Comment to article 695. Authorized body in the field of state registration of rights to immovable property, legal entities, acts of civil status The Code of the Republic of Kazakhstan on Administrative Offences
1. The authorized body in the field of state registration of rights to immovable property, legal entities, and acts of civil status considers cases of administrative offenses provided for in Articles 460, 464 (part one), and 466 of this Code.
2. The heads of the authorized body in the field of state registration of rights to immovable property, legal entities, acts of civil status, its territorial divisions and their deputies have the right to consider cases of administrative offenses and impose administrative penalties.
Part 1. Goals, objectives and legal bases in the field of state registration of rights to immovable property are defined by the Law of the Republic of Kazakhstan dated July 26, 2007 No. 310 "On State Registration of Rights to immovable Property".
According to paragraph 28) of Article 1 of the Law, the authorized body is a state body responsible for state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection of immovable property.
Authorized body:
- carries out state control over the activities of the registration authority;
- develops and approves the requirements for the maintenance of the legal cadastre and the rules for access to the legal cadastre;
- develops and approves rules for the provision of statistical and other reporting information in the field of state registration of rights to immovable property;
- develops and approves the instructions for the state technical inspection of real estate;
- exercises other powers stipulated by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
The implementation of state policy in the field of state registration of rights to immovable property, registration of pledge of movable property, state technical inspection of immovable property and maintenance of the register of pledge of movable property is among the tasks of the judicial authorities of the Republic of Kazakhstan.
According to Article 4 of the Law of the Republic of Kazakhstan "On State Registration of Legal Entities and Registration of branches and representative Offices", the state registration of legal entities and registration of branches and representative offices are carried out by the judicial authorities (registration authority).
The state registration of legal entities includes checking the compliance of documents submitted for state registration with the legislation of the Republic of Kazakhstan, issuing them a certificate of state registration with a business identification number, and entering information about legal entities into the National Register of Business Identification Numbers.
The task of the judicial authorities is also the formation and implementation of state policy in the field of state registration, organization of legal assistance and provision of legal services, legal advocacy.
In the field of organization and provision of legal assistance, the judicial authorities carry out the function of regulatory and methodological support, control over the registration of civil status acts and ensure the functioning of relevant databases.
Other functions of the judicial authorities include the conduct of proceedings on administrative offences that fall within the competence of the judicial authorities in accordance with the laws.
The authorized body in the field of state registration of rights to immovable property, legal entities, and acts of civil status, represented by judicial authorities, examines cases of administrative offenses provided for in the following articles of the Administrative Code:
- violation of the deadline for submitting documents for state registration of rights to immovable property (art. 460);
- violation of licensing regulations (part 1 of art. 464);
- violation of the legislation of the Republic of Kazakhstan on state registration of legal entities and registration of branches and representative offices (art. 466).
Part 2. The officials responsible for these offenses are the heads of the authorized body in the field of state registration of rights to immovable property, legal entities, acts of civil status (represented by judicial authorities), its territorial divisions and their deputies.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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