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I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 24, 2007 No. 244

About approval of Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document

(as amended on 01-04-2021)

For the purpose of implementation of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate", being guided by article 7 of the Law of the Republic of Kazakhstan "About judicial authorities" and according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document.

2. This order becomes effective from the date of official publication.

Acting Minister

Approved by the Order of the acting minister of justice of the Republic of Kazakhstan of August 24, 2007 No. 244

Rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document

Chapter 1. General provisions

1. These rules of issue of the duplicate and cancellation of the original (the certified copy) of the lost or damaged title document (further – Rules) are developed according to Item 1 of article 36 of the Law of the Republic of Kazakhstan of July 26, 2007 No. 310 "About state registration of the rights to real estate" and according to the subitem 1) of article 10 of the Law "About the State Services" determine procedure for rendering the state service in issue of the duplicate of the title real estate document.

2. In these rules the following concepts are used:

1) real estate (real estate) - the parcels of land, buildings, constructions and other property firmly connected with the earth that is objects which movement without disproportionate damage to their appointment is impossible;

2) the legal inventory - the unified state register of the registered rights (encumbrances of the rights) to real estate;

3) documents of title - documents based on which arise change and stop the rights (encumbrance of the rights) to real estate;

4) state registration of the rights to real estate (further - state registration) - compulsory procedure of recognition and confirmation by the state of origin, change or the termination of the rights (encumbrance of the rights) to real estate and other subjects to state registration in the legal inventory according to the procedure and the terms established by this Law and other laws;

5) uslugopoluchatel - physical persons and legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

6) the authorized representative of the applicant - person who on behalf of the applicant submits the application and performs other actions connected with state registration owing to the power based on the power of attorney, the legislation, the judgment or the legal act;

7) registration case - part of the legal inventory in which by the object principle storage of the copy of the documents submitted on state registration is performed.

3. The state service "Issue of the Duplicate of the Title Document" (further – the state service) appears branches of the NAO "The Government for Citizens state corporation in the location of the real estate unit (further – the service provider).

4. In cases of loss or damage of the original (the certified copy) of the title real estate document based on which registration in the legal inventory was made recovery of the title document is made by issue by the service provider of the duplicate from the copy of the specified document which is stored in registration case.

5. In case of issue of the duplicate of the title document the registering body makes the corresponding record about cancellation of the original of the title document in information system of the legal inventory and in the corresponding columns of registration leaf of the legal inventory.

6. The duplicate of the title document is issued only to the owner or his authorized representative (further - uslugopoluchatel)

Chapter 2. Procedure for rendering the state service

7. For receipt of the state service the uslugopoluchatel submits the application in form according to appendix 1 to these rules (further – the statement) with application of documents according to the list, stipulated in Item 8 Standards of the state service "Issue of the Duplicate of the Title Real Estate Document" (further – the Standard) according to appendix 2 to these rules through the service provider on the location of the real estate unit of uslugopoluchatel or through the web portal of "the electronic government": www.egov.kz (further – the portal).

8. 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.

9. In case of filing of application through the service provider the employee of department of receiving and delivery of documents of the service provider performs documents acceptance and sends them to management (department) of registration of the rights to real estate.

At the same time in case of representation by uslugopoluchatel of incomplete document package the employee of department of receiving and delivery of documents of the service provider refuses acceptance with issue of the receipt in form according to appendix 3 to these rules.

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

10. The employee of management (department) of registration of the rights to real estate performs documents acceptance from department of receiving and delivery of documents according to the register with simultaneous check of completeness of documents according to the list, stipulated in Item the 8th standard to these rules. The employee of management (department) of registration of the rights to real estate requests registration cases from archive.

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