Mazhilis deputy Marat Bashimov has sent a letter to Prosecutor General Berik Asylov requesting support for the introduction of the institution of extended confiscation of property.
According to Ulysmedia.kz, the deputy noted that the mechanism of extended confiscation is important for effectively combating the shadow economy and money laundering.
"The draft law includes 100 amendments and legal provisions recommended by the international organisation FATF (Financial Action Task Force). The institution of extended confiscation is extremely important for our country. Nowhere in the world has there been so much theft. That is why I wrote a letter to Prosecutor General Berik Asylov asking for his support on this issue," he stated.
The deputy noted that previously, the introduction of norms consistent with international recommendations was hindered by the political and economic interests of the 'old Kazakhstan'.
"Under the previous political regime, Kazakhstan fiercely resisted the adoption of legal norms to combat the shadow economy and money laundering. Lobbyists of all kinds, especially those for the oligarchs, stalled this process. And they are still doing so under various pretexts," said Bashimov.
Bashimov pointed out that the absence of the institution of extended confiscation in legislation allows defendants in criminal cases to retain assets formally transferred to third parties — relatives, trusted individuals, partners — and to use controlled legal entities. As a result, even in the event of a conviction, a significant portion of criminal proceeds remains inaccessible for seizure into state revenue.
"The definition of the term 'property acquired by criminal means and property of equivalent value' has been extended to property owned or held by third parties, but without prejudice to the rights of bona fide third parties. Examples of such property include: property under the actual control of the accused or a person under investigation, and, for example, held by family members, accomplices, or legal entities and organisations; - property that was gifted or transferred to a third party for an amount significantly above or below the market value," noted Bashimov.
He recalled that the proposed mechanism requires the person against whom a pre-trial investigation has been initiated to independently prove the lawful acquisition of the remaining property. If they are unable to do so, the assets are subject to confiscation.
"It is time to adopt everything that has not been adopted for many years in the fight against money laundering, so that true justice on this issue finally prevails," the deputy concluded.