ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2013 No. 1586

About approval of standards of the state services in questions of registration of the rights to real estate and registration of pledge of the personal estate which is not subject to obligatory state registration

According to the subitem 3) of article 6 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate";

2) standard of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration and Issue of the Duplicate of the Registration Certificate of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration";

3) standard of the state service "Issue of the Certificate of the Registered Rights (Encumbrances) to Real Estate and Its Technical Characteristics";

4) standard of the state service "Issue of Copies of the Documents of Registration Case Certified by Registering Body including the Plan (Schemes) of Real Estate Objects";

5) standard of the state service "Issue of the Certificate of Lack (Availability) of Real Estate";

6) standard of the state Service "Issue of the Reference on Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration";

7) standard of the state service "Issue of Certificates of the Registered and Stopped Rights to Real Estate";

8) standard of the state service "Issue of the Duplicate of the Title Real Estate Document";

9) standard of the state service "Issue of Technical Data Sheet of Real Estate Objects";

10) standard of the state service "Issue of the Duplicate of Technical Data Sheet of Real Estate Objects".

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2013, No. 1586

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

1. General provisions

1. The state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears territorial authorities of justice (further - the service provider).

Reception of applications and issue of results of rendering the state service is performed through:

1) the Republican state company on the right of economic maintaining "Service center of the population" of Committee on control of automation of the state services and coordination of activities of service centers of the population of the Ministry of Transport and Communications of the Republic of Kazakhstan (further - the center), in place of registration of real estate object of uslugopoluchatel;

2) web portal of "the electronic government": www.e.gov.kz (further - the portal) at the request of uslugopoluchatel the state service appears notaries by interaction of single notarial information system (further - ENIS) after the certificate them transactions by the direction of the electronic copy of the title document in information system of the legal inventory (further - electronic registration).

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel in case of the appeal to the center:

on state registration of origin, change or the termination of the rights (encumbrances of the rights) to real estate and other subjects to state registration - within five working days from the moment of receipt of the statement to the service provider, (day of documents acceptance does not enter rendering the state service in time, at the same time the service provider provides result of rendering the state service a day before the termination of term of rendering);

on state registration of the rights to real estate in the accelerated procedure - the next working day from the moment of receipt of the statement in the center (if in the center the statement is adopted after 18 hours or on Saturday, then calculation of term for the service provider begins the next working day);

on registration of encumbrances (the terminations of the encumbrances) imposed by state bodies and other authorized persons and also legal claims from the moment of receipt of the statement of the service provider - it is performed immediately (the performed documents are issued to uslugopoluchatel no later than three working days from the moment of receipt of the statement to the service provider);

on registration of origin or change of pledge of real estate, and also issue of the mortgage certificate if pledge provides obligation fulfillment according to the loan agreement, subsidized with joint-stock company "Fund of development of entrepreneurship "Lady" within program implementation "The road map of business of 2020", Murabakh, Idzhar and Istisn's agreements within implementation of "The road map of development of Islamic financing till 2020" - within three working days from the moment of receipt of the statement to the service provider (day of documents acceptance does not enter rendering the state service in time, at the same time the service provider provides result of rendering the state service a day before the termination of term of rendering).

Rendering the state service stops no more than for one month in the following cases:

1) under the resolution (determination) of court based on claim and other statements (claims) which are filed a lawsuit;

2) according to acts of public prosecutor's supervision before elimination of violation of the law;

3) according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing";

4) non-presentations by uslugopoluchatel of all documents, stipulated in Item 9 these standards of the state service if lack of necessary documents was not the basis for refusal in documents acceptance on registration;

5) for receipt of explanations or reclamation from state bodies of necessary information in connection with its absence in the documents proceeding from such bodies or availability of contradictions in such documents if the specified circumstances were not the bases for refusal in documents acceptance on registration;

6) in case of discrepancy of the subject to registration established based on documents of title, and the subject to registration specified in the statement for elimination of contradiction between them.

The decision on suspension of rendering the state service is made by the service provider from the moment of documents acceptance, but no later than the expiration of rendering the state service.

In case of suspension of rendering the state service the service provider sends to the center the written notice with indication of the reasons and terms of suspension for the subsequent issue of the notification to uslugopoluchatel (the authorized representative of uslugopoluchatel).

In case of electronic registration by means of ENIS in case of lack of confirmation about payment of collection through payment gateway of "the electronic government" (further - PShEP) within three working days from the moment of receipt of electronic request, in the state database of "the register of the real estate" (further - GBD RN) rendering the state service is automatically appropriated.

In case of registration suspension the service provider sends to ENIS, on the portal in private office of uslugopoluchatel and e-mail addresses of participants of the transaction (in the presence) the notification with indication of the reasons and terms of suspension of rendering the state service.

