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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS AND STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of December 10, 2012 No. 290/53

About approval of the Instruction about order of interaction of notaries and the organizations for state registration of real estate, the rights to it and transactions with it

(as amended on 20-05-2014)

Based on Item 1-1 of article 38 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities", 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, and subitem 5.1 of Item 5 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958 "Questions of the State committee on property of the Republic of Belarus", the Ministry of Justice of the Republic of Belarus and the State committee on property of the Republic of Belarus DECIDE:

1. Approve the enclosed Instruction about order of interaction of notaries and the organizations for state registration of real estate, the rights to it and transactions with it.

2. This resolution becomes effective since January 20, 2013.

Acting minister of justice of the Republic of Belarus

 A. V. Bileychik

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

G. I. Kuznetsov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus and the State committee on property of the Republic of Belarus of December 10, 2012 No. 290/53

The instruction about order of interaction of notaries and the organizations for state registration of real estate, the rights to it and transactions with it

1. This Instruction determines procedure for the organization of interaction between notaries and the organizations for state registration of real estate, the rights to it and transactions with it (further - the organizations for state registration) in case of representation by the notary of interests of persons (person) who addressed it for making of notarial actions (further - person who addressed the notary), in the organization for state registration when making registration actions based on the documents certified or issued by the notary if these documents are the basis for state registration.

2. Person who addressed the notary in the written application about the representation of interests in the organization for state registration addressed to the notary (further - the statement addressed to the notary), specifies the following data:

2.1. identification data and data of the identity document of the citizen or representative of the legal entity;

2.2. what of the actions provided by part two of Item 11 of article 38 of 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), the notary has the right to make in case of representation of interests of person who addressed the notary;

2.3. method of receipt of the certificate (certificate) of state registration and other documents, stipulated by the legislation the Republic of Belarus, by results of committed registration action (on paper or in the form of the electronic document; in the organization for state registration, the notary or has way directions by means of mail service the organization for state registration of the documents made on paper, to person who addressed the notary, and electronic documents - by e-mail).

If person who addressed the notary expressed request to receive the certificate (certificate) of state registration and other documents, the stipulated by the legislation Republic of Belarus, by mail (e-mail), then in the statement addressed to the notary, the postal (electronic) address is specified (addresses if them a little) to which the organization for state registration should direct the certificate (certificate) of state registration and other documents, the stipulated by the legislation Republic of Belarus, and in case of the direction of documents by means of mail service it is also specified that person who addressed the notary shall perform fee of mail service;

2.4. the list of the documents necessary for implementation of state registration of real estate, the rights, restrictions (encumbrances) of the rights to it transferred to the notary and transactions with it (further - state registration), including the documents confirming payment of state registration and also in the cases established by the legislation - payment of the state fee, and the number of originals of the transferred documents;

2.5. the data provided by paragraphs the third or fifth parts one of Item 7 of the Instruction on procedure for filling and signing of the statement for the state registration approved by the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of April 23, 2004 No. 17 (The national register of legal acts of the Republic of Belarus, 2004, No. 88, 8/11015);

2.6. other necessary data.

3. The statement addressed to the notary is drawn up by the notary according to the procedure, the provided part three of Item 142 of the Instruction on procedure for making of notarial actions approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 (The national register of legal acts of the Republic of Belarus, 2006, No. 188, 8/15268; 2008, No. 304, 8/19998), is also registered in the magazine of registration of incoming documents.

The notary according to the procedure, the provided part two of Item 14 of the Instruction on procedure for making of notarial actions, certifies the copy of the application, addressed to the notary, for leaving of cases of the notary.

4. The application form for state registration is filled in and signed by the notary according to the Instruction about procedure for filling and signing of the statement for state registration, and in case of the direction of the documents necessary for implementation of registration actions, by means of mail service - also with the Instruction about procedure for giving and document creation, necessary for implementation of registration actions, for the purposes of their further direction by means of the mail service or transfer in the form of electronic documents approved by the resolution of the State committee on property of the Republic of Belarus of December 16, 2011 No. 70 (The national register of legal acts of the Republic of Belarus, 2012, No. 11, 8/24662), taking into account the following features:

4.1. in the Section I "Applicants" of the statement for state registration identification data of person who addressed the notary are specified;

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