ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 5, 2010 No. 75

About Department of the inventory and registration of the rights to real estate under the Public registration service under the Government of the Kyrgyz Republic

List of amending documents

According to the Law of the Kyrgyz Republic "About approval of structure of the Government of the Kyrgyz Republic", the Presidential decree of the Kyrgyz Republic "About measures for ensuring implementation of the Law of the Kyrgyz Republic "About structure of the Government of the Kyrgyz Republic" of October 26, 2009 No. 425, articles 11 and 12 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the order of the Government of the Kyrgyz Republic of November 17, 2009 "About the Public registration service under the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides No. 708:

1. Approve enclosed:

- Regulations on Department of the inventory and registration of the rights to real estate under the Public registration service under the Government of the Kyrgyz Republic;

- the paragraph third Item 1 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 05.09.2016 No. 481

2. To impose control of execution of this resolution on the Public registration service under the Government of the Kyrgyz Republic.

Approved by the Order of the Government of the Kyrgyz Republic of February 5, 2010 No. 75

Regulations on Department of the inventory and registration of the rights to real estate under the Public registration service under the Government of the Kyrgyz Republic

1. General provisions

1. The department of the inventory and registration of the rights to real estate of the Public registration service under the Government of the Kyrgyz Republic (further - department) is the subordinated division of the Public registration service under the Government of the Kyrgyz Republic (further - Service) performing maintaining land cadastre, cadastral mapping, registration of the rights to real estate and providing the state protection of the registered rights to real estate.

2. The department in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions and orders of the Government of the Kyrgyz Republic, orders and orders of Service and this Provision.

3. The department is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and with the name in the state and official languages, separate balance, settlement and other accounts in system of treasury.

4. Financing of department is performed at the expense of the means of the republican budget and other sources which are not prohibited by the legislation of the Kyrgyz Republic, distributed by Service according to the approved estimates.

2. Tasks

5. The main objectives of department are:

- realization of single state policy on registration of the rights to real estate, land cadastre, cadastral mapping, and also market development of the earth and real estate;

- the analysis of condition and development of suggestions for improvement of the legislation in the field of registration of the rights to real estate, land cadastre, cadastral mapping, and also market development of the earth and the real estate and their introduction for consideration of Service for subsequent their introduction by Service for consideration of the Ministry of Justice of the Kyrgyz Republic;

- participation in creation, registration, forming and servicing of information resources within competence of department;

- ensuring functioning of single state system of the inventory and registration of the rights to real estate;

- ensuring the state protection of the registered rights to real estate;

- creation and updating of the State geographic information system on real estate based on the Unified State Register of Rights on real estate;

- forming and maintaining the State land cadastre within the competence;

- providing in the procedure for all interested persons established by the legislation information on real estate and the rights to it;

- increase in potential and qualification of employees of department;

- ensuring information security of personal nature.

3. Functions

6. Department according to the tasks assigned to it:

- performs management of single state system of registration of the rights to real estate, work according to the inventory and cadastral cartography;

- participates in ensuring forming, storage, use and safety of the state information resources;

- creates and services the state registers of the Kyrgyz Republic within the competence;

- provides realization of the rights of citizens and the organizations on access to information resources within the competence;

- carries out registration of the rights to real estate, keeps the unified register of the rights to real estate and in accordance with the established procedure provides data on the registered rights;

- performs collection and accounting of means of guarantee fund;

- submits for consideration of Service projects of regulatory legal acts concerning state registration of the rights to real estate, land cadastre and maintaining the Unified State Register of Rights and land cadastre, and also market development of the earth and the real estate, for the subsequent introduction by their Service for consideration of the Ministry of Justice of the Kyrgyz Republic;

- participates in creation and maintaining Single information and geographic information system;

- provides accounting of all arrests and prohibitions, and also timely removal of arrests and prohibitions in case of receipt by registration bodies of the relevant decision and notification;

- carries out the analysis and submits for consideration of Service of the offer on establishment of rates for services in registration of the rights to real estate, cadastral and other works performed by territorial subdivisions of Department;

- will organize and keeps the State land cadastre, with creation of the annual land status report and use of land fund of the Kyrgyz Republic within the competence;

- establishes accounting treatment, storages, issues of registration, cadastral materials and control over reproduction and storage of these materials;

- the paragraph the fourteenth Item 6 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 28.03.2014 No. 185

- provides implementation and development of National system of coordinates together with other state bodies;

- carries out cadastral survey and forming of real estate units;

- makes withdrawal of the parcels of land in nature (on the area), and also establishment and fixing of borders of land use of legal entities and physical persons;

- makes separation and consolidation of units of real estate based on statements of owners;

