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And Scania is still there ...

- West Kazakhstan Region
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The property of a businessman, seized in the Republic of Turkmenistan, was returned to the owner through the court of a foreign state

Erik Supushev, a driver of a heavy truck with a trailer owned by LLP "Ural Plant of Metal and New Technologies", transported cargo from the enterprise to the Republic of Turkmenistan. The cargo was shipped according to the agreement, the accompanying documents were in order. But during the examination of the vehicle, the Customs Services of the Republic of Turkmenistan have been found cartons of cigarettes in the "large scale" (600 packs), placed in the driver cabin of the vehicle.

The owner of transport, LLP "Ural Plant of Metal and New Technologies", addressed to the Chamber of Entrepreneurs of WKO for help return the lorry and the trailer, as Garabogazsky City Court of Balkan province (trial court) delivered its verdict on the recognition of the driver guilty of committing a crime with imprisonment for 1 year without confiscation of property, but the vehicle (Scania) with a trailer was confiscated by the state as an instrument of the crime.

Legal experts have helped to the representatives of LLP "Ural Plant of Metal and New Technologies" to make an appeal with the request to change the verdict of the Court of First Instance in relation to the confiscation of the vehicle and trailer of Scania brand. As an evidence, the experts of the legal unit referred to the rules of the Criminal Procedure Code of the Republic of Turkmenistan, which states that destroyed or confiscated instruments of crime belong to the accused. The vehicle of the brand Scania belonged not to the defendant, but to LLP "Ural Plant of Metal and new technologies", and the trailer was rented from another entity. Besides, the lawyers proved that the trailer can’t be qualified as an instrument of crime.

"It was very difficult. We had to study the laws of another state in detail. So far we have been able to return to the owner the trailer worth 100 000 US dollars. The work on return of the vehicle was carried out jointly with the experts of the Department of Legal Protection of entrepreneurs NCE RK "Atameken"", - said the expert of the legal unit of the Chamber of Entrepreneurs WKR Asiya Aytmagambetova.

The Director of the Chamber of Entrepreneurs of WKR received a letter of gratitude from the entrepreneur for the rendered assistance.


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