On improving the public administration system in the field of investor rights protection and asset recovery
Decree of the President of the Republic of Kazakhstan dated December 17, 2025 No. 1125.
In accordance with subparagraph 6) of Article 46 of the Constitution of the Republic of Kazakhstan, subparagraphs 1) and 3) of paragraph 2 of Article 20 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan", I DECREE:
The footnote. The preamble is in the wording of the Decree of the President of the Republic of Kazakhstan dated 06/15/2026 No. 1315 (effective from 07/01/2026).
1. In order to increase the level of protection of investors' rights, the functions of the investment Ombudsman are performed by the Prosecutor General of the Republic of Kazakhstan.
2. Reorganize the republican state institution "Committee for Asset Recovery of the Prosecutor General's Office of the Republic of Kazakhstan" (hereinafter referred to as the Committee for Asset Recovery) by converting it into the republican State institution "Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan" (hereinafter referred to as the Committee for Asset Recovery). – Committee for the Protection of Investors' Rights) with the transfer to the Prosecutor General's Office of the Republic of Kazakhstan of the functions and powers of the reorganized Asset Recovery Committee provided for in Article 11-1 of the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office" and the Law of the Republic of Kazakhstan "On the Return of Illegally Acquired Assets to the State".
3. To designate the Prosecutor General's Office of the Republic of Kazakhstan as the legal successor to the rights and obligations of the Asset Recovery Committee within the limits of the transferred functions and powers.
4. Approve the attached documents:
1) Regulations on the Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan;
2) amendments and additions to some decrees of the President of the Republic of Kazakhstan.
5. The Government of the Republic of Kazakhstan, together with the Prosecutor General's Office of the Republic of Kazakhstan and interested state bodies, should ensure that other measures are taken to implement this Decree, including amendments and additions to relevant regulatory legal acts of the Republic of Kazakhstan.
6. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
7. 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 December 17, 2025 No. 1125
Regulations on the Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan
Chapter 1. General provisions
1. The Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee) is a department of the Prosecutor General's Office of the Republic of Kazakhstan that performs the functions and powers of the authorized state body for the protection of investors' rights.
2. The Committee carries out its activities in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office" (hereinafter referred to as the Constitutional Law), international treaties ratified by the Republic of Kazakhstan, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, this Regulation and other regulatory legal acts of the Republic of Kazakhstan.
3. The Committee is a legal entity in the organizational and legal form of a state institution, has seals and stamps with its name in Kazakh and other languages, letterheads of the established sample, in accordance with the legislation of the Republic of Kazakhstan, accounts with treasury bodies.
4. The Committee enters into civil law relations on its own behalf.
5. The Committee has the right to act as a party in civil law relations on behalf of the State, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.
6. The Committee on issues of its competence, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, makes decisions drawn up by orders of the Chairman of the Committee (hereinafter referred to as the Chairman) and other acts provided for by the legislation of the Republic of Kazakhstan.
7. The structure and the staff limit of the Committee are approved in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
8. Location of the Committee: 14 Mangilik El Avenue, Astana, 010000, Republic of Kazakhstan.
9. The full name of the Committee is the republican state institution "Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan".
10. These Regulations are the constituent document of the Committee.
11. The Committee's activities are financed from the republican budget.
12. If the laws of the Republic of Kazakhstan grant the Committee the right to carry out income-generating activities, the income received from such activities is directed to the state budget.
The footnote. Paragraph 12 as amended by Decree of the President of the Republic of Kazakhstan dated 07/01/2026 No. 1337.
Chapter 2. Tasks and powers of the Committee
13. Tasks:
1) exercising supreme supervision over the legality of investments and investment activities;
2) protection, suppression and prevention of violations of investors' rights;
3) identification and elimination of the causes and conditions contributing to the violation of investors' rights, as well as their consequences;
4) leadership and cross-industry coordination in the field of investor protection;
5) implementation of pre-trial dispute settlement with the participation of investors;
6) implementation of other tasks defined by the Constitutional Law, international treaties ratified by the Republic of Kazakhstan, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and these Regulations.
