Article 58-2. The procedure for State control carried out by the territorial bodies of internal affairs of the Law on Migration of the Population

Home / Laws / Article 58-2. The procedure for State control carried out by the territorial bodies of internal affairs of the Law on Migration of the Population

1. State control is carried out in the form of unscheduled inspections.

2. The grounds for an unscheduled inspection (hereinafter referred to as the inspection), appointed by the head of the territorial body of internal affairs, are:

1) appeals of individuals and legal entities on specific facts and circumstances indicating the illegal stay of foreigners, stateless persons, as well as citizens of the Republic of Kazakhstan who violate the legislation of the Republic of Kazakhstan in the field of population migration;

2) the prosecutor's demands;

3) appeals from state bodies on specific facts and circumstances indicating the illegal stay of foreigners, stateless persons, as well as citizens of the Republic of Kazakhstan who violate the legislation of the Republic of Kazakhstan in the field of population migration;

4) instructions from the body of criminal prosecution on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.

3. The official (officials) of the territorial bodies of internal affairs during the inspection has (have) right:

1) to obtain unhindered access to the territory and premises of the subject (object) of control in accordance with the subject of verification upon presentation of the documents specified in paragraph 7 of this Article;

2) receive documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the audit, as well as access to automated databases (digital systems) in accordance with the subject of the audit and in compliance with the requirements on state secrets and other secrets protected by the law of the Republic of Kazakhstan;

3) to carry out audio, photo and video shooting;

4) involve specialists, consultants and experts from government agencies, subordinate and other organizations.

4. An official (officials) of the territorial bodies of internal affairs, when conducting an inspection, must:

1) comply with the legislation of the Republic of Kazakhstan, the rights and legitimate interests of the audited entity;

2) not to interfere with the established mode of operation of the inspected entity during the inspection period;

3) not to prevent the inspected entity or its authorized representative from being present during the inspection, to provide explanations on issues related to the subject of the inspection;

4) provide the audited entity or its authorized representative with the necessary information related to the subject of the audit.

5. The subjects of control or their authorized representatives during the audit have the right:

1) not to allow an official (officials) of the territorial police authorities who arrived (arrived) to conduct an inspection, in the following cases::

exceeding or expiration of the time limits specified in the act on the appointment of an inspection that do not correspond to the time limits established by this Law;

absence of documents provided for in paragraph 7 of this Article;

instructions for conducting an audit to persons who do not have the appropriate authority to do so;

instructions in one act on the appointment of an inspection of several control entities subject to inspection;

extending the verification period beyond the period established by this Law;

the appointment of an audit of a control entity, in respect of which an audit was previously conducted on the same issue for the same period;

verification assignments for the period beyond the time period specified in the application (message);

2) not to submit documents and information if they do not relate to the subject of the audit;

3) involve third parties to participate in the inspection in order to represent the rights and legitimate interests, as well as to record the inspection process by third parties, as well as individual actions of an official (officials) of territorial internal affairs bodies conducted by him (them) as part of the inspection using audio and video equipment, without creating obstacles to the activity of the official(s);

4) appeal the act on the results of the audit in accordance with the procedure established by the laws of the Republic of Kazakhstan.

6. Representatives of the subjects of control during the audit are obliged to:

1) to ensure unhindered access of the official (officials) of the territorial police bodies to the territory and premises of the subject of control;

2) in compliance with the requirements stipulated by the legislation of the Republic of Kazakhstan and in accordance with the subject of the audit, submit to the official (officials) of the territorial police authorities documents (information) on paper and electronic media or copies thereof for attachment to the act on the results of the audit;

3) make a note of receipt on the second copy of the inspection results report on the day of the end of the inspection;

4) to prevent making changes and additions to the documents (information) being checked by the subjects of control during the inspection period;

5) to ensure the safety of persons arriving for inspection from harmful and dangerous industrial factors in accordance with the standards established for this facility.

7. The inspection is carried out on the basis of the inspection appointment act.

The act on the appointment of an inspection is drawn up in two copies.

One copy of the act on the appointment of an audit is provided to the audited entity, the second one after the start of the audit is sent to the authorized body in the field of legal statistics and special accounting.

The act on the appointment of the inspection shall specify:

1) the date and number of registration in the register of acts on the appointment of inspections;

2) the name of the territorial body of internal affairs;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;

4) information about specialists, consultants, and experts from government agencies, subordinate organizations, and other organizations involved in the audit;

5) the name of the control entity, its location, identification number, and the list of control objects.

