The emergence of a unified system of state registration
On December 25, 1995, the Decree of the President of the Republic of Kazakhstan, which has the force of Law, "On State registration of rights to immovable property and transactions with it" was adopted. The decree became the basic legislative act on the formation of a unified system of state registration. The Bureau of Technical Inventory (BTI), transformed in 1995 into the Real Estate Valuation and Registration Offices, did not register the rights to real estate, but the accounting of the property itself.
According to the Resolution of the Government of the Republic of Kazakhstan No. 236 dated February 20, 1997 "On measures to implement the Decree of the President of the Republic of Kazakhstan, which has the force of Law, dated December 25, 1995 No. 2727", the existing state registration units were transferred to the jurisdiction of the Ministry of Justice. New organizations began to register in a single technological sequence, reflecting in the relevant documents the technical, cost and legal characteristics of real estate objects. Registration at that time was carried out by 16 republican state enterprises under the jurisdiction of the Registration Service Committee of the Ministry of Justice on the right of economic management "Real Estate Centers".
Registration of real estate in the judicial authorities
The functions of state registration of rights to immovable property were transferred to the judicial authorities in 2007 on the basis of the Decree of the Government of the Republic of Kazakhstan dated January 29, 2007 No. 64 "On certain issues of state registration of rights to immovable property and transactions with it".
· The Law of the Republic of Kazakhstan dated July 26, 2007 No. 310 "On State registration of rights to immovable property" was adopted, which is still in force today.
· According to the Law of the Republic of Kazakhstan, state registration of rights to immovable property has become a mandatory procedure for recognition and confirmation by the state of the emergence, modification or termination of rights (encumbrance of rights) to immovable property and other objects of state registration in the legal cadastre in the manner and within the time limits established by Law and other laws.
· For 15 years, the Law of the Republic of Kazakhstan has undergone many changes and innovations. The main such innovation in the field of registration of rights to immovable property was the establishment of the procedure for registration in electronic form, which was put into effect on January 1, 2013.
· Electronic registration – state registration carried out on the basis of an electronic copy of the title document received by the registering authority through the legal cadastre information system
· Since January 1, 2015, an alternative procedure for applicants to apply to the PSC for registration of rights arising on the basis of notarial transactions has been excluded, i.e. registration of such rights is carried out only in electronic format within one working day, i.e. citizens are given the opportunity to register property rights in one place (at a notary) and as soon as possible without additional registration costs.
Real estate Registration today
Currently, on the basis of the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI ZRK "On Amendments and additions to some Legislative Acts of the Republic of Kazakhstan on improving the regulation of entrepreneurial activity", the functions of registering rights to immovable property have been transferred to the Non-Profit Joint Stock Company "State Corporation "Government for Citizens".
· At the same time, the judicial authorities exercise State control over the activities of the registering body in the field of state registration of rights to immovable property in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
· To date, the terms of registration of rights to immovable property have been shortened to three working days from the date of receipt of the application to the registration authority, electronic registration no later than one working day following the day of receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to immovable property or exemption from payment, simplified package of documents provided for registration Also, according to the APPC RK, a hearing procedure has been introduced to prevent unjustified refusals.
Department of Methodological Support and
control in the field of registration service
Department of Justice of Kostanay region
Sources:
1. Law of the Republic of Kazakhstan dated July 26, 2007 No. 310 "On State registration of rights to immovable property";
2. Order of the Minister of Justice of the Republic of Kazakhstan dated May 4, 2020 No. 27 "On approval of the Rules for the provision of public services "State registration of Rights (encumbrances of rights) to immovable property";
3. Resolution of the Government of the Republic of Kazakhstan dated December 4, 2001 No. 1560 "On the Concept of improvement and development of the system of state registration of rights to immovable property and transactions with it in the Republic of Kazakhstan" (Expired);
4. Article "Electronic registration of rights to immovable property" in the "Paragraph" by Aizhan Nurgazina, Department of Justice of Almat