ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2016 No. 98

About introduction of amendments to the order of the acting minister of justice of the Republic of Kazakhstan of May 28, 2015 No. 300 "About approval of regulations of the state services in questions of registration of the rights to real estate and registration of pledge of the personal estate which is not subject to obligatory state registration"

According to the subitem 2) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of May 28, 2015 No. 300 "About approval of regulations of the state services in questions of registration of the rights to real estate and registration of pledge of the personal estate which is not subject to obligatory state registration" (registered in the Register of state registration of regulatory legal acts for No. 11785, published in information system of law of Ad_let of September 3, 2015) the following changes:

The regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate" approved by the specified order to be reworded as follows 1) according to appendix 1 to this order;

The regulations of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" approved by the specified order to be reworded as follows 2) according to appendix 2 to this order;

The regulations of the state service "Issue of the Certificate of the Registered Rights (Encumbrances) to Real Estate and Its Technical Characteristics" approved by the specified order to be reworded as follows 3) according to appendix 3 to this order;

The regulations of the state service "Issue of Copies of the Documents of Registration Case Certified by Registering Body including the Plan (Schemes) of Real Estate Objects" approved by the specified order to be reworded as follows 4) according to appendix 4 to this order;

The regulations of the state service "Issue of the Certificate of Lack (Availability) of Real Estate" approved by the specified order to be reworded as follows 5) according to appendix 5 to this order;

The regulations of the state service "Issue of the Statement from the Register of Registration of Pledge of Personal Estate" approved by the specified order to be reworded as follows 6) according to appendix 6 to this order;

The regulations of the state service "Issue of Certificates of the Registered and Stopped Rights to Real Estate" approved by the specified order to be reworded as follows 7) according to appendix 7 to this order;

To be reworded as follows the regulations of the state service "Issue of the Duplicate of the Title Real Estate Document" approved by the specified order according to appendix 8 to this order;

The regulations of the state service "Issue of Technical Data Sheet of Real Estate Objects" approved by the specified order to be reworded as follows 9) according to appendix 9 to this order;

The regulations of the state service "Issue of the Duplicate of Technical Data Sheet of Real Estate Objects" approved by the specified order to be reworded as follows 10) according to appendix 10 to this order;

The regulations of the state service "Issue of Appendix to the Technical Data Sheet Containing the Information about the Owner (Owner) of Real Estate" approved by the specified order to be reworded as follows 11) according to appendix 11 to this order.

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

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within five working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2016 No. 98

Appendix 1

to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 28, 2015 No. 300

Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate"

1. General provisions

1. The state service is rendered based on the standard of the state Service "About Approval of Standards of the State Services in Questions of Registration of the Rights to Real Estate and Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 (it is registered in the Register of state registration of regulatory legal acts for No. 11408) (further - the Standard) territorial authorities of justice (further - the service provider).

2. Form of the rendered service - electronic (partially automated) and (or) paper.

3. Result of completion of the rendered service in case of the address:

1) in non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation) is the title document with mark on the made state registration of the rights (encumbrances) to real estate or suspension of registration or the written motivated answer about refusal in rendering the state service, in cases and on the bases, stipulated in Item 10 Standards, and also issue of the certificate on state registration (on paper) in the cases provided by legal acts of the Republic of Kazakhstan;

2) on the portal behind electronic registration the direction of the notice of registration or suspension of registration or the written motivated answer about refusal in rendering the state service, in cases and on the bases, stipulated in Item 10 Standards in the form of the electronic documents certified by the electronic and digital signature (further - the EDS) the authorized officer is.

By provision of the motivated answer about refusal in rendering the state service, the document on payment of the registration fee is shown by uslugopoluchatel in case of repeated submission of documents on registration (Item 6 of the Standard).

2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) of the service provider for rendering the state service is the statement for state registration (encumbrances of the rights) to real estate for physical person and legal entity (further - the statement):

in case of the address of uslugopoluchatel:

1) in the State corporation - according to the list of the documents provided in Item 9 of the Standard.

