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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of February 19, 2002 No. 3

About approval of the instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified

(as amended on 10-06-2016)

According to the Civil code of the Republic of Belarus the Ministry of Justice of the Republic of Belarus decides:

1. Approve the enclosed Instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified, witnessing of authenticity of the signature on documents.

2. The instruction about procedure for the certificate of wills and powers of attorney, witnessing of authenticity of the signature on documents commanders (chiefs) of military units, connections, organizations and military schools; chiefs, their deputies for medical part, seniors and doctors on duty of hospitals, sanatoria and other military medical institutions; chiefs of correctional institutions, approved as the Minister of Justice of the Republic of Belarus on September 9, 1996 to recognize invalid.

Minister

V. G. Golovanov

It is approved

Minister of Internal Affairs of the Republic of Belarus

January 25, 2002

 

V. V. Naumov

It is approved

Chairman of the State committee of border troops of the Republic of Belarus

January 24, 2002

 

 

A. A. Pavlovsky

It is approved

Minister of natural resources and environmental protections of the Republic of Belarus

January 2, 2002

 

 

L. I. Horuzhik

It is approved

The chairman of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus

January 21, 2002

 

 

G. I. Kuznetsov

It is approved

Vice-chairman of public institution "National center for archives and clerical work"

January 22, 2002

 

 

V. I. Adamushko

It is approved

Letter of the Ministry of Defence of the Republic of Belarus

On October 26, 2001 No. 1/1758

 

It is approved

Letter of the Ministry of Labour and Social Protection of the Republic of Belarus

On November 12, 2001 No. 02-02-07/3506

 

It is approved

Letter of the Ministry of Health of the Republic of Belarus

On October 23, 2001 No. 02-3-1/8691

 

It is approved

Letter of the State committee on aircraft of the Republic of Belarus

On November 14, 2001 No. 9-16-3209

 

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of February 19, 2002 No. 3

The instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified

Chapter 1. General provisions

1. The instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified, and also procedure for witnessing by these persons of authenticity of the signature on documents.

2. For the purposes of this Instruction the following terms and determinations are used:

officials are persons authorized according to the Civil code of the Republic of Belarus to certify the wills and powers of attorney equated to notarially certified;

interested persons are persons specified in Item 3 of Article 186 and in Item 1 of Article 1047 of the Civil code of the Republic of Belarus who addressed officials for the certificate of the will, powers of attorney;

the testator - person who addressed for the certificate of the will;

represented - person which issued the power of attorney;

the representative - person addressed to whom the power of attorney is issued.

3.  No. 220 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 11.11.2014

4. Officials have no right to certify wills, powers of attorney on the name, on its own behalf, addressed to and on behalf of the spouses, their and relatives (parents, adoptive parents (adopters), children including adopted (adopted) of grandsons, the grandfather, the grandma, brothers and sisters).

Chapter 2. General rules of the certificate of powers of attorney, wills

5. In case of the certificate of wills and powers of attorney officials are guided by 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; National legal Internet portal of the Republic of Belarus, 14.01. 2016, 2/2353), Civil code of the Republic of Belarus, this Instruction and other acts of the legislation of the Republic of Belarus.

In case of the certificate of the will or the power of attorney officials reveal declaration of will of the testator represented and compliance of the certified will, the power of attorney to declaration of will, and also carry out legal treatment of the will, power of attorney and check compliance of contents of the draft of the will, power of attorney to requirements of the legislation.

6. The data which are notarial secret, and also containing them documents are issued according to Items 2-4 of article 9 of the Law of the Republic of Belarus "About notariate and notarial activities.

7. Rules about observance of notarial secret extend also to person who knew of committed action in connection with execution of service duties by it, including after dismissal (dismissal).

Person guilty of disclosure of notarial secret bears the responsibility established by the legislation of the Republic of Belarus.

8. In case of the certificate of the will, the power of attorney the official identifies the personality of the interested person.

The personality is identified:

citizens of the Republic of Belarus - according to the passport of the citizen of the Republic of Belarus;

the minors which did not reach 16 years - according to the certificate of birth and (or) the identity document (in case of its availability);

the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus - by the form on residence in the Republic of Belarus;

the foreign citizens and persons without citizenship who are temporarily living in the Republic of Belarus, - according to the valid passport or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreign citizen, stateless person or the international organization (further - the document for trip abroad), at the same time availability of permission to temporary residence in the Republic of Belarus is checked;

the foreign citizens and stateless persons which are temporarily staying in the Republic of Belarus - according to the document for trip abroad, at the same time registration availability in registration authorities is checked if other is not established by the legal acts regulating legal status of foreign citizens and stateless persons in the Republic of Belarus, international treaties of the Republic of Belarus;

the foreign citizens and persons without citizenship which are temporarily staying in the Republic of Belarus, being guests of the heads and the staff of diplomatic representations and consular establishments of foreign states, representations and bodies of the international organizations and interstate educations accredited in the Ministry of Foreign Affairs of the Republic of Belarus - according to the document for trip abroad in the presence of mark (stamp) of the Ministry of Foreign Affairs of the Republic of Belarus about registration;

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