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The document ceased to be valid since  June 26, 2016 according to Item 2 of the Resolution of the Ministry of Justice of the Republic of Belarus of June 10, 2016 No. 105

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of June 7, 2005 No. 26

About approval of the Instruction about procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action

(as amended on 16-05-2014)

Based on 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:

1. Approve the enclosed Instruction about procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action.

2. To head departments of justice regional and Minsk city executive committees to take necessary measures for realization of regulations of the Instruction about procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action.

3. No. 108 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 16.05.2014

4. This resolution becomes effective on June 14, 2005.

Minister

V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of June 7, 2005 No. 26

The instruction about procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action

1. This Instruction is developed according to the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" (The national register of legal acts of the Republic of Belarus, 2004, No. 120, 2/1055), other acts of the legislation of the Republic of Belarus and establishes procedure for reclamation by notaries of the data and (or) documents necessary for making of notarial action (further - data and (or) documents), their accounting, and also the book contents of registration of interested persons about reclamation of the data and (or) documents necessary for making of notarial action (further - the book).

2. For the purpose of this Instruction under persons who addressed for making of notarial action (further - interested persons), it is necessary to understand the citizen, his representative or the representative of the legal entity, from name, addressed to, according to the order or concerning which notarial actions are made.

3. In case of the request of interested persons for making of notarial action the notary shall find out whether person will independently submit data and (or) documents or collection will be made at the request of the notary.

4. The notary explains to interested persons about need of payment for issue of the data and (or) documents received on its requests for whose provision the legislation of the Republic of Belarus provides payment, and that state bodies and other organizations submit data and (or) documents only based on information which is available for them, and also other necessary regulations of the legislation of the Republic of Belarus.

5. If the interested person showed willingness that collection of all or certain data and (or) documents will be made by the notary, then registration in the book of registration of interested persons about reclamation of the data and (or) documents necessary for making of notarial action, in form according to appendix 1 to this Instruction is made about what the interested person undersigns for the column "Notes".

In the book are specified:

registration number;

registration date, date of representation to the notary of the document confirming introduction of payment for reclamation of data and (or) documents if the legislation provides payment for their issue;

surname, own name, middle name (if that is available) the interested person; the identity document, number and date of its issue, the name of the state body which issued the document; the document according to which powers are checked for the request for making of notarial action from name and for the benefit of other persons; the name of the legal entity, the document according to which legal capacity of the legal entity is checked; the postal address of the residence (the place of stay) for physical person, the address of the location and (or) legal address for the legal entity; contact telephone number;

notarial action for which making interested persons addressed;

state bodies and the organizations of the Republic of Belarus to which inquiries are sent;

date of sending an inquiry;

the date of receipt of reply to the request;

date of making of notarial action, number of registration in the register for registration of notarial actions or mark that notarial action was not made with indication of the reason, and also about return of data and (or) documents.

The notary performs reclamation of data and (or) documents if from the interested person the statement for need of collection of data and (or) documents by mail arrived (further - the statement), authenticity of the signature on which is certified by the notary or the official who according to legal acts is granted the right to make notarial actions and if the legislation provides payment for issue by state bodies and other organizations of the Republic of Belarus of data and (or) documents, then also the document confirming introduction of payment for their issue. If the document confirming introduction of payment for issue of data and (or) documents is not provided, then the notary no later than the day following behind day of receipt of such statement in notary office (notarial bureau) sends to the interested person the message that for making of notarial action it is necessary to request from data and (or) documents state bodies and other organizations of the Republic of Belarus for which issue the legislation provides payment, the amount of payment, bank details, and also specifying that reclamation of data and (or) documents will be made only after provision of the document confirming introduction of payment.

Shall be specified in the statement:

surname, initials of the notary, location address of notary office (notarial bureau);

surname, own name, middle name (if that is available) the interested person;

the identity document, number and date of its issue, the name of the state body which issued the document; the document according to which powers are checked for the request for making of notarial action from name and for the benefit of other persons; the name of the legal entity, the document according to which legal capacity of the legal entity is checked; the postal address of the residence (the place of stay) for physical person, the address of the location and (or) legal address for the legal entity; contact telephone number;

notarial action for which making it is necessary to make collection of data and (or) documents;

mark about explanation of item 4 of this Instruction;

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