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On approval of the Rules of Preventive Accounting in the Economic Investigation Service

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the Rules of Preventive Accounting in the Economic Investigation Service

Order of the Chairman of the Financial Monitoring Agency of the Republic of Kazakhstan dated April 5, 2026 No. 8. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 5, 2026 No. 38663

In accordance with paragraph 13 of Article 59 of the Law of the Republic of Kazakhstan "On the Prevention of Offenses", I ORDER:

     1. To approve the attached Rules for conducting Preventive Accounting in the Economic Investigation Service.

     2. The Department of Prevention and Analytical Developments of the Agency of the Republic of Kazakhstan for Financial Monitoring, in accordance with the procedure established by law, 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 Agency of the Republic of Kazakhstan for Financial Monitoring after its official publication.

     3. Control over the execution of this order is entrusted to the supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for Financial Monitoring.

     4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

 

Chairman of the Agency of the Republic of Kazakhstan for Financial Monitoring

J. Elimanov

 

 

 

dated May 5, 2026 No. 8

 

Rules for conducting preventive accounting in the Economic Investigation Service

Chapter 1. General provisions

     1. These Rules for Preventive Accounting in the Economic Investigation Service (hereinafter referred to as the Rules) have been developed in accordance with paragraph 13 of Article 59 of the Law of the Republic of Kazakhstan "On the Prevention of Offenses" and define the procedure for preventive accounting in the Economic investigation Service.

     2. The following concepts are used in these Rules:

     1) a person inclined to commit offenses is an individual who is on preventive registration, who, due to the danger of his antisocial behavior, is at risk of possibly committing an offense or has committed an offense;

     2) the Economic Investigation service is the operational and investigative units of financial monitoring bodies engaged in activities aimed at preventing, detecting, suppressing, uncovering and investigating crimes and offenses attributed by the laws of the Republic of Kazakhstan to the jurisdiction of these bodies, as well as exercising other powers provided for by the legislation of the Republic of Kazakhstan.

     3. Preventive accounting is intended to provide information support for the activities of the economic investigation service.

     4. Control over the implementation of preventive accounting is carried out by the head of the territorial body of the Economic Investigation service, who checks the maintenance of preventive cases on a quarterly basis.

Chapter 2. The procedure for conducting preventive accounting in the Economic Investigation Service

     5. Preventive accounting is carried out by the Economic Investigation Service during the period of individual crime prevention measures and is conducted in the following categories:

     1) the person against whom an official warning has been issued;

     2) a person against whom a punishment has been imposed that is not related to isolation from society, or other measures of criminal legal influence.

     3) a person who has an outstanding criminal record provided for in Article 79 of the Criminal Code of the Republic of Kazakhstan.

     According to subitems 2) and 3) of paragraph 5 of these Rules, persons who have committed economic offenses are placed on preventive registration.

     6. When registering for preventive registration, the person (legal representative) is explained his rights and obligations, as well as the responsibility established by the laws of the Republic of Kazakhstan.

     7. Registration for preventive maintenance may be appealed by interested persons in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     8. Preventive accounting is conducted by the responsible structural unit of the economic investigation service, taking into account the specifics of the activities carried out.

     9. Preventive registration is approved by the head of the structural unit of the Economic Investigation Service.

     10. Preventive accounting is discontinued:

     1) prematurely, if it is established that a person who is inclined to commit an offense has embarked on the path of correction, is positively characterized by his place of residence or work activity;

     2) after the expiration of the period of measures for the individual prevention of offenses, if there are no grounds for its extension.;

     3) in connection with the conviction of a person who is inclined to commit an offense to imprisonment;

     4) in connection with death.

     11. Upon receipt of an application from a person (legal representative) on preventive registration for its early termination, an employee of the economic investigation service checks the arguments of the application within five working days and submits a corresponding report to the head of the territorial body of the economic investigation service.

     12. The head of the territorial body of the economic investigation Service of cases, within three working days, with the participation of a person on preventive registration, examines the specified report of an employee of the economic investigation service and other characterizing materials, after which he decides whether to satisfy or reject the application.

     At the same time, a person registered for preventive maintenance has the right to appeal the decision of the head of the territorial body of the economic investigation service in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     13. Preventive accounting may be extended taking into account the individual characteristics of a person who is prone to committing an offense, the nature and degree of his antisocial behavior, and the danger of his act (action or omission) until the possibility of committing an offense is eliminated.

     14. Preventive cases are formed and conducted for persons registered with the Economic Investigation Service in accordance with Appendix 1 to the Rules.

