“you are number three on that list after a bank and private loans. This month (october) I had a a sergey [surgery] that was very expansive [expensive]. That’s why couldn’t pay you. by the end of november will be the payment and i will give it to A***** or whoever represents you here. Also I would like that person to write a note that she/he recieved an amount.”
I got this email from Nurgazy Nurgaziev on November 3, 2009. For a background to what happened, read about our story here.
Nurgazy’s expensive back surgery is not what is eyeopening. It is his view on a written contract, an understanding with a business partner and the rule of law in Kyrgyzstan.
We invested and own 45% of OcOO Trilight. Problems started soon afterwards. Nurgazy decided that we were no longer a shareholder. We never agreed to that. He then considered our investment to be an unsecured loan, ranking after bank and private loans. And he wrote this in an email. He is not afraid. A signed contract has no value to him. The Kyrgyz legal system is not a deterrent either.
Financial Police and its successor, State Service for Combating Economic Crimes (GSPEB) opened and closed investigations 4 times. We managed to get a criminal case opened. The case was suspended. We wrote to the President of Kyrgyzstan and got the suspension lifted. Currently a criminal case is open. Still not a deterrent. It is eye opening how he views the legal system.
I wonder what percentage of businessman in Kyrgyzstan have a similar perspective?
But it is not all bad news. There are many positives. We received support from many Government institutions. You can read more here. Our experience clearly shows that there are people in Government who want to see that things are done properly. This is promising. At the same time, there are many people who do not want to see things done properly.
Regarding Nurgazy’s back operation, we never received an update on how it went. I presume it went well. I hope so. He withheld payment to us to pay for his back operation.
Note: A criminal case is currently open. Opening of Criminal Case March 2018
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