ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 13, 2021 No. 795

About modification and amendments in some orders of the Ministry of Justice of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan;

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of September 13, 2021, No. 795

The list of some orders to which changes and additions are made

1. In the order of the Minister of Justice of the Republic of Kazakhstan of February 22, 1999 No. 14 "About approval of the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration" (No. registered in the Register of state registration of regulatory legal acts 913):

In the Instruction for registration of pledge of the personal estate which is not subject to the obligatory state registration approved by the specified order:

be reworded as follows Item 11:

"11. In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Standards, and also documents with the expired effective period the worker of the service provider on documents acceptance refuses reception of an application and issues the receipt on refusal in documents acceptance in form, according to appendix 5 to this Instruction.

In representation cases through the portal uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Standards, and (or) documents with the expired effective period the service provider directs the notification on refusal in further review of documents.";

state Item 17 in the following edition:

"17. The termination of pledge in the register of pledge of personal estate is made based on the statement of the pawnbroker in form according to appendix 9 to this Instruction with provision of the document confirming execution of primary obligation by the pledger.

In the presence of other pawnbrokers on this property the termination of pledge is performed on provision of the document on their notification.

By results of consideration of documents the service provider registers the termination of pledge and sends to uslugopoluchatel the termination letter of pledge according to appendix 11 to this Instruction.";

state Item 19 in the following edition:

"19. The claim to decisions, actions (failure to act) of the service provider and (or) their workers concerning rendering the state services moves addressed to the head of the service provider.

The claim of uslugopoluchatel which arrived to the service provider, directly rendering the state services, is subject to consideration within five working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

Consideration of the claim is performed by the authorized body exercising state regulation and control of activities in the field of state registration of the rights to real estate, authorized body by assessment and control of quality of rendering the state services (further - the body considering the claim).

The claim is submitted to the service provider whose decision, action (failure to act) is appealed.

The service provider, whose decision, action (failure to act) is appealed, no later than three working days from the date of receipt of the claim sends it and administrative case to the body considering the claim.

At the same time the service provider whose decision, action (failure to act) is appealed, has the right not to send the claim to the body considering the claim if he within three working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.";

exclude Items 20 and 21;

In the Standard of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" approved by the specified order:

state Item 5 in the following edition:

2, 9 and 10 to the Instruction to be reworded as follows appendix according to appendix 1, 2 and 3 to this list.

2. In the order of the acting minister of justice of the Republic of Kazakhstan of August 24, 2007 No. 241 "About approval of Rules of state registration of object of condominium" (No. registered in the Register of state registration of regulatory legal acts 4945):

In the Rules of state registration of object of condominium approved by the specified order:

state Item 11 in the following edition:

"11. The list of the main requirements to rendering the state service is provided in the Standard of the state service "State Registration of Object of Condominium" (further - the Standard) according to appendix 2 to these rules.

Reception of an application and issue of result of rendering the state service is performed through the service provider, in the location of the real estate unit of uslugopoluchatel or the web portal of "the electronic government": www.egov.kz (further - the portal).

The basis for the procedure (action) for rendering the state service is the address of uslugopoluchatel to the service provider with document package according to the list provided in Item 8 of the Standard.

When rendering the state service the uslugopoluchatel provides consent to use of the data which are the secret protected by the law, containing in information systems if other is not provided by the laws of the Republic of Kazakhstan.

In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Standards, and also documents with the expired effective period the worker of the service provider on documents acceptance refuses reception of an application and issues the receipt on refusal in documents acceptance in form, according to appendix 3 to these rules.

In representation cases through the portal uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Standards, and (or) documents with the expired effective period the service provider directs the notification on refusal in further review of documents.";

exclude Item 14;

state Item 15 in the following edition:

"15. Suspension of the state service is performed no more than for one month on the following bases:

1) under the resolution (determination) of court based on claim and other statements (claims) which are filed a lawsuit;

2) according to acts of public prosecutor's supervision before elimination of violation of the law;

3) according to the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";

4) for submission of the documents by the applicant necessary for state registration according to article 21 of this Law if lack of necessary documents was not the basis for refusal in documents acceptance on registration;

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