Kazkommertsbank has brought the company of NKR to default
Why do state authorities turn a blind eye on the illegal actions of the bank and delay the long legal battle?
On the agenda of the visiting session of the Council for the protection of the rights of entrepreneurs NCE RK "Atameken" in Petropavlovsk includes a long legal battle. Brought to default LLP "Lesokompleks 2030" from NKR appealed to the Chamber a few years ago. Despite numerous appeals to the prosecutor’s office, NCE and the courts, the case is not solved. However, experts of NCE do not give up and continue to protect the rights of the businessman.
LLP "Lesokompleks 2030" obtained a loan in the amount of 900 thousand USD in 2007 at JSC "Kazkommertsbank" at 14% per annum for the period up to 2017 for a refinancing loan debt from another bank, the replenishment of working capital, as well as investment. In 2008, the interest rate was first increased to 16%, and then - up to 18% per annum. Later part of the debt was refinanced under the agreement with JSC "EDF" Damu "with a decrease in the interest rate on the loan up to 12.5% per annum, but at the same time, financing term was reduced from 2017 to 2015, this did not allow to reduce monthly payments. In 2009 it carried out the refinancing of the remaining part of the debt with a reduction rate of up to 11% and a decrease in financing long-term loans for the period of up to 2016, which also did not allow to reduce the monthly payments. As a result the refinancing of the whole loan done with a decrease of the interest rate up to 8% per annum. In June 2010, in connection with the problems of energy supply within 15 months LLP "Lesokompleks 2030" delayed payments.
The negotiations of the enterprise with Kazkommertsbank did not yield positive results, the bank did not allow to make capitalization of overdue debts, make refinancing, restructuring to go to another bank, it did not authorize any delays in payments and other possible types of benefits. LLP "Lesokompleks 2030" was paying on average 2.5 million tenge per month for 3 years without arrears.
As a result, by the court ruling on 14.07.2011, from LLP "Lesokompleks 2030" and its director Andrey Andreev was recovered debt in the amount of 92.2 million tenge in favor of JSC "Kazkommertsbank", foreclosed on the mortgaged property. The court decision came into force on 30th of November 2011.
"During 3.5 years of work, we regularly paid credit. Once came a new director of Almaty Yerlan Kozhabergenov, we started having problems. We started having delays, we could not continue to pay a credit line, we could not even run all the equipment, which we bought on the bank's money. We have explained the matter to other banks in order to transfer to them. Kazkommertsbank strongly hindered, called to other banks, so that they do not take us away. As a result, we are left in the bank, we defaulted, sued, transferred all bailiffs. There is complete mass. Now we can’t restore any production nor take our property back", - said the director of LLP "Lesokompleks 2030" Andrey Andreev.
In 2013, Andreev wrote to Kazkommertsbank a statement, asking to give a permission to sell the building and land. On 20th of May 2013 Andreev received a reply that the Bank has no objection to the sale of real estate, but these conditions are valid until 17 May 2013. At the same time the bank's reply was delivered to the post office on the same day. This fact indirectly shows signs of composition of art. 250 of the Criminal Code (abuse of power), as well as the officials of the Bank deliberately set impracticable deadline for the sale of property. Moreover, the bank's response was delivered on the day of termination of the consent of the bank.
On 29th of May 2013 the bailiff compiles an act of acceptance and transfer of the property from the entrepreneur’s wife without her participation, the collector - JSC "Kazkommertsbank" in the face of Levakova A.V. acting under power of attorney, which is not included in enforcement proceedings. In this case, we find a violation on the part of the bailiff regarding the transfer of property without Andreeva and witnesses.
On the same day, upon appeal of Andrei Andreev to NCE RK, Deprtment of Internal Affairs in Petropavlovsk a criminal case opened on the basis of the composition of embezzlement of entrusted property. However, for over 1.5 years no proper investigation was carried out. According to NCE, there are sign of red tape on the part of the investigating authorities.
"Throughout the period of execution of court decisions, the state bailiff and the bank have repeatedly violated the rights of Andreev. In this connection, the entrepreneur submitted a number of claims about bringing these individuals to justice. (...) During the pre-trial criminal proceedings the case was repeatedly stopped for lack of evidence, and the prosecutor's office resumed it with a written indication of the specific actions to be conducted during the investigation. However, the investigating authorities did not fulfill the prosecutor's office orders in full, which is reflected on the quality of pre-trial investigations", - noted the director of the Department of Legal Protection of Entrepreneurs NCE RK Oleg Savelenko, speaking at the meeting.
On 10th of February 2016 upon appeal of the Chamber of Entrepreneurs of NKR, a criminal case was initiated on the grounds of fraud on the part of police department of Petropavlovsk and abuse of power on the part of the Service of Economic Investigation of the State Revenue Department of NKR. Up to now for, for more than 5 months no comprehensive investigation was conducted.
On 10th of July 2016 RCE of NKR sent a letter to the Department of Justice of NKR on execution of the decision of the appeal board on civil and administrative cases of NKR dated by 23rd of February 2015, in which it was decided to release from arrest the property of Andreeva. On 15th of July 2016 the Chamber together with the Department of Justice of North Kazakhstan organized a reception and transmission of property to Andreeva. At the same time out of 23 items of property, she got only 2.
On 11th of August 2016 of RCE of NKR submitted a complaint on behalf of the Andreeva to the prosecutor’s office of the North Kazakhstan region and the head of DIA of NKR. On 26th of August 2016 an entrepreneur received an answer from the Prosecutor's Office of the city of Petropavlovsk on the refusal to meet the complaint.
The above issues were also discussed by the Commissioner for the protection of the rights of entrepreneurs of Kazakhstan Bolat Palymbetov with the prosecutor of the North-Kazakhstan region Stepan Zaytlerom. The appeal of Andreeva is under constant monitoring of the Directorate of RCE of NKR. According to experts of the Chamber of entrepreneurs in this situation - there is improper conduct of the investigation and the lack of control on the part of the prosecution.
"The company was destroyed by the raider seizure, it was completely ravaged. I wonder at the actions of law enforcement bodies. This is a blatant case. Law enforcement authorities should eliminate their shortcomings", - said the head of the Council Gani Kasymov, summing up the discussion. He requested to provide legal assistance to an entrepreneur. "We need to support and to revive production. There are 40 jobs, or 40 families", - he said.
Oleg Savelenko, in turn, promised to send a letter to the Prosecutor General's Office with a proposal to create a working group for investigation of the matter.