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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of October 23, 2006 No. 63

About approval of the Instruction about procedure for making of notarial actions

(as amended on 17-08-2021)

Based on the paragraph of the sixteenth Item 1 of article 21 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" and parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No. 305-Z

1. Approve the Instruction about procedure for making of notarial actions it (is applied).

2. Extend action of the Instruction about procedure for making of notarial actions approved by this resolution on authorized officers of local executive and administrative organs within competence, the stipulated in Article 55 Laws of the Republic of Belarus "About notariate and notarial activities".

Extend action of the Instruction about procedure for making of notarial actions approved by this resolution to diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus within competence, the stipulated in Article 56 Laws of the Republic of Belarus "About notariate and notarial activities" in part, them applicable.

2-1. If consent necessary according to the legislation for the certificate of the agreement, before entry into force of this resolution is drawn up in the form of the statement, authenticity of the signature on which is attested notarially, such document can be accepted by the notary for the certificate of the agreement.

3. From the date of entry into force of this resolution to recognize invalid:

the order of the Ministry of Justice of the Republic of Belarus of November 14, 1996 No. 71 "About approval of the Instruction about procedure for making of executive texts";

the order of the Ministry of Justice of the Republic of Belarus of May 15, 1998 No. 119 "About modification of the Instruction about procedure for making of executive texts";

the order of the Ministry of Justice of the Republic of Belarus of November 15, 1999 No. 243 "About procedure for the notarial certificate of the Marriage agreement" (The national register of legal acts of the Republic of Belarus, 2000, No. 2, 8/1457);

the resolution of the Ministry of Justice of the Republic of Belarus of October 18, 2004 No. 32 "About approval of the Instruction about procedure for the certificate of powers of attorney" (The national register of legal acts of the Republic of Belarus, 2004, No. 172, 8/11612).

4. This resolution becomes effective after its official publication.

Minister

V. G. Golovanov

It is approved

Minister of Foreign Affairs of the Republic of Belarus

October 9, 2006 

 

S. N. Martynov

It is approved

Chairman of the State committee on property of the Republic of Belarus

October 20, 2006

 

G. I. Kuznetsov

It is approved

Minister of Taxes and Tax Collection of the Republic of Belarus

October 23, 2006

 

A. K. Deyko

It is approved

Vice-chairman of the Brest regional executive committee

October 6, 2006 

 

M. I. Yukhimuk

It is approved

Chairman of the Vitebsk regional executive committee

October 5, 2006

 

V.P.Andreychenko

It is approved

Chairman of the Gomel regional executive committee

October 6, 2006 

 

A. S. Jacobson

It is approved

Chairman of the Grodno regional executive committee

October 9, 2006

 

V. E. Savchenko

It is approved

Chairman of the Minsk regional executive committee

October 23, 2006 

 

N.F.Domashkevich

It is approved

Chairman of the Minsk city executive committee

October 5, 2006

 

M. Ya. Pavlov

It is approved

Chairman of the Mogilev regional executive committee

October 9, 2006

 

B. V. Batura

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63

The instruction about procedure for making of notarial actions

Chapter 1. General provisions

1. This Instruction establishes procedure for making of notarial actions.

When making notarial actions notaries are guided by the Constitution of the Republic of Belarus, the Civil code of the Republic of Belarus, the Law of the Republic of Belarus "About notariate and notarial activities", this Instruction and other acts of the legislation, and also international treaties.

Chapter 2. Basic rules of making of notarial actions

2. Notarial actions are made in notary office, notarial bureau, except as specified implementation of notarial activities out of premises of notary office, notarial bureau:

at the request of person about departure of the notary;

in case of departure of the notary to agrotowns, and also to other settlements in the cases determined by the Ministry of Justice.

