I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2015 No. 165

About approval of Rules of state registration of courts and the rights to them

According to subitem 55-2) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of state registration of courts and the rights to them.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation 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 it the copy on official publication in periodic printed publicity materials and information system of law of Ad_let of 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";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. I reserve control of execution of this order.

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

It is approved Minister of Foreign Affairs of the Republic of Kazakhstan April 13, 2015

_____________________ Idrisov E. A.

It is approved Minister of national economy of the Republic of Kazakhstan April 6, 2015

_____________________ Dosayev E. A.

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 165

Rules of state registration of courts and rights to them

Chapter 1. General provisions

1. These rules of state registration of courts and the rights to them (further - Rules) are developed according to subitem 55-2) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for state registration of courts and the rights to them.

2. Rules extend to the vessels used for the purpose of merchant shipping. Rules do not extend to vessels, flying the flag Naval forces of the Republic of Kazakhstan and sea parts of the Border service of Committee of homeland security of the Republic of Kazakhstan.

3. Rules extend to all physical persons and legal entities (further - the applicant).

4. In Rules the following basic concepts are used:

1) age of the ship - the period of time which passed of year of construction as it is specified in the document on registration of the vessel;

2) the Kazakhstan freighter - the legal entity or physical person of the Republic of Kazakhstan which is the chartering agreement party to which the vessel for certain term is provided;

3) authorized body – Committee of rail and water transport of the Ministry of transport of the Republic of Kazakhstan.

5. State registration of courts and the rights to them in the State ship register of ocean ships (further - the State ship register), the international ship register of the Republic of Kazakhstan (further - the international ship register) and the bare-boat - the charter register is performed by Maritime administration of port.

Maintaining registers of ocean ships of the Republic of Kazakhstan (The state ship register, the international ship register and the bare-boat - the charter register) is performed by Maritime administration of port on the electronic medium in forms according to appendix 1 to these rules.

6. Maritime administration of port provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services according to the procedure, established by authorized body in the field of informatization.

When rendering the state service by means of the state information system of permissions and notifications, data on stage of rendering the state service arrive in automatic mode in information system of monitoring of rendering the state services.

The authorized body within three calendar days after state registration of the regulatory legal act, sends information on the made changes and (or) additions to the these rules determining procedure for rendering the state service, to the service provider and in Single contact center.

7. Requirements to the documents submitted on state registration of courts:

1) documents are constituted on state or Russian;

2) official foreign documents are subject to legalization in foreign institutions of the Republic of Kazakhstan abroad if other is not stipulated by the legislation the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.

Notarially attested copies of documents concerning which the specified requirements are fulfilled can be also taken cognizance. If the submitted documents are constituted in foreign language, notarized transfer on state or Russian is applied to them;

3) texts of documents shall be written is legible, the name and details of legal entities - without reducings;

4) the documents having erasures or additions, the crossed-out words and other corrections which are not stipulated in them, documents performed by pencil and also documents with the damages which are not allowing to interpret unambiguously their content are not subject to acceptance on state registration.

8. Data on issue of the duplicate of the document certifying state registration of the vessel are entered in the register in which the vessel is registered.

9. In case of change of distinguishing signal of the data on it are entered in the corresponding register.

Chapter 2. Procedure for state registration of courts in the State ship register of ocean ships

10. In the State ship register ocean, passenger, passenger, oil, tug boats, floating drilling rigs, dry cargo ships, floating cranes and vessels of the technical fleet (dredges and another), and also the vessels which are not small size vessels are subject to registration.

11. The vessels which are in property of the foreign legal entities performing activities in the Caspian Sea through the branches registered in the procedure established by the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations", according to the Production sharing agreement across the Northern Caspian Sea of November 18, 1997 (the contract companies, the operator, agents), with age vessels no more than five years and constructed (acquired) for implementation of the North Caspian project, are subject to registration in the State ship register.

At the same time the requirement of part one of this Item on age of the ship does not extend to the vessels which are earlier registered in ship registers of the Republic of Kazakhstan, and also in subsequent to any foreign legal entity performing activities in the Caspian Sea through the branches registered in the procedure established by the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations" according to the Production sharing agreement across the Northern Caspian Sea of November 18, 1997 (the contract companies, the operator, agents) transferred by the owner to the possession.

12. By transfer of the vessel registered in the State ship register under the agreement of bare-boat charter Maritime administration of port:

1) in the column "Notes" of the State ship register based on the statement of the owner with appendix of the agreement of bare-boat charter the corresponding record with indication of the duration of the agreement of bare-boat charter is made;

2) data of the freighter on the agreement of bare-boat charter are entered in the column "Name of the Shipowner and His Address".

At the same time on the vessel there shall be original certificate about the right of navigation of the ocean ship under National flag of the Republic of Kazakhstan.

13. For registration of the vessel in the State ship register the applicant directs the application in form, according to appendix 2 to these rules, by means of the portal of "the electronic government" www.egov.kz (further – the portal) with application of documents according to the list of the main requirements to rendering the state service "State Registration of Courts in the State Ship Register of Ocean Ships" according to appendix 3 to these rules (further – the list of the main requirements to rendering the state service 1).

Data on identity documents of the owner (concerning physical persons) or about state registration of legal person owner (concerning legal entities) turn out from the corresponding state information systems through lock of "the electronic government".

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the list of the main requirements to rendering the state service 1.

Aggregate term of consideration of documents and issue of result of the state service constitutes 2 (two) working days.

In case of submission of documents through the portal the notification on adoption of the statement with indication of the date of receipt of result of the state service goes to "personal account" of the applicant.

14. The description of sequence of operations of Maritime administration of port in case of registration of courts in the State ship register of ocean ships, re-registration of courts in the State ship register of ocean ships, exception of courts of the State ship register of ocean ships:

1) the clerk of Maritime administration of port registers the statement on the portal and sends it to the head of Maritime administration of port (further – the head);

2) the head directs the application for execution to the executive in charge;

3) the executive in charge considers the documents of the applicant necessary for rendering the state service, on their completeness and compliance to the requirements established by these rules prepares and brings result of rendering the state service on signing to the head;

4) the head signs result of rendering the state service by means of the digital signature;

5) the applicant receives result of rendering the state service in "personal account".

15. The service provider within 2 (two) working days from the moment of receipt of documents of uslugopoluchatel, checks completeness of the submitted documents.

In case of representation uslugopoluchately incomplete document package the service provider in the specified terms gives motivated refusal in further review of the statement.

The refusal in rendering the state service is performed on the bases according to the list of the main requirements to rendering the state service 1.

16. Entering of the vessel into the State ship register makes sure issue of the Certificate on the right of navigation of the ocean ship under National flag of the Republic of Kazakhstan and the Certificate on the property right to the vessel in forms according to appendices 4 and 5 to these rules which confirm the right of navigation of the vessel under National flag of the Republic of Kazakhstan and the property right to the vessel.

17. The re-registration of the vessel is performed if the vessel ceases to correspond to the data which are earlier entered in the State ship register, according to the procedure and the terms of registration of the vessel in the State ship register established by these rules.

The basis for re-registration of the vessel is also use of the vessel which is in property of the Republic of Kazakhstan and used by state bodies for accomplishment of the functions assigned to them for commercial purposes.

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