The service provider within two working days from the moment of receipt of documents of uslugopoluchatel shall check completeness of the provided documents. In case of factual determination of incompleteness of the submitted documents, the service provider within the specified terms provides the written motivated answer about refusal.

In cases if the uslugopoluchatel did not address for result of the state service in the specified time, the center provides their storage within one month then transfers them to the service provider for further storage.

In case of the appeal of uslugopoluchatel to the center behind receipt of ready documents after one month, the center within one working day makes request to the service provider. The service provider within one working day sends ready documents to the center then the center issues ready documents to uslugopoluchatel;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel to the service provider - no more than 15 minutes;

3) the most allowed time of servicing of uslugopoluchatel - no more than 15 minutes.

From the moment of the address of uslugopoluchatel to the notary, electronic registration appears within one working day from the moment of receipt in information system GBD RN of confirmation about payment of collection or release from payment of collection for state registration.

5. Form of rendering the state service - electronic (partially automated) and (or) paper.

6. Result of rendering the state service - the title document with mark on the made registration or the motivated answer about refusal or suspension of state registration on the bases provided by the Law and also issue of the certificate on state registration (on paper) in the cases provided by legal acts of the Republic of Kazakhstan.

In case of the request for electronic registration in ENIS the direction of the title document and notice of registration or notification containing the motivated answer about refusal in rendering the state service or suspension of registration in the form of the electronic documents certified by the digital signature (further - the EDS) the authorized officer of the service provider (owner) on the portal in private office and on the e-mail address of the uslugopoluchatel (in case of its availability) in electronic form certified by the EDS.

In case of provision of the motivated answer about refusal in rendering the state service, the document on payment of the registration fee can be shown by uslugopoluchatel in case of repeated submission of documents on registration.

7. The state service is rendered for a fee on cash and (or) clearing settlement:

1) the amount is estimated at the rates established according to article 456 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) and paid before submission of the relevant documents for place of registration of subject to taxation, except for persons exempted from payment of collection according to article 457 of the Tax Code, the table of the registration fee is stated in annex 1 to this standard of the state service;

2) in case of giving by means of ENIS of electronic request for receipt of service of electronic registration, payment is performed within three working days on the portal in private office of uslugopoluchatel through PShEP;

3) the electronic check about payment of the state collection goes to the portal - to "private office" of uslugopoluchatel. Information on payment is saved in the history of fee.

8. Working schedule:

1) the center - Monday through Saturday inclusive, except for days off and holidays, according to the labor law of the Republic of Kazakhstan, according to the established working schedule of the center from 9:00 till 20:00 o'clock without interruption for lunch.

Acceptance is performed according to the procedure of (electronic) queue, without the accelerated servicing, possibly booking of electronic queue by means of the portal;

2) by means of ENIS, according to the working schedule of notaries.

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (owner) or his representative by proxy):

in the center:

for physical person:

1) the statement for state registration of the established form according to appendix 2 to this standard of the state service;

2) the identity document of uslugopoluchatel (physical person) (the original is provided for identification of the identity of uslugopoluchatel);

3) the identity certificate of the authorized representative of uslugopoluchatel, and the document certifying powers on representation of uslugopoluchatel with indication of data of the identity document of uslugopoluchatel (in case of the address of the representative of uslugopoluchatel);

4) the title and other documents confirming subject to registration with appendix of technical data sheet of the real estate and (or) the identification document on the parcel of land;

5) the document confirming payment in the budget of the amount of the registration fee, or the document confirming release from collection payment.

In addition to the specified documents depending on subject to registration other documents are submitted.

For the legal entity:

1) the statement for state registration of the established form according to appendix 3 to this standard of the state service;

2) the identity certificate of the authorized representative of uslugopoluchatel and the document certifying powers (the original is provided for identification of the identity of uslugopoluchatel) on representation of uslugopoluchatel (in case of the address of the representative of uslugopoluchatel);

3) the title and other documents confirming subject to registration with appendix of technical data sheet of the real estate and (or) the identification document on the parcel of land;

4) the document confirming payment in the budget of the amount of the registration fee, or the document confirming release from collection payment;

5) constituent documents, certificate of state registration of the legal entity;

6) protocols of meetings (the statement from them) founders (participants, the board of directors, shareholder council) on acquisition or alienation of real estate objects, in the cases provided by legal acts of the Republic of Kazakhstan or constituent documents;

7) foreign legal entities represent the legalized statement from the trade register or other legalized document certifying that the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested translation into the state and Russian languages.

In addition to the specified documents depending on subject to registration other documents are submitted.

If the registration application contains data that aggregate book value of the acquired or sold assets exceeds the sizes established by the antitrust law of the Republic of Kazakhstan, uslugopoluchatel the prior written consent of antimonopoly authority is represented.

The data containing in the state information systems on the identity document, the certificate of state registration of the legal entity, the employee of the center receives from the corresponding state information systems through information system of the center in the form of the electronic documents certified by the EDS of authorized officers.