- the paragraph the nineteenth Item 6 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 05.01.2016 No. 1

- makes registration, issue and document registration, certifying the rights to the parcel of land based on documents of title;

- prepares in accordance with the established procedure at the request of Service land management materials, drafts of the orders of the Government of the Kyrgyz Republic about provision of the parcels of land, transfer of lands from one category in another, and submits them for consideration of Service, for the subsequent introduction by Service for consideration of the Ministry of Justice of the Kyrgyz Republic;

- the paragraph of the twenty second of Item 6 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 28.03.2014 No. 185

- carries out expertize of documentation on the cadastral survey executed by physical persons and legal entities irrespective of financing source;

- conducts technical examination of units of real estate and issue of technical data sheet;

- performs accounting, storage and issue of registration and cadastral materials;

- takes part in implementation of the state assessment (revaluation) of real estate for the purposes of the real estate taxation;

- provides creation of the register on taxable basis of the real estate;

- performs permanent studying and the analysis of the factors exerting impact on market value of the real estate;

- takes part in creation of the information database about real estate, including all data on land resources;

- provides in accordance with the established procedure local public administrations and local government bodies, and also consumers with information on the real estate market and land cadastre;

- takes part in development of technique of real estate appraisal, including the earth;

- participates in accordance with the established procedure in carrying out tenders and biddings of real estate;

- participates in the dispute resolution on real estate within the competence;

- participates in accordance with the established procedure in work of the commissions on questions of delimitation and demarcation of the line of frontier of the Kyrgyz Republic with the adjacent states;

- within the competence in accordance with the established procedure levies stipulated by the legislation charges of the Kyrgyz Republic and enlists them into special accounts in system of treasury of the Ministry of Finance of the Kyrgyz Republic;

- in accordance with the established procedure considers addresses, claims, statements and proposals of citizens and legal entities;

- performs international cooperation on the questions carried to competence of department.

4. Rights

7. The department has the right:

- issue according to the legislation of the Kyrgyz Republic orders, orders within the competence;

The paragraph third Item 7 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 28.03.2014 No. 185

- request and receive in accordance with the established procedure from the ministries and departments, regional authorities, legal entities and physical persons of the data on real estate, land resources, results of tool and aerial photography, and also the planned cartographic materials, meteorological data this the water inventory and other materials necessary for carrying out all complex of registration and cadastral works;

- perform the publishing and other activities which are not prohibited by the legislation of the Kyrgyz Republic;

- perform according to the nomenclature matching, arrangement and personnel training in divisions of department;

- publish scientific and methodical recommendations about conducting state registration of the rights to real estate, carrying out cadastral survey and cadastral mapping;

- act on its own behalf, within the delegated powers, as the claimant and/or the defendant in courts;

- perform other rights within the competence, necessary for realization of functions of department, according to the legislation of the Kyrgyz Republic.

5. Organization of activities

8. The department is headed by the director appointed to position and dismissed by the Prime Minister of the Kyrgyz Republic on representation of the chairman of Service.

9. In department there is deputy director appointed and dismissed by the chairman of Service on representation of the department director.

10. Functional obligations of the director, his deputy are determined by the Chairman of Service.

11. The structure and the number of staff of central office of department affirm the chairman of Service.

12. Department director:

- exercises control of department and its territorial authorities;

- bears the personal responsibility for accomplishment of the tasks and functions assigned to department;

- issues, within the competence, the orders and orders obligatory for execution by employees of department and territorial authorities;

- approves structure and the staff list of territorial authorities;

- appoints to position and dismisses employees of department according to the nomenclature;

- determines functional obligations of employees of department;

- represents the interests of department in state bodies and other organizations;

- makes offers in Service on structure and the number of staff of central office of department;

- issues in accordance with the established procedure powers of attorney on representation of interests of department in judicial and other state bodies;

- imposes in accordance with the established procedure authority punishments on employees of department and territorial authorities;

- encourages in accordance with the established procedure the caused a stir staff of department and territorial authorities, and also makes offers in Service on assignment to workers of honorary titles and rewarding with departmental and state awards of the Kyrgyz Republic;

- in accordance with the established procedure disposes of means and manages property of department;

- performs other functions and powers on management of activities of department according to the legislation of the Kyrgyz Republic and this Provision.

6. Liquidation and reorganization

13. Liquidation and reorganization of department are performed according to the legislation of the Kyrgyz Republic.

Approved by the Order of the Government of the Kyrgyz Republic of February 5, 2010 No. 75

The scheme of management of Department of the inventory and registration of the rights to real estate under the Public registration service under the Government of the Kyrgyz Republic

Voided according to the Order of the Government of the Kyrgyz Republic of 05.09.2016 No. 481

 

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