The legal system of Kazakhstan provides general conditions for asset recovery and international mutual legal assistance (MLA). The Criminal Procedures Code (CCP) of the Republic of Kazakhstan regulates mutual legal assistance in criminal law matters. MLA may be provided under Kazakh Law on the basis of an international agreement or reciprocity (CCP Art. 521 Par. 1), the procedure being subject to the rules of the CCP or other Kazakh laws. In case of contradiction between the national and international provisions it is the latter that must prevail (CCP Art. 521 Par. 2).
Kazakh law mentions an Attorney General and Ministry of Justice as central authorities for MLA. Depending on the requesting state and the nature of the remedy sought other authorities can also be involved in the MLA mechanism. A number of Ministries and agencies have special units in their structures charged with some responsibilities to provide legal assistance to foreign state authorities within their capacities.
In the recent years Kazakhstan has demonstrated certain efforts to participate in the international fight against corruption. The most recent step was taken in May 2008 with the ratification of the UN Convention against Corruption (UNCAC), 2003. No specific legal provisions regulating measures for asset recovery in favor of a foreign state have been introduced into Kazakh Law under the requirements of UNCAC. As the UNCAC focuses on recovery of stolen assets as one of its main objectives, Kazakhstan as a state-member of this convention is therefore obliged to provide an adequate legal framework and asset recovery mechanism.
