Article 11. State registration of space objects and their rights under the Law on Space Activities

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1. Space objects are subject to state registration:

1) owned by individuals or legal entities of the Republic of Kazakhstan, as well as the rights to these space objects;

2) owned by foreign individuals or legal entities, launched into outer space from the territory of the Republic of Kazakhstan.

2. The state registration of space objects and the rights to them specified in subparagraph 1) of paragraph 1 of this article is understood as accounting for space objects, an act of recognition and confirmation by the State of the emergence, modification or termination of rights (encumbrances of rights) to a space object in accordance with the civil legislation of the Republic of Kazakhstan.

The State registration of space objects specified in subparagraph 2) of paragraph 1 of this article means an entry in the register of space objects without state registration of rights to them.

3. The space objects specified in paragraph 1 of this article are subject to state registration in accordance with the procedure for state registration of space objects and rights to them.

State registration is carried out within five working days from the date of receipt of the application to the authorized body.

4. The rights to space objects arise from the moment of their state registration and are confirmed by a certificate of state registration issued by the authorized body.

5. A fee is charged for the state registration of space objects and rights to them in accordance with the procedure and amounts determined by the tax legislation of the Republic of Kazakhstan.

6. For the state registration of a space object and the rights to it, the following documents are submitted to the authorized body:

1) Application form;

2) the electronic version of the title document for the space object;

3) excluded by the Law of the Republic of Kazakhstan dated 05/16/2014 No. 203-V (effective six months after the date of its first official publication);

4) a document confirming the payment to the budget of the fee for the state registration of a space object and the rights to it.

RCPI's note! Paragraph 6-1 is effective from 01.01.2015 and is valid until 31.12.2015 (see Article 2 of the Law of the Republic of Kazakhstan dated 27.04.2015 No. 311-V).

6-1. When conducting an operation provided for in Article 61-4 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", the following documents are submitted to the authorized body for state registration of changes in rights (encumbrances of rights) to a space object:

1) Application form;

2) a notarized copy of the agreement on the simultaneous transfer of assets and liabilities (with the attachment of the transfer act or an extract from it);

3) a document confirming the payment to the budget of the fee for the state registration of a space object and the rights to it.

6-2. When conducting an operation provided for in subparagraph 11) of the first part of paragraph 1 of Article 132 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", the following documents are submitted to the authorized body for state registration of changes in rights (encumbrances of rights) to a space object:

1) Application form;

2) notarized copies of an agreement on the simultaneous transfer of assets and liabilities, an agreement providing for the acquisition by an organization specializing in improving the quality of credit portfolios of second-tier banks of assets and claims (with an attached transfer act or extract from it), an agreement containing a condition for the assignment of rights (claims);

3) a document confirming the payment to the budget of the fee for the state registration of a space object and the rights to it.

7. The grounds for refusal of state registration of a space object and the rights to it are:

1) submission by the applicant of an incomplete package of documents required for state registration;

2) submission by the applicant of documents that do not comply with the requirements of the legislation of the Republic of Kazakhstan;

3) the existence of encumbrances of rights to a space object that restrict or exclude the disposal of a space object;

4) a court decision that has entered into legal force, limiting or excluding the right to dispose of a space object.

The requirement of subparagraph 3) of the first part of this paragraph does not apply to the state registration of a space object and rights to it in the event of an operation provided for in subparagraph 11) of paragraph 2 of Articles 5-1, Article 61-4 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan".

8. In case of refusal of state registration, the authorized body, no later than five working days from the date of receipt of the application, sends the applicant a written reasoned response indicating the reasons for the refusal.

9. Refusal of state registration of a space object and the rights to it may be appealed to a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

10. If the grounds for refusal of state registration are eliminated, the application for state registration may be submitted again.

11. After the state registration is carried out, as well as when the applicant submits to the authorized body documents confirming the fact of destruction or disposal of a space object, the authorized body makes a corresponding entry in the register of space objects.

The footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 05/16/2014 No. 203-V (effective six months after the date of its first official publication); dated 04/27/2015 No. 311-V (see Article 2 for the procedure of entry into force); dated 02/27/2017 No. 49-VI (effective after ten calendar days days after the date of its first official publication); dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated January 6, 2012 No. 528-IV.

This Law regulates public relations on the implementation of space activities in the Republic of Kazakhstan.

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Republic of Kazakhstan

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