The Supreme Court upheld the sentence of the former officer of the Issyk-Ata Military Commissariat

Владислав Вислоцкий Exclusive
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The Supreme Court confirmed the decisions made regarding the former head of the 2nd department of the Issyk-Ata district military commissariat.

He has been placed under probation and given a three-year ban on holding positions in the Armed Forces of the Kyrgyz Republic.

According to the case materials, Aman [name changed A.Y.A.], while serving as the head of the 2nd department of the Issyk-Ata military commissariat and acting on the basis of an order from the General Staff dated July 22, 2021, committed a medium severity crime by abusing his official position.

The investigation established that in the course of executing the presidential decree dated August 8, 2022, "On Dismissal to Reserve," and according to the resolution of the Cabinet of Ministers dated August 30, 2022, the Ministry of Defense, together with local state administrations, was instructed to organize the conscription of citizens for mandatory military and alternative service in September-November 2022.

As a result, by the order of the Issyk-Ata district state administration dated October 3, 2022, a conscription commission was created, which did not include the head of the 2nd department, Aman.

Nevertheless, Aman, using his official position for selfish purposes, deceitfully took money from citizen R.A. In March 2022, he invited R.A. and her son to his office, stating the need to resolve the issue of conscription for alternative service and demanded 25,000 soms from her.

The woman, facing financial difficulties, requested a deferral, to which Aman, knowing her situation, agreed, but ultimately still took the money. Trusting him, she took a hard job and over four months made a total payment in three installments: 8,000 soms in March, 8,000 soms in April, and 9,000 soms in June 2022.

All funds were handed over to Aman in the premises of the Issyk-Ata military commissariat, resulting in significant material damage to the victim.

As a result, the investigation qualified Aman's actions as abuse of official position under part 2 of Article 337 of the Criminal Code, which implies the use of official position to the detriment of the interests of service for personal gain.

On June 21, 2024, the Issyk-Ata district court found Aman not guilty on one count but guilty under part 2 of Article 337 of the Criminal Code, imposing a sentence of 4 years of imprisonment with a three-year ban on holding positions in the Armed Forces.

However, according to the law "On Amnesty in Connection with the 30th Anniversary of the Constitution," adopted on February 9, 2024, Aman was released from imprisonment, while the ban on holding positions in the Armed Forces remained in effect.

The preventive measure in the form of a written undertaking not to leave was maintained but was later revoked after the sentence came into legal force.

On October 29, 2024, the judicial panel on criminal cases of the Chui regional court upheld the sentence of the Issyk-Ata district court, rejecting the appeal.

The lawyer filed a cassation appeal to the Supreme Court, demanding the annulment of the court decisions in the case of R.A. and a retrial, citing insufficient assessment of the circumstances of the crime and lack of evidence regarding the transfer of money.

On December 15, 2025, the Supreme Court upheld the sentences of the lower courts, rejecting the cassation appeal. This decision is final and not subject to appeal.
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