If the citizen arrived to the location of notary office, notarial bureau, however owing to physical defects, disease (violations of functions of the musculoskeletal device, etc.) it is difficult to it to come into premises of notary office, notarial bureau, the notary has the right to leave to the citizen for clarification of its intentions concerning making of notarial action, explanation of the rights and obligations, the warning of effects of the made notarial action, signing of the document expressing contents of the transaction, other notarial document, statement, and also consent, refusal which are drawn up according to part two of Item 13 of this Instruction, receipt in the register for registration of notarial actions in receipt of the notarial document.

3. If the appearance to the notary of other persons except persons who addressed for making of notarial action is necessary for making of notarial action according to the legislation (further – other persons), and also consent, failure of other faces, then the notary makes notarial action after appearance of other persons.

The appearance of other persons is not required if there is their consent, refusal certified by the notary or the official, the representative to make such notarial actions.

4. If the citizen who addressed for making (participating in making) of notarial action, owing to physical defects, disease, illiteracy, old age cannot read the text of the document, and also at the request of the citizen who addressed for making (participating in making) the notarial action, the text of the document becomes engrossed in reading to it of the notary, except as specified, established by legal acts. On the document to the signature of the citizen the notary makes record about reading to the citizen who addressed for making (participating in making) of notarial action, the text of the document with indication of the reading reasons. If the blind citizen competent, he can sign with own hand the document, and in case of illiteracy or at its request for it the document can sign other person.

If addressed for making (participating in making) notarial action the deaf, mute or deaf-and-dumb citizen is illiterate, then when making notarial action the text of the processed document shall it be translated by the competent person who is knowing sign language and confirmed the qualification. Person who made such transfer in the presence of the notary appends on the document the signature certifying that contents of the document correspond to will of the deaf, mute or deaf-and-dumb citizen who addressed for making (participating in making) the notarial action. About participation of the competent person knowing sign language it is specified in the text of the processed document, the certifying text is supplemented with the corresponding record.

If the notary has bases to assume that person participating in making of notarial action cannot understand values of the actions or direct them or such person abuses alcoholic drinks, drugs, psychotropic substances, their analogs, and data on recognition of person incapacitated or is limited by capable is not available, the notary according to Item 2 of article 61 of the Law of the Republic of Belarus "About notariate and notarial activities" postpones making of notarial action and finds out whether there is judgment about recognition of the citizen incapacitated or is limited by capable.

In case when making notarial action transfer of the processed documents for person who is not owning Belarusian or Russian is required interpretation can be made by the notary or the translator famous to it. If interpretation of the document is made by the translator, then to the signature of the citizen or to certifying text record that the translator confirms accuracy of translation which the translator certifies the signature is made.

When making notarial action at the request of persons who addressed for making of notarial action, the notary or the translator transfer of the notarial document into foreign language can be at the same time made. In this case the target text is located on one page near the text of the document divided by vertical line so that the text of the document was on the left side, and the target text – on right.

If transfer of the notarial document is made by the translator, then to the signature of the citizen or to certifying text record that the translator confirms accuracy of translation which the translator certifies the signature is made.

On the notarial document under texts in the Belarusian (Russian) and foreign languages one certifying text of the established form is made.

The notary in case of adoption of the statement for making of executive text, making of executive text in electronic form, and also when witnessing authenticity of the signature of the translator has the right not to require corporal appearance of officials (representatives) of legal entities and translators famous to it if it has documents confirming powers of specified persons, samples of their signatures (the certificates of open keys (in the presence) received in case of the personal address, and authenticity of the provided signatures does not raise doubts.

The documents confirming powers of officials (representatives) of legal entities and translators, and samples of their signatures (certificates of open keys are (in the presence) created in the personal record of the official (representative) of the legal entity or translator.

The personal record is drawn up at written request of the legal entity after provision of the documents confirming state registration, competences to making of action for which making the legal entity, powers of the representative on making of such actions from name and for the benefit of the legal entity addressed.

