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For over a quarter of a century, private detectives in Kazakhstan have been operating in a legal gray area. Now, a new draft law aims to bring their activities into the official spotlight, granting them licenses and establishing a legal framework for their services.

The push to legalize this profession began in the early 2000s, but previous legislative attempts have stalled. Despite the lack of official recognition, numerous private detective agencies have emerged and continue to operate across the country.

The Paradox of an Unofficial Profession

A quick online search reveals dozens of agencies advertising services akin to those of "Kazakhstan's Sherlocks." However, the state has historically maintained that such a profession does not officially exist. The Ministry of Internal Affairs has noted that while many individuals offer detective services online, this can lead to violations of citizens' constitutional rights. The proposed law seeks to address this by regulating the activities of private detectives and agencies, and establishing accountability for any breaches.

The primary goal is to transform an unregulated service into a formal business. The government believes that if a service cannot be prohibited, it should be managed, regulated, and subject to accountability, including financial responsibility.

Ensuring Quality and Preventing Misconduct

The state intends to incentivize private detectives to provide high-quality services through financial and professional accountability. The new legislation also aims to curb the activities of "gray detectives," fixers, and other semi-legal intermediaries whose actions could infringe on citizens' rights, undermine constitutional order, interfere with state administration, and pose risks to national security.

The Shadow World of Unlicensed Investigators

In reality, private investigators have been active in Kazakhstan for years. While they are easily found, none can produce an official detective's ID, as such a document does not legally exist. Daniyar, a specialist who asked for his last name to be withheld, has been working in the field for over five years. He handles a wide range of client requests, from locating missing relatives and old friends to tracking down debtors hiding both within Kazakhstan and abroad.

"We once found a partner who had defrauded a businessman and fled to the Czech Republic, all at the request of the businessman," Daniyar shared. "Entrepreneurs also commission comprehensive checks on Kazakh and foreign counterparties, analyzing their business reputation, financial standing, and hidden risks. Personnel screening services are also in demand; recently, a bank requested a background check on a candidate for a senior position before its approval by the financial market regulator. It turned out this candidate was accused in a criminal case involving money laundering in the US," he added.

His company also engages in financial intelligence, determining the actual financial performance of companies, assessing hidden reserves and profits of enterprises, and compiling detailed profiles of individuals and legal entities. A significant portion of his clientele includes wives of wealthy Kazakh citizens who seek to ascertain the true extent of their husband's assets before divorce proceedings.

Daniyar declined to disclose service costs, citing variability based on the scope, nature, and complexity of the work. Payments can be staggered, and additional charges may arise post-completion, a common practice in unregulated markets with uneven information distribution.

Daniyar himself laments the lack of legal status for private detective services in Kazakhstan, forcing honest professionals to operate in a "gray" zone. He believes this has led to the proliferation of fraudulent operators. The absence of a legal framework also compels professionals to remain discreet. He noted that many of his colleagues operate under the guise of formal private bailiff licenses, granting them access to state databases and information systems – essentially using one legal status for a completely different service.

He expressed hope that the new draft law will be adopted, legalizing the market and allowing for the acquisition of licenses and official credentials.

Structure of the New Draft Law

According to government plans, the official licensing of private detectives is expected to be introduced by 2026. Currently, services such as locating individuals and surveillance are performed with virtually no regulation. The draft law proposes mandatory licensing and liability insurance. This initiative aims to establish a "traditional market" where detectives can legally gather evidence for civil and administrative cases.

The legality of such services remains contentious. Consequently, members of the Mazhilis (lower house of parliament) have initiated draft laws titled "On Private Detective Activity" and "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Private Detective Activity."

The drafters explain that the new law will have several positive social implications for citizens. Firstly, individuals will have access to qualified assistance in legally gathering information to protect their interests in court, criminal, and administrative cases. Secondly, mandatory licensing for detectives will be introduced, eliminating those who engage in "data collection" without proper training or accountability. Thirdly, detectives will be required to have liability insurance, guaranteeing compensation for damages in cases of unlawful actions. Fourthly, the law will introduce strict state oversight, allowing citizens to file complaints about a detective's conduct with state bodies – a possibility currently unavailable.

The Ministry of Internal Affairs highlighted an additional reason for legalizing this profession: "Legislative regulation will allow for the social integration of pensioners and former law enforcement and security personnel, enabling them to work on a fair competitive basis. It will also allow private detectives to unite into agencies, thereby increasing their competitiveness," the ministry stated.

In essence, this addresses the employment of a specific social group with valuable skills that may not always find application in the formal labor market. In 2025, Kazakhstan had approximately 6,000 retired internal affairs officers, more than half of whom were not officially employed.

Kazakhstani detectives will operate under stricter limitations compared to their Western counterparts. The full list of restrictions will be approved by Parliament, but key prohibitions are already defined: actions that violate citizens' rights, invade privacy, disclose state secrets, or threaten national security are forbidden. Violating these boundaries will result not only in license revocation but also criminal liability.

Mandatory professional liability insurance for private detectives and detective agencies will be a significant innovation. This mechanism will allow citizens to recover damages from a detective in a simplified procedure if substandard services are provided. An insured event will be recognized as the occurrence of the insured person's (policyholder's) civil liability, meaning compensation for damage caused to the property interests of third parties as a result of the insured person's actions.

This is a crucial step. Currently, if a "gray" detective absconds with your money or leaks information about a surveillance target, there is no recourse. Soon, a simplified mechanism for recovering losses will be available, similar to systems in countries with developed private investigation institutions like the USA, UK, Germany, and Japan.

The adoption of the law and related amendments is planned for 2026.

The state acknowledges the issue: a market exists, demand is high, and risks are significant. The question remains whether the new law will foster the profession's development or become another attempt to catch up with reality, which has long outpaced slow legislation, giving rise to unique forms of the "gray" economy.

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