On approval of requirements for maintenance of the legal cadastre and rules for access to the legal cadastre

Updated Unofficial translation

Order of the Minister of Justice of the Republic of Kazakhstan of September 11, 2018 No. 1382. Registered with the Ministry of Justice of the Republic of Kazakhstan on September 12, 2018 No. 17360.

      Unofficial translation

      Footnote. Title - as amended by the Order of the Acting Minister of Justice of the Republic of Kazakhstan dated 11.06.2021 No. 493 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).

      In accordance with subparagraph 2) of Article 18-1 of the Law of the Republic of Kazakhstan “On State Registration of Rights to Immovable Property” dated July 26, 2007 I hereby ORDER:

      1. Approve enclosed:

      1) the requirement to maintenance of the legal cadaster according to Appendix 1 to this order;

      2) rules of access to the legal cadaster according to Appendix 2 to this order.

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Registration Service and Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan shall:

      1) provide the state registration of this order;

      2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, direct it in the Kazakh and Russian languages ​​to the Republican State Enterprise with the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

      3. Control over the execution of this order shall be entrusted to the Supervising Deputy Minister of Justice of the Republic of Kazakhstan.

      4. This order shall be enforced upon expiry of ten calendar days after the date of its first official publication.

      Minister of Justice
of the Republic of Kazakhstan
M. Beketayev

      "AGREED"
Acting
Minister of Information and
Communications of the Republic of Kazakhstan
___________________ N. Mauberlinova
"__" _________ 2018

  Appendix 1
to order No. 1382
of the Minister of Justice
of the Republic of Kazakhstan
dated September 11, 2018

Requirements to the maintenance of the legal cadaster

Chapter 1. General Provisions

      1. These Requirements to the maintenance of the legal cadastre (hereinafter referred to as Requirements) are developed in accordance with subparagraph 2) of Article 18-1 of the Law of the Republic of Kazakhstan dated July 26, 2007 “On State Registration of Rights to Immovable Property” and determine the requirements to the maintenance of the legal cadastre.

      2. Basic concepts used in these Requirements:

      1) operator – an organization that provides maintenance and maintenance of the State Database " Real Estate Register "(hereinafter referred to as SB REE);

      2) legal cadastre – the unified state register of registered rights (encumbrances of rights) to real estate;

      3) user – an employee of the Non-Profit Joint Stock Company " State Corporation "Government for Citizens" (hereinafter referred to as a State Corporation), a person who uses the current SB RER to perform specific functions;

      4) SB RER administrator – an employee of the Operator responsible for supporting and supporting SB RER users;

      5) regional SB RER administrator – a specialist of the Operator's regional branch who provides consulting support to SB RER users, does not have access to RN GDB;

      6) automated system "ServiceDesk" – hereinafter referred to as AS SD) - portal for registering requests for the SB RER functionality;

      7) failure – unplanned temporary failure of the SB RER resulting in the inability to use it;

      8) request – recorded user request for the need to service the SB RER;

      9) employee Line 1 – an employee of the Operator who receives calls from users, provides advice on the operation of the SB RER, as well as registers and escalates requests to the SD AS;

      10) line 2 – an employee of the Operator who performs functional and technical support of the SB RER, analyzes and solves requests;

      11) line 3 – an employee of the Operator who performs the following tasks: collect and analyze user comments and suggestions.

      A footnote. Item 2 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated 08.04.2021 No. 278 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).

      3. Provision of services on registration and processing of a request by Operator employees shall be carried out in the following mode:

      on work days Monday to Friday: 09:00 to 18:30 local time;

      lunch break from 13:00 to 14:30 local time;

      on Saturday: from 10:00 to 14:00 local time;

      Sunday is day off.

      4. Allotted time for processing applications by the Operator employees is reflected in the appendix to these Requirements.