The documents confirming powers of officials (representatives) of legal entities, and samples of their signatures (the certificates of open keys (in the presence) received in case of the personal address shall be updated at least once a year.

The personal record of the translator is drawn up according to the procedure, established by part two of Item 173 of this Instruction.

5. Notarial actions are registered in the register for registration of notarial actions or in the register of the deposit of the notary.

Entry in the register is made for registration of notarial actions after signing by participants of making of notarial action and (or) the notary of the notarial document.

5-1. Notarial acts are the following notarial documents and notarial certificates, and also their duplicates granted by the notary certified by the notary:

transactions (including wills);

powers of attorney, cancellation of powers of attorney;

consent, refusals;

donation cancellation if the donator will endure the donee (further – donation cancellation);

statements of members of limited liability company (additional liability company) for exit from society;

certificates on the right to inheritance;

certificates on the certificate of powers of the testamentary executor (executor);

certificates on the property right to shares in the property acquired by spouses during marriage;

certificates on the certificate of the fact of finding of the citizen in live;

certificates on the certificate of the fact of finding of the citizen in certain place;

certificates on the certificate of identity of the citizen with person represented in the photo;

certificates on adoption of petitions from citizens and legal entities for implementation of transfer to other citizens and legal entities and certificates on transfer of such statements;

certificates on acceptance on document storage;

certificates on submission of electronic documents for state registration.

When making notarial action as a result of which the notarial act is formed at the initiative of the notary or all interested persons participating in making of notarial action, the notary the video can be carried out.

Carrying out video at the initiative of the notary or all interested persons participating in making of notarial action requires the consent to collection, processing, storage, use and provision of personal data in connection with carrying out video (further – consent to processing of personal data), all persons participating in making of notarial action.

The statement for consent to processing of personal data is addressed to the notary making notarial action and shall contain:

surname, own name, middle name (if that is available) (further – surname, own name, middle name) person participating in making of notarial action;

surnames, own names, middle names of persons initiating carrying out video and if carrying out video is initiated by the representative of the legal entity – full name of the legal entity, concerning the representative of the legal entity – post of the employee (in the presence);

date of making of notarial action;

type of notarial action when which making carrying out video is initiated;

the term to which it is agreed, determined according to the video storage duration established by the Rules of notarial clerical work approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 26, 2006 No. 64;

other information which specifying is obligatory according to the legislation.

The statement specified in part four of this Item moves in writing in case of the personal address to the notary. The notary in case of adoption of the statement identifies the personality of the applicant (representative), checks capacity to act, powers of the representative about what on the statement does mark in which enters surname, own name, middle name of the applicant (representative), number, month, year of birth, identification number (in the presence), the name (type) of the identity document, its number, date of issue, the name (code) of the body which issued the document. The mark is certified by the signature of the notary with indication of date, the status of the notary, its initials and surname. The application is signed with own hand by the applicant (representative) in the presence of the notary.

In the absence of consent to processing of personal data at least of one person participating in making of notarial action, notarial action is made without carrying out video.

For carrying out video by the notary the mobile device or the camera can be used. Permission of shot of the camera in pixels cannot be less than 640 on 480.

Before carrying out video all persons participating in making of notarial action are warned by the notary about carrying out video.

Faces of all citizens participating in making of notarial action shall get to lens of the camera.

When carrying out video the course of making of notarial action shall be fixed.

The video shall contain the following data:

the place, date and time of the beginning and the termination of video, and in need of video break – time of the beginning and the termination of break of video;

surname, own name, middle name of the notary (with indication of the status of the notary and the name of the notarial district) who is carrying out video;

surnames, own names, middle names of persons (full name of the legal entity) initiating carrying out video;

surnames, own names, middle names of citizens and (or) full name of the legal entities participating in making of notarial action.

About carrying out video it is specified in the register for registration of notarial actions.

6. Persons participating in making of notarial actions submit to the notary the documents proving their identity, confirming capacity to act of citizens (civil capacity to act), legal capacity of legal entities, powers on making of such actions from name and for the benefit of other persons.

