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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 21, 2014 No. 1219

About approval of Rules of acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address of pledge to the income of the state

(as amended on 14-04-2022)

According to Article 145 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address of pledge to the income of the state.

2. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of November 21, 2014 No. 1219

Rules of acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address of pledge to the income of the state

Chapter 1. General provisions

1. These rules of acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address of pledge to the income of the state (further - Rules) are developed according to Article 145 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure) and determine procedure for acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address of pledge to the income of the state.

2. In these rules the following concepts are applied:

1) pledge - measure of restraint which consists in introduction by the suspect the person accused, the defendant or other person on the deposit of court of money, or in the body conducting criminal procedure, values of the personal and real estate accepted in ensuring accomplishment by the suspect, person accused, defendant of obligations on appearance to person performing pre-judicial investigation to the prosecutor or on them I will subpoena, and also for the purpose of the prevention of making of new intentional criminal offenses by them;

The pledger - the suspect, the person accused, the defendant or other capable physical or non-state legal entity who posted bail for ensuring accomplishment by the suspect, person accused, defendant of obligations on appearance to person performing pre-judicial investigation to the prosecutor or on them I will subpoena 2);

3) the deposit of court - the account of temporary placement of money opened in territorial subdivision of treasury in ensuring obligation fulfillment on appearance;

4) values - the jewelry, antiques and other objects having special historical, scientific, art or cultural value.

Precious metals (gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in any condition and type) and gemstones belong to jewelry (natural diamonds, emeralds, rubies, sapphires and alexandrite, and also natural pearls in the crude (natural) and processed type). Unique amber educations are equated to gemstones.

3. As pledge can be accepted:

1) from real estate - the parcels of land, buildings, constructions and other property firmly connected with the earth that is objects which movement without disproportionate damage to their appointment is impossible;

2) from personal estate – money, values, vehicles and securities.

Chapter 2. Procedure for acceptance of pledge

4. The body conducting criminal procedure (further – body) which chose pledge as measure of restraint, checks the pledger before pronouncement of the resolution on initiation of the petition before court for making the sanction for application of this measure for accounting of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan regarding lack of data on recognition by its court incapacitated and is limited by capable.

If the legal entity acts as the pledger, the body checks him regarding registration on accounting of judicial authorities or The Government for Citizens State corporation.

5. Money as pledge is placed on the deposit of court on territoriality about what the territorial subdivision of authorized body performing organizational and material logistics of activities of local and other courts, issues the document confirming bail.

5-1. As pledge with the consent of the pledger other property which cost exceeds the maximum amount of pledge on the corresponding category of crime, according to part 3 of article 145 Code of Criminal Procedure can be provided.

5-2. Proof of value of pledge and lack of encumbrances are assigned to the pledger.

6. If necessary the documents determining the cost of mortgage property can be issued by authorized bodies or according to the procedure, established by the legislation on estimative activities of the Republic of Kazakhstan.

The cost of securities is determined according to the legislation on the security market at the time of bail.

7. The property as pledge is drawn up only if the ban on transactions with it is not imposed and person who offered it produces the evidence (documents) confirming the property right to this property.

The property which is in joint property is accepted as pledge in the presence of notarial written consent of the co-owner (co-owners).

8. By transfer to pledge of securities the pledger also represents the data containing in the National register of business and identification numbers from tax authorities that the issuer of securities is not in process of liquidation and did not stop the activities.

9. The protocol on acceptance of pledge joins case papers, and the pledger is handed the verified copy of the protocol. If it is several pledgers, then the copy of the protocol certified by the official is handed to each of them.

10. After acceptance of subject of pledge, the last is given to storage.

Chapter 3. Procedure for storage of pledge

11. The term of obligations on the posted bail lasts from the moment of election of measure of restraint in the form of pledge before its cancellation or change throughout pre-judicial investigation, judicial review, and also the introduction of sentence, the court order in legal force.

12. Objects of pledge are stored in the following procedure:

1) money - on the deposit of court;

2) real estate - in the location of object;

3) the antiques and other objects having special historical, art or cultural value, the requiring special storage conditions - in the museums, in other cases - in body;

4) cars, motorcycles and others transport (including floating and aircraft) means - on the special protected rooms, platforms or parking created according to the decision of local executive bodies and which are utility property;

5) securities – in body which accepted them as pledge, or banks of the second level;

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