In case of extradition of Ablyazov to Ukraine the country would be able to claim a significant portion of assets of the former banker
Ukraine is not an aggrieved party and can not file a compensation claim against Mukhtar Ablyazov, the former chairman of the Kazakhstani BTA Bank, and his accomplices. The above statement was made by Roman Marchenko, senior partner at Ilyashev & Partners Law Firm, to 112 Ukraine TV channel.
“It is worth noting that the main victim of the fraud committed by Mukhtar Ablyazov is BTA Bank (Kazakhstan) that had already filed a civil compensation claim as part of the criminal case in the Russian Federation. Ukraine as a state is not an injured party, thus, it is deprived of the opportunity to file a compensation claim against Mukhtar Ablyazov and his accomplices”, Marchenko stated.
Marchenko also noted that today the French government published a decision on extradition of Ablyazov.
“Today, the French government published a decision on extradition of Mukhtar Ablyazov to the Russian Federation. I would recall that Ablyazov is suspected of causing a multibillion-dollar damage to BTA Bank (Kazakhstan). According to various estimates, Ablyazov and his accomplices managed to steal and misappropriate money in the amount from $ 6 to $ 10 bln. Whereas to launder the stolen assets they used a transnational network of 1,300 fictitious firms, the criminal cases against Ablyazov and his accomplices were initiated in several countries. At the moment, several members of the organized criminal group were detained by police officers in different EU countries (Lithuania, England, Czech Republic) and are awaiting extradition”, Marchenko said.
“Ukraine also submitted the request for extradition of Mukhtar Ablyazov. However, according to the French law, a priority in the case of extradition is the state that suffered more damage. Mukhtar Ablyazov caused to the Russian Federation damage amounting to over $ 4 bln, which is much higher than to Ukraine. It is therefore logical that the French government decided to extradite Mukhtar Ablyazov to Russia”, Marchenko informed.
“In Ukraine, Mukhtar Ablyazov is accused according to articles of the Criminal Code, which envisage punishment with imprisonment up to 12 years with confiscation of property. In case of extradition and subsequent conviction of Mukhtar Ablyazov in Ukraine, our country would claim a significant part of the assets of the former banker through the procedure of confiscation. Ukraine would look for those assets abroad and fill by them the state budget. Though, unfortunately, France did not make a decision on extradition of the fail banker to Ukraine”, he said.
Recall that the former Kazakhstani banker was detained on July 31, 2013 in France in accordance with the international arrest warrant. Kazakhstan accuses him of financial irregularities totaling to more than $ 6 bln. The General Prosecutor’s Office of Kazakhstan reported that activities of Ablyazov and his accomplices is “the subject matter of a criminal investigation by law enforcement authorities in Cyprus, Hungary and Latvia, the competent authorities of Ireland and Finland conducted audits of companies affiliated with Ablyazov”. In 2010, the banker was put on the wanted list by the investigating authorities of Ukraine on suspicion of embezzlement of bank funds and fraud.
Later, France gave consent to extradition of Ablyazov to Russia. The lawyer informed that on September 17 the French Prime Minister Manuel Valls signed a decree ordering extradition of Ablyazov.