5. The worker of the service provider according to the functional obligations performs documents acceptance according to the book of accounting of documents from the State corporation, then during the working day gives packet of the accepted documents to archive to the executive in charge of the service provider who within 3 working days performs search and transfer of registration cases to department of registration of the rights to real estate, transfer of the performed documents in the State corporation according to the book of accounting of documents, the employee of department of registration of the rights to real estate of the service provider - consideration of the application and execution.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

6. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) the inspector of the State corporation - receiving and delivery of documents;

2) the inspector of the State corporation - the direction and receipt of documents from the service provider;

3) the worker of the service provider - documents acceptance according to the book of accounting of documents from the State corporation, search and transfer of registration case to department of registration of the rights to real estate, transfer of the performed documents to the inspector of the State corporation on the book of accounting of documents;

4) the employee of department of registration of the rights to real estate of the service provider - consideration of the application about state registration of the rights (encumbrances of the rights) to real estate for physical person and legal entity and execution.

7. The description of the sequence of procedures (actions) between structural divisions (workers with indication of duration of each procedure (action) are specified in the description of actions of the parties participating in rendering the state service according to appendix 1 to this regulations and the scheme of functional interaction according to appendix 2 to these regulations.

4. The description of order of interaction with the State corporation and (or) other service providers, and also procedure for use of information systems in the course of rendering the state service

8. In the State corporation documents acceptance is performed in the operational hall by means of "barrier-free servicing" on which surname, the name, middle name (are entered in case of its availability) and position of the employee of the center.

The most allowed time of expectation by uslugopoluchatel for delivery of documents - no more than 20 minutes.

The most allowed time of servicing of uslugopoluchatel - no more than 20 minutes.

For receipt of the state service the service provider provides the documents specified in Item 9 of the standard.

In case of documents acceptance in the State corporation the receipt on acceptance of the relevant documents according to Item 9 of the standard is issued to the receiver of the state service.

9. In the State corporation issue of ready documents to uslugopoluchatel is performed by the employee of the State corporation by means of "windows" daily based on the receipt in the time specified in it.

The most allowed time of expectation by uslugopoluchatel for receipt of documents - no more than 20 minutes.

The most allowed time of servicing of uslugopoluchatel - no more than 20 minutes.

10. The description of procedure for the address and the sequence of procedures (actions) of the service provider and uslugopoluchatel in case of electronic registration of the rights to real estate by means of ENIS are specified in the reference book of interaction of business processes when rendering the state service according to appendices 3 and 4 to these regulations:

1) after the certificate the notary of the transaction of the real estate unit and registration of this action in ENIS the notary draws up the request for electronic registration;

The notary finds 2) and chooses the real estate unit in ENIS for opening of the request for registration of the right;

3) when filling the request for registration of the right the notary pays attention to unique code of the request, specifies individual identification number (further - IIN) or business identification number (further - the BIN) and civil provision of uslugopoluchatel, in case of availability and in case of desire to receive the notification on e-mail - the e-mail address of uslugopoluchatel, number behind which the transaction of the real estate unit was registered in the register of ENIS of this notary registration date of the transaction of the real estate unit in the register of ENIS of this notary, attaches the title document; in case of belonging of uslugopoluchatel to category of persons which are exempted from payment of the state fee - specifies what preferential category person treats;

4) the notary signs the completed request EDS;

The notary unpacks 5) and gives to uslugopoluchatel the notification on successful sending the request for registration of the right (encumbrance);

6) the uslugopoluchatel will become authorized on the portal of the electronic government and, brings unique code of the request for registration of the right;

7) the uslugopoluchatel pays the necessary amount of the state fee and receives the created electronic check;

8) the service provider receives from ENIS the application for registration of the right and confirmation about payment of the state fee and makes the decision on registration of the right to the real estate unit or suspension or refusal in making of registration of the right to the real estate unit with indication of the reason of suspension or refusal;

9) the notification on successful registration of the right goes to ENIS and to personal mail of uslugopoluchatel in case specifying of the e-mail address of uslugopoluchatel in the request for registration of the right.

