Kazakhstan: Entrepreneur Awarded Over 40 Million Tenge After Case Dropped

Aqmola Regional Court upheld a ruling requiring the state to pay over 40 million tenge in compensation to a businessman who spent nearly three years under investigation and arrest on severe criminal charges, Orda.kz reports.

The case was eventually dropped due to lack of evidence, and the state must now compensate him for the harm caused.

The plaintiff, head of a partnership and farming enterprise, became a defendant in a criminal case in October 2019 for allegedly creating and participating in an organized criminal group, as well as for property theft. From September 2020 to July 2023, he was held in custody and under house arrest. In December 2023, the case was closed, and he was granted the right to rehabilitation and compensation,
 the case materials state.

The entrepreneur filed a lawsuit against the Ministry of Finance and the regional police department, arguing that the investigation prevented him from managing his business, left him without income, led to the bankruptcy of his company, and caused him to lose farmland due to missed paperwork deadlines.

He also demanded a public apology through the media.

The first-instance court partially granted the claim:

• 14 million tenge for material damages
  
• 16.8 million for lost wages
  
• 9 million for moral damages

He also sought 28 million tenge to cover legal fees, but the court found only half of that amount justified; the attorney’s services related solely to the criminal case and not to the civil proceedings.

The judicial panel upheld the original ruling, stating that the authorities' fault was established and that there was a clear causal link between the investigation and the damages.

The court decision is now in effect.

Earlier, Orda.kz reported on a similar case in Aqtobe, where a man was wrongfully detained for 25 days over an alleged refusal to undergo a medical examination.

It was later revealed that he had not refused but was physically unable to provide a sample. The court overturned the decision and awarded him 500,000 tenge for moral damages and legal representation costs.

Original Author: Ruslan Loginov