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

of May 28, 2015 No. 300

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:

The regulations of the state service "State Registration of the Rights (Encumbrances) to Real Estate" approved by the specified order to be reworded as follows 1) according to appendix 1 to this order;

The regulations of the state Service "Registration of Pledge of the Personal Estate Which Is Not Subject to Obligatory State Registration" approved by the specified order to be reworded as follows 2) according to appendix 2 to this order;

The regulations of the state service "Issue of the Certificate of the Registered Rights (Encumbrances) to Real Estate and Its Technical Characteristics" approved by the specified order to be reworded as follows 3) according to appendix 3 to this order;

The 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" approved by the specified order to be reworded as follows 4) according to appendix 4 to this order;

The regulations of the state service "Issue of the Certificate of Lack (Availability) of Real Estate" approved by the specified order to be reworded as follows 5) according to appendix 5 to this order;

The regulations of the state service "Issue of the Statement from the Register of Registration of Pledge of Personal Estate" approved by the specified order to be reworded as follows 6) according to appendix 6 to this order

The regulations of the state service "Issue of Certificates of the Registered and Stopped Rights to Real Estate" approved by the specified order to be reworded as follows 7) according to appendix 7 to this order;

To be reworded as follows the regulations of the state service "Issue of the Duplicate of the Title Real Estate Document" approved by the specified order according to appendix 8 to this order;

The regulations 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" approved by the specified order to be reworded as follows 9) according to appendix 9 to this order;

The regulations of the state service "Issue of the Duplicate of Technical Data Sheet of Real Estate Objects" approved by the specified order to be reworded as follows 10) according to appendix 10 to this order;

The regulations of the state service "Issue of Appendix to the Technical Data Sheet Containing the Information about the Owner (Owner) of Real Estate" approved by the specified order to be reworded as follows 11) according to appendix 11 to this order;

The regulations of the state service "State Registration of Object of Condominium" approved by the specified order to be reworded as follows 12) according to appendix 12 to this order.

2. Recognize invalid:

1) the 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" (registered in the Register of state registration of regulatory legal acts for No. 9113, published in information system of law of Ad_let of March 07, 2014);

2) the order of the Minister of Justice of the Republic of Kazakhstan of June 19, 2014 No. 213 "About entering of amendments into the 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" (No. registered in the Register of state registration of regulatory legal acts 9576, published in information system of law of Ad_let of July 21, 2014).

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order and its official publication.

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

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 May 28, 2015 No. 300

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

Chapter 1. General provisions

1. The state service is rendered based on the standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 (it is registered in the Register of state registration of regulatory legal acts for No. 11408) (further - the Standard) 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).

3. Form of the rendered service - electronic (partially automated) and (or) paper.

4. 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 9 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 single notarial information system (further - 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 9 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.

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

5. The basis for the procedure (action) for rendering the state service is the address of uslugopoluchatel to the service provider with document package according to the list provided in Item 8 of the Standard.

6. Contents of the procedure (action) which is part of process of rendering the state service:

1) the worker of the service provider according to the functional obligations performs documents acceptance according to the book of accounting of documents from department of receiving and delivery of documents of the service provider, then gives packet of the accepted documents to archive to the executive in charge of the service provider within 3 (three) hours.

2) the employee of department of archive of the service provider performs search and transfer of registration cases to department of registration of the rights to real estate during one (1) the working day.

3) the employee of department of registration of the rights to real estate of the service provider - considers document package, by results of consideration registers the law (encumbrances) to real estate or stops registration or prepares the motivated answer about refusal on the bases, stipulated in Item 9 Standards then are represented by result of the state service for the signature to the head of the service provider during one (1) the working day.

4) the head of the service provider or his deputy signs result of the state service within 2 (two) hours.

Result of the procedure (action): direction of signed result of rendering the state service to the employee of the service provider.

5) the employee of the service provider registers result of rendering the state service within 30 (thirty) minutes.

Result of the procedure (action): the direction of result of rendering the state service in department of receiving and delivery of documents of the service provider of the book of accounting of documents.

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.

Chapter 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) employee of department of receiving and delivery of documents of the service provider;

2) worker of the service provider;

3) employee of department of archive of the service provider;

4) employee of department of registration of the rights to real estate of the service provider.

