OzenMunayGas Case: Mangystau Regional Court Chair Rakhimbekov to Be Removed?

Something is brewing in the judicial system of the Mangystau region.

Yerbol Rakhimbekov, the regional court Chair, may soon be dismissed, according to several Orda.kz sources. He has not yet officially left his post. 

The decision may be related to the criminal case of the top OzenMunayGas managers, Orda has looked into the situation.

Yerbol Rakhimbekov is well-known in Kazakhstan's judicial system.

He has several high-profile criminal cases under his belt: the Alibi case, the case of the former AREM head, Murat Ospanov, Yerzhan Utembayev, convicted of aiding in the killing of politician Altynbek Sarsenbayuly, and others. 

He has yet to serve in his current position for a year; thus, the supposed resignation is a cause for curiosity. Such a decision requires disciplinary misconduct or a gross violation of the law. 

In March 2024, Zhenisbek Suleimenov, Director of Oil and Gas Production Department No. 3 of OzenMunayGas JSC, and Said-Adlan Bakharchiyev, Director of ANSK LLP (Aqtau Oil Service Company), were each sentenced to eight years.

They were accused of embezzlement on an especially large scale – 130,108,118 tenge. 

Bakharchiyev's company and OMG signed a contract for the lease of complete equipment (an electric centrifugal pump with a suspension of tubing for a well) for 100 wells under rental with subsequent servicing for 8.2 billion tenge.

However, the case materials state that the ANSK LLP head, not wanting to bear the costs of purchasing tubing, did not purchase the equipment. Instead, he embezzled OzenMunayGas funds using equipment belonging to the customer. 

As the investigation claimed, Suleimenov knew about these machinations.

Meanwhile, without permission from JSC OMG, the parent organization, he delivered the pump and compressor pipes to TOO ANSK and signed certificates of work performed. The criminal case materials specify that these contained misleading information about the cost of the pump and compressor pipes received from JSC OMG and the cost of their rent. 

As a result of the joint illegal actions of S. Bakharchiev and Zh. Suleimenov, in the period from February 6, 2020 to January 11, 2021, OMG JSC made a full payment for services to ANSK LLP in the total amount of 1,261,543,200 tenge without deducting the cost of 2,308 NKT pieces in the amount of 108,415,662 tenge and the cost of their rent in the amount of 21,749,456 tenge for a total of 130,165,118 tenge, which the defendant Bakharchiev disposed of at his own discretion, the verdict states. 

The defendants were ordered to pay damages – 130 million tenge. The court of first instance also stripped them of the right to hold management positions in commercial organizations in the oil and gas industry for ten years.

The top manager of OzenMunayGas and the director of Aqtau Oil Service Company challenged the verdict.

In July 2024, they appealed it to the Mangystau Regional Court. 

In connection with the 30th anniversary of Kazakhstan's independence, Zhenisbek Suleimenov's sentence was reduced to six years, four months, and 24 days. And the material damage was reduced to 84 million tenge. 

Meanwhile, the appellate panel chaired by Judge Yerbol Rakhimbekov acquitted the head of ANSK, Said-Adlan Bakharchiev. 

Said-Adlan Bakharchiyev is found not guilty of committing a crime under Article 189, Part 4, Clause 2) of the Criminal Code and acquitted due to lack of evidence of his having committed a criminal offense. The measure of restraint in the form of detention for Bakharchiyev is to be revoked and he is to be released from custody immediately from the courtroom. Based on Part 1 of Article 37 of the Criminal Procedure Code, the acquitted person is to be recognized as having the right to rehabilitation and the procedure for compensation for damages related to illegal criminal prosecution is to be explained to him. The civil claim of JSC OzenMunayGas is to be dismissed,the decision of the panel of the Mangistau regional court. 

The Prosecutor General's Office, however, stated that the appellate court had groundlessly acquitted Bakharchiev.

The prosecutors said the ANSK director's guilt "was established by the totality of evidence examined by the court of first instance." The supervisory agency noted that Bakharchiev's acquittal resulted in an unjustified reduction in the damages recovered from the guilty parties. 

The Supreme Court concurred. During the case's consideration, the cassation panel left the Mangystau regional court's decision in tatters.

The appellate court, having shown bad faith, committed a gross violation of the law and made an unfounded decision to acquit Bakharchiev and reduce the amount of damage caused. Upon examination of the case materials, it was established that on May 31, 2018, an agreement was concluded between OzenMunayGas JSC, represented by Deputy General Director for Production E.O. Uteyev, and ANSK LLP, represented by Director Bakharchiev, for a total amount of 8,216,880,000 tenge, valid until December 31, 2021. According to this agreement, ANSK LLP was obliged to provide services for the rental of a complete set of equipment for an electric centrifugal pump unit (hereinafter referred to as ESP) with a tubing hanger for wells. Moreover, the terms of the contract expressly stated that the entire set of necessary equipment, including tubing pipes, must be provided by ANSK LLP in a quantity that would ensure the uninterrupted operation of the wells,
 The Supreme Court materials specify.

The cassation court supported the prosecution's line of argument, noting that ANSK LLP did not have the required number of oil well pipes.

In January 2020, Suleimenov, as director of NGDU-3 of OzenMunayGas JSC, made a decision that clearly went beyond his authority: he transferred new oil well pipes belonging to the JSC to ANSK LLP.

This equipment was not returned to its owner. 

Bakharchiyev, knowing that the work involved using pipes belonging to OzenMunayGas JSC, signed and provided the customer with certificates of completion of work, which contained false information about the provision of ESP rental services in full, including the cost of renting the tubing in the amount of 21,749,456 tenge. These certificates were also signed by Zh. I. Suleimenov, and they served as the basis for transferring funds in favor of ANSK LLP. The court of first instance correctly established that damage to the state in the total amount of 130,165,118 tenge was caused as a result of the concerted actions of Suleimenov and Bakharchiyev, the Supreme Court concluded.

 

A sentence being overturned in such a manner is a blow to one's reputation. This is also no simple district judge but a regional court Chair. 

In September, the Supreme Court's cassation panel overturned the appeal verdict acquitting Bakharchiev. It sentenced him to six years, four months, and 24 days, reducing the initial term due to the amnesty. 

OzenMunayGas top manager Zhenisbek Suleimenov was given a similar term. Both will not be able to work as managers in the oil and gas sector for 10 years.

In recent years, JSC OzenMunayGas has been closely scrutinized by law enforcement agencies.

In 2023, FMA identified 118 violations, including embezzlement, "dead souls," illegal tenders, etc. The trial of Suleimenov/Bakharchiyev is a result of law enforcement's efforts.

Original Author: Dinara Bekbolaeva