Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 8, 2017 No. 77

About approval of the Instruction about right to claim order of registration on obligation fulfillment (under the agreement) concerning personal estate

For the purpose of implementation of article 21 of the Law of the Kyrgyz Republic "About pledge", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Instruction about right to claim order of registration on obligation fulfillment (under the agreement) concerning personal estate according to appendix.

2. To the central mortgage registration office under the Ministry of Justice of the Kyrgyz Republic in accordance with the established procedure to take the measures directed to implementation of this resolution.

4. This resolution becomes effective from the date of official publication.

Prime Minister

S. Zheenbekov

Appendix

The instruction about right to claim order of registration on obligation fulfillment (under the agreement) concerning personal estate

1. General provisions

1. This Instruction is developed according to the Law of the Kyrgyz Republic "About pledge" and determines order of registration, modification and the termination of right to claim by obligation fulfillment (under the agreement) concerning personal estate and issue of information from the Unified State Register of Rights of the requirement of personal estate about the registered right to claim for obligation fulfillment (under the agreement) concerning personal estate.

2. In this Instruction the following terms and determinations are used:

The Unified State Register of Rights of the requirement of personal estate (further - EGRPTNDI) - the single electronic database of the registered rights of requirements for obligation fulfillment (under the agreement) concerning personal estate.

The central mortgage registration office under the Ministry of Justice of the Kyrgyz Republic (further - TsZRK) - state body to which duties maintaining EGRPTNDI and entering of record into the mortgage notification based on the statement of the pawnbroker which is registered in EGRPTNDI belongs.

Registration of right to claim on obligation fulfillment (under the agreement) concerning personal estate - the voluntary procedure performed electronically by means of which the right to claim on obligation fulfillment (under the agreement) concerning personal estate is registered in EGRPTNDI. Registration of right to claim (under the agreement) concerning personal estate determines the priority right of the pawnbroker by obligation fulfillment.

The statement - the form of the established sample containing the main information on right to claim on obligation fulfillment (under the agreement) concerning personal estate, provided by the pawnbroker in TsZRK which is registered in EGRPTNDI.

The user - person having access to registration, modification and the termination of right to claim on obligation fulfillment (under the agreement) concerning personal estate.

The specialist registrar is the employee of TsZRK which performs registration, modification and termination of right to claim on obligation fulfillment (under the agreement) concerning personal estate based on the statement of the pawnbroker and provides the statement from EGRPTNDI.

The pawnbroker - person whose requirements for primary obligation are provided with pledge.

The pawnbroker registrar - the authorized person (physical person or legal entity) performing registration, modification and the terminations of right to claim on obligation fulfillment (under the agreement) concerning personal estate in EGRPTNDI.

The database manager - the authorized person of TsZRK which assigns number ID of the user giving opportunity of creation of administrators of groups and specialists registrars.

The administrator of group of pawnbrokers registrars - the authorized person of the pawnbroker (physical person or legal entity) to which number ID of the user giving opportunity of creation of the administrator of group of pawnbrokers and pawnbrokers registrars is assigned.

The automated information system (further - AIS) - the software providing functioning EGRPTNDI.

Authorization - identification of the user in EGRPTNDI which grants the right to accomplishment of certain actions in the database.

Authentication in AIS - the procedure of check of authenticity of the data identifying the user in the automated information system.

Accounting record - the data necessary for recognition of the user.

Number ID of the user - personal individual number which is assigned to AIS in case of primary registration to the user for the subsequent access to registration, modification and the termination of right to claim on obligation fulfillment (under the agreement) concerning personal estate in EGRPTNDI.

Login - unique set of letters and/or figures which is necessary for identification of the user and access to the database.

The password - confidential character set which protects the account of the user.

Private office of the user - the individual Section in AIS, access to which is provided on the protected connection. The private office contains data on registration, modification and the termination of right to claim on obligation fulfillment (under the agreement) concerning personal estate, the number of actions for certain period, number ID of the user and payments.

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