Article 5. Financial control The Law on State Audit and Financial Control

Home / RLA / Article 5. Financial control The Law on State Audit and Financial Control

1. Financial control is carried out by the state audit and financial control bodies within the competence established by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, by ensuring reimbursement to the budget, restoration by performing works, rendering services, supplying goods and (or) reflecting and (or) reducing accounting for the revealed amounts of violations, the execution of regulations and bringing to justice the perpetrators.

2. Financial control response measures are:

1) issuing a mandatory instruction for all government agencies, organizations and officials to eliminate the identified violations and to consider the responsibility of the persons who committed them;

2) initiation of administrative proceedings within the competence provided for by the legislation of the Republic of Kazakhstan on administrative offenses;

3) when identifying signs of administrative offenses in the actions of officials of the state audit facility, transfer materials with appropriate audit evidence to the authorities authorized to initiate and (or) consider cases of administrative offenses.;

3-1) in case of non-fulfillment or improper fulfillment of an order by an object of state audit, the transfer of materials with signs of a criminal offense with appropriate audit evidence from the state audit and financial control authority for making a procedural decision to the criminal prosecution authorities is carried out through the prosecutor's office.

When appealing against the results of the state audit and financial control by the object of the state audit, business entities and other persons whose interests are affected by the audit activities, the transfer of materials with signs of a criminal offense with appropriate audit evidence for making a procedural decision to the prosecution authorities is carried out through the prosecutor's office after compliance with the appeal and (or) judicial dispute settlement procedure.;

4) filing a claim in court in accordance with the legislation of the Republic of Kazakhstan, including in order to ensure reimbursement to the budget, restoration through the performance of work, provision of services, delivery of goods and (or) reflection and (or) reduction in accounting of the revealed amounts of violations that were not reimbursed (not restored) on a voluntary basis, and execution of the prescription.

3. When identifying signs of criminal or administrative offenses in the actions of officials of the state audit facility, the internal audit services take response measures to transfer materials with appropriate audit evidence to the criminal prosecution authorities or bodies authorized to initiate and (or) consider cases of administrative offenses.

The Law of the Republic of Kazakhstan dated November 12, 2015 No. 392-V SAM.

This Law regulates public relations related to state audit and financial control, defines the powers and organization of activities of state audit and financial control bodies.

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Republic of Kazakhstan

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