ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 4, 2023 No. 217

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.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 4, 2023 No. 217

The list of some orders to which changes are made

1. Bring 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), the following changes:

in the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration, approved by this order:

be reworded as follows Item 5:

"5. Reception of an application and issue of result of rendering the state service is performed through the service provider, the web portal of "the electronic government" www.egov.kz or through objects of informatization according to the List of the main requirements to rendering the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" (further - the List), stated according to appendix 1 to this Instruction.";

be reworded as follows Item 6:

"6. Registration of pledge of the personal estate which is not subject to obligatory state registration is made based on the application of uslugopoluchatel submitted by means of the web portal of "the electronic government", and also other objects of informatization, according to the procedure determined by the Ministry according to article 5 of the Law "About Registration of Pledge of Personal Estate.";

be reworded as follows Item 7:

"7. The basis for state registration of pledge of personal estate is the statement in form according to appendix 2 to this Instruction with application of documents according to Item 8 of the List.";

be reworded as follows Item 8:

"8. Term of rendering the state service: from the moment of delivery of document package uslugopoluchatel in case of the address to the service provider within 2 working days from the moment of adoption of the statement:

on the www.egov.kz portal, or objects of informatization the state service is rendered within 1 working day from the moment of receipt in information system of registering body of confirmation about payment of collection for state registration of pledge of personal estate or release from payment.";

be reworded as follows Item 10:

"10. When rendering the state service the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems turns out in writing, or confirmed with the digital signature or by means of the subscriber structure of cellular communication.".

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

seven Item 12 to be reworded as follows the paragraph:

"12. In case of identification of violations in the submitted documents for registration of pledge of the personal estate which is not subject to obligatory state registration, the service provider takes out refusal in form according to appendix 8 to this Instruction on the bases, stipulated in Item 9 Lists.";

be reworded as follows Item 13:

"13. In case of registration of concession of the rights (requirements) the uslugopoluchatel provides the statement for registration of modification and amendments in form according to appendix 9 to this Instruction with application of documents, stipulated in Item 8 Lists.";

be reworded as follows Item 18:

"18. Correction of the technical mistakes made in case of registration of pledge of the personal estate which is not subject to obligatory state registration is made according to the statement of the interested person.

The service provider performs verification of the data specified in the registration application, verifies data with archive materials.

The service provider performs correction of technical mistakes by means of entering of additional record into the register of pledge of personal estate into the column "special marks", and also the registration certificate of pledge.

The Ministry of Justice sends information on the made changes and (or) additions to the Instruction in the organizations performing reception of an application and issues of result of rendering the state service, to the service provider and Single contact center.";

To state appendix 1 to the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration in edition according to appendix 1 to this List;

To state appendix 5 to the Instruction for registration of pledge of the personal estate which is not subject to obligatory state registration in edition according to appendix 2 to this List.

2. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of August 24, 2007 No. 244 "Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document" (No. registered in the Register of state registration of regulatory legal acts 4939), the following changes:

in Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document, the approved this order:

be reworded as follows Item 7:

"7. For receipt of the state service the uslugopoluchatel submits the application in form according to appendix 1 to these rules (further – the statement) with application of documents according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service "Issue of the Duplicate of the Title Real Estate Document" (further – the List) according to appendix 2 to these rules through the service provider on the location of the real estate unit of uslugopoluchatel or through the web portal of "the electronic government": www.egov.kz (further – the portal).".

exclude Item 8.

be reworded as follows Item 9:

"9. In case of filing of application through the service provider the employee of department of receiving and delivery of documents of the service provider performs documents acceptance and sends them to management (department) of registration of the rights to real estate.

In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists, 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 Lists, and (or) documents with the expired effective period, the service provider directs the notification on refusal in further review of documents.

