On measures to implement the Law of the Republic of Kazakhstan "On the return of illegally acquired assets to the State"

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Decree of the President of the Republic of Kazakhstan dated October 5, 2023 No. 366.

In order to implement the Law of the Republic of Kazakhstan "On the return of illegally acquired assets to the State" and in accordance with subparagraph 3) I HEREBY DECREE paragraph 2 of Article 17-1 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan":

1. To establish a republican state institution, the Committee for Asset Recovery of the Prosecutor General's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee).

2. Approve the attached documents:

1) excluded by Decree of the President of the Republic of Kazakhstan dated December 17, 2025 No. 1125.

2) amendments and additions to some decrees of the President of the Republic of Kazakhstan.

The footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 12/17/2025 No. 1125.

3. The Prosecutor General's Office of the Republic of Kazakhstan, together with the Government of the Republic of Kazakhstan and interested state bodies, in accordance with the procedure established by law, take other measures arising from this Decree.

4. To invalidate the Decree of the President of the Republic of Kazakhstan dated June 5, 2022 No. 908 "On the Interdepartmental Commission on combating illegal concentration of economic resources".

5. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.

6. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on October 5, 2023 No. 366

REGULATIONS on the Asset Recovery Committee of the General Prosecutor's Office of the Republic of Kazakhstan

The footnote. The provision was excluded by the Decree of the President of the Republic of Kazakhstan dated December 17, 2025 No. 1125.

Approved by Decree of the President of the Republic of Kazakhstan on October 5, 2023 No. 366

Amendments and additions to some decrees of the President of the Republic of Kazakhstan

1. In the Decree of the President of the Republic of Kazakhstan dated January 22, 1999 No. 29 "On measures for further optimization of the system of State bodies of the Republic of Kazakhstan":

Annex 2 to the above-mentioned Decree should be worded as follows:

"APPENDIX 2 to the Decree of the President of the Republic of Kazakhstan dated January 22, 1999 No. 29

TOTAL STAFFING of the Prosecutor's Office of the Republic of Kazakhstan

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The Prosecutor's Office of the Republic of Kazakhstan, including: The Prosecutor General's Office, the Academy of Law Enforcement Agencies, prosecutor's offices, the Committee on Legal Statistics and Special Accounts, territorial and equivalent bodies of the Committee on Legal Statistics and Special Accounts, the Committee on Asset Recovery

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2. For official use.

3. In the Decree of the President of the Republic of Kazakhstan dated October 13, 2017 No. 563 "On certain issues of the Prosecutor's Office of the Republic of Kazakhstan":

in the Regulation on the Prosecutor General's Office of the Republic of Kazakhstan, approved by the above-mentioned Decree:

Paragraphs 1 and 2 should be worded as follows:

"1. The State Institution "Prosecutor General's Office of the Republic of Kazakhstan" (hereinafter referred to as the Prosecutor General's Office) is a law enforcement state body directly accountable to the President of the Republic of Kazakhstan, exercising its powers independently of other state bodies and officials.

The Prosecutor General's Office manages the unified centralized system of the Prosecutor's Office of the Republic of Kazakhstan (hereinafter referred to as the system of prosecutor's offices), carries out on behalf of the State, within the limits and forms established by law, supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan, represents the interests of the State in court and carries out criminal prosecution on behalf of the State.

The unified centralized system of prosecutor's offices is formed by the Prosecutor General's Office, its subordinate departments, the educational organization, the military prosecutor's office and the transport Prosecutor's Office, the prosecutor's office of regions and equivalent prosecutor's offices (cities of republican significance and the capital), district and equivalent (urban, inter-district, as well as specialized) prosecutor's offices.

