The Astana Judicial Panel reviewed the decision on compensation for moral damages in a case involving the transfer of a bribe to the chairman of the court in the city of Konayev. The amount of payment has been reduced from 1 million tenge to 100,000 tenge. The decision has entered into legal force.
HOW THE COMPENSATION DISPUTE AROSE
According to the Telegram channel PROTENGE, one of the participants in the case — Dina Turustayeva — was previously awarded 1 million tenge in compensation for moral damages under a claim against state bodies. Initially, she had demanded 60 million tenge and an official apology, citing distress caused by her involvement in criminal proceedings.
This concerns a case involving the former chairman of the Konayev court, Zhaik Zhanbolatov.
THE PLAINTIFF'S ROLE IN THE CRIMINAL CASE
The court established that Dina Turustayeva acted as an intermediary between the defendant's family and the judge in the transfer of funds. In the criminal proceedings, her actions were considered under Article 367 of the Criminal Code of the Republic of Kazakhstan ("Giving a bribe").
However, the criminal prosecution against her was terminated on non-rehabilitating grounds.
The appellate court specifically emphasised that the plaintiff came to the attention of law enforcement agencies due to her own involvement in the transfer of funds.
WHY THE COMPENSATION WAS REDUCED
The judicial panel concluded that the previously awarded amount of compensation was excessive. Upon review, the court took into account the circumstances of the case, including the plaintiff's role and the grounds for terminating the criminal prosecution.
It was also noted that Dina Turustayeva is a pensioner of the internal affairs bodies, which, in the court's opinion, implies an obligation to comply with legal requirements.
As a result, the amount of compensation for moral damages was reduced to 100,000 tenge, and the claim for an official apology was not upheld.
CONTEXT
In 2024, the Karasai District Court of the Almaty Region passed a sentence on the chairman of the Konayev court, Zhaik Zhanbolatov, finding him guilty under paragraphs 1 and 2 of part 3 of Article 190 of the Criminal Code of the Republic of Kazakhstan ("Fraud on a large scale") and sentencing him to 4 years imprisonment.
As established by the court, in 2023, funds totalling 9 million tenge were transferred through an intermediary for alleged assistance in lenifying the sentence of one of the defendants. The court noted that, in reality, he could not have influenced the outcome of the case.