14. Powers:
1) rights:
to organize and coordinate the activities of investment prosecutors in the capital, regions, and cities of national significance within the scope of their assigned functions and tasks;
IZPI's note! The third paragraph of subparagraph 1) is provided for in the wording of the Decree of the President of the Republic of Kazakhstan dated 06/15/2026 No. 1315 (effective from 07/12/2026).
to analyze the practice of supervision over the application of the legislation of the Republic of Kazakhstan in the field of investments and investment activities, including using information contained in information systems integrated with the information exchange system of law enforcement, special state and other bodies, as well as in the National Digital Investment Platform;
to represent the interests of the state in the competent authorities of foreign states and international organizations on the protection of investors' rights;
participate in the development of projects of international agreements of the Republic of Kazakhstan in the field of investments and investment activities;
to interact with bodies engaged in operational investigative, counterintelligence activities, pre-trial investigation, including secret investigative actions against investors, government support and assistance to investors;
in cases and in accordance with the procedure provided for by the criminal procedure legislation of the Republic of Kazakhstan, to register documents and materials on a criminal offense in the Unified Register of Pre-Trial Investigations and the Register of Information;
to verify compliance with the rule of law, analyze the state of legality, evaluate acts that have entered into force, and consider appeals;
to monitor and analyze information on the observance of the rights and legitimate interests of investors and state support for investments;
to submit, in accordance with the procedure determined by the Constitutional Law and other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, as well as the Prosecutor General of the Republic of Kazakhstan (hereinafter referred to as the Prosecutor General), acts of the Prosecutor's Office;
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, 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 of their assigned functions and powers;
to protest acts of organizations that contradict 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, affecting the rights and interests of investors;
to bring a petition and protest to a higher court or body (official) for the revision of an act and decision affecting the rights of investors, in accordance with the procedure established by the civil procedure legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on administrative offenses, on administrative procedures and administrative proceedings;
to demand the immediate lifting of prohibitive or restrictive measures, the termination, suspension, in whole or in part, of an illegal act affecting the rights of investors;
appoint expert examinations, require authorized bodies to conduct inspections on materials in production, appeals, and oblige them to report their results.;
to involve scientists, experts, specialists, commercial and non-profit organizations, including foreign ones, to carry out activities aimed at fulfilling their assigned functions and powers;
in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan, involve employees of other law enforcement agencies in carrying out inspections 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;
to request and receive information from government agencies, individuals and legal entities on the protection of investors' rights;
To establish a commission for the pre-trial settlement of disputes between investors and government agencies, local executive bodies, institutions, and quasi-public sector entities in accordance with the procedure determined by the Prosecutor General.;
issue opinions based on the results of pre-trial dispute settlement between investors and government agencies, local executive bodies, institutions, and quasi-public sector entities;
apply to the court for the protection of investors' rights;
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, cases of administrative offenses, on issues related to the ongoing verification of legality, analysis of the state of legality, assessment of acts that have entered into force, consideration of appeals.;
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.;
IZPI's note! The twenty-fifth paragraph of subparagraph 1) is provided for in the wording of the Decree of the President of the Republic of Kazakhstan dated 06/15/2026 No. 1315 (effective from 07/12/2026).
