Recently, the editorial board of FBRK received an appeal from representatives of the farm enterprise (FE) 'Kolos', which grows grain crops. They told how they lost their harvest and money by trusting a company that at first glance seemed reliable. As it turned out, this case is far from the first.
In June 2022, the specialised inter-district economic court of the Akmola Region issued what seemed to be a fair ruling: LLP 'Zernograin' was ordered to pay multi-million tenge debts to two farm enterprises – FE 'Kolos' and FE 'Natalisa'. However, justice remained only on paper, and the farmers were left without money or grain.
The story began with a tempting offer. In 2022, the heads of two farm enterprises received a proposal from a long-time acquaintance to sell grain at attractive prices through LLP 'Zernograin'.
The acquaintance took care of the paperwork, and soon the FEs signed contracts with LLP 'Zernograin' for the supply of grain. According to the contracts, FE 'Natalisa' was to receive 5.4 million tenge, and FE 'Kolos' – 23.7 million tenge.
However, the entrepreneurs never saw the payment. Numerous payment deferrals dragged on indefinitely. When it became clear that no one intended to repay the money voluntarily, the farmers turned to the court.
The court ruling obliged LLP 'Zernograin' to pay FE 'Natalisa' more than 7.3 million tenge by 30 September 2022, and FE 'Kolos' – 23.9 million tenge by 15 October of the same year. The amount included the principal debt, penalties and legal expenses of the farm enterprises. But even after this, the money did not appear.
Moreover, an inspection of the assets of the head of the debtor company revealed a surprising picture: no property is registered in his name, and two cars previously owned by him have been deregistered. One of the cars was pledged to the 'Eurasian Bank'.
It is noteworthy that LLP 'Zernograin' itself, registered only in March 2021, is now recognised as dormant. The company has enforcement proceedings debt totalling more than 43 million tenge. According to data from the service kompra.kz, it has been subject to prohibitions on registration and notarial actions, a freeze on bank accounts, and a ban on its management leaving the country.
The law enforcement authorities, having reviewed the case of FE 'Natalisa', came to an unexpected conclusion: there are no signs of a criminal offence in the actions of LLP 'Zernograin', as there is no intent in the failure to comply with the court ruling. At the same time, the case of FE 'Kolos' is still under investigation.
This story raises a number of alarming questions. Where did the hundreds of tonnes of grain belonging to the farm enterprises disappear? If the grain was sold, where is the revenue from its sale? And most importantly – why does the bankruptcy of an unscrupulous buyer become a catastrophe for honest farmers, and why is the state system unable to protect their interests?
While these questions remain unanswered, and tens of millions of tenge go unpaid, a dangerous precedent is being set, one that could be repeated with any other farm enterprise. And this is no longer just a private dispute between economic entities, but a systemic problem requiring an immediate solution.