ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2015 No. 246

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

1. Approve enclosed:

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

2) the standard of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" according to appendix 2 to this order;

3) the standard 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) the 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" according to appendix 4 to this order;

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

6) the standard of the state service "Issue of the Statement from the Register of Registration of Pledge of Personal Estate" according to appendix 6 to this order;

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

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

9) the standard of the state service "Entering into the Legal Inventory of Identification and Technical Data of Buildings, Constructions and (or) Their Components on Newly Created Real Estate, Issue of Technical Data Sheet of Real Estate Objects and the Conclusion about Establishment of Discrepancies of Identification and Technical Data following the results of the Conducted State Technical Examination of Newly Created Real Estate Object" according to appendix 9 to this order;

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

11) the standard of the state service "Issue of Appendix to the Technical Data Sheet Containing the Information about the Owner (Owner) of Real Estate" according to appendix 11 to this order;

12) the standard of the state service "State Registration of Object of Condominium" according to appendix 12 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 state registration of this order and its official publication according to the procedure, established by the legislation.

3. To impose control of execution of this order on the deputy minister of justice of the Republic of Kazakhstan Abd_rayy B. Zh.

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

It is approved Minister of investments and development of the Republic of Kazakhstan May 13, 2015

_________________ A. Isekeshev

It is approved Minister of national economy of the Republic of Kazakhstan May 29, 2015

_________________ E.Dosayev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246

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

Chapter 1. General provisions

1. The state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - the state service) appears non-commercial joint-stock company "The Government for Citizens state corporation (further - the service provider).

2. Reception of an application and issue of result of rendering the state service is performed through:

1) the service provider, on the location of the real estate unit of uslugopoluchatel;

2) web portal of "the electronic government": www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

3. Terms of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel in case of the address to the service provider:

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, transactions which except for are notarially not certified - 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 result of rendering the state service provides a day before the termination of term of rendering;

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 uslugopoluchatel - it is performed immediately. The performed documents are issued to uslugopoluchatel no later than one working day from the moment of receipt of the statement to the service provider;

on state registration according to notarially not certified transaction - within one working day from the moment of receipt of the statement to the service provider.

The most allowed time of expectation for delivery of document package uslugopoluchatel to the service provider - 20 minutes;

The most allowed time of servicing of uslugopoluchatel - 20 minutes.

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) for submission of the documents by the applicant necessary for state registration according to Item 8 of this standard 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.

7) in case of incomplete payment for state registration of the rights to real estate;

8) if within three working days from the moment of receipt of the electronic copy of the title document in information system of the legal inventory confirmation about payment for state registration of the rights to real estate or about release of person from payment did not arrive.

Electronic registration does not stop on the bases specified in subitems 4) and 6) of Item 3 of this standard of the state service.

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.

In case of suspension of rendering the state service the service provider sends to uslugopoluchatel, to single notarial information system (further - ENIS), on e-mail addresses of participants of the transaction (in the presence) the written notice with indication of the reasons and terms of suspension, date and registration document number for the subsequent issue of the notification to uslugopoluchatel (the authorized representative of uslugopoluchatel).

In case of electronic registration in case of lack of confirmation about payment 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 automatically stops;

2) from the moment of the address of uslugopoluchatel to the notary, electronic registration appears no later than one working day following behind day of receipt in information system GBD RN of confirmation about payment or release from payment for state registration.

3) on the portal state services it appears within three working days from the moment of receipt of the statement to the service provider:

the request in electronic form certified by the electronic digital signature (further - the EDS) or the one-time password, in case of registration and connection of subscriber number of the uslugopoluchatel provided by mobile operator to accounting record of the portal;

the electronic copy of the document confirming payment for issue of the duplicate of the title document, except for the payment made through PShEP.

The data on the document proving the identity, the payment made by means of PShEP containing in the state information systems the worker of the service provider receives through lock of "the electronic government".

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

In case of the address to "private office" of uslugopoluchatel the notification of the readiness of result of rendering the state service with indication of the place and date of its obtaining goes to the portal.

In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 these standards, the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form according to appendix 3 to this standard of the state service.

