The Almaly District Court of Almaty on 11 November delivered its verdict in the case of five defendants concerning cooperation between the Human Resources Development Centre (HRDC) and the First Credit Bureau (FCB). The convicted individuals received sentences of between 2 years and 7 years 6 months' imprisonment.
WHO WAS CONVICTED AND UNDER WHICH ARTICLES
As reported by Informburo.kz, the court found five defendants guilty:
Ruslan Omarov, former general director of the First Credit Bureau, received 7 years 6 months' imprisonment. He was found guilty under part 3 of article 367 of the Criminal Code of the Republic of Kazakhstan ("Giving a bribe"), part 5 of article 28 and part 4 of article 361 of the Criminal Code of the Republic of Kazakhstan ("Aiding and abetting abuse of official powers"), and also part 5 of article 28 and part 2 of article 210 of the Criminal Code of the Republic of Kazakhstan ("Aiding and abetting the use of malicious computer programs"). He was acquitted on a separate count of aiding and abetting Akmadi Sarbasov.
Daulet Argandykov, former head of the HRDC and ex-vice-minister of healthcare and social development, was sentenced to 7 years 6 months' imprisonment. He was found guilty under part 4 of article 361 of the Criminal Code of the Republic of Kazakhstan ("Abuse of official powers"), part 2 of article 210 of the Criminal Code of the Republic of Kazakhstan ("Creation, use or distribution of malicious computer programs and software products") and part 3 of article 367 of the Criminal Code of the Republic of Kazakhstan ("Giving a bribe"). He was acquitted on a separate count of aiding and abetting abuse of powers.
Akmadi Sarbasov, former first vice-minister of labour and social protection of the population, received 4 years' imprisonment under part 2 of article 366 of the Criminal Code of the Republic of Kazakhstan ("Receiving a bribe"). The court acquitted him under part 4 of article 361 of the Criminal Code of the Republic of Kazakhstan ("Abuse of official powers").
Tauke Bolatbayev, former director of an HRDC department, and Akzhol Doshimov, an employee of the centre, were found guilty under part 2 of article 210 of the Criminal Code of the Republic of Kazakhstan ("Creation, use or distribution of malicious computer programs and software products"). Each was sentenced to 3 years' imprisonment, but following the application of an amnesty the terms were reduced to 2 years.
WHY THE CRIMINAL CASE WAS OPENED
The investigation began after the identification of alleged irregularities in cooperation between the state centre and a private credit bureau.
According to the Agency for Financial Monitoring (AFM), after the contract was amended in 2020, the HRDC received 65% of the income from the services, and the FCB 35%. At the same time, under the contract with the State Credit Bureau, the centre's share was 70%.
The investigation also alleged that the FCB was provided with accelerated processing of requests, while the work of the competing bureau was artificially slowed down using software.
The alleged damage was estimated at more than KZT 2 billion. In addition, according to the AFM's version, the heads of the centre and the bureau gave Akmadi Sarbasov $75,000 to preserve the terms of cooperation.
WHAT THE COURT RULED
Ruslan Omarov and Daulet Argandykov were banned for life from holding positions in the civil service and in a number of organisations, including the quasi-public sector.
Bolatbayev and Doshimov were banned for a year from engaging in activities related to information systems and software products. Both were taken into custody in the courtroom.
All five are to serve their sentences in medium-security institutions. The court also ordered the confiscation to the state of $75,000 recognised as material evidence.
The injured party was informed of the right to file a claim under civil proceedings.
WHAT THE DEFENCE ARGUED
The lawyer for Ruslan Omarov, Rashid Tenizbayev, disputed the calculation of the damage. According to him, the FCB financed the modernisation of the system, and after the revision of the contract the state centre expanded the list of services and increased its revenue.
The defence also cast doubt on the evidence of the transfer of the bribe.
The verdict has not yet entered into legal force.