      5. Contact information of reference services on registration of failure, request to the AS SD: 14-14, sd_rn@nitec.kz.

Chapter 2. Requirements to the maintenance of the legal cadaster

      6. Operator provides full technical support for RER SDB, which shall consist in the following:

      1) ensuring uninterrupted operability of RER SDB around the clock, including holidays and weekends;

      2) management of the access rights of the RER SDB users (creation, modification, blocking, changing and restoring of RER SDB users’ accounts 3) check of unimpaired operation and constant monitoring of the RER SDB software;

      4) check, analysis for the presence of incorrect data contained in the RER SDB;

      5) support of RER SDB users, processing of incoming requests to AS SD, analysis, solving problems when working with the functions of RER SDB during the allotted time established by the appendix to these Requirements; 6) maintenance of RER SDB reference information;

      7) provision of consulting support to RER SDB users at the regional level;

      8) support of the client site (monitoring of the RER SDB work on the workplaces of the RER SDB users, upon request received to the AS SD);

      9) collection and forwarding to the State Corporation of comments and suggestions for making changes to the user interface of the RER SDB;

      10) analysis of comments for their processing and elimination in the RER SDB;

      11) provision of uploads and reports to the State Corporation in due time in accordance with the appendix to these Requirements;

      12) modification of the RER SDB functionality based on the comments and suggestions made by the RER SDB users, problems arising during the RER SDB operation.

Chapter 3. Order of registration of failure, request to AS SD

      7. At registration of a failure, request, the following information shall be provided and recorded:

      1) brief description of the fault;

      2) description of the nature of the failure, the request, if necessary with the attachment of supporting documents on the problem ( date and time of the incident / failure, the property identifier, unique code of the reference (in its existence), and so on);

      3) user’s contact information.

      8. At registration of the failure, application to AS SD, an identification number shall be assigned to the request, the level of importance according to paragraph 10 of these Requirements, date and time of the request shall be recorded.

      9. Employees of line 1 of the Operator shall get in touch on the provided contacts with the request initiator to inform him about the assignment to the application of an identification number, level of importance, registration of the date and time.

      10. Levels of importance of a failure, request:

      1) insignificant - correction of errors or the process of improving the quality of services that do not affect the work of the RER SDB and the receipt of public services, as well as inquiries of request-offer nature, the fulfillment of which is not critical, and their correction does not lead to significant deterioration in the functioning of the system and does not have a significant impact on performance capability and operability (proactive actions);

      2) critical – malfunction and degradation of the RER SDB performance capability and operability with an impact on the users’ work and rendering of public services (decrease in productivity);

      3) urgent - RER SDB is partially inoperable. Complete inoperability of individual functions of the system that provides services to users. Problems that have a serious impact on the receipt of services and that require immediate attention (partial absence of services);

      4) pressing - an incident or problem that seriously affects the services provided to users, performance capability of the servers, and requiring correction in the shortest possible time.

  Appendix
to the requirements to the
maintenance of the legal cadaster

Allotted time for processing of requests by the Operator employees

Type of requests

Allotted time for processing of requests (in work hours)

Operator line number

Time of work (local time)

Interaction tool

1

Performance capability and operability

Insignificant – up to 24
Critical – up to 20
Urgent – up to 16
Pressing – up to 4
(analysis of request from 30 minutes to 2 hours)

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

2

Support of functional, business process

Insignificant – up to - 24
Critical – up to 20
Urgent – up to 16
Pressing – up to - 4
(analysis of request from 30 minutes to 2 hours)

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

3

Support of user client places Support of users’ client places (consultations, education, software installation)

Insignificant – up to 24
Critical – up to 20
Urgent – up to 16
Pressing – up to 4
(analysis of request from 30 minutes to 2 hours)

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

4

Provision of uploads and reports

Insignificant – up to 24
Critical – up to 20
Urgent – up to 16
Pressing – up to 8
(analysis of request from 30 minutes to 2 hours)