2. The Prosecutor General's Office has departments – the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee on Legal Statistics and Special Accounts) and the Committee on Asset Recovery of the Prosecutor General's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee on Asset Recovery).";

Subparagraph 1) of paragraph 14 should be worded as follows:

"1) rights:

to organize and coordinate the activities of the prosecutor's office within the limits of their assigned functions and powers in order to ensure the effective performance of functions by the prosecutor's office;

to analyze the practice of supervision over the application of laws, the state of legality, including the use of information contained in information systems integrated with the information exchange system of law enforcement, special state and other bodies;

represent the interests of the state in the competent authorities of foreign states and international organizations on issues of criminal prosecution, identification and return of illegally acquired assets to the state (hereinafter referred to as asset recovery), in foreign and international courts (arbitrations) on issues within the competence of the prosecutor's office;

conclude international agreements, coordinate draft international agreements in the criminal law and asset recovery areas;

to interact with the bodies carrying out operational-search, counterintelligence activities, pre-trial investigation, including secret investigative actions, within the limits established by the legislation of the Republic of Kazakhstan;

to verify compliance with the rule of law, analyze the state of legality, and evaluate acts that have entered into force;

to verify the legality of the sources of acquisition (origin) of the asset, monitor and analyze information to counter illegal acquisition, asset withdrawal and return;

to submit acts of the Prosecutor's Office in accordance with the procedure determined by the Constitutional Law and other laws of the Republic of Kazakhstan, as well as by the Prosecutor General.;

to challenge legal acts of the Government of the Republic of Kazakhstan, other state, local representative and executive bodies, local self-government bodies, institutions and their officials that contradict the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan, within the limits established by the laws of the Republic of Kazakhstan;

to protest acts of organizations contrary to the Constitution of the Republic of Kazakhstan, laws of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan, regardless of their forms of ownership, if these acts relate to persons who, due to their physiological characteristics, mental disabilities, and other circumstances, cannot independently protect their rights, minors, and unlimited circle of persons, within the limits established by the laws of the Republic of Kazakhstan;

to bring a petition to a higher court for the review of a judicial act that has not entered into legal force;

to demand the immediate lifting of prohibitive or restrictive measures, the suspension in whole or in part of the illegal act, if there are grounds and in accordance with the procedure provided for by the law of the Republic of Kazakhstan.;

appoint expert examinations, require authorized bodies to conduct inspections based on materials and appeals held by the prosecutor's office, and oblige them to report their results.;

involve specialists from other bodies and organizations to participate in checking compliance with the rule of law and giving an opinion;

in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan, involve employees of other law enforcement agencies in checking compliance with the rule of law to ensure security and supervisory activities.;

to summon and receive explanations from officials, individuals and representatives of legal entities on issues related to the ongoing verification of compliance with the rule of law, analysis of the state of legality, assessment of acts that have entered into force, and the appeal under consideration;

in compliance with the procedure established by the legislation of the Republic of Kazakhstan, to request and receive information, materials and documents, as well as criminal, civil, administrative, cases of administrative offenses and enforcement proceedings, on issues related to the ongoing verification of legality, analysis of the state of legality, assessment of acts that have entered into force, as well as consideration of appeals.;

in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to obtain access to information, information and documents, criminal, civil, administrative cases, cases of administrative offenses, enforcement proceedings and other materials, as well as to information systems and resources of law enforcement and other government agencies and organizations in compliance with the requirements for the protection of personal data and other legally protected secrets.;

in compliance with the requirements established by the legislation of the Republic of Kazakhstan, use technical means of fixation during the implementation of supervisory activities.;

to give instructions on issues of pre-trial investigation, operational investigative activities and secret investigative actions, mandatory for execution by heads and employees of bodies conducting pre-trial investigation, operational investigative activities, secret investigative actions;

to check the legality of the delivery and detention of persons on suspicion of committing criminal offenses, persons who have committed administrative offenses, as well as the procedure and conditions of detention of persons in custody or other restriction of freedom;

to bring a petition to a higher court for the review of a judicial act that has not entered into legal force;

appoint expert examinations, require authorized bodies to conduct inspections based on materials and appeals held by the prosecutor's office, and oblige them to report their results.;

