Article 11. Preventive control without visiting the subject of control The Law on the Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan

Home / RLA / Article 11. Preventive control without visiting the subject of control The Law on the Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan

1. The objectives of preventive control without visiting the subject of control are the timely suppression, prevention of violations and granting the right to independently eliminate violations identified by the authorized body by the subject of control.

The subject of control is the financial manager.

2. The method of conducting preventive control without visiting the subject of control is to compare data obtained on the basis of studying and analyzing the reports submitted by the subject of control, information from authorized state bodies, as well as information obtained from state information systems and electronic information resources, and other documents and information about the activities of the subject of control.

3. If violations are detected based on the results of preventive control without visiting the subject of control, a notification is sent in the form established by the authorized body, no later than five working days from the date of detection of violations, with a mandatory explanation to the subject of control of the procedure for their elimination.

The notification must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

A notification sent by one of the following methods is considered served in the following cases::

1) on purpose – from the date of the mark in the notification of receipt;

2) by electronic means:

from the date of sending by the authorized body to the e-mail address of the financial manager specified in the notice of commencement of activity or change of data in the authorized body;

from the date of delivery of the notification by the authorized body via the authorized body's Internet resource and/or a special mobile application.

This method applies to control subjects who interact with the authorized body electronically in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature and (or) using a special mobile application.

4. The notification of the elimination of violations identified by the results of preventive control without visiting the subject of control must be executed within ten working days from the day following the day of its delivery.

5. In case of disagreement with the violations specified in the notification, the control entity has the right to send an objection to the authorized body within five working days from the day following the day of delivery of the notification.

6. Failure to comply with the notification on the elimination of violations identified by the results of preventive control without visiting the subject of control within the prescribed period entails the appointment of preventive control with a visit to the subject of control by including in the semi-annual list of preventive control with a visit to the subject of control.

7. Preventive monitoring without visiting the subject of control is carried out quarterly.

This Law regulates public relations arising in the event of the insolvency of a citizen of the Republic of Kazakhstan, establishes the grounds for the application of the procedure for restoring solvency, as well as the procedures for out-of-court and judicial bankruptcy, the procedure and conditions for their conduct.

President

Republic of Kazakhstan

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