of January 23, 2015 No. 51
About approval of Rules of state registration of the vessel, including small size vessel, and the rights to it
According to subitem 26-7) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About inland water transport", subitem 55-2) of Item 3 of article 4 of the Law of the Republic of Kazakhstan "About merchant shipping" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:
1. Approve the enclosed Rules of state registration of the vessel, including the small size vessel, and the rights to it.
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 in 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.
The acting minister on investments and development of the Republic of Kazakhstan
Zh. Kasymbek
It is approved Minister of national economy of the Republic of Kazakhstan February 3, 2015 |
_______________ E.Dosayev |
Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of January 23, 2015 No. 51
1. These rules of state registration of the vessel, including small size vessel and the rights to it (further - Rules) are developed according to subitem 26-7) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About inland water transport" (further – the Law on inland water transport), subitem 55-2) of Item 3 of article 4 of the Law of the Republic of Kazakhstan "About merchant shipping" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law on the state services) and determine procedure for state registration of the vessel of internal water swimming and river-marine vessel, and also the small size vessel and the rights to it and rendering the state services "State Registration of Courts of Internal Water Swimming, Courts of Swimming "River Sea" and the Rights to Them in the State Ship Register", "State registration of leased courts of internal water swimming and courts of swimming "river sea" in the register of leased foreign vessels", "State registration of small size vessels and the rights to them", "State registration of mortgage of the vessel, small size vessel, vessel under construction".
2. Rules extend to all physical persons and legal entities (further – uslugopoluchatel).
3. In these rules the following concepts are used:
1) the self small size vessel - the small size vessel set in motion by the mechanical unit and also sailing;
2) the dumb small size vessel - the small size vessel which does not have the mechanical unit for independent movement;
3) the State ship register - the document in which vessels (passenger, passenger, oil, tug boats, dry cargo ships, floating cranes and vessels of the technical fleet, and also vessels which are not small size vessels) and the rights to them are registered;
4) the Register of leased foreign vessels – the document in which the foreign vessels conforming to requirements, stipulated in Item the 11th Article 24 and Item 5 of article 26 of the Law on inland water transport are registered;
5) the Ship book – the document in which small size vessels and the rights to them are registered.
4. State registration of the vessel of internal water swimming and river-marine vessel, and also the small size vessel and the rights to them in the State ship register, in the Register of leased foreign vessels and in the Ship book is performed by territorial subdivisions of Committee of road transport and transport control of the Ministry of transport of the Republic of Kazakhstan (further - the service provider).
5. The service provider provides entering of data on stage of rendering the state services into information system of monitoring of rendering the state services.
When rendering the state services 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.
Authorized body within three working days from approval date or change of the subordinate regulatory legal act determining procedure for rendering the state service staticize information on procedure for its rendering and send to Single contact center.
6. The service provider performs registration of a statement and documents in day of their receipt.
In case of the address of uslugopoluchatel after the termination of on-duty time, in days off and holidays according to the labor law of the Republic of Kazakhstan, registration of a statement on rendering the state service is performed the next working afternoon.
7. 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 uslugopoluchatel.
8. Data of identity documents, the service provider receives from the corresponding state information systems through lock of "the electronic government".
9. Requirements to the documents submitted on state registration of courts:
1) documents are constituted in the state or Russian languages;
2) official foreign documents legalizovyvatsya in consular services of the Republic of Kazakhstan if other is not stipulated by the legislation the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan;
3) if the submitted documents are constituted in foreign language, notarized transfer in the state or Russian languages is applied to them;
4) texts of documents shall be written is legible, the name and details of legal entities - without reducings.
10. In the State ship register of the Republic of Kazakhstan passenger, passenger, oil, tug boats, dry cargo ships, floating cranes and vessels of the technical fleet, and also the vessels which are not small size vessels are registered.
11. Registration in the State ship register of the vessel acquired outside the Republic of Kazakhstan is performed according to these rules.
12. State registration of courts behind physical persons is performed on check-in location of physical person.
State registration of courts for legal entities is performed in the location of the legal entity, or its branch or representation.
13. Maintaining the State ship register, is performed by the service provider on paper and electronic media.
14. The vessel which was registered in the ship register of foreign state is registered in the State ship register only after submission of the statement by the owner about vessel exception of the ship register of foreign state.
15. Assignment of serial number of the vessel is performed according to appendix 1 to these rules (further – Appendix on assignment of number).
16. The service provider excludes the vessel from the State ship register of the Republic of Kazakhstan:
1) died or missing;
2) structurally died;
3) the lost quality of the vessel as a result of reorganization or other changes;
4) ceased to conform to requirements, stipulated in Item 3 articles 24 of the Law on inland water transport;
5) in connection with change of the owner of the vessel.
17. The damaged vessel is considered structurally died if:
1) the vessel cannot be recovered in that place in which the vessel is, in any other place to which the vessel can be delivered;
2) repair of the vessel is economically inexpedient.
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