On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the enforcement of decisions of the Constitutional Court of the Republic of Kazakhstan and the return of illegally acquired assets to the State

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On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the enforcement of decisions of the Constitutional Court of the Republic of Kazakhstan and the return of illegally acquired assets to the State

The Law of the Republic of Kazakhstan dated January 3, 2026 No. 251-VIII SAM

IZPI's note!

For the procedure for the enactment of this Law, see art. 2.

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

1. To the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999:

In article 895, the words "legislative acts" should be replaced by the words "laws of the Republic of Kazakhstan".

2. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:

In paragraph 1 of article 40, the words "by law" should be deleted.

3. To the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and Family":

1) in paragraph 6 of article 37, the words "from the moment of dissolution of marriage (matrimony)" should be deleted;

2) add the words ", as well as if the parent is a person applying special tax regimes in accordance with the tax legislation of the Republic of Kazakhstan, or has moved to a permanent place of residence outside the Republic of Kazakhstan" to the second part of paragraph 1 of Article 141.

4. To the Civil Procedure Code of the Republic of Kazakhstan dated October 31, 2015:

in the first part of article 250-1:

add the words ", including a share in it" to the first paragraph;

add the following second paragraph:

"At the same time, during the execution of other enforcement documents provided for in Article 9 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs", if it is impossible to repay the debt at the expense of other property or if the property is insufficient, foreclosure on the debtor's home, including a share in it, is allowed by applying the recoverer or bailiff to the court..".

5. To the Law of the Republic of Kazakhstan dated March 30, 1995 "On the National Bank of the Republic of Kazakhstan":

Subparagraph 11) of paragraph 2 of Article 20-4 shall be worded as follows:

"11) within thirty calendar days from the date of taking up the position of an employee of the National Bank of Kazakhstan or its department, transfer to the trust management and submit to the personnel service of the National Bank of Kazakhstan a notarized copy of the trust management agreement for their shares of investment funds, bonds and shares of commercial organizations.".

6. To the Law of the Republic of Kazakhstan dated July 4, 2003 "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations":

Subparagraph 11) of paragraph 2 of Articles 15-13 should be worded as follows:

"11) within thirty calendar days from the date of taking up the position of an employee of the authorized body, transfer to the trust management and submit to the personnel service of the authorized body a notarized copy of the trust management agreement for their shares of investment funds, bonds and shares of commercial organizations.".

7. To the Law of the Republic of Kazakhstan dated April 2, 2010 "On Enforcement proceedings and the Status of Bailiffs":

Paragraph 8 of Article 55 after the words "Foreclosure on" should be supplemented with the words "the debtor's dwelling, including a share in it, is carried out in accordance with the civil procedure legislation of the Republic of Kazakhstan. Foreclosure on another".

8. To the Law of the Republic of Kazakhstan dated January 6, 2011 "On Law Enforcement Service":

1) in subparagraph 3) of paragraph 2 of Article 6, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted;

2) in paragraph 3 of Article 8, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be replaced by the words "the adoption of which is recorded by the personnel services of law enforcement agencies in writing";

3) in subparagraph 6) of paragraph 1 of Article 16, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted;

4) in article 17:

in paragraph 1:

subparagraph 3) should be worded as follows:

"3) engage in entrepreneurial activity, except in cases where it is his official duties in accordance with the legislation of the Republic of Kazakhstan;";

Add sub-paragraphs 3-1) and 3-2) to read as follows:

"3-1) participate in the management of a commercial or non-profit organization, except in cases where this is his official duties in accordance with the legislation of the Republic of Kazakhstan or is necessary for the management of shares specified in subparagraph 3-2) of this paragraph, or is participation on a gratuitous basis in the management of a consumer or housing and construction cooperative;

3-2) acquire securities, except for the acquisition and (or) sale, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of shares of open and interval mutual funds, bonds, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations);";

Paragraph 2 should be worded as follows:

"2. An employee, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, within thirty calendar days from the date of assuming office, is obliged, for the duration of his law enforcement service, to transfer to trust management property belonging to him by right of ownership or other property right, the use of which entails income, with the exception of money, bonds, shares of open and interval mutual funds, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations), digital assets legally owned by him, as well as property transferred to a property lease (lease), and submit a notarized copy of the property trust management agreement to the HR department within the specified period.

