A trial has begun in Astana in the case of bloggers Yerbolat Zhanabylov and Elmira Tolegenova. The prosecution asserts that the couple sold online courses while effectively using citizens' money for prize draws, including a car. According to the investigation, this scheme bore the hallmarks of illegal lottery activity.
WHAT THE PROSECUTION TOLD THE COURT
On 16 March 2026, senior assistant prosecutor Olzhas Khairullayev read out the indictment, the announcement of which took more than 30 minutes, reports Zakon.kz.
According to the prosecution's version, Yerbolat Zhanabylov and Elmira Tolegenova sold online courses, but in fact offered buyers the chance to participate in prize draws, including a car and cash sums.
The prosecutor cited the Law of the Republic of Kazakhstan "On Lotteries and Lottery Activities", according to which only a lottery operator or a registered agent may conduct lotteries within the country.
According to the investigation's data, Zhanabylov and Tolegenova do not have a license for activities in the gambling and lottery sector. This is confirmed by a response from the Committee for the Regulation of Gambling and Lottery Activities of the Ministry of Tourism and Sports of the Republic of Kazakhstan.
Furthermore, as the prosecution claims, the conditions for participating in the draws were not specified in the public offer:
- the procedure for conducting the draw was not indicated;
- the criteria for determining winners were absent;
- transparent rules for participation were not outlined.
WILL THE DEFENDANTS PLEAD GUILTY
The judge asked the defendants whether they plead guilty.
Yerbolat Zhanabylov said he would not answer the question about the guilty plea for now and would present his position later.
"At this stage, I will refrain from answering this question, as my defender and I have our own position which we would like to set out during our questioning — after all witnesses have been questioned and the case materials have been studied. Only then will I be able to comment on this matter," – added Elmira Tolegenova.
HOW THE SCHEME WORKED ACCORDING TO THE INVESTIGATION
According to the prosecutor, the advertising campaign was conducted through the bloggers' personal pages on Instagram, where prize draws and the chance to win a car were demonstrated.
In one of the videos, as stated in the indictment, a drum with prize sectors was shown — from 5,000 tenge to 2 million tenge, as well as a car sector.
However, the investigation believes the probability of winning was significantly lower than the impression created in the videos.
According to case materials, the drum's parameters could be altered:
- a prize worth 5,000 tenge occupied about 85.5% of the prize fund,
- this significantly increased the likelihood of landing on that particular sector.
The prosecutor stated that the accused had the technical capability to change the parameters of the draw mechanism and were aware of the consequences of such actions.
WHAT THE PRE-TRIAL INVESTIGATION ESTABLISHED
The investigation also verified information about the car draw.
According to the prosecutor, the bloggers publicly claimed to have awarded an 11th car to a promotion participant. However, during the investigation:
- the car was shown only once in a video material;
- its existence and readiness to be handed over to the winner were not documented;
- the investigation did not establish any facts of the car actually being handed over.
An expert examination established that participants' money went towards buying the cars and other prizes.
WHAT AMOUNT FEATURES IN THE CASE
According to expert examination data, 247 million 653 thousand tenge was received into accounts linked to the project.
The investigation believes that Yerbolat Zhanabylov and Elmira Tolegenova acted together, and the project's activities were conducted from 18 August to 13 October 2025.
The trial continues. The court's final decision had not been handed down at the time of publication.