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Petropavl Judges' Sentences Modified in Appeal: One Sentence Reduced

An appeals court in Petropavl has reviewed the sentences of two former court chairmen, with one individual's prison term being reduced. The case, which has garnered significant public attention in the region, involved allegations of bribery and abuse of power.

The Two Former Chairmen

The proceedings focused on two former court chairmen. Bekbol Baimakhanov, 46, served as the chairman of the Specialized Inter-district Economic Court of the North Kazakhstan Region from 2022 to 2024. He was apprehended in December 2024 on suspicion of accepting bribes.

His colleague, Yerlan Ibrayev, 41, held the position of chairman at Court No. 2 of Petropavl from 2021 until January 2025. He was detained in January of the previous year.

Corruption Allegations

The charges against the judges extended to a lawyer from Almaty, Artem Ivanov, and two entrepreneurs involved in road construction and trade in North Kazakhstan, Pogosyan and Melkonyan. The judges were accused of accepting bribes for decisions in cases they did not oversee and could not influence.

First Case: Baimakhanov and Ivanov

The first part of the case detailed allegations against Judge Baimakhanov. According to the prosecution, a collection agency filed a lawsuit with the economic court concerning disputed land plots, a case that had been ongoing for years. Lawyer Ivanov represented the interests of this agency.

Upon learning about the case, Baimakhanov allegedly asked the presiding judge, Omarov, to arrange a meeting with Ivanov. During this meeting, Ivanov reportedly offered Baimakhanov a bribe of $20,000 (over 9.5 million tenge). The sum was later allegedly increased to $50,000 (over 24 million tenge) – $20,000 for the first instance court's decision and $30,000 for the appellate instance decision.

Meanwhile, Judge Omarov, aware of his superior's illicit dealings, filed a written complaint with the National Security Committee (KNB). This led to an investigation into Baimakhanov.

According to case materials, on December 18, 2024, lawyer Ivanov allegedly passed a portion of the bribe ($15,000) to Baimakhanov through Judge Omarov. This money was later discovered and seized by KNB officers from Baimakhanov's office after his arrest.

Second Case: Road Construction Company

Furthermore, the indictment stated that Baimakhanov, along with his colleague and friend, Yerlan Ibrayev, chairman of Court No. 2 of Petropavl, engaged in other serious corruption offenses.

The second episode involved Gevorg Pogosyan's road construction company. A district construction department filed a lawsuit against the contractor due to deficiencies in road repairs, seeking to declare the company an unfair participant in public procurement.

The indictment suggested Pogosyan's concerns about the company's reputation were unfounded, as identified defects were rectified, and the court was expected to rule in the entrepreneur's favor. However, to ensure a favorable outcome, Pogosyan allegedly sought assistance from Ibrayev, chairman of Court No. 2 of Petropavl, whom he knew. Ibrayev, in turn, approached Baimakhanov. The two judges reportedly agreed to "resolve the issue" for 2.5 million tenge. The indictment indicates the money was given to Ibrayev at his home's entrance. He counted the sum with his wife before handing it over to Baimakhanov.

Third Case: Bankruptcy Proceedings

The third episode concerned entrepreneur Hamlet Melkonyan. According to the indictment, he approached chairmen Ibrayev and Baimakhanov with a request to be declared bankrupt and have his debts discharged, as he owed money to creditors.

Initially, the bribe was set at $10,000 (approximately 5 million tenge), but it was later reduced to 2 million tenge for both judges. Baimakhanov, as chairman of the Specialized Economic Court of the North Kazakhstan Region, took the bankruptcy case under special control, despite lacking the authority to interfere with another judge's work or influence the decision.

The entrepreneur's individual entrepreneurship was declared bankrupt. He later obtained the money from an acquaintance and gave the sum to Judge Ibrayev in a cafe restroom. Ibrayev then gave 1 million tenge to Baimakhanov. This money was also later confiscated from the office of the former chairman of the Specialized Economic Court of the North Kazakhstan Region.

In the appellate instance, the court decision to declare Melkonyan's individual entrepreneurship bankrupt was overturned due to a lack of grounds for bankruptcy.

Initial Court Verdict

Judges Baimakhanov and Ibrayev were charged with large-scale fraud using their official positions. Other participants in the case were accused of giving large bribes.

During the trial, the prosecutor requested 12 years of imprisonment for Bekbol Baimakhanov, the former chairman of the Specialized Inter-district Economic Court of the North Kazakhstan Region, and seven years for Yerlan Ibrayev, the former chairman of Court No. 2 of Petropavl. Lawyer Artem Ivanov, and entrepreneurs Gevorg Pogosyan and Hamlet Melkonyan also faced requests for six years of imprisonment each. All defendants were to serve their sentences in a medium-security institution.

The defendants disagreed with the verdict and appealed to the judicial board for criminal cases of the North Kazakhstan Regional Court.

On March 4, Judge Asem Zhanalina of the Petropavl City Court issued the initial verdict. "Baimakhanov is found guilty, and he is sentenced to eight years of imprisonment, with the confiscation of 1,284,000 tenge to state revenue, and with lifelong deprivation of the right to hold public office," Zhanalina read.

Judge Ibrayev was sentenced to six years of imprisonment, with the confiscation of 2,250,000 tenge to state revenue, and with lifelong deprivation of the right to hold public office. Lawyer Ivanov received six years, Melkonyan four years, and Pogosyan three years and six months. All defendants were to serve their sentences in a medium-security institution.

Appellate Decision

The convicted individuals appealed the verdict to the judicial board for criminal cases of the North Kazakhstan Regional Court. The judicial board, chaired by Judge Sergey Viktorov, upheld the first instance court's verdict for Ibrayev, Ivanov, Melkonyan, and Pogosyan. However, the verdict concerning Baimakhanov was modified.

The board agreed with the arguments that Baimakhanov's actions in the first episode should be reclassified as attempted large-scale fraud, rather than very large-scale fraud.

The board reviewed a video recording of Baimakhanov indicating two fingers and mentioning the sum of $20,000. "We recalculated the amount: $20,000 at that time is a large scale, not a very large scale, 2800 MCI, while a large scale requires 4000 MCI. Therefore, changing the sentence, we reclassified it," explained presiding judge Sergey Viktorov.

As a result, the board reduced Baimakhanov's sentence by one year. The former court chairman will now serve seven years instead of eight. The appellate ruling has entered into legal force.

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