LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2021 No. 412-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of the rights to real estate and legal entities

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-І, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 166, 169; №23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, St. 116; No. 23, St. 118; No. 24, St. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 99, 103, 106, 108; No. 24-І, Art. 118; No. 24-II, Art. 120, 122, 123, 127; 2020, No. 9, Art. 29, 33; No. 10, Art. 39, 44, 46, 48; No. 11, Art. 56, 59; No. 12, Art. 61, 63; No. 13, Art. 67; No. 14, Art. 73, 75; No. 16, Art. 77; The law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in the Code of the Republic of Kazakhstan about administrative offenses on environmental issues", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021; The Law of the Republic of Kazakhstan of January 5, 2021 "About modification of some legal acts of the Republic of Kazakhstan concerning cotton industry and recognition voided the Law of the Republic of Kazakhstan "About development of cotton industry", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 6, 2021):

Heading of Article 460 to exclude 1) in table of contents;

Article 460 to exclude 2);

"460," to exclude 3) in part one of Article of the 695th figure.

2. In the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 3-4, of Art. 35; No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 1, Art. 180; No. 14, Art. 274; 1997, No. 12, Art. 183; 1998, No. 5-6, of Art. 50; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, Art. No. 3-4, 63, 64; No. 22, Art. 408; 2001, No. 1, Art. 1; No. 8, Art. 52; No. 24, Art. 338; 2002, No. 18, Art. 157; 2003, No. 4, Art. 25; No. 15, Art. 139; 2004, No. 5, Art. 30; 2005, No. 13, Art. 53; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 10, Art. 52; No. 15, Art. 95; No. 23, Art. 141; 2007, No. 3, Art. 20; 2008, No. 12, Art. 52; No. 23, Art. 114; No. 24, Art. 126, 129; 2009, No. 24, Art. 122, 125; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; 2011, No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; 2012, No. 2, Art. 14; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 15, Art. 78; No. 16, Art. 79; No. 20-IV, St. 113; No. 22-VI, St. 159; No. 23-І, Art. 169; 2016, No. 24, Art. 124; 2017, No. 4, Art. 7; No. 22-III, Art. 109; 2018, No. 13, Art. 41; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 21-22, of Art. 90; No. 23, Art. 103; No. 24-І, Art. 118; 2020, No. 9, Art. 33; No. 13, Art. 67; No. 14, Art. 68; The Law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning recovery of economic growth", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021):

Article 14 to add 1) with parts three and the fourth the following content:

"For the state re-registration of economic partnerships on the basis of change of list of participants, except for economic partnerships in which maintaining the register of participants of economic partnership is made by the professional participant of the security market performing activities for maintaining system of registers of security holders the contract of alienation (concession) of the right of the disposed participant of economic partnership for share in property (authorized capital) of partnership or its part according to the laws of the Republic of Kazakhstan and constituent documents is submitted.

The contract of alienation (concession) of the right of the disposed participant of economic partnership for share in property (authorized capital) of partnership or its part which party is the physical person is subject to the notarial certificate.";

2) part the tenth Article 14-2 after words "this Article," to add with the words "except for subitem 5)".

3. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 21, 27; No. 4, Art. 32; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 13, Art. 63; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4, 6; No. 2, Art. 10, 12; No. 7, Art. 37; No. 8, Art. 44; No. 10, Art. 52; No. 14, Art. 86; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 21-І, Art. 128; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 7-II, Art. 53; 2017, No. 4, Art. 7; No. 14, Art. 51; No. 22-III, Art. 109; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 22, Art. 82; No. 24, Art. 93; 2019, No. 7, Art. 37, 39; No. 8, Art. 45; No. 19-20, of Art. 86; No. 23, Art. 103, 108; No. 24-І, Art. 119; 2020, No. 10, Art. 48; No. 13, Art. 67; No. 14, Art. 68, 71; The Law of the Republic of Kazakhstan of November 16, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of Frontier of the Republic of Kazakhstan and homeland security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 17, 2020; The Law of the Republic of Kazakhstan of December 30, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning culture, physical culture and sport", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 31, 2020; The law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning recovery of economic growth", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021):

Article 20 to add 1) with subitem 6-8) of the following content:

"6-8) development and approval of rules of issue of the decision on carrying out complex of works on post-utilization of objects (demolition of buildings and constructions);";

Item 1 of Article 24 to add 2) with subitem 11-1) of the following content:

"11-1) accounting and registration of acts of demolition of buildings and constructions of regional value;";

3) in Article 25:

add Item 1 with subitem 12-1) of the following content:

"12-1) accounting and registration of acts of demolition of buildings and constructions of city value;";

add Item 2 with subitem 8-1) of the following content:

"8-1) accounting and registration of acts of demolition of buildings and constructions of local value;";

add Item 3 with subitem 8-1) of the following content:

"8-1) accounting and registration of acts of demolition of buildings and constructions of local value;";

Article 26 to add 4) with subitem 7-1) of the following content:

"7-1) accounting and registration of acts of demolition of buildings and constructions of district value;".