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

5

Generating, deleting, change of users’ passwords and accounts

Urgent – up to 8

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

6

Problems encountered during interaction between IC

Insignificant – up to 24
Critical – up to 20
Urgent – up to 16
analysis of request from 30 minutes to 2 hours

Line 2

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

7

Modification of functional and correction of errors

Up to 168 hours

Line 3

Users support:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00

AS SD

Operation:
Week days from 09:00 to 18:30
With lunch break from 13:00 to 14:30
Saturday from 10:00 to 14:00
Monitoring of SDB REF:24/7/365

  Appendix 2
to order No. 1382
of the Minister of Justice
of the Republic of Kazakhstan
dated September 11, 2018

Rules of access to the legal cadaster
Chapter 1. General provisions

      1. These Rules of access to the legal cadaster (hereinafter referred to as the Rules) are developed in accordance with subparagraph 2) of Article 18-1 of the Law of the Republic of Kazakhstan “On State Registration of Rights to Immovable Property” dated July 26, 2007 and determine the procedure for access to the legal cadaster.

      2. Basic concepts used in these Rules:

      1) access – activities to create an account in the State database "Real estate register" (hereinafter – SB RER), assigning a primary password, and use and change the primary and the master password;

      2) the operator – a company engaged in support and maintenance of SB RER;

      3) the legal cadastre – unified state register of registered rights (encumbrances of rights) real property;

      4) user – employee non-profit joint stock company "State Corporation "Government for citizens" (hereinafter – the Corporation), a using the current SB RER to perform specific functions;

      5) the administrator of SB RER – employee of the Operator responsible for the maintenance and support of the users of SB RER;

      6) the regional administrator SB RER specialist of the regional branch of the Operator, providing consulting support user SB RER, does not have access to SB RER;

      7) account user information: user name, password, access rights to resources during the work with SB RER;

      8) primary password – a combination of characters (letters, numbers, special characters), established by the administrator of SB RER when creating an account;

      9) master password – a combination of characters (letters, numbers, special characters), set by the user SB RER;

      10) automated system "ServiceDesk" (hereinafter referred to as SD)-portal for registration requests to the functional SB RER;

      11) IP address – a unique network address of a node in a computer network built over IP;

      12) electronic digital signature (hereinafter – EDS) is a set of electronic digital symbols created by means of digital signatures and prove the authenticity of an electronic document, its ownership and immutability of the content.

      A footnote. Item 2 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated 08.04.2021 No. 278 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).

Chapter 2. Order of access to the legal cadaster

      3. For the work in the RER SDB, a user of the RER SDB is required to have an account (login and password), which he receives in the process of registering on the RER SDB server, an IP address and EDS.

      4. When creating a new account for the information resources of the SB RER, the user Manager issues an application in electronic form in accordance with the appendix to these Rules (hereinafter referred to as the application), which, together with a scanned copy of the employment order, is sent by an official letter through the electronic document management system to the Operator for execution. After that, the SB RER administrator creates a user account with a primary password.

      A footnote. Item 4 - as amended by the Order of the Acting Minister of Justice of the Republic of Kazakhstan dated 11.06.2021 No. 493 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).

      5. In case of dismissal of an employee of a State Corporation or his transfer to another position, or transfer to another structural division of the State Corporation, the Head of the SB RER user draws up an application in electronic form, with a scanned copy of the relevant order attached, which are sent by an official letter through the electronic document management system to the Operator for execution.

      A footnote. Item 5 - as amended by the Order of the ActingMinister of Justice of the Republic of Kazakhstan dated 11.06.2021 No. 493 (shall be enforced upon the expiry ten calendar days after the date of its first official publication).

      6. When changing, unblocking, resetting the password of the user account, the regional administrator of the RER SDB shall file an application submitted by the user via AS SD, whereupon the application undergoes the mandatory procedure of approval by the Operator.

      7. Password propagation (transfer) through intermediaries or through unprotected (unencrypted) electronic messages shall not be allowed.

