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Rehabilitation and bankruptcy

State control in the field of rehabilitation and bankruptcy is regulated by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy".

Thus, article 15 of the Law defines the competence of the authorized body in the field of rehabilitation and bankruptcy, where subparagraph 4 of this article provides for state control over compliance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.

State control over compliance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy is carried out in the form of inspection and preventive control.

The procedure for organizing and conducting inspections and preventive control with a visit to the subject of control is determined by the Entrepreneurial Code of the Republic of Kazakhstan.

Preventive control without visiting the subject of control is carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.

A feature of preventive control without visiting the subject of control is the timely suppression, prevention of violations and granting the right to self-elimination by the subject of control of violations identified by the authorized body.

The subject of control is the administrator.

The method of conducting such control is the mutual comparison of data and information received by the authorized body, which include:

1) current and requested information on the progress of the rehabilitation procedure or bankruptcy procedure;

2) information from authorized state bodies, as well as from other sources on the activities of the administrator and the debtor.

It should be noted that this Law regulates that at the request of the authorized body, any state body, legal entity or individual is obliged to provide any confidential information regarding the debtor.

In case of detection of violations by the administrator, the authorized body sends a notification on the results of preventive control, which from the moment of receipt is subject to execution by the subject of control within ten working days.

In case of disagreement with the violations specified in the notification, the subject of control has the right to send an objection to the authorized body that sent the notification within five working days from the day following the day of delivery of the notification.

Failure to comply with the notification on the elimination of violations identified by the results of preventive control without visiting the subject of control within the prescribed period entails the appointment of preventive control with a visit to the subject of control by including in the semi-annual list of preventive control with a visit to the subject of control.

Preventive control without visiting the subject of control is carried out quarterly.

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24 мая 2021
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17 марта 2021
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"SILICIUM KAZAKHSTAN (СИЛИЦИУМ ҚАЗАҚСТАН)" LLP
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Seminar on clarification of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan"
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