Appendix 1

to Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate"

The description of actions of the parties participating in rendering the state service

Actions of basic process (course, flow of works)
1	action No. (course, flow of works)	1.	2.	3.	4.	5.	6.	7.
2	Name of party concerned	Inspector of the State corporation	Inspector of accumulative department of the State corporation	Employee of judicial authority (registrar)	ENIS	PH IS GBD	Components of the electronic government of PEP and PShEP, AUPS	Inspector of department of issue of the State corporation
3	Name of action (process, procedure, transaction) and their description	Acceptance and verification of documents, entering of record about acceptance into the book of accounting of documents and issue of the receipt to the receiver of service.	Documents acceptance and sending them in judicial authority to the registrar; Acceptance of the performed documents from the service provider.	Documents acceptance according to the book of accounting of documents; Documents acceptance on registration from GBD RN.	Certificate of the transaction; Filling and sending request for registration; Sending the electronic version of the title document to IS GBD RN; Receipt of result of rendering service.	Receipt of data from the center and ENIS on the requests which arrived on registration; Sending data on change of the status of request.	Fixation in personal account of the applicant of the fact of receipt of service; Receipt of payment; Instruction of information on receipt of service.	Acceptance of the performed documents for issue to the applicant
4	Completion form (data, document, organizationally administrative decision)	Transfer to accumulative department of the center.	Transfer of the performed documents to the inspector of department of issue of the State corporation	Search and transfer of registration case for execution; Implementation of actions for registration; Entering of corresponding changes into IS GBD RN.	Notification on successful sending the request	Notification on completion of works on registration	Electronic check; the state service in the history of receipt of services in personal account of the applicant.	Issue of documents according to the receipt and the book of accounting of documents to the applicant
5	Terms execution	20 minutes	2 times a day	30 minutes on search and issue of one registration case; 1 days on registration after adoption of documents for execution	30-40 minutes on filling and sending the request	10 minutes	10 minutes	10 minutes
6	Number of the following action	2	3, 7	2, 5	6	3	5	-
7	Use option	Basic process	Basic process	Basic process, Alternative process	Alternative process	Basic process, Alternative process	Alternative process	Basic process

Use options. Basic process

Basic process (course, flow of works)
State corporation	Service provider	Service provider (archive)	Service provider (department of registration)
1. Verification of documents	4. Documents acceptance according to the book of accounting of documents	5. Search and transfer of registration case for execution	6. Consideration of the application and registration
2. Entering of record about acceptance into the book of accounting of documents	7. Transfer to the State corporation of the performed documents according to the book of accounting of documents
3. Issue of the receipt
8. Issue of the performed documents according to the receipt and the book of accounting of documents to the applicant

Use options. Alternative process

Alternative process (course, flow of works) or expansions
ENIS	Components of the electronic government of PEP and PShEP, AUPS	PH IS GBD	Employee of judicial authority (registrar)
1) the Notary certifies the transaction;	3) the Applicant finds the request for receipt of service of registration for PEP/AUPS;	5) the request and payment of the state fee Is accepted;	6) the Registrar accepts the request for registration and performs necessary actions;
The Notary fills 2) and sends the request for registration of the right (encumbrance) for real estate to IS GBD RN;	4) PShEP accepts payment of the state fee for registration;	8) Information on result of the state service goes to ENIS	7) the Registrar brings the corresponding data in IS GBD RN;
9) ENIS displays result of rendering service in personal account of the notary

 

Appendix 2

to Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate"

See Appendix 2 (70Kb In original language)

Appendix 3

to Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate"

See Appendix 3 (71Kb In original language)

Appendix 4

to Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate"

See Appendix 4 (0.22Mb In original language)

Appendix 2

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2016 No. 98

Appendix 2

to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of May 28, 2015 No. 300

Regulations of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration"

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