Article 21. The rights and obligations of the entity and (or) its affiliated persons who own the asset, the legality of the sources of acquisition (origin) of which is the subject of verification by the Law On the Return of Illegally Acquired Assets to the State

Home / RLA / Article 21. The rights and obligations of the entity and (or) its affiliated persons who own the asset, the legality of the sources of acquisition (origin) of which is the subject of verification by the Law On the Return of Illegally Acquired Assets to the State

Article 21. The rights and obligations of the entity and (or) its affiliated persons who own the asset, the legality of the sources of acquisition (origin) of which is the subject of verification by the Law On the Return of Illegally Acquired Assets to the State

1. An entity and (or) its affiliated person who own an asset, the legality of the sources of acquisition (origin) of which is the subject of verification, or its authorized representatives, when carrying out verification by the authorized asset recovery body of the legality of the sources of acquisition (origin) of the asset, may:

1) to prevent persons who have arrived to verify the legality of the sources of acquisition (origin) of the asset from entering the facility in the following cases::

failure to submit a resolution on the appointment of an audit of the legality of the sources of acquisition (origin) of the asset in relation to the relevant asset;

checking the legality of the sources of acquisition (origin) of an asset without registration with the Office of the Prosecutor's Office in the field of state legal statistics and special accounting, when such registration is mandatory;

expiration of the time limits specified in Article 20 of this Law;

verification of the legality of the sources of acquisition (origin) of the asset by persons not specified in the resolution on the appointment of verification of the legality of the sources of acquisition (origin) of the asset;

2) not to provide information and documents unrelated to the subject of the ongoing verification of the legality of the sources of acquisition (origin) of the asset;

3) file a complaint against the resolution on the appointment of an audit of the legality of the sources of acquisition (origin) of the asset, as well as against decisions, acts, actions (inaction) of the authorized body for the return of assets and its officials in accordance with the procedure established by this Law.

2. The entity and (or) its affiliated person, who are the owners of the asset, the legality of the sources of acquisition (origin) of which is being verified, or its authorized representatives, when carrying out the verification of the legality of the sources of acquisition (origin) of the asset by the authorized body for asset recovery, are obliged to:

1) ensure unhindered access of officials of the authorized body for asset recovery to the territory and premises of the entity and (or) its affiliated entity, which is the owner of the asset, the legality of the sources of acquisition (origin) of which is being verified.

Access of officials of the authorized body for asset recovery and persons involved in the inspection to the territory and premises of high-security facilities is provided taking into account the established requirements for access and intra-facility regimes.;

2) to submit to the officials of the prosecutor's office documents (information) on paper and electronic media or copies thereof for attachment to the certificate of the results of the law enforcement check;

3) to get acquainted with and receive, against signature, a resolution on the appointment of an audit of the legality of the sources of acquisition (origin) of the asset and a certificate of its results;

4) in accordance with the requirements on occupational safety and health, provide the necessary conditions for persons who verify the legality of the sources of acquisition (origin) of the asset.

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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