ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 27, 2017 No. 490

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 "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"

According to the subitem 1) 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 Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 "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" (registered in the Register of state registration of regulatory legal acts for No. 11408, published in information system of law of Ad_let of July 9, 2015) the following changes:

1) in the Standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" approved by the specified order:

state item 4 in the following edition:

"4. Terms of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel in case of the appeal to the State corporation:

on state registration of origin, change or the termination of the rights (encumbrances of the rights) to real estate and other subjects to state registration - within three working days from the moment of receipt of the statement to the service provider, (day of documents acceptance does not enter rendering the state service in time);

on state registration of the rights to real estate in the accelerated procedure - the next working day from the moment of receipt of the statement in the State corporation (if in the State corporation the statement is adopted after 18 hours or on Saturday, then calculation of term for the service provider begins the next working day);

on registration of encumbrances (the terminations of the encumbrances) imposed by state bodies and other authorized persons and also legal claims from the moment of receipt of the statement of uslugopoluchatel - it is performed immediately (the performed documents are issued to uslugopoluchatel no later than one working day from the moment of receipt of the statement to the service provider);

in case of registration for the first time, the arising right to real estate units with a total area more than 1000 square meters based on the act of the state inspection (and in the cases established by the state standard rates the act of inspection) about acceptance of the constructed object in operation and the difficulties belonging to the first category, it is issued for the second working day.

Categories of complexity of the real estate unit is reflected in technical data sheet.

Rendering the state service stops no more than for one month in the following cases:

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

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

according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing";

non-presentations by uslugopoluchatel of all documents, stipulated in Item 9 these standards of the state service if lack of necessary documents was not the basis for refusal in documents acceptance on registration;

for receipt of explanations or reclamation from state bodies of necessary information in connection with its absence in the documents proceeding from such bodies or availability of contradictions in such documents if the specified circumstances were not the bases for refusal in documents acceptance on registration;

in case of discrepancy of the subject to registration established based on documents of title, and the subject to registration specified in the statement for elimination of contradiction between them.

The decision on suspension of rendering the state service is made by the service provider from the moment of documents acceptance, but no later than the expiration of rendering the state service.

In case of suspension of rendering the state service the service provider sends to the State corporation, to single notarial information system (further - ENIS), on the portal in personal account of uslugopoluchatel and e-mail addresses of participants of the transaction (in the presence) the written notice with indication of the reasons and terms of suspension for the subsequent issue of the notification to uslugopoluchatel (the authorized representative of uslugopoluchatel).

According to the transactions certified by the notary the state service it appears notaries by interaction of ENIS and the direction of the electronic copy of the title document in information system of the legal inventory (further - electronic registration).

In case of electronic registration in case of lack of confirmation about payment of collection through payment gateway of "the electronic government" (further - PShEP) within three working days from the moment of receipt of electronic request, in the state database of "the register of the real estate" (further - GBD RN) rendering the state service automatically stops;

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

3) the most allowed time of servicing of uslugopoluchatel - 20 minutes.

From the moment of the address of uslugopoluchatel to the notary, electronic registration appears no later than one working day following behind day of receipt in information system GBD RN of confirmation about payment of collection or release from payment of collection for state registration.";

state Item 9 in the following edition:

"9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (owner) or his representative:

for the legal entity according to the document confirming powers;

for physical person under the notarized power of attorney or other document confirming its powers.

When registration is performed based on the power of attorney, two copies of the power of attorney, one of which is the original or notarially certified copy, are represented. The original of the power of attorney after registration returns to the applicant (authorized representative):

1) in the State corporation:

for physical person:

the statement for state registration of the rights (encumbrances of the rights) to real estate of the established form according to appendix 2 to this standard of the state service.

In case of state registration of origin, change or the termination of the right of common joint property the application for registration can be submitted by all participants or one of them with representation of consent of other participants certified in notarial procedure;

the identity document of uslugopoluchatel (physical person) (the original is provided for identification of the identity of uslugopoluchatel);

the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land the identification document on the parcel of land is submitted.

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