In case of presentation to the employee of department of receiving and delivery of documents of the service provider of complete document package to uslugopoluchatel the receipt on their acceptance with indication of date and time of receipt of result of the state service is issued.";

be reworded as follows Item 10:

"10. The employee of management (department) of registration of the rights to real estate performs documents acceptance from department of documents acceptance, requests registration cases from archive.";

be reworded as follows Item 11:

"11. Then the employee of management (department) of registration of the rights to real estate performs verification of the documents submitted on state registration including check of legality of the made transaction and (or) other dispositive facts (legal structures) which are the bases of origin, change, termination of the rights (encumbrance) to real estate or other subjects to state registration on compliance to the current legislation.

The data which are the state electronic information resources necessary for state registration of the rights to real estate, the employee of management (department) of registration of the rights to real estate receives from the corresponding state information systems in the form of the electronic documents certified by its personal digital signature.

The employee of management (department) of registration of the rights to real estate enters record into information system of the legal inventory about cancellation of the original of the title document and issue of the duplicate of the title document or on refusal in cases, stipulated in Item 9 Lists.

The employee of management (department) of registration of the rights to real estate in case of compliance of the submitted documents, stipulated in Item 8 Lists, prepares the duplicate of the title real estate document with the mark "duplicate", puts down stamp of registering body in form according to appendix 4 to these rules.

After implementation of the procedure for preparation of the duplicate or preparation of the notification on refusal documents are sent for consideration to management, for subsequent their signing.

Signed documents are transferred to department of receiving and delivery of documents, for the subsequent issue of the duplicate of the title document or the notification on refusal of issue of the duplicate of the title document to uslugopoluchatel.

In case of refusal in issue of the duplicate the employee of management (department) of registration of the rights to real estate sends to uslugopoluchatel (the authorized representative of the applicant) the written notice of refusal on the bases, stipulated in Item 9 Lists.".

be reworded as follows Item 13-1:

"13-1. In case of availability of the bases for refusal in rendering the state service, stipulated in Item 9 Lists of the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 working days prior to completion of term of rendering the state service.

The objection of uslugopoluchatel according to the provisional solution is accepted by the service provider within 2 working days from the date of its obtaining.

By results of hearing the service provider makes the decision on issue of the duplicate of the title document or creates motivated refusal.";

be reworded as follows Item 16:

"16. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services according to the procedure, established by authorized body, in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law "About the State Services";

The Ministry of Justice sends information on the made changes and (or) additions to Rules in the organizations performing reception of an application and issues of result of rendering the state service, to the service provider and Single contact center.".

Appendix 2 to Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document to state in edition according to appendix 3 to this List;

Appendix 3 to Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document to state in edition according to appendix 4 to this List.

3. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of August 24, 2007 No. 241 "Rules of rendering the state service "State Registration of Object of Condominium" (No. registered in the Register of state registration of regulatory legal acts 4945), the following changes:

in the Rules of rendering the state service "State Registration of Object of Condominium" approved by this order:

be reworded as follows Item 11:

"11. 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) according to the List of the main requirements to rendering the state service "State Registration of Object of Condominium" (further – the List) stated according to appendix 1 to these rules.".

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 List.

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 Lists, 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 Lists, and (or) documents with the expired effective period, the service provider directs the notification on refusal in further review of documents.";

be reworded as follows Item 12:

"12. Procedure for rendering the state service through the service provider:

The employee of department of receiving and delivery adopts the statement and documents according to Item 8 of the List, sends electronic copies of documents of uslugopoluchatel to department of registration of the rights to real estate.

The receipt on acceptance of the relevant documents is issued to Uslugopoluchatel.

The employee of department of registration of the rights to real estate by results of consideration of documents registers object of condominium or stops registration or prepares the motivated answer about refusal on the bases provided by Items 3 and 9 of the List then represents result of the state service for the signature to management of the service provider.

The management of the service provider by means of the digital signature (further – the EDS) signs result of the state service.

Result of the procedure (action): the direction of the rendering the state service to the employee of department of registration of the rights to real estate signed by means of the EDS the notification on result.

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