Article 20. Verification of the legality of the sources of acquisition (origin) of the asset of the Law On the Return of Illegally Acquired Assets to the State

Home / RLA / Article 20. Verification of the legality of the sources of acquisition (origin) of the asset of the Law On the Return of Illegally Acquired Assets to the State

1. Verification of the legality of the sources of acquisition (origin) of an asset, conducted by the authorized asset recovery body, is carried out by decision of its head.

The authorized asset recovery body verifies the legality of the sources of acquisition (origin) of the asset, aimed at investigating the legality of the sources of acquisition (origin) of the asset.

2. Verification of the legality of the sources of acquisition (origin) of the asset is carried out in relation to the asset of the entity and (or) its affiliated persons falling within the scope of this Law.

3. A resolution is issued to verify the legality of the sources of acquisition (origin) of an asset, which is registered with the Office of the Prosecutor's Office in the field of state legal statistics and special accounting.

Verification of the legality of the sources of acquisition (origin) of the asset is carried out within no more than sixty working days.

If it is necessary to request additional materials, the deadline for verifying the legality of the sources of acquisition (origin) of the asset may be extended by no more than sixty working days.

Verification of the legality of the sources of acquisition (origin) of an asset may be suspended in cases of appointment of an expert examination, other counter-verification of other assets, as well as if it is necessary to obtain information and documents from foreign countries and in other cases that impede the verification.

The calculation of the period for the suspended verification of the legality of the sources of acquisition (origin) of the asset continues from the date of its resumption.

4. When verifying the legality of the sources of acquisition (origin) of an asset, the authorized asset recovery body may not:

1) require the provision of documents and information if they do not relate to the subject of verification of the legality of the sources of acquisition (origin) of the asset;

2) exceed the established time limits for verifying the legality of the sources of acquisition (origin) of the asset;

3) to interfere with the normal functioning of the asset under review, except in cases that pose a threat to the rule of law and public order, socio-economic stability in the region, the constitutional order and national security of the Republic of Kazakhstan, as well as threatening irreversible consequences for human life and health.

The rules for the appointment and verification of the legality of the sources of acquisition (origin) of an asset are approved by the Prosecutor General of the Republic of Kazakhstan.

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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