ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2014 No. 34

About approval of regulations 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

For the purpose of implementation of the subitem 2) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve enclosed:

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

2) regulations 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" according to appendix 2 to this order;

3) regulations of the state service "Issue of the Certificate of the Registered Rights (Encumbrances) to Real Estate and Its Technical Characteristics" according to appendix 3 to this order;

4) regulations 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" according to appendix 4 to this order;

5) regulations of the state service "Issue of the Certificate of Lack (Availability) of Real Estate" according to appendix 5 to this order;

6) regulations of the state Service "Issue of the Reference on Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" according to appendix 6 to this order;

7) regulations of the state service "Issue of Certificates of the Registered and Stopped Rights to Real Estate" according to appendix 7 to this order;

8) regulations of the state service "Issue of the Duplicate of the Title Real Estate Document" according to appendix 8 to this order;

9) regulations of the state service "Issue of Technical Data Sheet of Real Estate Objects" according to appendix 9 to this order;

10) regulations of the state service "Issue of the Duplicate of Technical Data Sheet of Real Estate Objects" according to appendix 10 to this order.

2. Recognize invalid:

1) subitems 1), 2), 4) Item 1 of the order of the Minister of Justice of the Republic of Kazakhstan of November 29, 2012 No. 389 "About approval of regulations of electronic state services" (it is registered in the Register of state registration of regulatory legal acts for No. 8133);

2) the order of the Minister of Justice of the Republic of Kazakhstan of November 29, 2012 No. 391 "About approval of regulations of the state service and about introduction change in the order of the Minister of Justice of the Republic of Kazakhstan of June 27, 2011 No. 235 "About approval of regulations of the state services" (it is registered in the Register of state registration of regulatory legal acts for No. 8135).

3. To impose control of execution of this order on the Chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance Abishev B. Sh.

4. To provide to committee of registration service and rendering legal assistance in the procedure established by the legislation state registration of this order and its official publication.

5. 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 January 30, 2014 No. 34

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

1. General provisions

1. These Regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - the state service) appear territorial authorities of justice (further - the service provider) through 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) and the 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).

The state service is rendered based on the standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" No. 1586 approved by the order of the Government of the Republic of Kazakhstan of December 31, 2013 (further - the standard).

2. Form of the rendered service: electronic (partially automated) and (or) paper.

3. 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 is result of completion of the rendered service.

In case of the request for electronic registration to ENIS uvedomleniy about registration or the 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) goes to the portal to 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.

2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) of the service provider for rendering the state service is in case of the address of uslugopoluchatel:

1) in the center on paper - the written application about state registration of the established form according to appendix 2 and 3 of the standard of the state service, with appendix of document package provided in Item 9 of the standard;

2) to the notary by means of ENIS - electronic request with attached to it the title document and the supporting document payment of the fiscal duty for state registration.

5. The worker of the service provider according to the functional obligations performs documents acceptance according to the book of accounting of documents from the Center, then during the working day gives packet of the accepted documents to archive to the executive in charge of the service provider who within 3 working days performs search and transfer of registration cases to department of registration of the rights to real estate, transfer of the performed documents in the center for the book of accounting of documents; the employee of department of registration of the rights to real estate of the service provider - consideration of the application and execution.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

6. The list of structural divisions (workers) of the service provider who participate in process of rendering the state service:

1) the inspector of the center - receiving and delivery of documents;

2) the inspector of accumulative department of the center - the direction and receipt of documents from the service provider;

3) the worker of the service provider - documents acceptance according to the book of accounting of documents from the center, search and transfer of registration case to department of registration of the rights to real estate, transfer of the performed documents in the center for the book of accounting of documents;

4) the employee of department of registration of the rights to real estate of the service provider - consideration of the application and execution.

7. The description of the sequence of procedures (actions) between structural divisions (workers with indication of duration of each procedure (action) are specified in appendix 1 (The description of actions of the parties participating in rendering the state service) and 2 (The scheme of functional interaction) to these regulations.

4. The description of order of interaction with service center of the population and (or) other service providers, and also procedure for use of information systems in the course of rendering the state service

8. In the center documents acceptance is performed in the operational hall by means of "barrier-free servicing" on which surname, the name, middle name (are entered in case of its availability) and position of the employee of the center.

The most allowed time of expectation by uslugopoluchatel for delivery of documents - no more than 15 minutes.

The most allowed time of servicing of uslogopoluchatel - no more than 15 minutes.

For receipt of the state service the service provider provides the documents specified in Item 9 of the standard.

In case of documents acceptance in the center the receipt on acceptance of the relevant documents according to Item 10 of the standard is issued to the receiver of the state service.

9. In the center issue of ready documents to uslugopoluchatel is performed by the employee of the center by means of "windows" daily based on the receipt in the time specified in it.

The most allowed time of expectation by uslugopoluchatel for receipt of documents - no more than 15 minutes.

The most allowed time of servicing of uslogopoluchatel - no more than 15 minutes.