involve specialists from other bodies and organizations to participate in checking compliance with the rule of law and giving an opinion;

in compliance with the requirements established by the legislation of the Republic of Kazakhstan, use technical means of fixation during the implementation of supervisory activities.;

to check the legality of acts, to cancel illegal decisions of the administration of institutions of the penal system affecting the legal status of persons in custody serving sentences in places of deprivation of liberty;

to consider the acts of the bodies of the penal enforcement system on the transfer of convicts to another institution in accordance with the penal enforcement legislation of the Republic of Kazakhstan;

to consider the petitions of the investigating authorities to choose a preventive measure against suspects in accordance with the criminal procedure legislation of the Republic of Kazakhstan.;

when exercising supervision, initiate operational search activities by bodies engaged in operational search activities.;

When exercising supervision, request and receive files of secret investigative actions, operational records, materials, documents, departmental regulatory legal acts, and other necessary information, with the exception of information about the identity of confidential assistants and full-time secret employees.;

in cases established by the laws of the Republic of Kazakhstan, to authorize the conduct of operational search and counterintelligence activities, to verify compliance with the legality of special operational search activities, including on the communications network.;

When carrying out supervision, involve specialists from the prosecutor's office and other specialists using special technical means in order to identify and suppress violations of the rule of law in the course of operational investigative activities in accordance with the legislation of the Republic of Kazakhstan on operational investigative activities.;

require the heads of bodies engaged in operational investigative activities to conduct inspections in their subordinate bodies in order to eliminate violations of the rule of law.;

initiate and terminate proceedings on an administrative offense case;

verify the legality of the discharge and enforcement of enforcement documents;

Coordinate and implement international legal cooperation activities for asset recovery;

to execute international treaties on the extradition of persons, mutual legal assistance in criminal matters, in cases of asset recovery, transfer of convicted persons or persons suffering from mental disorders (diseases), as well as related legal acts, to coordinate draft international treaties in the criminal law field within the competence of the prosecutor's office;

to exercise other rights stipulated by the Constitutional Law and other laws of the Republic of Kazakhstan;";

in paragraph 15:

add subparagraph 3-1) as follows:

"3-1) identification and return of illegally acquired assets to the State;";

Sub-paragraphs 5), 6) and 7) should be worded as follows:

"5) representing the interests of the state in the competent authorities of foreign states and international organizations on issues of criminal prosecution, asset recovery, in foreign and international courts (arbitrations) on issues within the competence of the prosecutor's office, including the filing of civil lawsuits in foreign courts related to asset recovery;

6) in accordance with the procedure established by law, the conclusion of international treaties of the Republic of Kazakhstan, the coordination of draft international treaties in the criminal law field and in the field of asset recovery;

7) participation in the development of draft international treaties of the Republic of Kazakhstan, coordination of draft international treaties in the criminal law field and in the field of asset recovery;";

Subparagraph 19) should be worded as follows:

"19) coordination and control of the turnover of weapons, ammunition and special equipment, organization of activities for mobilization training and departmental accounting in the bodies, departments, institutions and educational organizations of the Prosecutor's Office;";

subparagraph 41) should be worded as follows:

"41) ensuring the protection of the rights of audited entities, including private business entities, from illegal inspections, preventive control with visits to the subject (object) of control and supervision and other forms of state control, as well as supervision provided for by the laws of the Republic of Kazakhstan, during their registration with the Committee on Legal Statistics and Special Accounts;";

in paragraph 19:

subparagraph 4) should be worded as follows:

"4) submits proposals to the President of the Republic of Kazakhstan on the approval of the regulations of the departments of the Prosecutor's office;";

subparagraph 6) should be worded as follows:

"6) submits a submission to the President of the Republic of Kazakhstan on the appointment and dismissal of the first Deputy, Deputy Prosecutor General, and first heads of departments of the Prosecutor's office;";

Subparagraph 19) should be worded as follows:

"19) within the framework of the structure and staffing of the prosecutor's office approved by the President of the Republic of Kazakhstan, it forms, reorganizes and liquidates bodies of military and transport prosecutor's offices, regional prosecutor's offices and equivalent prosecutor's offices (cities of republican significance and the capital), district and equivalent (urban, inter-district, as well as specialized) prosecutor's offices, institutions of prosecutor's offices.

