After many years of litigation with the bank a businessman from Kokshetau went bankrupt

LLP “Zhekebatyr” addressed to the National Chamber of entrepreneurs to protect its material interests. The reason of the application of the entrepreneur is the long-term litigation (since 2009) with JSC "BTA Bank" (now "Kazkommertsbank").

The situation looks like this. The Bank has flagrantly violated the conditions of the cession contract. For one and a half year, the bank did not repay debt loan of LLP "Zhekebatyr" in the amount of more than 495 million tenge. At the same time "BTA Bank" accrued overdue fee, fines and indexing from August 17, 2009, unlawfully increasing debt of LLP "Zhekebatyr." As a result, LLP owes to JSC "BTA Bank" 226 million tenge.

According to court ruling of Akmola Regional Court dated by June 18 2013, "BTA Bank" is required to recalculate the arrears owed to LLP "Zhekebatyr" by the condition on 18^th of August 2009. However, the court's decision remains unfulfilled. Moreover, the bank reported to LLP "Zhekebatyr" and the bailiff that recalculation of the debt has been made by the condition on August 18, 2009, however, it was not true. Referring to the letter from the bank, the bailiff stops the enforcement of the court ruling referring to its fulfillment. As it turned out during the investigation, "BTA Bank" for the purpose of taking possession of the collateral of LLP "Zhekebatyr" and overstatement of accrued interest, misled the bailiff by providing false information on the execution of the court decision on recalculation.

There are signs of a criminal offense in the actions of the management of "BTA Bank" under Article 190 of the Criminal Code (fraud). Results of inspections of managers of "BTA Bank" on the fact of fraud were separated from this criminal case into a separate criminal case and submitted to the jurisdiction of Department of Internal Affairs of Akmola region. Currently the case is under investigation.

Moreover, by the decision of appellate judicial board dated by April 9, 2015 denied the request for renewal of the term of appeal of actions of bailiffs on execution of the decision of appellate judicial board of Akmola Regional Court dated by 18^th of June 2013 regarding the lawsuit of LLP "Zhekebatyr" to JSC "BTA Bank" on compulsion to make recalculation of the debt by the condition on 18^th of August 2009. The proceedings were discontinued. By the decision of the appellate judicial board of Akmola Regional Court dated by 27^th of August 2015 the definition of appellate judicial board was upheld. LLP "Zhekebatyr" was refused in initiation of supervisory review proceedings on the renewal of the terms of filling a complaint.

The question was put on the agenda of the Council for protection of the rights of entrepreneurs under NCE RK "Atameken", which was held on Tuesday at the site of the Chamber. Via a video conference the meeting was attended by the regions. To clarify the situation, the floor was given to the Deputy director of Kokshetau branch of "Kazkommertsbank" Daulet Tokin. "As for LLP "Zhekebatyr", the bankruptcy proceedings are initiated now, i.e. LLP was declared bankrupt. The court decision came into force last December. Indeed, the recalculation was made too late. If the transaction was in August of 2010, the recalculation was made in December 2011. But the recalculation has been made by the condition on August. That is, the interests of the company were not violated. Later, the bank appealed to the court. The Court collected the debt amount with calculation of repaid sum of 495 million tenge. In addition, this issue has been reviewed by all courts, including appeal, cassation and supervisory authorities. The correctness of the bank has been confirmed by all the courts", - he said.

The Chairman of the Council Gani Kasymov, in turn, made the following resolution on the issue: "To direct a request to the General Prosecutor’s Office of Kazakhstan with a protest against the judicial acts and to restore the deadline for filing complaints against the public bailiff and cancellation of the decision to terminate the enforcement proceedings of the lawsuit of LLP "Zhekebatyr." The second - to address to the Prosecutor General’s Office of Kazakhstan with the request to provide comprehensive full objective investigation of the criminal case instituted against employees of JSC "BTA Bank" on the fact of fraud ", - he stated.

"As they say, first to finish the business, and then ... We - members of the Council considered the situation. 5 years of bullying are evident. 110 million tenge of taxes were paid each year to the budget. Everything was destroyed, the man went bankrupt", - said Kasymov.

The member of the Council, ex-deputy of Mazhilis Aitkul Samakova also expressed the views. "Yesterday I got acquainted with the materials. I'm just surprised. And today, no one is responsible for destruction of the business and no more annual payments to the budget in the amount of 110 million tenge. They have strangled the business, and the budget lost so much money. And today they say: "they go bankrupt." You do not have to bankrupt, you need to figure out what was wrong. This is not an isolated case. It's just a man came who came with a cry in his heart, he does not know where to go. Today, "Atameken" – is an organization of the national scale, which has the authority to protect the business. We must look into the matter and find out who is to blame", - she said.