10. The description of procedure for the address and the sequence of procedures (actions) of the service provider and uslugopoluchatel in case of electronic registration of the rights to real estate with participation of the notary by means of ENIS are specified in appendix 3 (Evident charts of interaction of business processes when rendering the state service):

1) after the certificate the notary of the agreement on alienation of the real estate unit and registration of this action in ENIS the notary requests the participant of notarial action - the new owner about desire to make electronic registration;

The notary finds 2) in case of the consent of required person and chooses the real estate unit in ENIS for opening of the request for registration of the right;

3) when filling the request for registration of the right the notary pays attention to unique code of the request; specifies individual identification number (further - IIN) or business identification number (further - BIN) and civil provision of uslugopoluchatel; in case of availability and in case of desire to receive the notification on e-mail - the e-mail address of uslugopoluchatel, number behind which the agreement on alienation of the real estate unit was registered in the register of ENIS of this notary, registration date of the agreement on alienation of the real estate unit in the register of ENIS of this notary, type of the title document; attaches the title document; in case of belonging of uslugopoluchatel to category of persons which are exempted from payment of the state fee - specifies what preferential category person treats;

4) the notary signs the completed request EDS;

The notary unpacks 5) and gives to uslugopoluchatel the notification on successful sending the request for registration of the right;

6) the uslugopoluchatel will become authorized on the portal of the electronic government and, following the instructions specified on the notification on successful sending brings unique code of the request for registration of the right;

7) the uslugopoluchatel pays the necessary amount of the state fee and receives the created electronic check;

8) the service provider receives from ENIS the application for registration of the right and confirmation about payment of the state fee and makes the decision on registration of the right to the real estate unit or suspension or refusal in making of registration of the right to the real estate unit with indication of the reason of suspension or refusal;

9) the notification on successful registration of the right goes to ENIS and to personal mail of uslugopoluchatel in case specifying of the e-mail address of uslugopoluchatel in the request for registration of the right.

11. The detailed description of the sequence of procedures (actions), interactions of structural divisions (workers) of the service provider in the course of rendering the state service, and also the description of order of interaction with other service providers and (or) service center of the population and procedure for use of information systems in the course of rendering the state service is reflected in the reference book of business processes of rendering the state service according to appendix 4 to these regulations.

Appendix 1

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

Table 1. The description of actions of the parties participating in rendering the state service

Actions of basic process (course, flow of works)
1	action No. (course, flow of works)	1.	2.	3.	4.	5.	6.	7.
2	Name of party concerned	Inspector of the center	Inspector of accumulative department of the center	Employee of judicial authority (registrar)	ENIS	PH IS GBD	Components of the electronic government of PEP and PShEP	Inspector of department of issue of the center
3	Name of action (process, procedure, transaction) and their description	Acceptance and verification of documents, entering of record about acceptance into the book of accounting of documents and issue of the receipt to the receiver of service.	Documents acceptance and sending them in judicial authority to the registrar; Acceptance of the performed documents from the service provider.	Documents acceptance according to the book of accounting of documents; Documents acceptance on registration from GBD RN.	Certificate of the transaction of property acquisition; Filling and sending request for registration; Sending the electronic version of the title document to IS GBD RN; Receipt of result of rendering service.	Receipt of data from the center and ENIS on the requests which arrived on registration; Sending data on change of the status of request.	Fixation in private office of the applicant of the fact of receipt of service; Receipt of payment; Instruction of information on receipt of service.	Acceptance of the performed documents for issue to the applicant
4	Completion form (data, document, organizationally administrative decision)	Transfer to accumulative department of the center.	Transfer of the performed documents to the inspector of department of issue of the center.	Search and transfer of registration case for execution; Implementation of actions for registration; Entering of corresponding changes into IS GBD RN.	Notification on successful sending the request	Notification on completion of works on registration	Electronic check; the state service in the history of receipt of services in private office of the applicant.	Issue of documents according to the receipt and the book of accounting of documents to the applicant
5	Terms execution	15 minutes	2 times a day	30 minutes on search and issue of one registration case; 1 days on registration after adoption of documents for execution	30-40 minutes on filling and sending the request	3 minutes	3 minutes	3 minutes
6	Number of the following action	2	3, 7	2, 5	6	3	5	-
7	Use option	Basic process	Basic process	Basic process, Alternative process	Alternative process	Basic process, Alternative process	Alternative process	Basic process

Table 2. Use options. Basic process

Basic process (course, flow of works)
Center	Service provider	Service provider (archive)	Service provider (department of registration)
1. Verification of documents	4. Documents acceptance according to the book of accounting of documents	5. Search and transfer of registration case for execution	6. Consideration of the application and registration
2. Entering of record about acceptance into the book of accounting of documents	7. Transfer to the center of the performed documents for the book of accounting of documents
3. Issue of the receipt
8. Issue of the performed documents according to the receipt and the book of accounting of documents to the applicant

Table 3. Use options. Alternative process

Alternative process (course, flow of works) or expansions
ENIS	Components of the electronic government of PEP and PShEP	PH IS GBD	Employee of judicial authority (registrar)
1) the Notary certifies the agreement on alienation of real estate;	3) the Applicant finds the request for receipt of service of registration for PEP;	5) the request and payment of the state fee Is accepted;	6) the Registrar accepts the request for registration and performs necessary actions;
The Notary with the consent of the applicant fills 2) and sends the request for registration of the right to real estate to IS GBD RN;	4) PShEP accepts payment of the state fee for registration;	8) Information on result of the state service goes to ENIS	7) the Registrar brings the corresponding data in IS GBD RN;
9) ENIS displays result of rendering service in private office of the notary

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