ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2012 No. 131

About approval of Rules of provision of information from the legal inventory

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" PRIKAZYVAYU:

1. Approve Rules of provision of information from the legal inventory according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 2 to this order.

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

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 28, 2012 No. 131

Rules of provision of information from the legal inventory

Chapter 1. General provisions

1. These rules of provision of information from the legal inventory (further - Rules) are developed according to article 17 of the Law "About State Registration of the Rights to Real Estate", according to the subitem 1) of article 10 of the Law "About the State Services" and determine procedure for provision of information from the legal inventory.

2. Data on quantity of the registered rights to real estate are subject to quarterly publication on Internet resource of the Ministry of Justice.

3. In these rules the following concepts are used:

1) data from the legal inventory - information on the registered rights (encumbrances of the rights) to real estate and other subjects to state registration containing in the legal inventory and the copies of documents which are in registration case, provided by registering body;

2) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

3) registering body - The state corporation performing state registration in the location of real estate.

4. Provision of information carried to the state secrets is performed in case of observance of the regulations established by the Law of the Republic of Kazakhstan "About the state secrets".

5. The data opening information on citizens (personal data) and other owners except for of the data identifying the owner (surname, name, middle name and birth date of physical person, the name and registration number of the legal entity) are not provided.

6. Powers of the lawyer on conducting specific case are conferred by the certificate of the lawyer and the written notice of protection (representation), issued by legal advice bureau or firm of solicitors, and when implementing of the activities by it individually without registration of the legal entity - presidium of Bar.

Powers of interim, bankrupt and rehabilitation managers are confirmed by the judgment about recognition of the poor debtor by the bankrupt, determination of court about introduction of external observation and the order of authorized body in the field of bankruptcy about appointment of interim, bankrupt and rehabilitation managers.

Powers of liquidation commission (liquidators) of compulsorily liquidated legal entity is confirmed by the order on appointment of structure of the liquidation commission and the power of attorney issued by the chairman of liquidation commission.

Powers of heirs on receipt of information on the rights to real estate registered for the testator are confirmed by the certificate on the right to inheritance or the certificate on the right to the inheritance consisting of the non-property rights.

Powers of the participant of object of condominium are confirmed by provision of the title document or notarially zasvidetelstvenny copy of the title document on the secondary real estate object belonging to this member of condominium on the property right or the protocol of general meeting of members of condominium of confirmatory power of representatives of members of condominium.

Powers of other persons are confirmed by the written consent of the owner certified in notarial procedure.

The certificate of the registered rights (encumbrances) to real estate and its technical characteristics to object of condominium is provided to participants of object of condominium.

7. In cases of the written appeal of law enforcement, judicial authorities on the criminal, civil, administrative cases which are in production, guardianship and custody according to their competence, in the letter is specified the bases according to which information, the purpose of use (appointment) of required information, and also data of required subjects (surname, name, middle name, birth date and IIN of physical persons, the name and BIN of legal entities) will be requested.

8. The registering body based on the written request of law enforcement, judicial authorities on the criminal, civil, administrative cases which are in production, guardianship and custody provides information no later than three working days from the date of giving of request for receipt of information.

9. Information on state registration of the rights to real estate is performed in the form of issue:

1) certificates of the registered rights (encumbrances) to real estate and its technical characteristics in form according to appendix 1 to these rules.

In the certificate of the registered rights (encumbrances) to real estate and its technical characteristics the existing rights (encumbrance) to specific real estate object are specified;

2) certificates of the registered and stopped rights to real estate in form according to appendix 2 to these rules.

In the certificate of the registered and stopped rights to real estate data on all physical persons or legal entities on which the rights to this real estate were registered earlier are specified;

3) certificates of lack (availability) of real estate in form according to appendix 3 to these rules.

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