In the East Kazakhstan region, the court of appeal reviewed the case of the former head of the branch of LLP "Kazhservice" — a subsidiary of JSC "KazAvtoZhol". The judicial panel reconsidered the case of abuse of official authority when calculating salaries for fictitious employees and amended the previously passed sentence.
HOW THE CASE OF "DEAD SOULS" AROSE
As reported by Hronika.kz, the case concerns the former director of LLP "Kazhservice" Yerkin Daumov. The organisation is a subsidiary of JSC "KazAvtoZhol", dealing with the maintenance of highways.
The court established that the director approved time sheets and financial documents for employees who did not actually work or perform their duties. Despite this, salaries were accrued to them.
The case materials indicate that the list of such employees included relatives or acquaintances of people with influence within the structure. According to the court, one of them was listed as a driver, even though the branch did not have a company car at the time.
WHAT DAMAGE WAS CAUSED
According to the court, these actions caused material damage to the state in the form of LLP "Kazhservice" amounting to 7,267,285 tenge. The court classified the actions under Article 361 of the Criminal Code of the Republic of Kazakhstan ("Abuse of Official Authority").
The court of first instance found Daumov guilty but applied an amnesty. The prosecution disagreed with this decision and filed an appeal.
WHAT DECISION DID THE APPEAL COURT MAKE?
The judicial panel for criminal cases of the East Kazakhstan Region reviewed the evidence and witness testimony. As a result, the sentence of the Specialised Inter-District Criminal Court of Ust-Kamenogorsk was amended.
The convicted person was sentenced to:
- 3 years and 6 months of restriction of liberty;
- a lifetime ban from holding positions in the civil service, state organisations, and entities in the quasi-public sector.
The court also set the amount of damages to be compensated at 6.7 million tenge.
WHY WAS THE PUNISHMENT NOT MADE HARSHER
In the appeal, the prosecutor insisted on replacing the restriction of liberty with actual imprisonment. However, the court left the punishment without isolation from society.
The sentence has entered into legal force.
The Chief Transport Prosecutor's Office reported that the damage caused to the state has been fully recovered.