In case of documents acceptance the employee of the center verifies documents with the data provided from the state information system of state body then returns these documents to uslugopoluchatel.

In case of rendering the state service through the center the uslugopoluchatel provides the written consent to use of the data which are the secret protected by the law, containing in information systems on the form provided by the center if other is not provided by the laws of the Republic of Kazakhstan.

In the center issue of documents to uslugopoluchatel is performed based on the receipt, in case of presentation of the identity certificate of the uslugopoluchatel and the document certifying powers of the representative of uslugopoluchatel in the cases established by the legislation.

In the center documents acceptance is performed in the operational hall by means of "barrier-free" servicing.

When giving by uslugopoluchatel of all necessary documents:

in the center - the receipt on acceptance of the relevant documents is issued to uslugopoluchatel with indication of:

1) numbers and dates of acceptance of the document;

2) type of required state service;

3) quantities and names of the enclosed documents;

4) date (time) of receipt of the state service and place of issue of documents;

5) surnames, name, middle name of the responsible person who accepted documents;

6) surnames, name, middle name (for physical persons) or the name (for legal entities), contact information of uslugopoluchatel.

In case of electronic registration:

1) the request in electronic form certified by the EDS of the notary;

2) identity document of uslugopoluchatel (physical person);

3) certificate of state registration of the legal entity;

4) the documents of title confirming subject to registration, certified at the notary - are electronically attached to electronic request;

5) the document confirming separate category of privileges and exempting from payment of charges (for categories: separately living pensioners and the small business entities which are engaged in preparation and personnel training within three years from the moment of state registration) - it is electronically attached to electronic request;

6) e-mail addresses on the Internet of participants of the transaction (in case of their availability).

The uslugopoluchatel makes payment in the budget of the amount of the registration fee on the portal in "private office" through PShEP based on information on number of request assigned to ENIS.

In case of electronic registration information on the unique number of request assigned to ENIS is issued to uslugopoluchatel.

In case of payment in the budget of the amount of the registration fee through the portal, to uslugopoluchatel of the state service on the portal the notification report on acceptance of request for rendering the state service with indication of date and time of receipt of result goes to "private office".

The result of rendering the state service in case of electronic registration by the service provider goes to ENIS, to the portal in "private office" of uslugopoluchatel and e-mail addresses of participants of the transaction (in the presence).

10. The bases for refusal in rendering the state service are:

1) discrepancies of subjects and objects of legal relationship, type of the right or encumbrance of the right to real estate and other subjects to registration or bases of their origin, change or termination to requirements of the legislation;

2) provisions by uslugopoluchatel of incomplete document package, necessary for state registration according to Item 9 of this standard of the state service if necessary documents were not submitted in case of suspension of state registration;

3) representations on document registration, on form and content not conforming to requirements of the legislation;

4) availability of encumbrances which exclude state registration of the right or other subject to state registration;

5) availability of the court resolution which took legal effect;

6) if during terms of suspension of registration the circumstances which were the bases for suspension were not eliminated;

7) discrepancies of earlier arisen right to the legislation existing at the time of its origin if subject to registration are transition, change, the termination or establishment of encumbrance concerning such right.

In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these standards of the state service, the employee of the center refuses reception of an application and issues the receipt on refusal in documents acceptance in form according to appendix 4 to this standard of the state service.

3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials, service centers of the population and (or) their workers concerning rendering the state services

11. Appeal of decisions, actions (bezdeystviye) of the central state bodies, the service provider and (or) his officials, the centers and (or) their workers concerning rendering the state services:

1) the claim is submitted addressed to the head of the service provider to the address specified in Item 14 of this standard of the state service or addressed to the head of the Ministry of the address: 010000, city of Astana, Ulitsa Orynbor, 8th entrance 13, phone: 8 (7172) 74-07-37.

The claim is accepted in writing by mail or purposely through office of the service provider, or the Ministry, in the working days.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider, or the Ministry, with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint. After registration the claim goes to the head of the service provider, or the Ministry, for determination of the executive in charge and acceptance of adequate measures;

2) the claim to actions (failure to act) of the employee of the center goes to the head of the center for the addresses and phones specified in Item 14 of this standard of the state service.

Confirmation of adoption of the claim in the office of the center which arrived as if on purpose, and mail, is its registration (stamp, the entering number and registration date are put down on the second copy of the claim or the cover letter to the claim). After registration the claim goes to the head of the center for determination of the executive in charge and acceptance of adequate measures.

The claim of uslugopoluchatel which arrived to the service provider, the Ministry or the center is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslogopoluchatel by mail or is issued purposely in office of the service provider or the Ministry.

In case of the address through the portal information on procedure for appeal can be obtained by phone single contact center concerning rendering the state services.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "private office" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info