Article 18. Preventive control without visiting the subject of control The Law on Rehabilitation and Bankruptcy
1.the purposes of preventive control without visiting the subject of control are the timely suppression of violations, their prevention and granting the right to independently eliminate the violations identified by the authorized body by the subject of control himself.
The administrator is the subject of control.
2. Mutual comparison of data and information received by the authorized body is a method of conducting preventive control without visiting the subject of control, these data and information include:
1) current and requested information on the progress of the rehabilitation procedure or bankruptcy procedure.
The form, procedure and terms of providing such information are established by the authorized body;
2) information received from authorized state bodies, as well as from other sources on the activities of the administrator and the debtor.
The state body, individual and legal entity to which the request of the authorized body has been received is obliged to disclose any confidential information (Banking, Tax, commercial secret) in cases and in accordance with the procedure provided for by the laws of the Republic of Kazakhstan and to provide copies of any documents containing confidential information related to the debtor and the rehabilitation procedure
The term of execution of the request by the authorized body, the longer term of execution, is ten working days from the date of receipt of the request, except for cases specified in the request itself.
3.if violations are detected based on the results of preventive control without visiting the subject of control, a notification is sent in the form established by the authorized body within five working days from the date of detection of the violation.
The notification must be submitted to the subject of control in person with the signature or by other means confirming the fact of sending and receiving.
A message sent in one of the ways listed below is sent in the following cases:
1) on purpose-from the date of making a mark on receipt in the notification;
2) by mail – from the date of notification of receipt of the postal item by registered mail;
3) delivered electronically – through the web application of the internet resource of the authorized body from the date of shipment.
4.notification of elimination of violations identified based on the results of preventive control without visiting the subject of control must be carried out within ten working days from the day following the date of submission.
5.if the subject of control disagrees with the violations specified in the notification, the authorized body that sent the notification has the right to send an objection in writing and (or) in the form of an electronic document within five working days from the day following the date of submission of the notification.
6.-the draft law of the Republic of Kazakhstan dated July 23, 2026 No. 352-VIII of the Republic of Kazakhstan. Failure to comply with the notification of elimination of violations identified based on the results of preventive control without visiting the subject of control within the established time limits entails the appointment of preventive control by visiting the subject of control by inclusion in the semi-annual list of preventive control by visiting the subject of control.
7.in case of detection of violations that cannot be eliminated by the authorized body, the administrator shall be notified in the form established by the authorized body within five working days from the date of detection of the violation.
8.preventive control is carried out quarterly without visiting the subject of control.
The Law of the Republic of Kazakhstan dated March 7, 2014 No. 176-V SAM.
This Law regulates public relations arising from the debtor's inability to satisfy creditors' claims in full, establishes the grounds for applying debt restructuring procedures, rehabilitation procedures and declaring the debtor bankrupt, liquidating the debtor without initiating bankruptcy proceedings, and also defines the procedure and conditions for their conduct.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 23, 2026, No. 352-VIII SAM.
President
Republic of Kazakhstan
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