     Preventive cases are subject to mandatory registration and maintenance in the database of the Economic Investigation Service.

     The list of documents in the preventive case:

     1) an inventory of documents in the file;

     2) materials that served as the basis for preventive registration (court verdict, official warning);

     3) other documents.

     In order to obtain information on bringing to administrative and criminal responsibility, the responsible employee of the territorial body of the economic investigation service checks the person on the preventive register monthly against reference databases.

     After each check, the responsible employee of the territorial body of the economic investigation service makes an appropriate note in the control sheet in accordance with Appendix 2 to the Rules.

     15. An official warning is issued in writing on a letterhead in accordance with Appendix 3 to the Rules.

     16. Preventive monitoring is carried out during the period of preventive accounting for a person who is prone to committing offenses, and consists in systematic monitoring of compliance with established restrictions and the performance of assigned duties at least twice a month.

 

 

Appendix 1 to the Rules of accounting for the Service of Economic Research

 

Preventive case No. ____

     _________________________________________________________________family, first name and patronymic (if any)_________________________________________________________________adjustmentprophylactic accounting is carried out by an employee of the economic research service_________________________________________________________________ name of the territorial authority_________________________________________________________________ Rank, last name and initials of the employee of the economic Investigation Serviceprofilactic control is established"____" ______________ 20____ Yearprophylactic control has been discontinued"____" ______________ 20____The year should be archived until "____" ______________ 20____ year (printed on the inside cover of the preventive case)The list of documents in the preventive case:1) an inventory of documents in the case; 2) materials that served as the basis for preventive registration (court verdict, official warning); 3) other documents.

 

 

Appendix 2 to the Rules of accounting for the Service of Economic Research

 

CONTROL SHEET

 

Download

Last name, first name, patronymic (if any):

Date and place of birth:

Address of the place of residence:

Term of control, criminal record article:

No. p / p

Date and time of the check (according to databases), position, title, surname of the employee (performing the check)

 

 

 

 

 

Appendix 3 to the Rules of accounting for the Service of Economic Research

 

An OFFICIAL warning about the elimination of the causes and conditions of the offense

 

________________________(locality)

№ ___

 

"___" _______20___ year

 

__________________________________________________________________,(name of the territorial authority) has information that_____________________________________( Full name. the person to whom the official__________________________________________________________________ warning, date of birth, identity card or passport data, place of registration__________________________________________________________________( residence, stay) of the person, a statement of the actions performed (performed) by the person).These actions create the conditions for the commission of an unlawful act, for which responsibility is provided. _____________________________( item, part, article of the Code of the Republic of Kazakhstan "On Administrative Offences" or the Criminal Code of the Republic of Kazakhstan)On the basis of the above and guided by paragraph 1 of Article 51 of the Law of the Republic of Kazakhstan "On the Prevention of Offenses", the citizen (ke) _______________ An official warning is issued regarding the need to eliminate the causes and conditions, contributing to the commission of a legal violation.An official warning is issued for a period of 30 (thirty) days.The period of validity of the official warning is calculated from the moment of its delivery to the citizen (ke) ______________________.In accordance with paragraph 4 of Article 51 of the Law of the Republic of Kazakhstan "On the Prevention of Legal Violations", citizen(ka) ______________ preventive registration is required.During the period of validity of the official warning, authorized persons________________________________________________________________ monitor the citizen's compliance with ______ at least twice a month. (name of the territorial authority)Citizen(ka) ____________________________ He/she has been warned that in case of continuing actions that create conditions for the commission of crimes or administrative offenses, he/she may be involved(a) to be held liable in accordance with the legislation of the Republic of Kazakhstan.___________________ /____________/( Full name of the offender) (signature)This official warning may be appealed to a higher authority or a higher official, or to a court.Rights and obligations of a person:1. To obtain an explanation of the nature of the warning and the grounds for its issuance.2. Provide explanations or objections.3. Get a copy of the document.4. To appeal against the action (inaction) of the authorized person in accordance with the procedure established by the laws of the Republic of Kazakhstan.5. Comply with the legislation of the Republic of Kazakhstan.__________________________________ ____________________________( position of the authorized person) (signature) (surname and initials)"__" _________ 20__ The year is the real official one I've been warned._______________________________________________________________(signature of the person who received the official warning)"__" _________ 20____ Year Additional marks: ________________________________________(in case the person refuses to sign the official_______________________________________________________________ warnings are recorded accordingly)

 

 

 

 

 

 

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