An employee has the right to lease (lease) a dwelling belonging to him by right of ownership and receive income from such rental, as well as receive income from property transferred to trust management and from other legitimate sources.";

add paragraph 2-1 as follows:

"2-1. Anti-corruption restrictions imposed by employees are established by this Law and other laws of the Republic of Kazakhstan.";

in paragraph 3, replace the word ", other" with the words "and other";

5) in subparagraph 15-2) of paragraph 1 of Article 80, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted.

9. To the Law of the Republic of Kazakhstan dated February 13, 2012 "On Special State Bodies of the Republic of Kazakhstan":

1) in subparagraph 3) of the first part of paragraph 2 of Article 7, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted;

2) in paragraph 13 of Article 8, the words "established by the Law of the Republic of Kazakhstan on Combating Corruption, which are fixed" should be replaced by the words "the adoption of which is fixed by the personnel units of special state bodies";

3) in article 19:

in the first part of paragraph 1:

subparagraph 3) should be worded as follows:

"3) engage in entrepreneurial activity, except in cases where it is his official duties in accordance with the legislation of the Republic of Kazakhstan;";

Add sub-paragraphs 3-1) and 3-2) to read as follows:

Paragraph 2 should be worded as follows:

"2. An employee, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, within thirty calendar days from the date of assuming office, is obliged, for the duration of his service, to transfer to trust management property belonging to him by right of ownership or other property right, the use of which entails income, with the exception of money, bonds, shares of open and interval mutual funds, shares commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations), digital assets, legally owned by him, as well as property transferred to a property lease (lease), and submit a notarized copy of the property trust management agreement to the personnel department within the specified period.

add paragraph 2-2 as follows:

"2-2. Anti-corruption restrictions imposed by employees are established by this Law and the Law of the Republic of Kazakhstan "On Combating Corruption".

Anti-corruption restrictions imposed by political civil servants are established by this Law and other laws of the Republic of Kazakhstan.".

10. To the Law of the Republic of Kazakhstan dated February 16, 2012 "On military service and the status of military personnel":

1) Paragraph 3 of Article 7 shall be worded as follows:

"3. A serviceman undergoing military service under a contract, within thirty calendar days from the date of admission to military service, is obliged, for the period of military service, to transfer to trust management property belonging to him by right of ownership or other property right, the use of which entails income, with the exception of money, bonds, shares of open and interval mutual funds, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations), digital assets, legally owned by him, as well as property transferred to a property lease (lease), and submit a notarized copy of the property trust management agreement to the personnel service within the specified period.

A serviceman undergoing military service under a contract has the right to lease (lease) a dwelling belonging to him by right of ownership and receive income from such rental, as well as receive income from property transferred to trust management and from other legitimate sources.";

2) in article 8:

The first paragraph should be worded as follows:

"1. A serviceman may not:";

subparagraph 3) should be worded as follows:

"3) engage in entrepreneurial activity;";

Add sub-paragraphs 3-1) and 3-2) to read as follows:

add paragraphs 2 and 3 as follows:

"2. Anti-corruption restrictions imposed by military personnel are established by this Law and the Law of the Republic of Kazakhstan "On Combating Corruption".

Anti-corruption restrictions imposed by political civil servants are established by this Law and other laws of the Republic of Kazakhstan.

