and built years later.

Officially, the plot is indivisible. Therefore, the division of this plot, so to speak, documented – into a car park and the boarding school – is impossible based on Article 51 of the Land Code of the Republic of Kazakhstan. The territory of the plot is divided among the owners into shares, each of which has its own designated purpose.

Despite the fact that the share of the boarding school has the designated purpose of 'for the operation and maintenance of a school-lyceum', the overall designated purpose of the plot is still 'the operation and maintenance of an underground garage'. The plot is used for its purpose partially. Bona Fide Contract LLP was registered in 2014, after the opening of boarding school No. 17.

We assume that initially the designated purpose of the plot was the operation and maintenance of the school-lyceum, and subsequently it was illegally changed in the interests of Bona Fide Contract LLP, leaving the boarding school with a significant, but merely a share of the land.

In this regard, the question arises less towards the owners of the residential complex and more towards the city akimat. How did it happen that a state institution is today located on territory intended for a parking zone?

Nor should it be forgotten that part of the plot's territory officially belongs to individuals – the owners of parking spaces. In this case, the appearance of a fence in this place is no longer so surprising.

Perhaps the owners of luxury cars decided to fence off their expensive vehicles from the children of the boarding school. However, there is no evidence that this car park is used specifically by residents of the Dostyk Residence residential complex, and not, for example, by representatives of Bona Fide Contract LLP, which is the right holder of the plot and, let us recall, deals with passenger car rental.

Many questions remain. The FBRK editorial office intends to find out from the Almaty akimat the chronology and background of the appearance of such cadastral data for the land plot on which state boarding school No. 17 has been located for over 20 years. We have sent a corresponding official request to the local executive bodies.

To be continued …