Submits to the President of the Republic of Kazakhstan a proposal on the formation, reorganization and liquidation of departments of the Prosecutor General's Office and the organization of education at the Prosecutor General's Office;";

Subparagraph 21) should be worded as follows:

"21) issues acts that are binding on all prosecutors and employees of bodies, departments, institutions and educational organizations of the prosecutor's office, repeals acts adopted in the system of prosecutor's offices;";

subparagraph 35) should be worded as follows:

"35) determines the procedure for the acquisition, accounting, storage, carrying, transfer, transportation of weapons, ammunition and special equipment in the bodies, departments, institutions and educational organizations of the Prosecutor's Office;";

Subparagraph 37) should be worded as follows:

"37) approves:

Rules of work of the Prosecutor General's Office;

The rules of procedure of the Board of the Prosecutor General's Office determine the composition of the Board;

Description of the symbols of the Prosecutor's Office;

regulations (charters) of state institutions and educational organizations of the Prosecutor's office system, with the exception of regulations approved by the President of the Republic of Kazakhstan;

structures and staff of structural divisions of departments, educational organizations, military and transport prosecutor's offices, prosecutor's offices of regions and equivalent prosecutor's offices (cities of republican significance and the capital), district and equivalent (urban, inter-district, and specialized) prosecutor's offices, as well as government agencies and other subordinate organizations included in the system of bodies Prosecutor's offices;

regulations on coordinating councils formed under the main military and transport prosecutor's offices, regional prosecutor's offices and equivalent prosecutor's offices (cities of republican significance and the capital);

the list of atypical positions of prosecutors of the prosecutor's office system, equated to the positions indicated in the Register of positions of prosecutors of the prosecutor's office system by category;

rules and deadlines for the organization of mentoring for persons entering law enforcement service for the first time in the Prosecutor's Office of the Republic of Kazakhstan;

methodology for assessing the results of staffing and the quality of work of the subjects of personnel policy of the prosecutor's office system;

the procedure and methods for determining professional competencies, key indicators, and calculating competitiveness indicators;

the procedure and terms of organization of mentoring for persons entering law enforcement service in the prosecutor's office for the first time;

description of service certificates, as well as the procedure for their issuance;

qualification requirements for the categories of positions of the Prosecutor's office system in coordination with the authorized body for civil service affairs;

qualification requirements for the categories of administrative public positions of the building "B" of the Prosecutor General's Office in coordination with the authorized body for civil service affairs;

methodology for evaluating the activities of administrative civil servants of the building "B" of the Prosecutor's office system;

the procedure for setting standards of work (algorithm, rules and requirements for the results of an employee's activity in a particular area of work) in the system of the Prosecutor's office;

the methodology of personnel forecasting in the system of the Prosecutor's office;

list of senior positions of the Prosecutor's office system;

the list of senior positions subject to rotation and the procedure for their movement in the system of the Prosecutor's office;

the list of senior positions to be filled on a competitive basis and the procedure for holding a competition for senior management positions in the prosecutor's office system;

the procedure for forming the personnel reserve, the qualification requirements for employees of the prosecutor's office system enrolled in the personnel reserve, and the procedure for working with the departmental database of employees enrolled in the personnel reserve of the prosecutor's office system;

the content and procedure of professional training, retraining and advanced training of employees of the prosecutor's office system;

the procedure for improving the professional level of prosecutors of the military Prosecutor's Office;

labor regulations in the system of the Prosecutor's Office;

