Article 11. Monitoring and analysis of information to counter illegal acquisition, withdrawal and return of assets The Law on the Return of Illegally Acquired Assets to the State
1. Monitoring and analysis of information to counteract the illegal acquisition, withdrawal and return of assets, aimed at searching, collecting, processing, summarizing, evaluating incoming information on illegally withdrawn assets, shall be carried out by the authorized asset recovery body in order to determine:
1) the circle of persons involved in the scheme of illegal withdrawal of assets, as well as the circle of affiliated and other persons;
2) the total amount of assets of persons to be included in the register;
3) signs and circumstances of the illegal acquisition of assets, including their withdrawal from the Republic of Kazakhstan;
4) the reasons, conditions and circumstances of the concentration of economic resources in the relevant market of goods, works or services;
5) other information necessary to prepare asset recovery strategies.
The rules for monitoring and analyzing information to counter illegal acquisition, withdrawal and return of assets are approved by the Prosecutor General of the Republic of Kazakhstan.
2. Sources of information for monitoring and analysis in order to further include a person in the register are any sources of information not prohibited by the legislation of the Republic of Kazakhstan.
The total amount of assets of a subject and (or) persons affiliated with it is determined on the basis of any available sources of information during the period when the assets were or were allegedly owned, used, owned and (or) controlled by a person (group of persons).
3. During the monitoring and analysis of information, the authorized asset recovery body has the right to demand additional information from subjects and (or) their affiliated persons, state, local representative and executive bodies, local governments and other organizations, regardless of their forms of ownership, initiate a review of the legality of the sources of acquisition (origin) of assets and other measures.
4. The results of the information analysis may be the basis for conducting inspections by government agencies, as well as for creating a registry.
This Law, in the interests of current and future generations of Kazakhstanis, regulates public relations to identify and return illegally acquired assets to the state (hereinafter referred to as asset recovery) in order to restore the violated rights of the people of Kazakhstan, ensure the rule of law, social justice, and sustainable economic and social development of Kazakhstan for the benefit of its people.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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