4. In the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 2, Art. 16; 2004, No. 20, Art. 116; No. 23, Art. 142; 2005, No. 11, Art. 36; 2006, No. 3, Art. 22; No. 24, Art. 148; 2007, No. 9, Art. 67; No. 18, Art. 143; 2009, No. 24, Art. 134; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 12, Art. 111; 2012, No. 8, Art. 64; No. 14, Art. 95, 96; No. 15, Art. 97; 2013, No. 2, Art. 10; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 2, Art. 3; No. 8, Art. 45; No. 19-І, Art. 100; 2016, No. 7-II, Art. 55; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 17; No. 11, Art. 29; 2018, No. 10, Art. 32; No. 19, Art. 62; 2019, No. 8, Art. 45; No. 21-22, of Art. 90; 2020, No. 9, Art. 33; The Law of the Republic of Kazakhstan of November 16, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of Frontier of the Republic of Kazakhstan and homeland security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 17, 2020):

to exclude Item 3-1 of Article 16.

5. In the Law of the Republic of Kazakhstan of July 6, 2004 "About inland water transport" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 15, Art. 88; 2006, No. 3, Art. 22; No. 23, Art. 141; No. 24, Art. 148; 2007, No. 9, Art. 67; No. 18, Art. 143; No. 20, Art. 152; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 10, Art. 52; No. 14, Art. 84; No. 19-І, 19-ІІ, Art. 96; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 19-І, Art. 100; No. 20-IV, Art. 113; No. 23-II, Art. 170; 2016, No. 8-І, Art. 65; 2017, No. 4, Art. 7; No. 9, St. 17; 2018, No. 10, Art. 32; No. 19, Art. 62; 2019, No. 8, Art. 45; 2020, No. 13, Art. 67; The Law of the Republic of Kazakhstan of November 16, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of Frontier of the Republic of Kazakhstan and homeland security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 17, 2020):

to exclude Item 3-1 of Article 25.

6. In the Law of the Republic of Kazakhstan of July 26, 2007 "About state registration of the rights to real estate" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 18, Art. 142; 2008, No. 23, Art. 114; No. 24, Art. 126; 2009, No. 2-3, of Art. 16; No. 8, Art. 41; No. 19, Art. 88; 2010, No. 7, Art. 28; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 15, Art. 118; No. 16, Art. 129; 2012, No. 8, Art. 64; No. 10, Art. 77; No. 14, Art. 95; No. 20, Art. 121; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; 2014, No. 4-5, of Art. 24; No. 11, Art. 61; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 16, Art. 79; No. 20-IV, Art. 113; No. 22-II, Art. 145; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; 2017, No. 4, Art. 7; 2018, No. 10, Art. 32; No. 15, Art. 50; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 21-22, of Art. 90; No. 23, Art. 103; 2020, No. 9, Art. 33; No. 12, Art. 61; No. 13, Art. 67; No. 14, Art. 68, 75; The Law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning recovery of economic growth", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 5, 2021):

Subitems 17) and 31) of Article 1 to state 1) in the following edition:

"17) the legal inventory - the unified state register of the registered rights (encumbrances of the rights) to real estate;";

"31) electronic registration - the state registration performed based on the electronic copy of the title document arriving in registering body by means of information system of the legal inventory.";

Items 1, of the 2 and 5 Article 9 to exclude 2);

Part the second Item 1 of Article 11 to exclude 3);

4) in Article 12:

2) to state the subitem in the following edition:

"2) registration sheets;";

5) to exclude the subitem;

5) in Article 14:

state heading in the following edition:

"Article 14. Registration leaf";

in Item 1:

state part one in the following edition:

"1. The registration sheet is filled in on the following real estate units:";

in part two:

the paragraph one to exclude;

change in Kazakh is made to the paragraph the fourth, the text in Russian does not change;

6) in Article 17:

the offer first of Item 2 to add with words ", and also legal executives within their competence established by the legislation of the Republic of Kazakhstan on the cases of enforcement proceeding which are in their production with application of a copy of the executive document, the confirmed seal of the private legal executive or territorial department";

the paragraph one of Item 3 after the words "about the rights" to add with words "(encumbrances of the rights)";

add with Item 3-3 of the following content:

"3-3. The persons specified in Item 3 of this Article, having the right to obtain information on the specific real estate unit and the generalized data on the rights (encumbrances of the rights) of physical person or legal entity to the real estate objects which are available for it by means of integration with information system of the legal inventory or on the web portal of "the electronic government" according to the procedure established by the legislation of the Republic of Kazakhstan.";

in item 4 of the word "Information from the Legal Inventory, and also the Copy" to replace with the word "Copies";

The subitem 3) of Article 18-2 to exclude 7);

8) 3) of Item 2 of Article 18-3 to exclude the subitem;

Shall be replaced with words 9) in Item 3 of Article 20 of the word "it can be carried out according to the procedure, determined by authorized body" "it is carried out according to the procedure, determined by this Law and regulatory legal act of authorized body";

10) in Article 23:

in Item 1 of the word "and 2" shall be replaced with words ", 2 and 2-1";

add with Item 2-1 of the following content:

"2-1. State registration of the termination of encumbrances, and also legal claims shall be made within one working day from the moment of receipt of the statement in registering body.";

Item 1-1 of Article 34 to state 11) in the following edition:

"1-1. Electronic registration proves to be true by sending from information system of the legal inventory of the notification on the made registration, the registering body certified by means of the digital signature, according to the procedure, determined by authorized body.";

12) in Article 54:

"(damage)" to add heading after the word with the word", demolition";

add Item 1 with part two of the following content:

"For state registration of the termination of the rights in connection with real estate asset demolition the applicant (the authorized representative of the applicant) submits the application for registration of the termination of the right with appendix of the act of the demolition of buildings and constructions which underwent accounting and registration in the local executive body performing functions in the field of architectural, town-planning and construction activities, for the location of real estate object.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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