      8. The created account can be transferred only at the personal attendance of the RER SDB user. The login and password in printed form with observance of the confidentiality requirements shall be handed by the regional administrator personally to the RER SDB user who is registered with the account.

      9. The registration process shall result in the formation in the RER SDB database of the RER SDB user account.

      10. For authentication in the system, the RER SDB user is required to enter the user name, password and digital signature.

      11. Requirements for the use of password, as well as the order of its change are described in Chapters 3, 4 of these Rules.

Chapter 3. Requirements to passwords use

      12. When using the main password, the user of the RER SDB shall follow the requirements:

      1) memorize his primary password;

      2) shall not save and shall not propagate the main password, EDS to other persons;

      3) in the event of loss / compromise of the main password, the password of the EDS, notify the immediate superiors of this fact;

      4) change the main password at least once a month;

      5) when changing the main password, observe the requirements described in Chapter 4 of these Rules;

      6) when entering the main password, exclude its observation by unauthorized persons and technical means;

      7) ensure confidentiality and security of the main password.

      13. The RER SDB users shall not be allowed to:

      1) work under someone else's login, EDS and / or password. In case the supervisor of the RER SDB suggests that the RER SDB user worked under such conditions, the RER SDB user shall have the right to demand a written instruction (order) of the supervisor and not to start work until the instruction (order) is given;

      2) tell other RER SDB administrators and users the main password, the password of the EDS;

      3) write the main password, the password of the EDS on paper, in a file, electronic notebook and other media, including on objects;

      4) include the main password in the automatic login scripts;

      5) keep the RER SDB unlocked when leaving the workplace.

Chapter 4. Order of passwords change

      14. At the first login to the system, the RER SDB user with the newly created account shall change the primary password set by the RER SDB administrator.

      15. The RER SDB user shall change the main password at least once a month. The main password shall be created solely by the RER SDB user.

      Generating master passwords by computer programs and third parties shall not be allowed.

      16. An unscheduled change of the main password of the RER SDB user shall be made in the event of compromising his main password or change of authority. The password shall be changed immediately upon completion of the last session in the RER SDB.

      17. Upon the expiry of 30 calendar days from the date of receipt of the new password, the system automatically blocks access to the RER SDB.

      The user shall be given a form for the change of the old password.

      18. Access to the RER SDB shall be opened if the user observes the following password complexity requirements when changing the password:

      1) the password length of at least 8 characters;

      2) the password containing characters belonging to three of the following four categories:

      Latin capital letters (A - Z);

      Latin small letters (a - z);

      numbers (0 - 9);

      symbols other than letters and numbers (for example


      3) inadmissible characters shall be:


      4) it shall not be allowed to use “blank” password as a password;

      5) the password shall not contain the name of the user account or fragments of the user name longer than two characters and / or include easily calculated combinations of characters (own or relatives’ names and dates of birth, car numbers, telephone numbers, etc.) that can be guessed, basing on user information, as well as the standard arrangement of letters on the keyboard (zyxwvuts, 123, 123321, qwerty, and so on);

      6) the password may not be subject to dictionary attacks;

      7) it shall not be allowed to choose passwords that have already been used before;

      8) when changing the password, the new value shall differ from the previous one in no less than 5 positions.

  Appendix to
the rules of access
to the legal cadaster

      Application Form

ӨТІНІМ/APPLICATION

______________________________________________________________
Құрылымдық бөлімше атауы (толығымен) / Full name of structural subunit


жыл/year


Өтініш беру күні /
Date of application filing

      Сізден ЖМТ МДҚ клиенттік қосымшасында пайдаланушының есептік жазбасына төменде берілген кестеге сәйкес әрекеттер жүргізуді сұраймыз/ You are kindly requested to perform operations on user account in the client application of RER SDB in accordance with the table below.

