On approval of The rules of state registration of pledge of tractors and self-propelled chassis and mechanisms manufactured on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road-building machines and mechanisms, special off-road vehicles
Order of the Deputy Prime Minister of the Republic of Kazakhstan-Minister of agriculture of the Republic of Kazakhstan dated March 30, 2015 No. 4-3 / 268. Registered with the Ministry of justice of the Republic of Kazakhstan on July 21, 2015 No. 11708
In accordance with subparagraph 17) of paragraph 1 of article 6 of the Law of the Republic of Kazakhstan dated July 8, 2005" On state regulation of the development of agro-industrial complex and rural territories17) тармақшасына"and subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013" About public services10-бабы 1) тармақшасына сәйкес ", I order::
1) state registration of this order in the Ministry of justice of the Republic of Kazakhstan;;
2) within ten calendar days after the state registration of this order in the Ministry of justice of the Republic of Kazakhstan, sending a copy of it for official publication in periodicals and the information and legal system " Adilet";;
3) placement of this order on the Internet resource of the Ministry of agriculture of the Republic of Kazakhstan.
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Of the Republic of Kazakhstan, |
A. Abdrakhmanov. Mamytbekov |
"AGREED"
Republic of Kazakhstan
Minister of investment and development
_________ _a. Issekeshev
In 2015 " "
"AGREED"
Republic of Kazakhstan
Minister of national economy
__________ E. Dosayev
In 2015 " "
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Қазақстан Республикасы |
Rules for state registration of pledge of tractors and self-propelled chassis and mechanisms manufactured on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road-building machines and mechanisms, special off-road vehicles
Chapter 1. General provisions
1) "government for Citizens" of the state Corporation (hereinafter the Corporation) in accordance with the legislation of the Republic of Kazakhstan of public services, the activities of quasi-public sector entities and subjects of natural monopolies, providing services for issuing technical conditions for connecting to networks, the principle of "single window" public services, services for the issuance of technical conditions for connection to networks of natural monopolies, the quasi-public sector entities and their recipients, receiving applications for the provision of services on the organization of the transfer of the work results, and to ensure the provision of public services in electronic form created by decision of the Government of the Republic of Kazakhstan, a legal entity carrying out state registration of rights to immovable property at the place of its location;
2) electronic registration of a pledge – registration of a pledge of machines, carried out on the basis of an application in electronic form through the Unified register;
3) registering authority – a structural subdivision of the local Executive body of the region, the city of Republican significance, the capital, district and city of regional significance, which registers the pledge of cars, as well as actions provided for by these Rules (hereinafter-the registering authority (service provider)).
Chapter 2. General provisions Procedure for rendering public services
By agreement of the parties to the pledge obligation, the service recipient may be either the pledger or the pledgee.
5.to obtain a certificate or duplicate certificate of state registration of pledge of vehicles, state registration of pledge of vehicles the applicant submits an application to the registering authority (the service provider) in accordance with Annex 1 to these Rules through the web portal of "electronic government" (further – the portal) or through a public Corporation or the office of the registering authority (of the service provider).1-қосымшаға сәйкес нысан бойынша өтініш береді.
Changes and additions (including the transfer of ownership to another person, the assignment of the claim, the subsequent pledge (re-pledge) construction) to the registering authority for registration of the termination of the registered pledge and the service recipient (a service provider), or through the portal or registering authority, a Public Corporation (service provider) through the office of these Rules, in accordance with Annex 2,shall submit an application according to form.
Characteristics of the process of rendering the state service, form, content and result, but also with the features of rendering of services, for the provision of public services, including other information, a list of basic requirements in these Regulationsto Annex 3 "in accordance with the Tractors and manufactured on their basis self-propelled chassis and mechanisms, trailers thereto, including trailers with mounted special equipment, trailers, self-propelled agricultural, ameliorative and road-building machinery, special machines terrain state registration of pledge (de-registration), changes and additions (including the transfer of ownership to another person, the assignment of the claim, the subsequent pledge (re-pledge) the construction and registration of the termination of the registered pledge and the pledge or granting of duplicate of certificate of state registration" as outlined in the standard of the public service.