3. Responsibility for non-compliance with the restrictions provided for in this article is established by this Law and other laws of the Republic of Kazakhstan.";

3) in article 38:

in the second part of paragraph 1, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption", which are fixed", should be replaced by the words "the adoption of which is fixed by the personnel departments of the relevant state institutions";

in subparagraph 4) of the first part of paragraph 2, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted;

4) in article 40-2:

in subparagraph 4) of the first part of paragraph 2, the words "established by the Law of the Republic of Kazakhstan "On Combating Corruption" should be deleted;

In paragraph 6, replace the words "and 4)" with the words ", 3-1), 3-2) and 4) of paragraph 1";

5) the first paragraph of paragraph 1 of Article 53 should be worded as follows:

"1. For violations of military discipline, including for non-compliance with the restrictions established by the laws of the Republic of Kazakhstan related to service, the following types of disciplinary penalties may be applied to a serviceman:".

11. To the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption":

1) in article 1:

subparagraph 4) after the words "a person elected to local self-government bodies", add the words "(with the exception of a deputy of the maslikhat)";

subparagraph 8) after the words "established by this Law and" add the words "other laws of the Republic of Kazakhstan,";

2) in article 13:

in paragraph 1:

The first paragraph and sub-paragraphs 1) and 2) should be worded as follows:

"1. Persons holding responsible government positions, persons authorized to perform government functions (with the exception of deputies of maslikhats who do not carry out their activities on a permanent or exempt basis), officials, members of territorial election commissions exercising their powers on a professional permanent basis, whose remuneration is made from the budget of the Republic of Kazakhstan, employees of the National Bank of the Republic of Kazakhstan Kazakhstan and its departments, employees of the authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, employees of the authorized body for regulation, control and supervision of the financial market and financial organizations, as well as persons equated to persons authorized to perform government functions operating in national management holdings, national holdings, national companies, national regional development institutions and their subsidiaries are prohibited from:

1) participate in the management of a commercial or non-profit organization, except in cases where this is their official duties in accordance with the legislation of the Republic of Kazakhstan or is necessary to manage the shares specified in subparagraph 4) of this paragraph, or provided for in paragraph 2-1 of this article, or is participation on a gratuitous basis in the management of a political party, a trade union, a consumer or housing and construction cooperative;

2) engage in entrepreneurial activity;";

add subparagraph 4) as follows:

"4) to acquire securities, except for the acquisition and (or) sale, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of shares of open and interval mutual investment funds, bonds, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations).";

add paragraphs 1-1 and 1-2 as follows:

"1-1. Persons equated to persons authorized to perform state functions who are not subject to the requirements of paragraph 1 of this Article (with the exception of candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of districts, cities of regional significance, cities of regional significance, towns, villages, rural districts, as well as members of elected local self-government bodies), are not entitled to participate independently in the management of a commercial organization, engage in entrepreneurial and other paid activities:

1) if the relevant activity impedes the performance of official duties;

2) if the relevant activity entails the use of official property;

3) if there is a conflict of interest.

1-2. Restrictions on the performance by persons specified in paragraph 1 of this Article of activities incompatible with the performance of state functions are established by this Law and other laws of the Republic of Kazakhstan.";

Paragraph 2-1 should be worded as follows:

"2-1. Persons equated to persons authorized to perform government functions who operate in national management holdings, national holdings, national companies, national and regional development institutions, and their subsidiaries are entitled to hold paid positions in management bodies, supervisory boards, and executive bodies of subsidiaries, affiliates, and other legal entities affiliated with the relevant organizations. national management holdings, national holdings, national companies, national and regional development institutions and their subsidiaries, in accordance with the laws of the Republic of Kazakhstan.";

Delete paragraph 3;

Paragraphs 4 and 5 should be worded as follows:

"4. The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, employees of the National Bank of the Republic of Kazakhstan and its departments, as well as employees of the authorized body for regulation, control and supervision of the financial market and financial organizations are not entitled to purchase shares of investment funds, bonds, shares of commercial organizations.

The persons specified in the first part of this paragraph, within thirty calendar days from the date of their appointment to positions, are obliged to transfer to trust management, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, their shares of investment funds, bonds, shares of commercial organizations and submit a notarized copy to the personnel management service (HR service) at their place of work. trust management agreements for investment fund units, bonds, and shares of commercial organizations owned by them.

