Article 19-4. International cooperation between law enforcement and special state bodies of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as the search, seizure, confiscation and return of money and (or) other property The Law on Countering the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction

Home / Laws / Article 19-4. International cooperation between law enforcement and special state bodies of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as the search, seizure, confiscation and return of money and (or) other property The Law on Countering the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction

Article 19-4. International cooperation between law enforcement and special state bodies of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as the search, seizure, confiscation and return of money and (or) other property The Law on Countering the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction

1. Law enforcement and special state bodies of the Republic of Kazakhstan, in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as the search, arrest, confiscation and return of money and (or) other property obtained by criminal means, carry out international cooperation in conducting operational investigative activities, pre-trial investigation, trial and execution of a judicial act, including the exchange of information with the relevant authorities of foreign States.

2. International cooperation of law enforcement and special state bodies of the Republic of Kazakhstan, within the limits of their powers and within the limits provided for by the criminal procedure legislation of the Republic of Kazakhstan, with the relevant authorities of foreign states may be carried out in the following forms::

1) request and receive information, information and documents held by law enforcement and special state bodies of the Republic of Kazakhstan or accessible to them, if there are sufficient grounds to believe that the information is related to the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as for the purposes of search, seizure, confiscation and return of money and (or) other property obtained by criminal means;

2) assistance in the search, seizure, confiscation and return of money and (or) other property, identification, suppression and investigation of the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction, as well as the identification of individuals or legal entities involved in these acts;

3) conducting investigative actions to carry out a pre-trial investigation and obtain information on behalf of and at the request of the relevant authority of a foreign state in accordance with the legislation of the Republic of Kazakhstan;

4) the formation of investigative teams to conduct joint international investigations, as well as interdepartmental working groups for the search, arrest, confiscation and return of money and (or) other property.

2-1. Law enforcement and special state bodies of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan that have sent a request ensure the confidentiality of the information, information and documents provided and use them only for the purposes specified in the request.

3. Mutual legal assistance in conducting operational investigative activities, pre-trial investigation, judicial proceedings and execution of a judicial act, including the search, arrest, confiscation and return of money and (or) other property in criminal cases related to the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction destruction is carried out in accordance with the criminal procedure legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

4. Confiscation of money and (or) other property is carried out on the basis of a judicial act of the Republic of Kazakhstan in accordance with the procedure established by the criminal procedure and penal enforcement legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

5. Upon receipt of a request for the confiscation of money and (or) other property, law enforcement and special state bodies of the Republic of Kazakhstan, within their competence, take all possible measures to ensure the search and arrest.:

1) criminal proceeds, instruments of crime;

2) money and (or) other property that has been transferred or converted into criminal proceeds;

3) money and (or) other property obtained from legitimate sources, if the income was mixed in whole or in part with such money and (or) other property, in the amount of the value of the mixed income;

4) profit or other benefit received from income, money and (or) other property into which criminal proceeds have been transferred or transformed, or from funds or other property with which criminal proceeds are mixed, in the amount of the value of the mixed income in the same way and to the same extent as the income itself;

5) money and (or) other property used or intended to finance terrorist activities.

6. Law enforcement and special state bodies of the Republic of Kazakhstan inform in advance the competent authorities of foreign states that have sent a request about the possible cancellation of measures to ensure the confiscation of money and (or) other property.

7. Law enforcement and special state bodies of the Republic of Kazakhstan, which have received a request for the execution of a judicial act on the confiscation of money and (or) other property specified in paragraph 5 of this Article located in the territory of the Republic of Kazakhstan, shall carry out confiscation in accordance with the criminal procedure and penal enforcement legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

8. Law enforcement and special state bodies of the Republic of Kazakhstan shall send a request for procedural actions within three working days if they receive a notification from the authorized body that the competent authority of a foreign state has satisfied the request to suspend operations with money and (or) other property.

9. The Prosecutor General's Office of the Republic of Kazakhstan, after receiving a request from a law enforcement agency, a special state body of the Republic of Kazakhstan, or an authorized body for the confiscation of money and (or) other property located abroad, sends a request for the confiscation of money and (or) other property to the relevant authorities of a foreign state.

10. The authorized Body for asset Recovery is working to file civil lawsuits in foreign courts to establish the legal status or ownership of money and (or) other property withdrawn from the Republic of Kazakhstan.

11. The Prosecutor General's Office of the Republic of Kazakhstan, on the basis of a court decision that has entered into force or a petition from the Ministry of Justice of the Republic of Kazakhstan to establish ownership rights for money and (or) other property acquired in the territory of a foreign state using money withdrawn from the Republic of Kazakhstan, sends a request in accordance with the established procedure. on the return of money and (or) other property and determines the officials responsible for cooperation on the return of property.

12. The property is returned to the state budget of the Republic of Kazakhstan in the form of money in any currency.

13. Law enforcement and special state bodies of the Republic of Kazakhstan may deduct expenses incurred by state bodies of the Republic of Kazakhstan and private business entities during the search, seizure, confiscation and return of money and (or) other property, unless the relevant state bodies of the Republic of Kazakhstan and a foreign state agree otherwise.

14. Law enforcement and special state bodies of the Republic of Kazakhstan, the Ministry of Justice of the Republic of Kazakhstan may conclude international agreements in accordance with the legislation of the Republic of Kazakhstan and, in each specific case, agree on the division of money and (or) other property received as a result of confiscation, or money from the sale of confiscated property.

The Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV.

This Law defines the legal basis for countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, the legal relations of financial monitoring entities, the authorized body and other state bodies of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction., as well as mechanisms for the implementation of targeted financial sanctions, related to the prevention and prevention of terrorism and the financing of terrorism, and the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

Comment to Article 357. Illegal actions with respect to property subject to inventory or seizure or subject to confiscation of the Criminal Code of the Republic of Kazakhstan

Comment to Article 357. Illegal actions with respect to property subject to inventory or seizure or subject to confiscation of the Criminal Code of the Republic of Kazakhstan...