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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 4, 2020 No. 27

About approval of Rules of rendering the state service "State Registration of the Rights (Encumbrances of the Rights) to Real Estate"

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve Rules of rendering the state service "State Registration of the Rights (Encumbrances of the Rights) to Real Estate" according to appendix to this 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 order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

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

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of May 4, 2020 No. 27

Rules of rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate"

Chapter 1. General provisions

1. These rules of rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and the subitem 6) of article 1 of the Law of the Republic of Kazakhstan of July 26, 2007 "About state registration of the rights to real estate" determine procedure for rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate" or the web portal of "the electronic government": www.egov.kz (further - the state service).

2. State registration of the rights (encumbrances) to real estate is performed by registering body - non-commercial joint-stock company "The Government for Citizens state corporation in the location of real estate (further - the service provider).

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) submit the application in form according to appendix 1 and 2 to these rules with application of documents according to the Standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - the Standard) according to appendix 3 to these rules through the service provider on the location of the real estate unit of uslugopoluchatel the web portal of "the electronic government": www.egov.kz (further - the portal).

In case of electronic registration the state service is rendered through single notarial information system (further - ENIS).

4. 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 Standard.

In case of documents acceptance through the service provider the worker of the service provider on documents acceptance verifies the identity document of uslugopoluchatel with the data containing in the state information systems then returns it to uslugopoluchatel.

At the same time in case of representation by uslugopoluchatel of incomplete document package the service provider refuses documents acceptance with issue of the receipt in form according to appendix 4 to these rules.

In case of presentation to the service provider of complete document package to uslugopoluchatel the receipt on documents acceptance with indication of date and time of receipt of result of the state service is issued.

5. The term of rendering the state service from the moment of receipt of the statement to the service provider constitutes three working days, and in case of state registration according to notarially not certified transaction the state service is rendered within one working day from the moment of receipt of the statement to the service provider.

Day of documents acceptance through the service provider does not enter rendering the state service in time.

6. In case of electronic registration by the notary information on the unique number of the title document assigned in ENIS and about payment amount for state registration of the rights to real estate is issued to uslugopoluchatel.

After carrying out by uslugopoluchatel of payment for the state service details of the check go to information system of the legal inventory (further - GBD RN), and also the notification report on acceptance of request for rendering the state service which is rendered no later than one working day following behind day of receipt in confirmation GBD RN about payment goes to "private office" to the web portal of "the electronic government" of uslugopoluchatel.

The service provider carries out the legal analysis of the documents confirming origin, change or the termination of the rights (encumbrance of the rights) to real estate and other subjects to state registration which shall conform to requirements of the legislation of the Republic of Kazakhstan imposed to them at the time of registration, except for the rights (encumbrance of the rights) to real estate which are not subject to obligatory state registration, and also earlier arisen rights (encumbrance of the rights).

7. Rendering the state service stops no more than for one month on the bases specified in the Standard.

At the same time the decision on suspension of state registration can be made by the service provider from the moment of documents acceptance on state registration until issue of the document, but no later than the expiration of state registration.

8. Issue of the document with mark on the made registration, and also issue of the certificate on state registration in the cases provided by legal acts of the Republic of Kazakhstan or the motivated answer about refusal in rendering the state service, on the bases specified in Item 9 of the Standard, signed by the head of the service provider is result of rendering the state service.

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