5) head of the service provider or his deputy.

7. The description of the sequence of procedures (actions) between structural divisions (workers with indication of duration of each procedure (action) are specified in the description of actions of the parties participating in rendering the state service according to appendix 1 to this regulations and the reference book of business processes when rendering the state service according to appendix 2, 3 and 4 to these regulations (further - the reference book of business processes).

Chapter 4. The description of order of interaction with The Government for Citizens State corporation and (or) other service providers, and also procedure for use of information systems in the course of rendering the state service

8. Documents acceptance is performed by the service provider in the operational hall in department of receiving and delivery of documents by means of "barrier-free servicing" on which surname, the name, middle name (are entered in case of its availability) and position of the worker of 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.

9. Issue of ready documents to uslugopoluchatel is performed by the service provider by means of "windows" Monday through Saturday inclusive according to Item 7 of the Standard, based on the receipt in the time specified in it.

The most allowed time of expectation by uslugopoluchatel for delivery of documents - no more than 20 minutes.

The most allowed time of servicing of uslugopoluchatel - no more than 20 minutes.

For receipt of the state service the uslugopoluchatel provides the documents specified in Item 8 of the Standard.

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 by means of ENIS are specified in the reference book of interaction of business processes when rendering the state service:

1) after the certificate the notary of the transaction of the real estate unit and registration of this action in ENIS the notary draws up the request for electronic registration;

The notary finds 2) 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 transaction of the real estate unit was registered in the register of ENIS of this notary registration date of the transaction of the real estate unit in the register of ENIS of this notary, 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 (encumbrance);

6) the uslugopoluchatel will become authorized on the portal of the electronic government and, brings unique code of the request for registration of the right;

7) the uslugopoluchatel makes payment for state registration and receives the created electronic check;

8) the service provider receives from ENIS the application for registration of the right and confirmation about payment for state registration 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 description of procedure for the address and the sequence of procedures (actions) of the service provider in case of acceptance and registration of the rights to real estate based on the approved acceptance act of object in operation are specified in the reference book of interaction of business processes when rendering the state service according to appendix 4 to these regulations

12. The description of actions of the parties participating in rendering the state service in case of acceptance and registration of the rights to real estate based on the transaction which is not certified are notarially specified in the reference book of interaction of business processes when rendering the state service, according to appendix 5 to this regulations and the reference book of business processes when rendering the state service, according to appendix 6 to these regulations.

Appendix 1

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

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	employee of department of receiving and delivery of documents of the service provider	employee of accumulative department of the service provider		Employee of department of registration of the rights to real estate	ENIS	PH IS GBD	Components of the electronic government of PEP and PShEP, AUPS	Employee of department of receiving and delivery of the service provider
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 department of registration of the rights to real estate; 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; 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 service provider.	Transfer of the performed documents to the employee of department of receiving and delivery of documents of the service provider		Search and transfer of registration case for execution; Implementation of actions for registration, refusal or suspension; 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	Completion dates	20 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	10 minutes	10 minutes	10 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

Use options. Basic process

Basic process (course, flow of works)
Service provider	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 department of issue of the performed documents of 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

Use options. Alternative process

Alternative process (course, flow of works) or expansions
ENIS	Components of the electronic government of PEP and PShEP, AUPS	PH IS GBD	Employee of State corporation (registrar)
1) the Notary certifies the transaction;	3) the Applicant finds the request for receipt of service of registration for PEP/AUPS;	5) the request and payment for registration Is accepted;	6) the Registrar accepts the request for registration and performs necessary actions;
The Notary fills 2) and sends the request for registration of the right (encumbrance) for real estate to IS GBD RN;	4) PShEP accepts payment 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

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	employee of department of documents acceptance of the service provider	employee of accumulative department of the service provider		employee of department of registration of the rights to real estate	ENIS	PH IS GBD	Components of the electronic government of PEP and PShEP, AUPS	employee of department of issue of documents of the service provider
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; 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 State corporation		Search and transfer of registration case for execution; Verification of documents regarding Implementation of actions for registration, refusal or suspension; 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	Completion dates	20 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	10 minutes	10 minutes	10 minutes

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