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.;
provide binding regulations and instructions on the protection of investors' rights and the implementation of investment 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 administrative offenses related to violation of investors' rights;
verify the legality of the issuance and enforcement of executive documents related to investors;
coordinate and carry out activities on international legal cooperation in order to protect the rights of investors;
to supervise the legality of investment contracts, special investment contracts, agreements, contracts and other documents with the participation of investors on issues related to the implementation of investment projects;
to coordinate or refuse to coordinate acts, decisions, and actions of state and local executive bodies, quasi-public sector entities, their officials and persons equivalent to them on the appointment of an audit; initiation of cases of administrative offenses; filing lawsuits; refusal to sign an investment contract, investment agreement, or special investment contract; imposition of prohibitive measures;restrictive nature and the issuance of other administrative acts in relation to investors;
to participate in the court in civil cases provided for in part 1-2 of Article 27 of the Civil Procedure Code of the Republic of Kazakhstan;
to participate in the court in administrative cases provided for in Part 3 of Article 102 of the Administrative Procedural Code of the Republic of Kazakhstan;
participate in the court on cases of administrative offenses against investors;
monitor the fulfillment by state and local executive bodies, institutions, and quasi-public sector entities of obligations under agreements, contracts, and agreements concluded with investors;
to verify the completeness of government support measures provided to investors (including preferences), provision of infrastructure and land for the implementation of investment projects, execution of investment contracts, agreements, contracts;
to monitor the legality of the implementation of the "green corridor" for investors;
to supervise the legality of the implementation of investment projects from the pre-investment stage to the stage of completion of the investment project, as well as during the period of validity of preferences, contracts, agreements or agreements with the investor;
to monitor the legality of consideration by state and local executive bodies, institutions, and quasi-public sector entities of investor applications for investment preferences and government support measures;
participate in the work of government agencies and organizations on the pre-trial settlement of disputes between investors and government agencies, local executive bodies, institutions, and quasi-public sector entities and express their position on them within the scope of their assigned functions and tasks;
to form and maintain a register of systemic problems of investors in accordance with the procedure determined by the Prosecutor General.;
conclude memoranda (agreements) aimed at achieving the final results of activities in the field of investor rights protection with the heads of government agencies, local executive bodies, institutions, quasi-public sector entities and organizations, including international and foreign ones;
monitor the updating of the register of mandatory requirements for private business entities affecting the rights and legitimate interests of investors;
to exercise other rights determined by the Constitutional Law, international treaties ratified by the Republic of Kazakhstan, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and this Regulation;
2) responsibilities:
ensure the implementation of the tasks and functions assigned to the Committee;
to protect human and civil rights and freedoms, the legally protected interests of legal entities, society and the State by taking measures to eliminate violations of the rule of law;
to consider petitions for disagreement with judicial acts in cases involving investors in accordance with the procedure provided for by the procedural legislation of the Republic of Kazakhstan;
to supervise the legality of the implementation of investment projects, the execution of investment contracts, special investment contracts, agreements and contracts;
ensure the activities of the investment Ombudsman;
monitor the implementation of decisions of the Investment Attraction Council (Investment Headquarters) and regional investment headquarters;
to prevent actions (inaction) and the adoption of acts of the Prosecutor's Office that create unjustified obstacles to the realization of human and civil rights and freedoms, the legitimate interests of legal entities, society and the State;
to ensure the safety of documents, information and other information obtained in the course of their activities, in compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets and other legally protected secrets;
ensure compliance with ethical standards of conduct by Committee staff and investment prosecutors in the capital, regions, and cities of national significance;
to monitor the acceptance by employees and other employees of the Committee of restrictions related to their stay in law enforcement service and anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On Combating Corruption";
perform other duties stipulated by the Constitutional Law, international treaties ratified by the Republic of Kazakhstan, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and these Regulations.
The footnote. Paragraph 14 as amended by Decree of the President of the Republic of Kazakhstan dated 07/01/2026 No. 1337.
15. Functions:
1) in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law and other laws of the Republic of Kazakhstan, the exercise of supreme supervision over legality:
activities of state, local representative and executive bodies, local self-government bodies, institutions, their officials, and other organizations, regardless of their forms of ownership, as well as acts and decisions they adopt in the field of investments and investment activities;
judicial acts on cases affecting the rights and legitimate interests of investors;
enforcement proceedings affecting the rights and legitimate interests of investors;
proceedings on cases of administrative offenses against investors;
pre-trial investigation, criminal prosecution, operational-search and counterintelligence activities within the scope of assigned functions and tasks;
compliance with the international obligations of the Republic of Kazakhstan related to investment activities;
2) international cooperation in the field of investments and investment activities, including interaction with embassies and other foreign institutions of the Republic of Kazakhstan and foreign states, competent authorities of foreign states, international organizations, the Astana International Financial Center, investors and private business entities on the protection of investors' rights and investment activities, as well as the creation of a favorable investment and business climate;
3) representing the interests of the state in the competent authorities of foreign states and international organizations for the protection of investors' rights, in foreign and international courts (arbitrations) on issues within the competence of the Committee;
4) participation in the development of draft international treaties of the Republic of Kazakhstan, coordination of draft international treaties in the field of investments and investment activities;
5) ensuring interdepartmental interaction and coordination of the activities of law enforcement and other state and local executive bodies, organizations, and quasi-public sector entities in matters of investor rights protection;
6) ensuring the activities of the Investment Ombudsman;
7) organization of activities of investment prosecutors in the capital, regions, cities of national importance;
8) pre-trial settlement of disputes between investors and government agencies, local executive bodies, institutions, and quasi-public sector entities with the issuance of opinions;
9) organization of the activities of working groups and expert councils on the protection of investors' rights;
10) consideration of investor appeals;
11) conducting an audit of compliance with the rule of law in the field of investments and investment activities;
IZPI's note! Subparagraph 12) is provided for in the wording of the Decree of the President of the Republic of Kazakhstan dated 06/15/2026 No. 1315 (effective from 07/12/2026).