7.if the service recipient applies through the state Corporation, the employee of the State Corporation verifies the completeness of the submitted documents and information contained in the application.
If the fact of incompleteness of the submitted documents, as well as documents with expired validity, is revealed, the employee of the State Corporation shall refuse to accept the application4-қосымшағаand issue a receipt for refusal to accept the documents in accordance with Annex 4 to these Rules.
When accepting documents through the state Corporation, the service recipient is issued a receipt for accepting documents.
The accepted documents are sent to the registration authority in accordance with the rules of operation of the State Corporation "Government for citizens", approved by order of the Minister for investment and development of the Republic of Kazakhstan dated January 22, 2016 No. 52 (registered in the Register of state registration of regulatory legal acts for No. 13248)қағидаларына.
If the service recipient applies to a State Corporation, the date of receipt of documents is not included in the term for rendering the state service.
In accordance with the Labor code of the Republic of Kazakhstan dated November 23, 2015, when a service recipientЕңбек кодексінеapplies on weekends and holidays, documents are accepted and the result of the public service is issued on the next business day.
Confirmation of acceptance of the application in hard copy is a note on its copy about registration in the office of the registering authority (service provider) with an indication of the date, time (hour, minute).
If the service recipient submits an incomplete set of documents, as well as expired documents, the employee of the office of the registering authority (service provider) refuses to accept the application4-қосымшағаand issues a receipt for refusal to accept documents in accordance with Annex 4 to these Rules.
If the service recipient applies through the portal, the service recipient's" personal account " displays the status of accepting an application for rendering a public service, as well as a notification indicating the date and time of receipt of the result of the public service.
Engineer inspector within 1 (one) working day from the date of acceptance of the application verifies the authenticity of documents submitted by the applicant for obtaining state services and/or contain data (information) and compliance statement9-бабындаto the requirements established by article 9 of the Law.
Engineer inspector in these Regulations, the information contained in the statement,according to Annex 5to this Regulation and shall enter in the register the pledge of machinery in the form according toAnnex 6,in the form according to the result of rendering the state service check Deposit machines or a copy of the certificate on registration of pledge of certificate of registration of the pledge of machinery or (de-registration), changes and amendments (including transfer of ownership to another person, the assignment of the claim, the subsequent pledge (re-pledge) construction) notice of termination of registration of a registered pledge or action to this RegulationAnnex 7the design of the motivated answer about refusal in providing the state service in accordance and sends to the applicant the result of the public service Corporation.
If the service recipient applies through the portal, the result of providing the public service in electronic form, signed by the EDS of the head of the registering authority (service provider), is sent to the "personal account" of the service recipient.
1) identification of unreliability of documents submitted by the service recipient for receiving a public service, and (or) the data contained therein (information);;
2) non-compliance of the application for registration of collateralwith the requirements of article 9 of the Law;;
3) application of an improper person for registration of a pledge;
4) absence of a document confirming payment to the budget of a fee for state registration of a pledge of movable property.
15.availability and provision of information on the registration (de-registration) of the pledge of machines, registration of changes and additions and termination of the registered pledge18-бабынаis provided by the registration authority (service provider) in accordance with article 18 of the Law.
16.registration authorities (service provider) when a duplicate certificate of state registration of cars, registration of amendments and termination of the registered pledge shall introduce the relevant details in the register of Deposit machines, including a Single registry.
Chapter 3. General provisions Procedure for appealing against decisions, actions (inaction) of the registering authority( service provider) and (or) its official, State Corporation and (or) its employee on the provision of public services
The service recipient's complaint is filed in accordance with paragraph 2 of article 25 of the Law on public services.2-тармағына:
within 5 (five) business days from the date of registration of the registering authority (service provider) ;
the authorized body for assessment and control of the quality of rendering of public services must review it within 15 (fifteen) working days from the date of registration.
When providing a public service through a state Corporation, a complaint about the actions (inaction) of employees of a State Corporation is filed to the head of the State Corporation or to the authorized body in the field of Informatization.
