For the first time a court ruling canceled an order for the income of unknown origin

News added  05.05.2020

On 08/04/2020, the High Court of London declared the arrest warrants of the property of family members of the former President of Kazakhstan Nursultan Nazarbayev illegal.

Unexplained wealth order (UWO) operating in England since 2018 does not provide for the presumption of innocence. Investigators from the National Crime Agency (NCA) may seize property based on UWO to force owners to disclose the legal origin of the funds for which the property was acquired. In case of failure to provide evidence, the seized property will be confiscated.

Family members of former Kazakh President Nursultan Nazarbayev appealed the warrant issued against them to the High Court in London. The court found the evidence of the National Agency insufficient, and canceled the warrant. The NCA has announced its intention to appeal this decision, which is a case law and will affect future decisions.

https://www.judiciary.uk/wp-content/uploads/2020/04/Approved-Judgment-NCA-v-Baker-Ors.pdf

https://www.gov.uk/government/publications/circular-0032018-criminal-finances-act-unexplained-wealth-orders/circular-0032018-unexplained-wealth-orders