Court hearing notice
The district court No.2 of the Yesil district of Nur-Sultan city is considering a motion of the General Prosecutor’s Office of the Republic of Kazakhstan for the confiscation of illegally obtained property before the sentencing (hereinafter referred to as the Motion) based on the materials of pre-trial proceedings No.10710104700018 against a citizen of the Republic of Kazakhstan, Tursunbayev Rustem Turarovich, born on July 2, 1962.
Tursunbayev R.T. is charged with the creation and leading of an organized criminal group, repeated embezzlement of entrusted property of the company on a large scale, legalization (laundering) of funds acquired by illegal means, tax evasion from organizations, forgery and use of knowingly false documents.
On March 4, 2011 Tursunbayev R.T. was placed on the international wanted list.
The Investigative Department of the National Security Committee collected evidence of Tursunbayev’s involvement to the misappropriation of funds of NAC Kazatomprom JSC and its subsidiaries, as well as their legalization and transferring to the banks of the Swiss Confederation through the companies under his control.
The amount of money seized at the request of the General Prosecutor’s Office in the accounts of companies controlled by Tursunbayev in a Swiss bank is 9,661,948.79 euros and 2,448,977.48 US dollars.
The General Prosecutor’s Office, in accordance with part 6 of Article 668 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), applies to the court for the confiscation of property obtained by illegal means, prior to the sentencing.
At the request of the defense counsel of the suspected, the accused with his (her) participation, other persons may be called at the hearing to testify in respect to this request (Article 669 of the CPC).
The defense counsel of Tursunbayev R.T. in the present case Yaremchuk Sergey Petrovich was notified of the upcoming court hearing.
At the same time, the suspect Tursunbayev R.T. has the right to call his defense counsel independently (or through his relatives or proxies) and is endowed with other rights provided by the Article 64 of the CPC.
Because Tursunbayev is outside the boundaries of the Republic of Kazakhstan and the due to the absence of information about his location, in accordance with Article 205 of the CPC, the notification is published in the republican mass media, as well as in public telecommunication networks.
In this regard, the General Prosecutor’s Office publishes a notification of the court hearing on the consideration of the motion on the official website of the General Prosecutor’s Office.
In addition, the General Prosecutor’s Office also publishes a notification of the court hearing on the personal page of Tursunbayev R.T. in the social network “Facebook”.
The General Prosecutor’s Office notifies Tursunbayev Rustem Turarovich that the court hearing to consider the motion will be held via videoconference at 3:00 p.m. on December 23, 2020 (time of Nur-Sultan, Republic of Kazakhstan).
Judge is Tobagaliuly K., participating prosecutor is Dulatbekov A.N.
In case of non-participation of Tursunbayev R.T. and (or) his defense councel (representative) at the court hearing (online), it can take place without their participation.
In accordance with Article 671 of the CPC, based on the results of consideration of the motion, the court will make a decision to satisfy or refuse to satisfy the motion for confiscation.
The court decision can be appealed, including by Tursunbayev R.T. or his defense counsel (representative) or appealed and reconsidered by the motion of the prosecutor in the manner prescribed by the CPC.
Tursunbayev R.T. (or his defense counsel) can obtain a copy of the motion by contacting the General Prosecutor’s Office or Court No.2 of the Yesil district of Nur-Sultan city.
On all issues related to the consideration of the motion, including the organization of videoconferencing or obtaining copies of the motion, we ask Tursunbayev R.T. or his defense counsel, contact the following contacts:
The General Prosecutor’s Office of the Republic of Kazakhstan, address: Nur-Sultan city, Mangilik Yel avenue, 14, postal code: 010000, work tel.: +7 (7172) 30-18-90, e-mail: 7172515@prokuror.kz.
Court No.2 of the Yesil district of Nur-Sultan, address: Nur-Sultan city, Sauran str., 32, postal code: 010000, work tel.: +7 (7172) 55-84-00, e-mail: 717-3610@sud.kz.
In addition, on the above issues, Tursunbayev R.T. can also apply to his defense counsel Yaremchuk S.P., work tel.: +7 (7172) 38-50-54, mob.: +7 (701) 288 44-77; advokat-yaremchuk@mail.ru.