Documents based on which notarial actions are made join the copy of the transaction, certificate on the right to inheritance which is stored in cases of the notary, etc.

Authentic documents (the registration certificate of acts of civil status, the reference containing data from record of the act of civil status, the copy of the court decree, the state acts on right to use, right of lifetime inheritable possession, the right of private property to the parcel of land, the certificate on the right of temporary use by the parcel of land, the certificate (certificate) of state registration, the registration certificate (technical data sheet) of the vehicle, the credit agreement, constituent documents of the legal entity, documents confirming state registration of the legal entity, the statement or other documentary information from the Single state register of legal entities and individual entrepreneurs) return to persons which provided them with leaving in cases of the notary in the cases established by this Instruction, their copies. Copies can be represented by persons who addressed for making of notarial action, and also at their request to be made by the notary or the employee of notary office, notarial bureau. Copies of the documents left in cases of the notary are certified by the signature of the notary with indication of date, the status of the notary, its initials and surname.

Copies of civil registrations are stored in cases of the notary.

Identity documents, return to persons which provided them.

The documents confirming legal capacity of the legal entity return to person which provided them. About availability of the specified documents the mark in the copy of the transaction, power of attorney, statement for cancellation of the power of attorney, copy of consent, refusal, the statement for cancellation of donation, the statement of the member of limited liability company (additional liability company) for exit which is stored in cases of the notary from society, the document of governing body of economic society which fact of reliability is certified the statement for issue of the certificate on the right to inheritance, the statement for issue of the duplicate of the notarial document becomes. If such mark is not located on the document, it can be stated (is continued) on the single sheet which is attached to the document. The specified mark is certified by the signature of the notary with indication of date, the status of the notary, its initials and surname.

If when making notarial action the copy of the notarial document does not remain in cases of the notary, details of the documents confirming legal capacity of the legal entity, power of the representative are specified in the register for registration of notarial actions.

In cases when according to this Instruction in notarial documents, other documents place of residence (the place of stay) of person who addressed the notary are subject to specifying, such data are specified according to the identity document (the certificate (certificate) of registration in the place of stay), and in the absence of such data in the submitted documents, including in case of submission of biometric identity documents, – with the data received from the register of the population.

At the request of the citizen in the notarial document, other document the address of its actual accommodation can be specified in addition according to the citizen.

In the absence of place of residence (the place of stay) in the submitted documents or impossibility of their obtaining from the register of the population the address of the actual accommodation in the notarial document, other document is specified according to the citizen.

6-1. In cases when according to Item part two 20, part two of Item 24 and part one of Item 162-4 of this Instruction the notary needs to check data on opening of heritable case, the notary checks such data according to information which is available in information (electronic) resources (systems) of the Belarusian notarial chamber, and concerning the testators who died till December 31, 1976 inclusive - and according to the alphabetic books of accounting of heritable cases which are stored in notary office in the place of opening of inheritance.

If data on opening of heritable case contain in alphabetic books of accounting of the heritable cases which are stored in other notary office or in notarial archive, they are requested by the notary by means of the telephone message which is drawn up in the form of the separate document in which date and time of receipt of data, contents of the telephone message (the received data), initials and surname of the provided data of the notary managing notarial archive and the notary who accepted the telephone message are specified. At the same time the additional direction of data on paper is not made.

If data on opening of heritable case contain in alphabetic books of accounting of the heritable cases which are stored in the Public Records Office, they are requested by the notary by means of sending an inquiry.

If heritable case did not open, join copy of the notarial document unpacked and certified by the notary according to the procedure, provided by Rules of notarial clerical work, the data from information (electronic) resources (systems) of the Belarusian notarial chamber, and concerning the testator who died till December 31, 1976 inclusive, the reference which is also constituted by the notary that heritable case did not open, and (or) the telephone message containing such data.