12) conducting an analysis of the state of legality in the field of investments and investment activities, including using access to information systems and resources integrated with the information exchange system of law enforcement, special state and other bodies;
13) conducting an assessment of acts that have entered into force by examining:
acts and decisions of the Government of the Republic of Kazakhstan, other state, local representative and executive bodies, local self-government bodies, institutions, quasi-public sector entities, and their officials;
acts and decisions of other organizations, regardless of the form of ownership, if these acts and decisions relate to the protection of investors' rights;
verdicts, decisions, resolutions and other acts of the court (judge), as well as criminal, civil, administrative and administrative cases involving the rights of investors;
14) monitoring and ensuring the coordination of actions of the prosecutor's office, as well as providing them with practical and methodological assistance in protecting the rights of investors;
IZPI's note! Subparagraph 15) is provided for in the wording of the Decree of the President of the Republic of Kazakhstan dated 06/15/2026 No. 1315 (effective from 07/12/2026).
15) monitoring the stages of implementation of investment projects, including through information systems;
16) participation in standard-setting activities in the field of investments and investment activities;
17) formation and maintenance of the register of systemic problems of investors;
18) supervising the legality of the conclusion and execution of investment contracts, contracts and agreements with investors, as well as the implementation of investment projects;
19) coordination of acts and decisions, actions of state bodies, local executive bodies and quasi-public sector entities in relation to investors within the limits established by the Constitutional Law, laws of the Republic of Kazakhstan, acts of the President and these Regulations;
20) supervision of the legality of the implementation of the "green corridor" for investors;
21) supervising the legality of the implementation of investment projects from the pre-investment stage to the completion stage of the investment project, as well as during the period of validity of preferences, contracts, agreements or agreements with the investor;
22) monitoring government agencies, local executive bodies, and quasi-public sector entities in terms of providing investors with government support, benefits, and preferences;
23) monitoring the implementation of decisions of the Investment Attraction Council (Investment Headquarters) and regional investment headquarters;
24) coordination and issuance of opinions on draft regulatory legal acts related to the tightening or introduction of new forms and means of state regulation of investment activities;
25) leadership, coordination, control, and coordination of actions of investment prosecutors, territorial prosecutor's offices, mobile groups, and regional front offices to provide legal advice and assistance in resolving problematic issues of investors;
26) interaction with the Commissioner for the Protection of the Rights of Entrepreneurs of the Republic of Kazakhstan, the National Chamber of Entrepreneurs "Atameken", the joint-stock company "National Company Kazakh Invest", state, local representative and executive bodies, local governments, institutions, their officials, quasi-public sector entities and other organizations, regardless of the form of ownership, and also with embassies and other foreign institutions of the Republic of Kazakhstan and foreign countries on the issues of, related to the competence of the Committee;
27) organization and conduct of professional development of the Committee's staff, investment prosecutors;
28) organization of professional service, physical and special training of the Committee's staff;
29) organization of interdepartmental scientific research in the field of investor rights protection, their coordination and monitoring;
30) performing other functions stipulated by the Constitutional Law, international treaties ratified by the Republic of Kazakhstan, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and these Regulations.
The footnote. Paragraph 15 as amended by Decree of the President of the Republic of Kazakhstan dated 07/01/2026 No. 1337.
Chapter 3. Status and powers of the Head of the Committee
16. The activities of the Committee are managed by the Chairman, who is personally responsible for the performance of the tasks, powers and functions assigned to the Committee.