In case of disagreement with the results of the rendered public service, the service recipientapplies to the court in accordance with subparagraph 6) of paragraph 1 of article 4 of the Law on public services.
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Тракторларды және олардың |
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Form |
_________________________________________________________________
(name of the registering authority))
Statement
Pledgor___________________________________________________
___________________________________________________________________
(physical person, individual identification number (hereinafter-IIN), last name, first name, patronymic
(last name, first name, patronymic (if any), address of residence); business identification number of the legal entity
number (hereinafter-bin), name, location address)
Pledgee ________________________________________________
_________________________________________________________________
(surname, first name, patronymic (if any), surname, first name, patronymic (if any) of an individual )
address of the legal entity; bin, name, location address of the legal entity)
____________________________________________________________contain
(guarantee certificate of state registration, or certificate of state registration of pledge of machines
issuing a duplicate certificate)
___________________________________________________________________
(number of the agreement, collateral requirements, or other collateral agreement with coverage
date and place of contract conclusion)
____________________________________________________________________
(list and description of movable property that is the subject of collateral)
(car brand, registration document number and series, GRNZ) or about the Deposit
requirement for a specific description of collateral provided by the agreement of the parties to the contract
General description of the collateral subject without withdrawal)
____________________________________________________________________
(the cash equivalent of the obligation secured by pledge ))
___________________________________________________________________
(term of validity secured by pledge of the obligation))
__________________________________________________________________
(to show that which of the parties has the pledged property, the admissibility and use it again
information about the Deposit).
__________________________________________________________________
email address (if available))
Name of the documents attached to this application:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Signature of the service recipient or their representative/electronic digital signature (hereinafter referred to as EDS)
signature ___________________________________________________
Date of application: 20 _ _ years ________________
Date of receipt of the application: 20 _ _ years________________
I confirm the accuracy of the information provided and am aware of my responsibility for providing false information in accordance with the legislation of the Republic of Kazakhstan.
I agree to the use of information constituting a legally protected secret contained in information systems.
Signature of the service recipient or their representative/electronic digital signature ___________________________________________________
Time: _ _ _ hours _ _ _ minutes
Registrar's signature/electronic digital signature ________________________
_____________________________________________________________________
(last name, first name, patronymic (if any),)
The application is accompanied by a document confirming payment to the budget of the fee for state registration of a pledge of movable property, with the exception of payment through the payment gateway" electronic government".
When submitting an application to the registration authority and / or the state Corporation "Government for citizens", the service recipient submits an identity document, and the representative of the person – a document confirming his / her authority, as well as an identity document.
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Тракторларды және олардың |
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_________________________________________________________________
(name of the registering authority))
Statement
Pledgor___________________________________________________
___________________________________________________________________
(physical person, individual identification number (hereinafter-IIN), last name, first name, patronymic
(last name, first name, patronymic (if any), address of residence); business identification number of the legal entity
number (hereinafter-bin), name, location address)
Pledgee ________________________________________________
_________________________________________________________________
(IIN, first name, patronymic (if any), last name, and address of the individual's place of residence);
bin, name and location address of the legal entity)
____________________________________________________________contain
___________________________________________________________________
(amendments and additions (including transfer of ownership, assignment of claim)
assignment of the right of subsequent pledge (pledge reconstruction)) Deposit and registration fees
termination)
________________________________________________________________________________
(originally registered pledge, instructions, amendments and additions to the pledge agreement
description (transfer of ownership to another person, assignment and assignment of claim)
grounds for subsequent pledge( re-pledge), termination of the registered pledge)
________________________________________________________________________________
(a pledge, or a pledge agreement, for requirements to make amendments and addenda to
agreement on assignment of rights (claims) (including assets and liabilities)
date of signing and number of the agreement on simultaneous transfer of obligations))
_______________________________________________________________________________
(based on the agreement on simultaneous transfer of assets and liabilities and amendments to the
registration of changes made, except for the cases of movable property issued by the registering authority
registration number of the Deposit)
________________________________________________________________________________
(information and description of the changes and additions being made)
(with indication of the car brand, registration document number and series, and GRNZ)))
________________________________________________________________________________
(previous mortgagees ' consent details (later collateral)
(re-mortgage) in case of construction))
Signature of the pledger or his representative/electronic digital signature
_____________________________________________________________________
Signature of the pledgee or his representative/electronic digital signature
_____________________________________________________________________
* In case of assignment of rights (claims) under pledge agreements – a new pledge
signature of the holder/electronic digital signature only, as well as rights (requirements)
an agreement signed by another pledgee.