7. In the cases established by the legislation on prevention of legalization of income gained in the criminal way financings of terrorist activities and financing of distribution of weapons of mass destruction, the financial transactions which are subject to special control notaries shall register in the special form and present it in the form of the electronic document in body of financial monitoring.

8. Notaries refuse making of notarial action in terms and on the bases, the stipulated in Clause 71 Law of the Republic of Belarus "About notariate and notarial activities".

The refusal in making of notarial action is taken out based on the written application of the interested person about making of notarial action or about pronouncement of the resolution on refusal in making of notarial action and drawn up by pronouncement of the resolution. The resolution shall contain:

date of removal;

surname and initials of the notary, specifying of the status of the notary (name of the notarial district);

surname, own name, middle name of the citizen who addressed for making of notarial action, the place of his residence (the place of stay) or the name, the location of the legal entity;

type of notarial action which making person requested;

causes of failure in making of notarial action (with reference to acts of the legislation);

procedure and terms of appeal of refusal.

9. Making of notarial action is postponed by notaries once according to the statement of the interested person wishing to take a legal action for contest of the right or the fact about which certificate asks other interested person (further – the statement for adjournment).

The term of adjournment of making of notarial action cannot exceed ten days, being for court workers.

The term of adjournment of making of notarial action begins to flow from the date of filing of application about adjournment if other is not provided by parts four and heel of this Item.

If on acceptance date the notary of the statement for adjournment of making of executive text the claimant filed petition for making of executive text, the term of adjournment of making of executive text begins to flow from the date of filing of application about adjournment.

If on acceptance date the notary of the statement for adjournment of making of executive text the claimant did not file petition for making of executive text, the term of adjournment of making of executive text begins to flow from the date of filing of application about making of executive text.

The application for adjournment is submitted to the notary in writing in case of the personal address or in the form of the electronic document by means of information (electronic) resources (systems) of the Belarusian notarial chamber and shall contain:

type of notarial action about which adjournment asks the interested person;

surname, own name, middle name of the citizen or full name of the legal entity which addressed or can address for making of notarial action;

surname, own name, middle name of the interested person submitting the application, identification number (in the presence) or full name of the legal entity, registration number in the Single state register of legal entities and individual entrepreneurs, accounting number of the payer or other similar number assigned in foreign state, post of the serving representative of the legal entity (in the presence);

the e-mail address and (or) contact telephone number – in case of filing of application in writing in case of the personal address to the notary;

the e-mail address and contact telephone number (in the presence) – in case of filing of application in the form of the electronic document;

other necessary data.

The notary in case of adoption of the application for adjournment submitted in writing in case of the personal address identifies the personality of the applicant (representative), checks capacity to act, powers of the representative about what on the statement does mark in which enters surname, own name, middle name of the applicant (representative), number, month, year of birth, the name (type) of the identity document, its number, date of issue, the name (code) of the body which issued the document. The mark is certified by the signature of the notary with indication of date, the status of the notary, its initials and surname. The application is signed with own hand by the applicant (representative) in the presence of the notary.

The notary in case of adoption of the application for adjournment submitted in writing in case of the personal address to the notary explains to the applicant content of part seven of Item 2 and Item 3 of article 61 of the Law of the Republic of Belarus "About notariate and notarial activities", about momentariness of adjournment of making of notarial action according to such statement, reports date until which making of notarial action is postponed if other is not provided by part nine of this Item.

If on acceptance date the notary of the statement for adjournment of making of executive text the claimant did not file petition for making of executive text, the notary informs the applicant that in case of receipt of the statement for making of executive text he will be informed by e-mail or telephone communication on the beginning of current of term of adjournment and date until which making of executive text is postponed.

In case of filing of application about adjournment in the form of the electronic document the notary sends to the applicant by e-mail the notice on receipt of the statement for adjournment which shall contain information specified in parts eight and the ninth this Item.

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