17. The Chairman of the Committee is appointed and dismissed by the President of the Republic of Kazakhstan upon the recommendation of the Prosecutor General.
18. The Chairman of the Committee has deputies who are appointed and dismissed by the Prosecutor General on the recommendation of the Chairman of the Committee.
19. Powers of the Chairman of the Committee:
1) organizes and directs the work of the Committee;
2) determines the duties and powers of his deputies, structural divisions of the Committee, as well as investment prosecutors;
3) in accordance with the legislation of the Republic of Kazakhstan, appoints and dismisses employees and employees of the Committee.;
4) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, resolves issues of encouraging employees and employees of the Committee, providing them with financial assistance, imposing and lifting disciplinary penalties;
5) represents the Committee in government agencies and other organizations, including international ones;
6) reports on the activities of the Committee to the Prosecutor General and his deputy in charge of protecting public interests.;
7) approves the regulations on the structural divisions of the Committee;
8) approves the staffing table of the Committee within the approved structure and size;
9) adopt, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, regulatory legal acts within its competence;
10) decides on conducting an audit of the legality;
11) exercise other powers in accordance with the legislation of the Republic of Kazakhstan.
The powers of the Chairman of the Committee during his absence are performed by the person replacing him, in accordance with the legislation of the Republic of Kazakhstan.
Chapter 4. Property of the Committee
20. The Committee has the right of operational management of separate property. The Committee's property is formed at the expense of property transferred to it by the owner, as well as property (including monetary income) acquired as a result of its own activities, and other sources not prohibited by the legislation of the Republic of Kazakhstan.
21. The property assigned to the Committee belongs to republican ownership.
22. The Committee does not have the right to independently alienate or otherwise dispose of the property assigned to it.
Chapter 5. Reorganization and liquidation of the Committee
23. The reorganization and liquidation of the Committee are carried out in accordance with the legislation of the Republic of Kazakhstan.
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Approved by Decree of the President of the Republic of Kazakhstan on December 17, 2025 No. 1125
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
Download
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 for the Protection of Investors' Rights
5884
".
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:
The second part of paragraph 1 should be worded as follows:
"The Prosecutor General's Office manages the unified centralized system of prosecutor's offices 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 the legislation of the Republic of Kazakhstan, 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, as well as on behalf of and carries out asset recovery activities in the interests of the State.";
Paragraph 2 should be worded as follows:
"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 for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee for the Protection of Investors' Rights).";
Paragraph 11 should be worded as follows:
"11. Financing of the activities of the Prosecutor General's Office is carried out from the republican budget, as well as a Special state Fund for activities related to asset recovery, in accordance with the legislation of the Republic of Kazakhstan.";
after the fourth paragraph of paragraph 13, add paragraphs five, six and seven as follows:
"identification and return to the state of illegally acquired assets within the scope of the tasks assigned by the Law of the Republic of Kazakhstan "On the return to the State of illegally acquired assets" (hereinafter – the Law);
implementation of measures aimed at returning illegally acquired, including withdrawn assets to the State;
Development of international legal cooperation on asset recovery;";
in paragraph 14:
after paragraph thirty-fourth of subparagraph 1), add paragraphs thirty-fifth, thirty-sixth, thirty-seventh, thirty-eighth, thirty-ninth, fortieth, forty-first, forty-second, forty-third, forty-fourth, forty-fifth, forty-sixth, forty-seventh, forty-eighth, forty-ninth, fifty, fifty-first, fifty-second, fifty-third, fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh, fifty-eighth, fifty-ninth, sixty, sixty-first, sixty-second, sixty-third and sixty-fourth as follows:
"to send, in accordance with the procedure determined by the legislation of the Republic of Kazakhstan, a request (requirement), a written instruction, information or a report on the detection of a criminal offense and (or) on carrying out the necessary verification, operational search measures, as well as pre-trial investigations to state, special state and law enforcement agencies;
to make proposals on the creation of commissions and working groups to carry out activities related to the search (disclosure), confirmation of origin, imposition of preliminary interim measures, interim measures, taking measures to ensure the safety, management, sale and return to the state of illegally acquired, including withdrawn assets.;
to involve scientists, experts, specialists, commercial and non-profit organizations, including foreign ones, to carry out activities aimed at returning illegally acquired assets to the state;
