Informative report

The prosecutor General's  office conducted respections in the activities of the Republican Chamber of Private Bailiffs and the operator of a  single electronic trading platform of the organization of enforcement proceedings and compilance with the law in the conduct of electronic trading for 2015-2017 and the expired period of 2018.

During the audit ,gross violations of the law were revealed:

First-interference in the process of distribution of executive proceedings between private bailiffs. Sample checks revealed 2,5 thousand such facts ,while promising executive lists were distributed to 20 private bailiffs in various areas.

At the same time ,executive documents on recovery alimony ,wages,and state income remain without due execution .

Secondly,untimely and formal consideration of acts of prosecutors supervision.For the specified period 936 certificates of supervision are brought,42 of which are considered formally.No due response has been made to the perpetrators.Thirdly,572 of violations committed by the regional chambers were identified when considering appeals from individuals and legal entities.

Thus,the regional chamber of Almaty has not given answers to 35 applicants on petitions about illegal actions of the Private Bailiffs.At the same time complaints were received systematically,on the same persons.None of them have been verified,measures are'nt  taken.

Fourthly,the Rebublican Chamber blocked the access of private bailiffs to the automated information system of enforcement agencies untimely after suspension or termination of licenses. 9 such facts revealed.

Fifth,the in kind contributions of private bailiffs..

Since 2015,the staff number of the central office of the Chamber has been increased more than three times (from 11 to 34),expenses for salary payments have increased from 77 to 197 million tenge.The Chumber,not having large financial turnover,had 7 accountants with a salary of at least 220 thousand tenge.The staff includes 9 specialists of the protection department and legitimate interests of private bailiffs  (with a salary of 140 thousand) The Chumber didnt substantiate the expediency of the introduction of such posts.Obviously,having a high legal education the private bailiffs can defend and defend their rights and legitimate interests.

Contributions of the private bailiffs instead of the educational  process,the Educational Center was used to pay bonuses to the employees of the Chumber.This is spent the fifth of all receipts (10 from 50 mln.).

In accordance with article 149 of the law the private bailiffs not entitied to engage in other types of paid activity, expect for scientific,teaching and creative activities.

Certain facts are revealed when workers of regional chambers (Astana city, WKR),receiving wages,simultaneosly engaged in execution of executive documents.

Sixhs-revealed the facts of violations of the law in the activity of single electronic trading platform,entailing the infringement of the rights of citizens in the safe of the property seized.

The operator of a single electronic trading platform ignores the requirements for ensuring transparency and information security of the system of electronic marketplace.

According to the 4th rule:Rules of implementation of the selection of a single electronic trading platform of May 5,2015 №256 (next-rules) operator of electronic marketplace must ensure security,confidientiality, protection of information and services electronic marketplace from an authorized acces,transparency and openness of conducted electronic auctions.

However,these conditions are not observed by the electronic marketplace  operator.

In 2016,the electronic masterplace operator disabled the logging function (protocol of action) and traffic monitoring (connecting users ).

Now the system can not track the actions (manipulation),spend post-factum monitoring.Third-party intervencion is not displayed.

About changing parameters and functionality of electronic marketplace (which were in the course of attestation) authorized organization in the field of information security for he operator of electronic marketplace not informed.The question of re-certification is not initiated.

The operator of electronic marketplace  was brought to administrative responsibility for violation of information security requirements.

Disabling these functionaries created the conditions for abuse and manipulation.During the audit.test auctions were held.The experiment showed that in the bidding process you can block any participant in the auction and contribute to the victory of particular person.

The system has acces to unauthorized persons. Log info the system was throught remote access from mobile phones.Thus went to system 879 times.

The existing technical shortcomings make it possible to make any,exactly illegal actions when selling property from the auction 92% (11 thousand.) trades are carried out by the method of price reduction.The cost reduced by 82 billion tenge (from 203 till 121 mlrd.).

In most cases  (78%) property was sold cheaper at  20-48%. A third of property  (2769) sold at half price.

In the auction participate and win the same people, 40 constant participant bought 2024 lot, 23 of them representatives of banks.

The banks participated in 4104 auctions  and  win in 2343.The price is on average reduced by 30% (from 103 till71 mlrd).

In the absence of a competitive environment banks acquired properly in 78%  won trades. 

In 320 cases,applications were filed and online bidding was conducted from the same local network adresses (IP-adress), owned by banks.In this case,52 cases are the second participants,formally ensuring the legitimacy of bidding (trades are recognized as failed if less than two persons participate in them),also were  employees of banks .For all these  trades ,the winners are recognized by banks .Price are on average reduced till 37% (from  22 till 14 mlrd.).

The facts that contribute to tax evasion are revealed.

In the period from 2015 to 2017,electronic masterplace operator concluded 10 service contracts with various individual enterpreneurs. for 2017 year paid for them 220 100 000 tenge. It is 70% of income (from 330 mln.).

Operator of the electronic masterplace confirmed, that acts of the executed works were signed without supporting documents . At the same time ,as contractors ,they specifically chose individual interpreneurs using the simplified mode.

According to the article 687 of the Tax Code,individual enterpreneurs pay tax only 3%, and legal entities are taxed at a rate of 20% (the 313 th article of TC).

Individual enterpreneurs explained that they didn't actually provide services.Money was cashed from their accounts,for which they received 1% of the amount .

At present,the State Revenue Committee.on behalf of the Prosecutor General's Office,conducts a comprehensive tax audit.

According to the above facts,the Ministry of Justice takes comprehensive measures to provide legal and information support to the enforcement proceedings and activities of private judicial executors,as well as to bring  the perpetrators to appropriate liability .