ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 4, 2014 No. 173

About questions of rendering by the Ministry of Transport and Communications of the Republic of Kazakhstan of the state services in the field of merchant shipping, survey of the organizations and test laboratories

According to Item 3) of article 6 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) standard of the state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)";

2) standard of the state service "State Registration of Courts and the Rights to Them in the State Ship Register of Ocean Ships";

3) standard of the state service "State Registration of Ocean Ships in the Bare-boat — the Charter Register";

4) standard of the state service "State Registration of the Property Rights to the Vessel Under Construction in the Register of Courts Under Construction";

5) standard of the state service "Issue of Permission to Implementation of Cabotage by the Courts Floating under the flag of Foreign State";

6) standard of the state service "Carrying Out Engineering Certification of the Organizations and Test Laboratories".

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of July 31, 2012 No. 1008 "About approval of standards of the state services rendered by the Ministry of Transport and Communications of the Republic of Kazakhstan in the field of sea transport" (SAPP of the Republic of Kazakhstan, 2012, No. 64, the Art. 907);

2) item 4 of changes which are made to some decisions of the Government of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of June 18, 2013 No. 612 "About modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 38, the Art. 555).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of March 4, 2014, No. 173

Standard of the state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)"

1. General provisions

1. The state service "State Registration of Mortgage of the Vessel (Vessel Under Construction)" (further - the state service).

2 The standard of the state service is developed by the Ministry of Transport and Communications of the Republic of Kazakhstan (further - the Ministry).

3. The state service is Sea port administration (further - the service provider) which is territorial subdivision of the Ministry.

Reception of applications and issue of result of rendering the state service are performed through office of the service provider.

2. Procedure for rendering the state service

4. Term of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel to the service provider it is performed in day of the address;

2) the most allowed time of expectation for delivery of document package to the service provider - 20 minutes;

3) the most allowed time of servicing of uslugopoluchatel - 30 minutes.

5. Form of rendering the state service: paper.

6. Result of rendering the state service - the certificate on state registration of mortgage of the vessel (the vessel under construction), or the motivated answer on refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

7. The state service is rendered on paid basis.

Collection for state registration of courts is performed at the rates and according to the procedure, the established Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget (Tax code)". The rate of charge constitutes:

1) for physical persons - 1 (one) monthly settlement indicator (further - MRP);

2) for legal entities of 5 (five) MRP.

Payment of the amount of collection is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities.

8. Working schedule of the service provider: Monday through Friday inclusive, from 8:30 till 17:30 o'clock, with lunch break from 12:30 till 13:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

The state service is rendered on the first-come, first-served basis without making an appointment and the accelerated servicing.

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) to the service provider:

1) the statement for state registration of mortgage of the vessel (the vessel under construction) in any form in which are specified:

the data identifying the vessel (the name of the vessel, registration number, place of registration, register number, type and class, the tonnage of the vessel) or the vessel under construction (the place in which construction of the vessel, postroyechny number, type of vessel, length of Kiel and another main dimensions, register number is performed);

name and address of uslugopoluchatel (pledger) of mortgage;

name and the address of the pawnbroker of mortgage or data that she is established to bearer;

the maximum size of the obligation provided with mortgage in case of establishment of mortgage on two or more courts or courts under construction the size in which the obligation is provided with each vessel separately in the presence of the agreement of the parties on it;

end date of mortgage of the vessel or vessel under construction;

2) the contract on mortgage of the vessel or the vessel under construction with the documents specified in the agreement.

Requirements to the documents submitted on state registration of courts:

1) documents are constituted in the state or Russian languages;

2) official foreign documents legalizovyvatsya in foreign institutions of the Republic of Kazakhstan if other is not stipulated by the legislation the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.

If the submitted documents are constituted in foreign language, notarized transfer in the state or Russian languages is applied to them;

3) texts of documents shall be written is legible, the name and details of legal entities - without reducings;

4) documents shall not have erasures or additions, the crossed-out words and other corrections which are not stipulated in them, documents completed with pencil and also documents with the damages which are not allowing to interpret unambiguously their content;

5) the document necessary for registration, is submitted in the original with the copy. The original of the document after reconciliation with the copy returns to the consumer. In case of non-presentation of the original of the document, notarially attested copy is provided.

Issue of result of rendering the state service to uslugopoluchatel is performed by the worker of the service provider the mailing or in case of personal visit under list and on presentation of the identity document and/or power of attorney (it is shown by the representative of uslugopoluchatel).

10. The basis for refusal in rendering the state service is the case if the agreement on mortgage of the vessel or the vessel under construction or documents attached to such agreement do not conform to requirements of state registration of mortgage of the vessel or vessel under construction.

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