Article 19. The procedure for reviewing the asset disclosure declaration and the information attached to it The Law on the Return of Illegally Acquired Assets to the State

Home / RLA / Article 19. The procedure for reviewing the asset disclosure declaration and the information attached to it The Law on the Return of Illegally Acquired Assets to the State

1. When reviewing the asset disclosure declaration and the information attached to it, the authorized asset recovery body has the right to request additional information from persons included in the register, initiate an audit, verify the legality of the sources of acquisition (origin) of assets, file lawsuits related to asset recovery, and take other measures.

In order to implement asset recovery measures provided for by the laws of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan, the authorized asset recovery body has the right to perform the actions specified in part one of paragraph 1 of this Article, regardless of the submission of an asset disclosure declaration.

Persons included in the register are entitled to provide a response to the request of the authorized body for asset recovery within twenty working days.

2. The period for consideration by the authorized asset recovery body of the asset disclosure declaration, as well as the materials attached to it and additionally submitted by the person (group of persons) included in the register, should not exceed six months from the date of their submission. The specified period is interrupted if:

1) the realization of procedural rights by participants in pre-trial proceedings;

2) sending additional requests to persons included in the register;

3) sending requests to authorized state, law enforcement and special government agencies;

4) conducting pre-trial investigations against a person (group of persons) included in the register;

5) initiating audits, inspections, revisions, filing claims related to the return of assets, as well as carrying out other activities related to requests for information, legal assistance and other special measures for interaction with foreign courts and authorized bodies, including those aimed at ensuring the return of assets;

6) checking the legality of the sources of acquisition (origin) of assets.

3. Based on the results of the review of the asset disclosure declaration and the information attached to it, the authorized asset recovery body submits the issue of further measures to the commission for consideration.

4. If, based on the results of the analysis of the asset disclosure declaration submitted by the entity, it is established that there are no grounds for reasonable doubts about the legality of the sources of acquisition (origin) of assets, or that the entity and (or) its affiliates do not meet the criteria provided for in paragraph 2 of Article 14 of this Law, the entity and (or) its affiliates they are subject to exclusion from the register after consideration of this issue by the commission.

The absence of grounds for reasonable doubt about the legality of the sources of acquisition (origin) of assets for the purposes of this article means that the value of assets owned by a person corresponds to the amount of legitimate income or other legitimate sources of covering the costs of acquiring such assets, including with respect to (up to) primary assets and with respect to (up to) primary assets. income (sources of cost coverage).

5. The Commission has the right to recommend to the authorized body for asset recovery to take one of the following measures::

1) to recognize the absence of grounds for applying to the court with a claim for the transfer of assets to the state income and exclude the entity from the register;

2) conclude an agreement on the voluntary return of assets (in the case of a corresponding request from the entity and (or) its affiliated persons, taking into account the consideration by the commission of the amount of returned assets and other conditions for voluntary return proposed in the draft agreement submitted to the commission);

3) additionally examine the declaration and the materials attached to it (with a request for information, information and documents, if necessary) and re-submit it for consideration by the commission;

4) to recognize the grounds as sufficient for applying to the court with a claim for the conversion of assets into state revenue.

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

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