The Mugalzhar District Court of the Aktobe Region acquitted entrepreneur Arman Aitzhanov, who had been accused of violating occupational health and safety rules. The court found procedural violations in the criminal investigation and issued a private ruling in respect of an official who attended the hearing in a vest and turned out to be unprepared for questioning.
WHY THE ENTREPRENEUR WAS PROSECUTED
According to Hronika.kz, the entrepreneur was charged under Part 1 of Article 156 of the Criminal Code of the Republic of Kazakhstan (“Violation of occupational health and safety rules”).
According to the prosecution, on 4 February 2024, the businessman’s employee fell from a staircase at one of his sites and sustained moderate injuries.
Aitzhanov himself claimed that the employee was injured not at work but while doing a side job on a day off. At the same time, the Department of the State Labour Inspectorate of the Aktobe Region assigned 100% of the blame for the incident to the entrepreneur.
WHAT VIOLATIONS THE COURT IDENTIFIED
The court established that law enforcement bodies resumed the investigation after the limitation period for criminal liability had expired.
On 20 February 2025, the case was terminated due to the absence of the elements of a criminal offence. However, on 8 April 2026, the Aktobe Region Prosecutor’s Office overturned that decision, and the next day the investigator resumed the investigation.
Under Part 3 of Article 291 of the Criminal Procedure Code of the Republic of Kazakhstan (“Resumption of a terminated pre-trial investigation or criminal prosecution”), a terminated investigation may be resumed only before the limitation period expires.
The court held that investigative actions carried out after the unlawful resumption of the case cannot be used as evidence for the prosecution.
WHY THE OFFICIAL RECEIVED A REPRIMAND FROM THE COURT
During the proceedings, the deputy head of the Department of the State Labour Inspectorate, T. Zh. Iskarin, took part in the hearing by video link in a vest.
The judge noted that such appearance does not correspond to the formal nature of a court hearing or to the business dress requirements for civil servants.
In addition, the official was unable to answer questions from the participants in the proceedings. Because of his lack of preparation, the court hearing had to be postponed twice.
The court regarded this as a circumstance that delayed the consideration of the case.
WHAT DECISION THE COURT MADE
The Mugalzhar District Court acquitted Arman Aitzhanov and issued a private ruling instructing the head of the Department of the State Labour Inspectorate to take measures in respect of his deputy.
The verdict has not yet entered into legal force.