5. The persons specified in paragraph 1 of this Article, within thirty calendar days from the date of assuming office, are obliged to transfer to trust management for the duration of these functions in accordance with the procedure established by the legislation of the Republic of Kazakhstan, property belonging to them by right of ownership or other proprietary right, the use of which entails income, except for money, bonds, shares of open-ended and interval mutual funds, shares of commercial organizations (common shares in the amount of, not exceeding five percent of the total number of voting shares of organizations), digital assets legally owned by these persons, as well as property leased (leased), and submit a notarized copy of the property trust management agreement to the HR department (HR department) at the place of work within the specified period.";

Delete paragraph 6;

Paragraph 7 should be worded as follows:

"7. In case of ownership or other proprietary right to property, the use of which entails income, with the exception of shares of open and interval mutual funds, bonds, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations), digital assets acquired in accordance with the legislation of the Republic of Kazakhstan in accordance with the established procedure, the persons specified in paragraph 1 of this Article, They are obliged to transfer it to the trust management within thirty calendar days from the date of the right of ownership or other property right in accordance with the procedure established by the legislation of the Republic of Kazakhstan, and submit a notarized copy of the trust management agreement to the Personnel Management Service (HR department) at their place of work within the specified period.

The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, employees of the National Bank of the Republic of Kazakhstan and its departments, as well as employees of the authorized body for regulation, control and supervision of the financial market and financial organizations are required to transfer their shares of investment funds, bonds, shares of commercial organizations received as a result of inheritance or on the basis of court decisions or in other cases, independent of the will of these persons, to the trust management within thirty calendar days from the date of the emergence of ownership or other proprietary rights in accordance with the procedure established by the legislation of the Republic of Kazakhstan, and submit a notarized copy of the trust management agreement to the Personnel Management Service (HR department) at the place of work within the specified period.";

add paragraph 7-1 as follows:

"7-1. The persons specified in paragraph 1 of this Article have the right to lease (lease) housing belonging to them by right of ownership and receive income from such rental, as well as receive income from property transferred to trust management and from other legitimate sources.";

paragraph 8, after the words "provided for in paragraphs", add the number "4,".

12. To the Law of the Republic of Kazakhstan dated November 23, 2015 "On the Civil Service of the Republic of Kazakhstan":

1) in article 13:

in paragraph 1:

subparagraph 3) should be worded as follows:

"3) participate in the management of a commercial or non-profit organization, except in cases where this is his official duties in accordance with the legislation of the Republic of Kazakhstan or is necessary for the management of shares specified in subparagraph 3-2) of this paragraph, or is participation on a gratuitous basis in the management of a political party, a trade union, a consumer or housing construction a cooperative;";

Add sub-paragraphs 3-1) and 3-2) to read as follows:

"3-1) engage in entrepreneurial activity;

At the same time, the Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies are not entitled to purchase shares of investment funds, bonds, shares of commercial organizations.";

Paragraph 2 should be worded as follows:

"2. A civil servant, a person temporarily performing duties provided for by a public position, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, within thirty calendar days from the date of taking up the position, must, for the duration of their public service, transfer to trust management property belonging to them by right of ownership or other proprietary right, the use of which entails income, except for money, bonds, shares of open and interval mutual funds, shares of commercial organizations (common shares in the amount of, not exceeding five percent of the total number of voting shares of organizations), digital assets legally owned by them, as well as property leased (leased), and submit a notarized copy of the asset trust management agreement to the Personnel Management Service (HR department) at the place of work within the specified period.";

Delete paragraph 3;

Paragraph 4 should be worded as follows:

"4. A civil servant, a person temporarily performing duties stipulated by a public office, has the right to lease (lease) a dwelling belonging to them by right of ownership and receive income from such rental, as well as receive income from property transferred to trust management and from other legitimate sources.";

in paragraph 6:

The first part should be worded as follows:

"6. The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, within thirty calendar days from the date of appointment to these government positions, are required to transfer to the trust management and submit to the personnel management service (HR service) at the place of work a notarized copy of the contract trust management of investment fund units, bonds and shares of commercial organizations owned by them.";

exclude part two;

add paragraph 8 as follows:

"8. Restrictions related to public service and anti-corruption restrictions imposed by civil servants are established by this Law, the Law of the Republic of Kazakhstan "On Combating Corruption" and other laws of the Republic of Kazakhstan.";

2) the first part of Article 18 should be worded as follows:

"Persons entering the civil service assume restrictions related to their stay in public service and anti-corruption restrictions.";

3) in subparagraph 5) of the first part of Article 59, the words "belonging to him by right of ownership" should be replaced by the words "the use of which entails income, except in cases provided for by the laws of the Republic of Kazakhstan";

4) Subparagraph 9) of paragraph 1 of Article 61 shall be worded as follows:

"9) non-transfer to trust management of property, the use of which entails income, except in cases provided for by the laws of the Republic of Kazakhstan;".

13. To the Law of the Republic of Kazakhstan dated April 8, 2016 "On Arbitration":

1) in article 52:

in the title, replace the words "Grounds for cancellation" with the word "Cancellation";

in paragraph 3, the words "refusal to issue a writ of execution" should be deleted;

2) in article 57:

in the title, replace the words "Grounds for refusal" with the word "Refusal";

add paragraph 3 as follows:

"3. When considering a request for refusal to issue a writ of execution, the court has no right to review the arbitration decision on the merits.".

14. To the Law of the Republic of Kazakhstan dated July 12, 2023 "On the return of Illegally Acquired Assets to the State":

1) Paragraphs 1 and 2 of Article 10 shall be worded as follows:

"1. The authorized body for asset recovery, including on the basis of materials and information from other government agencies, organizations and quasi-public sector entities, annually prepares information on the measures taken to return illegally acquired assets to the state, on their results, the use of returned assets in the interests of citizens and the state, as well as on the systematic measures taken to eliminate the causes and conditions that facilitate the illegal acquisition and withdrawal of assets (hereinafter referred to as the annual information).

2. The annual information is published on the official Internet resource of the authorized body for asset recovery.";

2) in the title of Chapter 3, replace the words "Refund measures" with the words "Refund measures, methods and procedures";

3) in paragraph 5 of Article 12, the words "Chapter 4 of this Law" shall be replaced by the words "this chapter";

4) delete the title of chapter 4;

5) paragraph 2 of Article 24 should be supplemented with the words "either investments in the national economy and (or) the construction of socio-cultural facilities, or other contributions to the socio-economic development of the country";

6) in article 25:

subparagraph 4) of paragraph 1 should be supplemented with parts two, three, four, five and six as follows:

"Other agreements are understood to mean agreements concluded by the authorized body for asset recovery with persons included in the register and other persons.

Other agreements may provide for the implementation of economic projects, investments in the creation of new industries, and additional jobs at enterprises.

Other agreements may also provide for the construction of socio-cultural facilities, the implementation of social, charitable and other projects to assist various categories of the population, as well as other contributions to the sustainable social and economic development of Kazakhstan for the benefit of its people.

If necessary, state bodies together with the authorized body for asset recovery may act as participants (parties) to another agreement.

In order to fulfill the terms of another agreement, government agencies may enter into other agreements with persons included in the register, as well as other persons, on the transfer of assets in the interests of the State.";

add paragraph 1-1 as follows:

"1-1. Assets returned or transferred to State revenue as a result of the conclusion of agreements provided for in subparagraphs 1) and 4) of paragraph 1 of this article shall not be considered illegal.".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of the second paragraph of subparagraph 1) of paragraph 11 of Article 1, which shall enter into force after the date of entry into force of the relevant amendments to the Criminal Code of the Republic of Kazakhstan.

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