Date of application: 20 _ _ years__________________
Date of receipt of the application: 20 _ _ years__________________
I confirm the accuracy of the information provided and am aware of my responsibility for providing false information in accordance with the legislation of the Republic of Kazakhstan.
I agree to the use of information constituting a legally protected secret contained in information systems.
Signature of the applicant or their representative/electronic digital signature _____________time: _ _ _ hours _ _ _ minutes
Registrar's signature/electronic digital signature ________________________
_____________________________________________________________________
(last name, first name, patronymic (if any),)
The application is accompanied by a document confirming payment to the budget of the fee for state registration of a pledge of movable property, with the exception of payment through the payment gateway" electronic government".
When applying to the registration authority (service provider) and (or) the state Corporation "Government for citizens", the service recipient submits an identity document, and the representative of the person – a document confirming his authority, as well as an identity document.
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Тракторларды және олардың |
Standard of the state service " State registration (de-registration) of pledge of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road-building machines and mechanisms, special off-road vehicles"
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1 |
name of the service provider |
local Executive authority of the regions, cities of Astana and Almaty, districts and cities of regional significance (hereinafter-the service provider). |
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2 |
ways of providing public services (access channels) |
1) the office of the service provider; |
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3 |
terms of rendering the public service |
2 (two) working days. |
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4 |
. form of public service |
provision : Electronic (partially automated) and (or) paper. |
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5 |
the result of rendering the State service - |
the issuance of duplicate certificate of state registration of pledge of Vehicles or pledge or state registration (deregistration), changes and amendments (including transfer of ownership to another person, the assignment of the claim, the subsequent pledge (re-pledge) construction) the registration and issuance of the notice or the motivated answer about refusal in providing the state services on the termination of the registered pledge. |
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6 |
the amount of fees charged to the service recipient when providing a public service, and the methods of obtaining it in cases provided for by the legislation of the Republic of Kazakhstan |
, the public service is provided on a paid basis. |
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7 |
work schedule |
1) of the service provider –Еңбек кодексінеfrom Monday to Friday from 9.00 to 18.30 hours, with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays, according to the Labor code of the Republic of Kazakhstan dated November 23, 2015 (hereinafter-the Code). |
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8 |
list of documents required for the provision of Public services: |
the recipient of a public service submits the following documents: |
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9 |
grounds for refusal in granting of the state services established by the legislation of the Republic of Kazakhstan |
1) a statement of the applicant for the public service the submission of documents and (or) data contained in them (information) the setting of inaccuracy; |
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10 |
other requirements taking into account the specifics of the provision of public services, including those provided in electronic form and through the state Corporation, the service recipient |
has the opportunity to obtain information on the procedure and status of providing public services in remote access mode through the "Personal account" of the portal, as well as a Single Contact center. |
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Тракторларды және олардың |
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Form |
Receipt of refusal to accept documents
"On state service", law of the Republic of Kazakhstan from April 15, 2013article 20, paragraph 2, guided by the registering authority _________ and (or) the "government for Citizens" of the state Corporation (hereinafter – the State Corporation) ____________________located at: no. _____Department of Your branch in the order of the Minister of Agriculture of the Republic of Kazakhstan from March 30, 2015 No. 4-3/268 " (registered in the register of the state registration of Regulatory legal acts for No. 11708 of Tractors and manufactured on their basis self-propelled chassis and mechanisms, including trailers with mounted special equipment, trailers, self-propelled agricultural, ameliorative and road-building machines and mechanisms, disabilities, rules of the state registration of pledge of machinesAnnex 3,in accordance with the list of documents necessary for the public service of the full package of the documents referred to, particularly:
1) _________________________________________;
2) _________________________________________;
3) _________________________________________
and mechanisms, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road-building machines and mechanisms, special off-road vehicles."
