On approval of the Rules for the formation and maintenance of the register of systemic problems of investors
Order of the Prosecutor General of the Republic of Kazakhstan dated June 30, 2026 No. 100. It was registered with the Ministry of Justice of the Republic of Kazakhstan on July 3, 2026, No. 39215.
In accordance with subparagraph 23) of Article 9 of the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office", paragraph forty-three of subparagraph 1) of paragraph 14 of the Regulation on the Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated December 17, 2025 No. 1125, I ORDER:
1. To approve the attached Rules for the formation and maintenance of the register of systemic problems of investors (hereinafter referred to as the Rules).
2. The Committee for the Protection of Investors' Rights of the General Prosecutor's Office of the Republic of Kazakhstan shall ensure:
1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this order on the Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.
3. Control over the execution of this order is entrusted to the supervising Deputy Prosecutor General of the Republic of Kazakhstan.
4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Prosecutor General of the Republic of Kazakhstan
B. Asylov
Appendix to the Decree of the General Prosecutor of the Republic of Kazakhstan On June 30, 2026 No. 100
RULES for the formation and maintenance of the register of systemic problems of investors
Chapter 1. General provisions
1. These Rules for the formation and maintenance of the register of systemic problems of investors (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 23) of Article 9 of the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office", paragraph forty–three of subparagraph 1) of paragraph 14 of the Regulation on the Committee for the Protection of Investors' Rights of the Prosecutor General's Office of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated December 17, 2025, No. 1125, and determine the procedure for the formation and maintenance of the register of systemic problems of investors.
2. The following concepts are used in these Rules:
1) the register of systemic problems of investors (hereinafter referred to as the register) is a single list of systemic problems of investors, formed by the authorized body for the purpose of accounting, analysis and coordination of measures taken to eliminate them.;
2) systemic problems of investors (hereinafter referred to as systemic problems) are a stable set of factors, conditions, practices, administrative and legal barriers caused by imperfect legislation or its improper application, as well as illegal actions (inaction) of government agencies and organizations, regardless of the form of ownership or officials, the elimination of which requires the adoption of organizational and legal measures.;
3) authorized body – the office of the Prosecutor General's Office of the Republic of Kazakhstan, which carries out activities to protect the rights of investors;
4) the national digital investment platform (hereinafter referred to as NCIP) is a unified digital system for integrated support of investment projects, the creation, management and technical support of which is carried out by the authorized state body for investments.
Chapter 2. The procedure for the formation and maintenance of the registry
3. The authorized body is the subject of the register formation.
4. The register is formed and maintained in electronic form, followed by its placement in the NCIP.
5. System problems are included in the registry if one or more of the following signs are present:
1) violates or affects the rights and interests of two or more investors, or creates a risk of their violation, confirmed by appeals, audit results or other documented data;
2) is systemic in nature, including expressed in repeated appeals from various investors on similar problematic issues;
3) caused by gaps, contradictions or uncertainty of regulatory legal acts or imperfect regulation and law enforcement practice;
4) cannot be eliminated solely on an individual basis, without changing the rules, procedures or approaches.
6. Individual investor issues related to specific complaints from individual investors are not considered systemic problems.
7. The register is formed on the basis of:
1) analysis of investor appeals, including those received through government digital systems and other communication channels;
2) personal reception of investors, holding working meetings, meetings and field events with their participation;
3) support of investment projects, including monitoring the timing of implementation, fulfillment of obligations and terms of agreements;
4) the results of inspections, analysis of the state of legality, assessment of acts that have entered into force, and other forms of supervisory activities;
5) studying regulatory legal acts, identifying gaps, contradictions and uncertainties in regulation;
6) monitoring of government agencies, local executive bodies, and quasi-public sector entities in terms of providing investors with government support, benefits, and preferences;
7) monitoring the fulfillment by state and local executive bodies, institutions, and quasi-public sector entities of obligations under agreements, contracts, and agreements concluded with investors;
8) generalizations of judicial and administrative practice on investor disputes with government agencies and organizations, as well as quasi-public sector entities;
9) monitoring of indicators of implementation of investment programs and projects;
10) analysis of information (information) from open sources;
11) information about system problems received from:
structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan, the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan, the main military and transport prosecutor's offices, prosecutor's offices of regions and equivalent to them;
central government agencies;
local executive bodies of the capital, regions and cities of national importance;
The National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken";
quasi-public sector entities;
other interested organizations.
8. Information on system problems submitted by the entities specified in subparagraph 11) of paragraph 7 of these Rules for inclusion in the register is sent in writing and (or) electronically and must contain:
1) a brief description of the essence of the system problems;
2) an indication of the industry (sphere of legal regulation) and the region (regions) in which it manifests itself;
3) information about investors (if any) whose rights and legitimate interests have been violated or affected as a result of the problem;
4) analysis of the causes and conditions of the problem (regulatory, law enforcement, organizational);
5) suggestions on possible mechanisms for its elimination;
6) information about previously taken measures (if any).
9. The authorized body, within 15 (fifteen) business days from the date of receipt of the information, reviews the submitted materials and, based on the results, makes a decision to include system problems in the register, or a decision to provide a reasoned refusal to include system problems in the register.
If the basis for consideration of systemic problems is the appeal of an individual or a legal entity, its consideration is carried out in accordance with the legislation of the Republic of Kazakhstan.
10. If it is necessary to request additional materials from government agencies or organizations, the time limit for considering the inclusion of systemic problems in the register provided for in paragraph 9 of these Rules shall be extended on the basis of a reasoned decision by the chairman of the authorized body, and during his absence by the person replacing him, but not more than 15 (fifteen) working days.
11. The system problems included in the registry are subject to classification:
1) by the nature of their occurrence (regulatory, law enforcement, organizational, infrastructural, digital);
2) by the level of occurrence (republican, regional);
3) by industry (industry, energy, education, healthcare, transport and logistics, agro-industrial complex, construction, subsoil use and other industries).
12. The authorized body shall update the register, ensuring timely introduction of changes and additions in accordance with the procedure established by these Rules.
13. System problems are excluded from the registry based on information and materials.:
1) received from the entities specified in subparagraph 11) of paragraph 7 of these Rules;
2) at the initiative of the authorized body.
Information and materials confirming the elimination of system problems are sent to the authorized body in written and (or) electronic form.
The authorized body, within 15 (fifteen) business days from the date of receipt of the information, reviews the submitted materials and, based on the results, decides whether to exclude system problems from the register or to provide a reasoned refusal to exclude them.
14. The subjects specified in subparagraph 11) of paragraph 7 of these Rules who have sent information, as well as individuals or legal entities who have sent an appeal to the authorized body, have the right to appeal the decision of the authorized body to refuse to include system problems in the register in accordance with the procedure established by the Administrative Procedural Code of the Republic of Kazakhstan.
15. Government agencies, local executive bodies and quasi-public sector entities take into account the information contained in the register when developing and implementing measures aimed at improving the investment climate.
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