      Әрекет жүргізуге сұраныс/Application for performing operations

Тегі, Аты, Әкесінің аты (ол болған кезде)/ Full name

Жеке сәйкестендіру нөмірі/ Individual identification number

Дербес компьютердің-ІР мекенжайы/ ІР address of personal computer

Пайдаланушының түрі/
User type

Әрекет типі/ Operation type

Қолжетімділік деңгейі/ Access level

Лауазымы/ Position

1








2








3








      Пайдаланушылардың түрі/User types

1

Жылжымайтын мүлікке құқықтарды тіркеу функциясын жүзеге асыратын "Азаматтарға арналған үкімет" Мемлекеттік корпорациясы" КЕАҚ қызметкері/Officer of CJSC "State Corporation "Government for Citizens", performing the function of real estate title registration

2

Объектіні техникалық тексеру функциясын жүзеге асыратын "Азаматтарға арналған үкімет" Мемлекеттік корпорациясы" КЕАҚ қызметкері/ Officer of CJSC "State Corporation "Government for Citizens", performing the function of technical inspection of the object

      Есептік жазбаға жүргізілетін әрекет типтері/Types of operations on the account

1

Пайдаланушыны бұғаттау / To block the user

2

Тіркеу (жұмысқа қабылдау туралы бұйрықтың болуы міндетті)/
To register (attached order of employment is mandatory)

3

Компьютердің IP өзгерту / To change IP of computer

4

Лауазымын өзгерту / To change authority

5

Лауазымын және тегін өзгерту / To change authority and name

6

Лауазымын, тегін және қолжетімділік құқығын өзгерту / To change authority, name and access rights

7

Пайдаланушы паролін алып тастау/Reset user password

8

Пайдаланушының жұмыстан босатылуы (жұмыстан босату туралы бұйрықтың болуы міндетті)/
Dismissal of user (attached order of dismissal is mandatory)

9

Пайдаланушыны бұғаттан алып тастау/ Unblock the user

10

Тегін өзгерту / Change name

11

Есептік жазбаны өзгерту / Change account

12

Қолжетімділік құқығын өзгерту / Change access rights

13

ЖСН өзгерту /Change IIN

      1 пайдаланушының түрі үшін есептік жазбаға қолжетімділік деңгейлерінің түрі/

      Types of access levels of accounts for user type 1

A

VIP қолжетімділік/ VIP access

G

Іс-жүргізуші/Record keeper

M

Арнайы қолжетімділік Special access

B

Тіркеуші/Registrator

H

Архивариус/Archivist

N

Тексеруші/Checker

C

Аға тіркеуші/Super registrator

I

Есептер/Accounts

O

Transfer of cases between regions

D

Әкімші тіркеуші/admin registrator

J

Құпия қолжетімділік/
Secret access

P

Data scanning of the region

E

Тыйым салуды тіркеу/
Registration of arrest

K

Сұраныстар/Requests



F

Ақпараттық қызметтер/Info services

L

ҚР бойынша сұраныстар/
Requests on RK



      2 пайдаланушының түрі үшін есептік жазбаға қолжетімділік деңгейлерінің түрі /

      Types of access levels of accounts for user type 2

A

VIP қолжетімділік/ VIP access

F

Тексеруші/ Checker

B

Іс-жүргізуші/ Record keeper

G

Техник/Technician

C

Архивариус/ Archivist

H

Әкімші техник/Admin technician

D

Есептер/ Accounts

I

Әкімші салық/Admin tax

E

Сұраныстар/ Requests

J

Тапсырысты рәсімдеу/Drawing up an order

      Қосымша ______ парақта / Attachment on ______ pages.

Құрылымдық бөлімшенің басшысы/
Head of structural subunit
________________________________________

________________________

____________

Жауапты қызметкердің лауазымы/
Position of responsible executive

Тегі, Аты, Әкесінің аты (ол болған кезде)/Full name

Қолы/
Signature



Мөрдің орны/ Place of seal


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