In the case of an inspection of a branch and (or) representative office of a legal entity, its name and location are indicated in the act on the appointment of the inspection.;

6) the subject of verification;

7) the deadline for the audit;

8) the period under review;

9) the grounds for conducting the audit;

10) the rights and obligations of the subject of control provided for in paragraph 4 of this Article;

11) the signature of the head of the legal entity or his authorized person, an individual on receipt or refusal to receive an act on the appointment of an audit;

12) the signature of the person authorized to sign the acts and the seal of the territorial body of internal affairs.

An act on the appointment of an audit in the form determined by the authorized body in the field of legal statistics and special accounting is recorded in the register of acts on the appointment of inspections.

When carrying out state control, the act on the appointment of an audit is subject to registration with the authorized body in the field of legal statistics and special accounting within the next working day after the start of the audit, while notifying the subject of control of the start of the audit is not required.

8. During the inspection, the official (officials) of the territorial body of internal affairs shall be obliged to present to the subject of control:

1) an act on the appointment of an inspection;

2) official identification card or identification card.

9. The time limit for conducting an inspection is set taking into account the subject of the inspection, as well as the amount of work to be done, and should not exceed seven working days.

The verification period may be extended only once for no more than fifteen working days only if necessary.:

1) receiving information from the state bodies of the Republic of Kazakhstan;

2) establishing the location of the person in respect of whom the inspection is being conducted.

The extension of the inspection period is carried out by the decision of the head of the territorial police authority.

The extension of the inspection period is formalized by an additional act on the extension of the inspection period with notification to the control entity, which indicates the number and date of registration of the previous act on the appointment of the inspection and the reasons for the extension.

An additional act on the extension of the inspection period is recorded in the register of acts on the appointment of inspections with submission to the authorized body in the field of legal statistics and special accounting no later than one working day before the expiration of the inspection period specified in the act on the appointment of the inspection.

The notification of the extension of the inspection period is handed over to the subject of control by the territorial police authority one working day before the extension with the notification of delivery.

The suspension of verification is not allowed.

10. Based on the results of the inspection, an act on the results of the inspection is drawn up by the official (officials) of the territorial police authority.

The inspection results report states:

1) date, time and place of drawing up the act;

2) the name of the territorial police authority;

3) the number and date of the inspection appointment act, on the basis of which the inspection was carried out;

4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

5) information about specialists, consultants and experts from government agencies, subordinate and other organizations involved in the audit;

6) the name of the control entity, its location, identification number, list of control objects;

7) the deadline for the audit;

8) information about the results of the audit, including the identified violations and their nature;

9) information on familiarization or refusal to familiarize with the act on the results of the audit of the subject of control, as well as persons who were present during the audit, their signatures or a record of refusal to sign;

10) the signature of the official(s) who conducted the inspection.

If available, documents related to the results of the audit or copies thereof shall be attached to the act on the results of the audit.

11. The report on the results of the audit is drawn up in three copies.

The territorial police authority submits the first copy of the inspection results report in electronic form to the authorized body in the field of legal statistics and special accounting, the second copy on paper against signature or in electronic form is handed over to the subject of control (the head of a legal entity or its authorized person, an individual) for review and taking measures to eliminate the identified violations and There are no other actions, and the third remains with the territorial police authority.

If there are comments and (or) objections based on the results of the audit, the control entity (the head of the legal entity or his authorized person, an individual) sets them out in writing. Comments and (or) objections are attached to the act on the results of the audit, which is marked accordingly.

The territorial police authority must consider the comments and (or) objections of the subject of control (the head of a legal entity or its authorized person, an individual) to the act on the results of the inspection and within ten working days give a reasoned response on the measures taken.

Violation of the established deadline for consideration of such an application is decided in favor of the subject of control.

In case of refusal to accept the act on the results of the audit, a protocol is drawn up, which is signed by the official(s) carrying out the audit and the subject of control (the head of the legal entity or its authorized person, an individual).

The control entity has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.

12. If there are no violations of the requirements established by the legislation of the Republic of Kazakhstan in the field of population migration, a corresponding entry is made in the inspection report on the results of the inspection.

13. The end of the inspection period is considered to be the day when the inspection results report is handed over to the control entity no later than the deadline for the end of the inspection specified in the inspection appointment act or the additional act extending the inspection period.

14. If an administrative or criminal offense is detected as a result of the audit, measures provided for by the legislation of the Republic of Kazakhstan on administrative offenses or the criminal and criminal procedure legislation of the Republic of Kazakhstan are applied against the subject of control.

The Law of the Republic of Kazakhstan dated July 22, 2011 No. 477-IV.

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated June 24, 2026, No. 326-VIII SAM

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 7, 2026, No. 334-VIII SAM.

This Law regulates public relations in the field of population migration, defines the legal, economic and social foundations of migration processes.

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Republic of Kazakhstan

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