to assist the authorized bodies of the Republic of Kazakhstan in carrying out operational search and special measures for the search (disclosure), confirmation of origin, imposition of interim measures, management, sale and return to the state of illegally acquired, including withdrawn assets;
to send requests for information, information and documents in respect of illegally acquired and withdrawn assets, as well as in respect of individuals, organizations and beneficial owners involved in the illegal withdrawal of assets, to individuals, legal entities and other organizations, as well as to state bodies of the Republic of Kazakhstan, in accordance with the procedure provided for by international treaties and the legislation of the Republic of Kazakhstan. related offenses, transactions with money and (or) other property, as well as to assist in the execution of such requests from the competent authorities of foreign states.;
submit claims to foreign courts, international arbitration organizations and other competent authorities of foreign States for the establishment of the legal status or ownership of assets to be returned to the State, in accordance with the procedure determined by the Prosecutor General.;
In accordance with the international treaties of the Republic of Kazakhstan and the legislation of the relevant foreign state, send requests to the courts or competent authorities of a foreign state for arrest, taking other preliminary interim measures, interim measures and obtaining evidence in accordance with the procedure determined by the Prosecutor General.;
in accordance with international treaties and the legislation of the relevant foreign state, send requests for legal assistance in the form of confiscation to the courts or competent authorities of a foreign state (both in the presence and in the absence of a court decision of the Republic of Kazakhstan on confiscation or conversion of assets to state revenue) in accordance with the procedure determined by the Prosecutor General;
declare to the relevant foreign court or competent authorities of a foreign state the purposes for which the confiscated property will be used, including financing social and economic projects aimed at improving the well-being of the people of Kazakhstan, or compensation for damage to victims of the relevant illegal act.;
to make a choice when sending requests and applications to the courts or competent authorities of a foreign state between civil law and criminal law confiscation in accordance with the procedure determined by the Prosecutor General.;
to send, in accordance with the international treaties of the Republic of Kazakhstan and the legislation of the relevant foreign state, applications to the courts or competent authorities of a foreign state for recognition and enforcement of a decision (verdict) of a court of the Republic of Kazakhstan or other judicial act rendered by a court of the Republic of Kazakhstan, in accordance with the procedure determined by the Prosecutor General;
to receive and execute (or transfer for execution to competent authorities or courts) requests from courts or competent authorities of foreign states for legal assistance regarding civil or criminal confiscation on grounds similar to those provided for in the laws of the Republic of Kazakhstan, in accordance with the procedure determined by the Prosecutor General;
participate in court proceedings to consider requests for legal assistance in accordance with the procedure determined by the Prosecutor General.;
to send requests to the competent authorities of foreign states for information, information and documents in relation to illegally acquired and withdrawn assets, as well as in relation to individuals, organizations and beneficial owners involved in the illegal withdrawal of assets, other related offenses, transactions with money and (or) other property in accordance with the procedure determined by the Prosecutor General.;
to exercise procedural rights that may be granted in accordance with the legislation of the relevant foreign State or international treaties in accordance with the procedure determined by the Prosecutor General.;
Participate in the development and approval of draft international agreements on asset recovery in accordance with the procedure determined by the Prosecutor General.;
Participate in the development and implementation of international cooperation programs on asset recovery and property confiscation in accordance with the procedure determined by the Prosecutor General.;
participate, in accordance with the established procedure, in the activities of international organizations, associations and other working groups in the field of asset recovery, including the confiscation of criminally acquired property, in accordance with the procedure determined by the Prosecutor General.;
to participate in the work on making proposals for the signing, ratification, approval, adoption of international treaties in the field of asset recovery and accession to them, as well as other international agreements (memoranda) that are not international treaties on issues within his competence, in accordance with the procedure determined by the Prosecutor General.;
to put issues on the agenda of the discussion of the Commission on the return of illegally acquired assets to the state in accordance with the legislation of the Republic of Kazakhstan on asset recovery;