This receipt is drawn up in 2 copies, one for each party.
_______________________________________________________________
_______________________________________________________________
(last name, first name, patronymic (if any), signature of an employee of the registering authority and / or state Corporation ))
Executor: __________________________________________________
(last name, first name, patronymic (if any),)
Telephone ________________
I: ______________________________________________________
(last name, first name, patronymic (if any), signature of the service recipient))
20_ _ _ years "___" _________
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Тракторларды және олардың |
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№_________ sheet
№_________ registration case
Register of pledged vehicles
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Entry no. |
Registry № |
Subject of pledge |
Name and location of the legal entity of the pledgor |
Кепіл беруші |
of the pledge amount of the Pledge |
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1 |
2 |
3 |
4 |
5 |
6Download |
Continuation of the table:
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Contract validity |
Encumbrance occurrence |
termination of Encumbrance |
Registrar's special marks, |
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Document number and title, Registrar's registration number, first and middle name (if any), last name and signature |
Date and time (hours and minutes) |
, Document number and title, Registrar's registration number, first and middle name (if any), last name and signature |
Date and time (hours and minutes) |
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7 |
8 |
9 |
10 |
11 |
12Download |
Record of closing / continuing the registration form _______________________________
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The basis for the termination (if continued) of continuation records |
a list of transferred (when closing) or latest posts (with continued) |
sheet number |
date, time (hours, minutes) |
first name, patronymic (if any), surname and signature |
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of the Registrar 13 |
14 |
15 |
16 |
17 |
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download |
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Тракторларды және олардың |
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_________________________________________________________________
(name of the registering authority))
Certificate of state registration of the pledge of cars for 20 _ _ year "___" _____________ №_________
_________________________________________________________________
(details of the pledgee or the authorized representative of the pledgee))
___________________________________________________________ issued
Confirmation in respect of movable property:
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Type of property |
Registration number |
registration number description of the collateral item |
Qty |
cost |
Note |
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1 |
2 |
3 |
4 |
5 |
6 |
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Download |
_________________________________________________________________
___________________________________________________ Registered _ quarterly
__________________________________________________ pledgee's
_______________________________________________________________
(individual identification number, first name, patronymic (if any), last name, residential address of an individual); business identification number, name, location address of a legal entity)
right____________________________________________________________
__________________________________________________________________
_________________________________________
(description of the collateral item))
_______________________________ registered and the following main features
(registration date and number))
the terms containing _________________________________________________
____________________________________________________________________
(amount of the principal obligation, term of performance and other collateral conditions))
____________________________________________________________________
(date when the agreement was signed)
on the basis of a pledge agreement.
Pledgor's ____________________________________
right_________________________________________________________
type of right_______________________________________________________
____________________________________________________________________
_________________________________________________________________
(last name, first name, patronymic (if any), last name, place of residence, individual identification number of the individual))
_________________________________________________________________
_________________________________________________________________
(address of the legal entity's location, business identification number name and confirmed)
_________________________________________________________________
_________________________________________________________________
(name, date of acceptance, registration number and date))
___________________________________________________________________
_________________________________________________________________
(title document on the subject of pledge))
Registrar _________________________________________________________
_________________________________________________________________
(last name, first name, patronymic (if any), signature/electronic digital signature))
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Тракторларды және олардың |
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___________________________________________________________________
(name and address of the service recipient))
Or the motivated answer about refusal in providing the state service
"On public services" dated 15 April 2013 of the Law of the Republic of Kazakhstan", article 5, paragraph 1, subparagraph 2) the registering authority ____________________________________ employee
(specify name and address))
___________________________________________________________________
(specify the name of the state service))
refuses to provide a public service.
Ground for refusal:_________________________________________________
_____________________________________________________________________
_____________________________________________________________________
This waiver is made in 2 copies, one for each party.
________________________________________________ ___________________
(last name, first name, patronymic (if any), last name, signature of the employee of the registering authority ))
I______________________________________________________________
(last name, first name, patronymic (if any), signature of the service recipient))
20_ _ _ years "___"_______