The main transport Prosecutor's office established a judicial act in the course of its Supervisory activities, which incorrectly applied the norms of legislation on currency regulation and control.
In 2018, Tulpar Talgo LLP (hereinafter-LLP) and the Spanish Industrias Teysa S. A. company signed a contract for the supply of spare parts for wagons. Within the framework of the agreement, LLP (resident) made a transfer of funds abroad with a term of 180 calendar days. However, after the expiration date, the product was not received in full, and the money was not returned to the country.
Failure by a resident to perform the obligation to repatriate national and foreign currency in time entails liability under article 251 of the administrative Code.
In accordance with paragraph 1 of article 12 Of the law "on currency regulation and currency control" (in force at the time of crediting money), the obligation to ensure the timely repatriation of national and foreign currency is assigned to the resident.
Consequently, the Kazakhstan partnership does not ensure timely fulfillment of the requirements for the return of funds, and has violated the requirements of the legislation.
However, the specialized inter-district juvenile court of Astana, not seeing the company's fault, stopped the proceedings.
As a result, at the appeal request of the Main transport Prosecutor's office, the illegal court order was canceled and issued to the legal entity more than 5 million us dollars.the obligation to pay an administrative fine in the amount of tenge was imposed.
Currently, this fine has been included in the state budget.
Main transport Prosecutor's office