the procedure for organizing educational, psychological and ideological work with the staff of the Prosecutor's office system;

the procedure and methodology for conducting annual sociological monitoring of the state of the moral and psychological climate in the units of the prosecutor's office system;

the procedure for establishing allowances for employees of the Prosecutor's office for special conditions of service, as well as other allowances and surcharges;

the procedure for assigning and making pension payments for seniority to employees who served in the system of prosecutor's offices (with the exception of military prosecutor's offices);

the procedure for the provision of public services provided by the Prosecutor's Office;

forms of legal statistics reports and instructions for their formation;

the procedure for maintaining, using, and storing special accounting information, with the exception of operational and departmental accounting;

forms of acts of state control, on the results of preventive control with a visit to the subject (object) of control and supervision and (or) inspection and instructions on the elimination of identified violations provided for by the Business Code of the Republic of Kazakhstan, with the exception of the act (notifications) on the appointment, results of inspections carried out by state revenue bodies;

the procedure for receiving and registering applications, reports or reports on criminal offenses, as well as the procedure for maintaining a Unified register of pre-trial investigations;

the procedure for maintaining the Unified Register of Administrative Proceedings;

the procedure for registration of acts on appointment, additional acts on extending the terms of preventive control with a visit to the subject (object) of control and supervision and (or) verification, refusal to register and cancellation, notifications of suspension, resumption, extension of the terms of preventive control with a visit to the subject (object) of control and supervision and (or) verification, changes in the composition of participants and the submission of information accounting documents on preventive control with a visit to the subject (object) of control and supervision and (or) verification and their results;

the procedure for registration and accounting of appeals received by state bodies, local governments, legal entities with one hundred percent state participation, as well as the maintenance of the Electronic Appeals information analytical system;

the procedure for the formation, use, storage, protection and destruction of information from the information exchange system of law enforcement, special state and other bodies, access to them;

the procedure and grounds for obtaining information by law enforcement, special state bodies of the Republic of Kazakhstan and military intelligence bodies of the Ministry of Defense of the Republic of Kazakhstan necessary for conducting secret investigative actions and operational search activities, as well as for solving other tasks assigned to them, from the information exchange system of law enforcement, special state and other bodies defined by joint regulatory legal acts The Prosecutor General's Office, The Minister of Defense of the Republic of Kazakhstan and the first heads of law enforcement and special state bodies of the Republic of Kazakhstan;

the procedure and grounds for obtaining information by other bodies necessary to solve the tasks assigned to them from the information exchange system of law enforcement, special state and other bodies defined by joint regulatory legal acts of the Prosecutor General and the first heads of other bodies;

instructions on the reception, issuance, familiarization, storage and destruction of terminated criminal cases by the archival work units of the Committee on Legal Statistics and Special Accounting;

the list of personal data necessary and sufficient for the performance of the tasks carried out by the prosecutor's office;

instructions on information and reference services for individuals and legal entities by bodies of legal statistics and special accounting;

the procedure for preparing and publishing annual information on countering illegal acquisition and withdrawal of assets, as well as systemic measures taken;

rules for monitoring and analyzing information to counter illegal acquisition, withdrawal of assets and their return;

rules for the appointment and verification of the legality of the sources of acquisition (origin) of the asset.";

in the List of State institutions under the jurisdiction of the Prosecutor General's Office and its departments:

The title should be worded as follows:

"List of State institutions under the jurisdiction of the Prosecutor General's Office and its departments";

Add subparagraph 1-1) to the section "Prosecutor General's Office" as follows:

"1-1) Republican State Institution "Committee for Asset Recovery of the Prosecutor General's Office";";

The list of positions of the prosecutor's office system to which class ranks are assigned, as well as the corresponding maximum class ranks approved by the above-mentioned Decree, should be set out in the wording in accordance with appendix 2 to these amendments and additions (marked "For official use").

4. For official use.

5. It's classified.

President

Republic of Kazakhstan

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