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The document ceased to be valid since January 15, 2014 according to Item 7 of the Resolution of the Ministry of Justice of the Republic of Belarus of December 31, 2013 No. 213

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of July 20, 2007 No. 48

About approval of regulations of time for making of notarial actions by the state and private notaries of the Republic of Belarus

Based on 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 regulations of time for making of notarial actions by the state and private notaries of the Republic of Belarus (further notaries) according to appendices 1-21.

2. Regulations of time for making of notarial actions by notaries are used when scoping office loading taking into account costs of the working hours established for making of separate types of notarial actions, efficiency of implementation of notarial activities and also depending on it for forecasting of number of notaries.

3. In each office of notary public, notarial bureau magazines (books) of accounting of departures on official matters in which all office departures of notaries, including departures to agrotowns for implementation of notarial servicing, in local executive and administrative organs for rendering the methodical help, participation in actions for advanced training, other actions are reflected are kept.

Departures of notaries on the house, in hospital and so forth to citizens who on reasonable excuse cannot be in office of notary public (notarial bureau) for making of notarial actions are reflected in the book of accounting of departures for making of notarial actions.

4. For determination of complete amount of office load of the notary time spent for making of notarial and other related actions and also for accomplishment of other service duties is counted.

5. Time spent for making of notarial action consists of the amounts of time spent by the notary on:

5.1. the invitation of person who addressed for making of notarial action (further - the client), mutual representation and clarification of the purpose of visit;

5.2. clarification of line item of the client concerning collection of necessary data and (or) documents (independently or the notary), explanation of the legislation regulating procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action (further - necessary data and (or) documents);

5.3. identification of the client in cases, stipulated by the legislation, check of capacity to act of the citizen, powers on the request for making of notarial action from name and for the benefit of other persons, legal capacity of the legal entity;

5.4. registration of the client in the book of registration of interested persons about reclamation of the data and (or) documents necessary for making of notarial action (further - the book of registration of interested persons), and in the alphabetic book of registration of interested persons about reclamation of data and (or) documents (further - the alphabetic book of registration of interested persons);

5.5. explanation of the legislation regulating making of notarial action for which the client, sense and value of the made notarial action, consequence in law of its making, informing on the amount of payment for making of notarial action addressed;

5.6. forming of case of preliminary consideration (further preliminary case) or heritable case;

5.7. studying or preparation of the draft of statements which giving to the notary is stipulated by the legislation;

5.8. registration of statements, other documents, open heritable cases in stipulated by the legislation books, magazines (magazines of registration of the entering, outgoing documents, the book of accounting of heritable cases, the alphabetic book of accounting of heritable cases, the book of accounting of statements for taking measures to protection of inheritance and (or) to management of it, the book of accounting of values when taking measures to protection of inheritance, receipt and account books of accounting of deposit transactions, etc.);

5.9. preparation, registration and the direction of requests about provision of necessary data and (or) documents;

5.10. check, studying, assessment of the data and (or) documents requested by the notary or provided by the addressed person, and also which are available in office of notary public, notarial bureau;

5.11. the notice of interested persons on receipt of all data and (or) documents requested by the notary and need of appearance for making of notarial action;

5.12. execution of statements of persons, whose consent (refusal) according to the legislation is requested for making of notarial action;

5.13. filling of forms of receipts on acceptance of cash by the notary public in case of payment of the state fee, rate for rendering the additional paid services of legal and technical nature connected with making of notarial actions, filling of forms of receipts on acceptance of cash by the private notary in case of payment of the state fee, notarial rate for making of notarial actions and for rendering the services of legal and technical nature connected with their making;

5.14. verification of the documents confirming payment of the state fee, rate for rendering additional paid services of legal and technical nature, notarial rate, payment of issue of necessary data and (or) documents;

5.15. preparation of the draft of the notarial document, making of certifying text, reading, transfer of the text by the translator (signer), signing of the notarial document, fastening its seal with the image of the State Emblem of the Republic of Belarus (further - official stamp);

5.16. technical document creation, stated on several sheets;

5.17. registration of notarial action in the register for registration of notarial actions, or in the register for registration of prohibitions of alienation of real estate and arrests, or in the receipts (account) book of accounting of deposit transactions;

5.18. putting down of mark about making of notarial action or that it was not made, in the book of registration of interested persons and the alphabetic book of registration of interested persons;

5.19. preparation of requests (orders) for rendering legal assistance according to international treaties of the Republic of Belarus in connection with reclamation by the notary of necessary data and (or) documents;

5.20. preparation and the direction of messages on making of notarial action in tax authorities, guardianship and custody bodies, other state organizations, and also filling, registration and the direction of special forms of registration of financial transaction in bodies of financial monitoring.

6. If the client shows willingness to independently represent to the notary necessary data and (or) documents, time spent for making by the notary of the actions provided by subitems 5. 4, 5.6, 5.9, 5.11, 5.18 Items 5 of this resolution, do not join in the regulation of time for making of specific notarial action established according to appendices 1-21 to this resolution.

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