Issue of documents to uslugopoluchatel is performed by the service provider based on the receipt, in case of presentation of the identity certificate uslugopoluchatel or his representative:

for the legal entity according to the document confirming powers;

for physical person under the notarized power of attorney.

In case of not the request of uslugopoluchatel for result of the state service in the specified time, the service provider provides their storage in the place of acceptance before obtaining by uslugopoluchatel.

Uslugopoluchatel can address with the petition for the termination of consideration of the application.

At the same time the uslugopoluchatel submits the petition through office of the service provider, on the location of the real estate unit of uslugopoluchatel.

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

5. Result of rendering the state service in case of the address:

to the service provider the title document with mark on the made state registration of the rights (encumbrances) to real estate or the document on refusal or suspension of state registration on the bases provided by items 4 and 10 these standards of the state service, and also issue of the certificate on state registration (on paper) in the cases provided by legal acts of the Republic of Kazakhstan is;

by means of ENIS behind electronic registration the direction of the notification on the made registration or about suspension of state registration, in cases and on the bases, stipulated in Item 4 or about refusal on the bases, stipulated in Item 10 these standards of the state service in the form of the electronic documents certified by the electronic and digital signature (further - the EDS) the authorized worker in ENIS, and also on e-mail addresses of participants of the transaction - is in case of their availability.

By provision of the motivated answer about refusal in rendering the state service, the document on payment for registration is shown by uslugopoluchatel in case of repeated submission of documents on registration.

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

6. The state service is rendered on paid basis to legal entities and physical persons (further - uslugopoluchatel).

Payment on rendering the state service is levied according to goods prices (works, services) in the sphere of state registration of the rights to real estate approved by the order of the Minister of information and communications of the Republic of Kazakhstan of September 27, 2018 No. 418 (it is registered in the Register of state registration of regulatory legal acts for No. 17498).

In case of submission of the electronic request for receipt of the state service through the portal, payment is performed through payment gateway of "the electronic government" (further - PShEP) or through banks of the second level.

Payment is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities or through payment gateway of "the electronic government" (further - PShEP).

When 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 based on information on number of request assigned to ENIS.

7. Working schedule of the service provider:

1) on receiving and delivery of result of service - Monday through Saturday inclusive, except for Sunday and holidays, according to the Labor code of the Republic of Kazakhstan, according to the established working schedule from 9:00 till 20:00 o'clock without interruption for lunch.

The state service is rendered according to the procedure of "electronic" queue, without the accelerated servicing, the electronic queue by means of the portal is reserved;

2) in the direction of the notification on the made registration or about suspension of state registration, in cases and on the bases, stipulated in Item 4 or about refusal on the bases, stipulated in Item 10 these standards of the state service, in ENIS, and also on e-mail addresses of participants of the transaction - in case of their availability Monday through Friday inclusive, except for days off and holidays, according to the Labor code of the Republic of Kazakhstan, according to the established working schedule from 9:00 till 18:30 o'clock with lunch break from 13:00 till 14:30 o'clock.

3) the portal - round the clock, except for technical breaks in connection with carrying out repair work (in case of the address after the termination of working hours, Sunday and holidays according to the Labor code of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service is performed the next working afternoon).

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

For state registration the applicant (the authorized representative of the applicant) shows the document proving his identity for identification and to submit the following documents:

for the legal entity according to the document confirming powers;

for physical person under the notarized power of attorney or other document confirming its powers.

When registration is performed based on the power of attorney, two copies of the power of attorney, one of which is the original or notarially certified copy, are represented. The original of the power of attorney after registration returns to the applicant (authorized representative). In case of electronic registration the power of attorney in registering body is not submitted:

1) to the service provider:

for physical person:

the statement for state registration of the rights (encumbrances of the rights) to real estate for physical person in form, according to appendix 1 to this standard of the state service.

In case of state registration of origin, change or the termination of the right of common joint property the application for registration can be submitted by all participants or one of them with representation of consent of other participants certified in notarial procedure.

In case of state registration of origin, change, the termination of the right of common ownership (other common law) the statement for state registration shall be submitted by all participants (authorized representatives).

