On some issues of legal regulation of the return of stolen assets in the Republic of Kazakhstan

Abstract

In the article, the author considers some aspects of the legal regulation of the asset recovery in the Republic of Kazakhstan. As the analysis shows, the term « asset recovery» is not regulated in the legislation. Today, in the current Code of Criminal Procedure, compensation for damage and the return of stolen assets are not included in the tasks of the criminal process. As practice shows, the criminal prosecution bodies are primarily aimed at solving the problems of bringing the guilty person to criminal responsibility. In this regard, the issues of returning stolen property from abroad often remain without due attention, incl. because of the difficulty of proof. Issues of return of assets in the Republic of Kazakhstan are considered through the prism of procedural actions for the arrest and confiscation of property, regulated by the norms of the Code of Criminal Procedure of the Republic of Kazakhstan. Therefore, based on the analysis, the author concluded that the current legislation still provides for a sufficient list of procedural rules that allow the implementation of the asset recovery mechanism.