ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of October 11, 2023 No. 186

About approval of Rules of appointment and conducting check of legality of sources of acquisition (origin) of asset

According to item 4 of article 20 of the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets", PRIKAZYVAYU:

1. Approve Rules of appointment and conducting check of legality of sources of acquisition (origin) of asset, according to appendix to this order.

2. To provide to service of international legal cooperation of the Prosecutor General's Office of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy attorney general of the Republic of Kazakhstan.

4. This order becomes effective on the expiration of ten calendar days after day of its official publication.

Appendix

to the Order of the Attorney-General of the Republic of Kazakhstan of October 11, 2023 No. 186

Rules of appointment and conducting check of legality of sources of acquisition (origin) of asset

Chapter 1. General provisions

1. These rules of appointment and conducting check of legality of sources of acquisition (origin) of asset (further - Rules) are developed according to item 4 of article 20 of the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets" (further - the Law) and determine procedure for appointment and conducting check of legality of sources of acquisition (origin) of asset.

2. In Rules the following terms are used:

1) assets - the property benefits and the rights (property) which are in the Republic of Kazakhstan and beyond its limits including any property benefits and the rights (property) taken (taken) of such property;

2) the file - set of the documents containing data following the results of the carried-out monitoring and the analysis and other measures for return of assets;

3) check - check of legality of sources of acquisition (origin) of asset.

Other terms are used in the value established in the Law and other regulatory legal acts of the Republic of Kazakhstan.

3. The purpose of check is the research of legality of sources of acquisition (origin) of asset, confirmation or confutation of the fact of illegal acquisition of asset.

Chapter 2. Procedure for purpose of check of legality of sources of acquisition (origin) for asset

4. The head of independent structural division of authorized body on return of assets, his deputy or persons fulfilling them duties can act as the official initiating check.

5. Check is performed according to the decision (resolution) of the head of authorized body on the return of assets or person fulfilling its duties accepted based on the official report of the official of the authorized body on return of assets initiating check or at the request of the Attorney-General of the Republic of Kazakhstan or the deputy attorney general of the Republic of Kazakhstan supervising work of authorized body on return of assets.

6. In the official report about purpose of check it is specified:

1) date, surname, name, middle name (in case of its availability) and position of person submitting the official report;

2) summary of the available materials on the subject and (or) his affiliates created as of date of submission of the official report;

3) assets of the subject and (or) its affiliate concerning which legality of acquisition conducting check is planned;

4) the check period which can include the time period, since primary origin of means on which the assets which are check subject were acquired;

5) term of conducting check.

7. As checking, including on the check appointed since October 11, 2023 officials of authorized body on return of assets, and also the staff of bodies of prosecutor's office of the Republic of Kazakhstan according to the procedure, determined by Item 16 of these rules act.

8. About conducting check of legality of sources of acquisition (origin) of asset the decree which is registered in department of bodies of prosecutor's office in the field of the state legal statistics and special accounting and (or) its territorial authorities is issued.

9. In the resolution on conducting check it is specified:

1) number and date of the resolution, surname, name, middle name (in case of its availability) the head of authorized body on return of assets or the person fulfilling its duties signing the resolution, the check bases;

2) data on asset concerning which check is appointed its location, the name of the subject and (or) its affiliates, and (or) under control of which is in property, use, ownership there (was) asset, the information about the head of the legal entity, business and identification number (individual identification number);

3) check subject with indication of the checked period;

4) surname, name middle name, position of person (persons) to which, (which) check, and the information about employees, specialists (workers) involved to it is charged;

5) term of conducting check;

6) the rights and obligations of the subject and (or) its affiliates, and (or) under control of which is in property, use, ownership there (was) asset concerning which legality of sources of acquisition check is appointed;

7) the signature of person, representative to sign the resolution.

10. The resolution on purpose of check is handed to the subject and (or) its affiliate, and (or) under control of which is in property, use, ownership there (was) asset, or to the head of the legal entity by means of information system on clerical work of authorized body on return of assets.

Chapter 3. Procedure for conducting check of legality of sources of acquisition (origin) for asset

11. It is performed concerning being in the Republic of Kazakhstan and beyond its limits of asset of the subject and (or) its affiliates falling under the Law coverage.

In relation to the face included in the register it is performed regardless of whether person exercised it the right on submission of the declaration on disclosure of assets.

12. It is performed only by those persons who are specified in the resolution on conducting check.

The list of persons performing the subject and the period of check can change (to be supplemented) according to the decision of the head of the authorized body on return of assets which appointed check or person fulfilling its duties.

13. The decision on change (amendment) of subject or the period of check is taken out:

in case of impossibility of assessment of legality of sources of acquisition (origin) of asset without change (amendment) of the list of the checked questions or the checked period;

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