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JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 1, 2018 No. 1520, on November 2, 2018 No. 55

About approval of criteria for evaluation of risk degree and checking leaf in the sphere of registration of the rights to real estate

(as amended on 07-04-2021)

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the sphere of registration of the rights to real estate according to appendix 1 to this joint order;

2) checking leaf in the sphere of registration of the rights to real estate according to appendix 2 to this joint order.

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

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

2) within ten calendar days from the date of state registration of this joint order the direction it in the Kazakh and Russian languages 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 official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of the copy of this joint order on official the Internet - resource of the Ministry of Justice of the Republic of Kazakhstan.

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

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

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

Minister of national economy of the Republic of Kazakhstan

T. Suleymenov

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

Appendix 1

to the Joint Order of the Minister of Justice of the Republic of Kazakhstan the Minister of national economy of the Republic of Kazakhstan of November 1, 2018 No. 1520, of November 5, 2018 No. 55

Criteria for evaluation of risk degree in the sphere of registration of the rights to real estate

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the sphere of registration of the rights to real estate (further - Criteria) are developed according to the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 (further - the Code), the Law of the Republic of Kazakhstan of July 26, 2007 "About state registration of the rights to real estate" and Rules of forming of system of risks assessment by the state bodies approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts No. 17371), for selection of subjects of control for the purpose of carrying out preventive control with visit of the subject of control.

2. In these Criteria the following concepts are used:

1) the subject of control – branches of Non-commercial joint-stock company "The Government for Citizens state corporation, performing state registration in the location of real estate (further - registering body);

2) insignificant violations – violation of the requirements established by the legislation of the Republic of Kazakhstan in the sphere of state registration of the rights to real estate in part:

non-presentations of statistical and other reporting information in the field of state registration of the rights to real estate quarterly, with the accruing result to the 5th of the following behind the accounting period in paper form;

not departures of the request for blocking of login of the dismissed employee used for work in GBD "RN".

3) considerable violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the sphere of state registration of the rights to real estate connected with:

non-admission of reclamation from uslugopoluchatel of documents which can be received from information systems;

non-admission of unreasonable suspension in carrying out state registration of the rights to real estate;

provision of the copy of documents, being in registration case of the legal inventory, shall be provided by registering body no later than three working days from the date of giving of request for receipt of information;

observance by the service provider of business processes of rendering the state service;

availability of one and more confirmed claim or address;

use for work in GBD "RN" employees of login of other responsible;

4) gross violations – violations of the requirements established by the legislation of the Republic of Kazakhstan in the sphere of state registration of the rights to real estate which can lead to fundamental breaches of the rights, freedoms and legitimate interests of uslugopoluchatel namely:

non-admission of carrying out state registration of the rights to real estate in case of discrepancy of subjects and objects of legal relationship, type of the right or encumbrance of the right to real estate and other subjects to registration or the bases of their origin, change or termination to requirements of the legislation;

non-admission of carrying out state registration of the rights to real estate in the presence in the legal inventory of the encumbrances (arrest) excluding state registration of the right or other subject to state registration;

non-admission of carrying out registration of the encumbrances imposed by state bodies and other authorized persons and also legal claims from the moment of receipt of the statement in registering body;

non-admission of carrying out state registration of the right to person included in the list of the organizations and faces tied with financing of terrorism and extremism;

non-admission of carrying out state registration of the rights to real estate in case of incomplete document package, the rights to real estate, necessary for state registration;

non-admission of unreasonable refusal in state registration of the rights to real estate;

adherence to deadlines of carrying out state registration;

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