When the rights (encumbrance of the rights) arise based on the agreement or other transaction in the absence of their notarial certificate, the application shall be in accordance with the established procedure submitted by all participants of the transaction.

The registration application of origin and change of the pledge granted in providing the agreement of bank loan moves the pledger and (or) the pawnbroker. In case of filing of application by the pawnbroker notarially certified consent of the pledger to such registration is required.

In case of concession of the rights (requirements) for agreements of pledge of real estate the registration application of origin and change of pledge moves the pawnbroker to whom the rights (requirement), without the consent of the pledger to such registration are yielded.

In case of change of surname, name, middle name, birth date of physical person or name, registration number of the legal entity the application for registration of changes is submitted by the owner to whom such changes concern;

the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land the identification document on the parcel of land is submitted. In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

the document confirming payment for state registration of the rights to real estate.

In the presence of the marriage agreement, this agreement is submitted in duplicate, one of which is the original or notarially certified copy.

For registration of the rights of other spouse, data on whom do not contain in the title document, the applicant who reached age of consent according to the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" shall specify data on lack of the fact of condition in the marriage relations in the registration application or the information about the spouse with application of a copy of the document confirming availability of the marriage relations;

for the legal entity:

the statement for state registration of the rights (encumbrances of the rights) to real estate for the legal entity in form, according to appendix 2 to this standard of the state service.

When the rights (encumbrance of the rights) arise based on the agreement or other transaction in the absence of their notarial certificate, the corresponding application is submitted by all participants of the transaction.

The registration application of origin and change of the pledge granted in providing the agreement of bank loan moves the pledger and (or) the pawnbroker. In case of filing of application by the pawnbroker notarially certified consent of the pledger to such registration is required.

In case of concession of the rights (requirements) for agreements of pledge of real estate the registration application of origin and change of pledge moves the pawnbroker to whom the rights (requirement), without the consent of the pledger to such registration are yielded.

In case of change of surname, name, middle name, birth date of physical person or name, registration number of the legal entity the application for registration of changes is submitted by the owner to whom such changes concern;

the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land the identification document on the parcel of land is submitted. In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

the document confirming payment for state registration of the rights to real estate;

constituent documents;

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 the Laws "About Joint-stock Companies" and "About State-owned Property" or constituent documents;

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.

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 documents confirming origin, change and the termination of the rights to real estate, and other subjects to state registration are represented in duplicate, one of which is the original or notarially certified copy.

When the title document is the court resolution and in other cases when the original of the document is not issued to the owner, for registration two certified copies of such document are represented;

2) in case of electronic registration:

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

the electronic copy of the title document certified by the digital signature by means of ENIS in information system of the legal inventory;

the document confirming payment for state registration of the rights to real estate;

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

Data on identity documents, on state registration (re-registration) of the legal entity, on the document, the uslugopoluchatel confirming payment (in case of payment through PShEP) the service provider and the notary receive from the corresponding state information systems through lock of "the electronic government";

In case of receipt of the state service the uslugopoluchatel provides the written consent to use of the data which are the secret protected by the law, containing in information systems if other is not provided by the laws "About National Registers of Identification Numbers", "About Personal Data and Their Protection" and the Entrepreneurial code of the Republic of Kazakhstan.

In case of documents acceptance the worker of the service provider on documents acceptance verifies documents with the data provided from the state information system of state body then returns to uslugopoluchatel.

When giving by uslugopoluchatel of all necessary documents:

the service provider to uslugopoluchatel issues the receipt on documents acceptance, provided by the subitem 1) of this Item of the standard of the state service;

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

Issue of documents to uslugopoluchatel by the worker of the service provider is performed based on the receipt, in case of presentation of the identity certificate of uslugopoluchatel or his representative:

for the legal entity according to the document confirming powers;

for physical person under the notarized power of attorney or the document confirming its powers.

In case of payment by uslugopoluchatel for the state service (in case of payment through PShEP) 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".

In case of not the request of uslugopoluchatel for result of the state service in the specified time, the service provider provides their storage in the place of acceptance before obtaining by uslugopoluchatel.

Uslugopoluchatel can address with the petition for the termination of consideration of the application.

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