to involve employees of law enforcement and special government agencies, as well as other government agencies, in the work of the Commission on the return of illegally acquired assets to the state in accordance with the legislation of the Republic of Kazakhstan on asset recovery;
to organize and hold meetings, seminars, conferences, including international ones, on issues within its competence;
initiate an asset assessment, including an independent assessment of assets to be returned, with the involvement of third parties;
initiate an audit, revision, and verification of the legality of the sources of acquisition (origin) of the asset, aimed at ensuring the return of assets;
send additional requests to persons included in the register in accordance with the Law;
in compliance with the procedure established by the legislation of the Republic of Kazakhstan, to request and receive information and documents, materials, additional materials, as well as criminal, civil, administrative cases, cases of administrative offenses and enforcement proceedings regarding the ongoing verification of the legality of the sources of acquisition (origin) of the asset.;
to file private complaints, petitions, appeals, cassation appeals, appeals, petitions to challenge judicial acts in cassation against judicial acts issued on asset recovery issues, and to exercise all the rights of the plaintiff or defendant;
during the procedure of voluntary transfer of assets, request the necessary information from the subjects of the Law, their affiliated persons, as well as other persons not included in the register;";
after the thirteenth paragraph of subparagraph 2), add paragraphs fourteenth and fifteenth to read as follows:
"to ensure the safety of the information received, which constitutes state secrets and legally protected secrets;
perform the functions of a working body that ensures the activities of the Commission on the Return of illegally acquired Assets to the State;";
Subparagraph 3-1) of paragraph 15 should be worded as follows:
"3-1) carrying out asset recovery activities on behalf of and in the interests of the State by:
monitoring and analyzing information to counteract the illegal acquisition, withdrawal of assets and their return, aimed at searching, collecting, processing, summarizing, and evaluating incoming information about illegally withdrawn assets of entities and their affiliates, as defined by Law, in accordance with the procedure determined by the Prosecutor General;
conducting an audit and evaluating assets to be returned, including through the involvement of third parties;
verification of the legality of the sources of acquisition (origin) of the asset, conducted in accordance with the Law;
requesting information and materials from government agencies, organizations, quasi-public sector entities and officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
registration and (or) carrying out pre-trial investigations against potential entities and their affiliated persons, provided for by Law, and for other criminal offenses in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;
reviewing applications from individuals and legal entities for the voluntary return of assets and making decisions on them in accordance with the procedure provided for by Law.;
studying the international experience and practice of confiscation of property and asset recovery;
ensuring the legality and transparency of the results of asset recovery activities;
ensuring the effective operation of the Commission on the return of illegally acquired assets to the state in accordance with the legislation of the Republic of Kazakhstan on asset recovery;";
The structure of the Prosecutor General's Office of the Republic of Kazakhstan, approved by the above-mentioned Decree, should be formulated as follows:
"Structure of the General Prosecutor's Office of the Republic of Kazakhstan
Guide
The device
Service for Supervision of the Legality of Pre-trial Investigation and Criminal Prosecution
Service for supervision of the legality of sentences that have entered into legal force and their execution
Public Interest Protection Service
Pre-trial Investigation Service
International Legal Cooperation Service
Asset Recovery Service
HR Department
Department of Internal Security
Department of Strategic Development
Department for Supervision of the Legality of Operational Search, Counterintelligence Activities and Covert Investigative Actions
Department for the Coordination of Normative Activities
Department for Handling Complaints and Office Work
Finance Department
Office for the Protection of State Secrets
Internal Audit Department
Information Security Management.";
The list of positions of the prosecutor's office system to which class ranks are assigned, as well as the corresponding maximum class ranks (marked "For official use"), approved by the above-mentioned Decree, should be amended in accordance with appendix 2 to these amendments and additions.
4. It's classified.
5. In the Decree of the President of the Republic of Kazakhstan dated October 5, 2023 No. 366 "On measures to implement the Law of the Republic of Kazakhstan "On the return of illegally acquired Assets to the State", subparagraph 1) of paragraph 2 should be deleted.
6. In the Decree of the President of the Republic of Kazakhstan dated May 27, 2024 No. 560 "On Amendments to certain Decrees of the President of the Republic of Kazakhstan", paragraph 4 of the amendments to certain decrees of the President of the Republic of Kazakhstan should be deleted.
President
Republic of Kazakhstan
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