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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 27, 2013 No. 523

About the organization of notarial activities in the Republic of Belarus

(as amended on 16-10-2017)

For the purpose of enhancement of activities of notariate, increase in the status of the notary and its role in providing the rights and legitimate interests of citizens and legal entities:

1. Determine that:

1.1. since January 1, 2014:

1.1.1. notarial activities in the Republic of Belarus are performed by the notaries who are acting on the basis of the certificates on implementation of notarial activities, authorized officers of local executive and administrative organs, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus according to the procedure and on the conditions established by this Decree and other acts of the legislation governing the relations in the field of notariate;

1.1.2. the state and private notaries acquire the status of the notary and till July 1, 2014 continue to perform notarial activities (on condition of the introduction till January 1, 2014 in members of the Belarusian notarial chamber and the conclusion of the insurance contract of the civil responsibility on case of causing harm by them to other persons as a result of incorrectly committed notarial action) based on the certificates granted before entry into force of this Decree on the occupation right notarial activities and special permissions (licenses) for implementation of private notarial activities which effective period did not expire; *

______________________________

* The requirement of this subitem about the conclusion of the insurance contract of the civil responsibility of damnification case to other persons as a result of incorrectly committed notarial action as condition for continuation of implementation of notarial activities since January 1, 2014 does not extend to the notaries public who are as of the specified date on maternity leaves on child care before achievement of age of three years by it.

1.1.3. organizational forms of implementation by notaries of notarial activities are the notary offices and notarial bureaus formed according to the procedure, established by this Decree and other acts of the legislation governing the relations in the field of notariate;

1.1.4. the offices of notary public and departmental notarial archives formed before entry into force of this Decree are abolished;

1.1.5. the real and other estate of offices of notary public, departmental notarial archives which is in republican property is provided in free use to the Belarusian notarial chamber for a period of one year for ensuring activities of its bodies and organizational structures, notary offices, notarial archives. After the specified term the Belarusian notarial chamber has the privilege to the conclusion of lease agreements of real estate for the purpose of ensuring activities of its bodies and organizational structures, notary offices, notarial archives;

1.1.6. for making of notarial actions and rendering services of legal and technical nature notaries levy notarial rate. The state fee for making of notarial actions by notaries is not collected.

Rates of the notarial rate levied in percentage terms from the basic size (the levied amount) and also cases when the notarial rate is not levied, are established by Council of Ministers of the Republic of Belarus;

1.1.7. for rendering services of technical nature employees of notarial archives levy payment in the sizes determined by Council of Ministers of the Republic of Belarus;

1.1.8. The Belarusian notarial chamber, its organizational structures if other is not provided by part two of this subitem, are exempted from taxes, charges (duties) established by the Tax code of the Republic of Belarus.

The Belarusian notarial chamber, its organizational structures are not exempted from customs payments, the local taxes and charges, and also from obligations of tax agents, including obligations to hold taxes, charges (duties) according to the procedure, established by the Tax code of the Republic of Belarus, in case of payment of the income to the notaries performing notarial activities in notary offices, the salary to workers and also other income. At the same time compulsory insurance premiums are paid to Social Security Fund of the population of the Ministry of Labour and Social Protection by notaries independently;

1.2. notaries shall hand over till July 1, 2014 the certificates granted before entry into force of this Decree on the occupation right notarial activities and special permissions (licenses) for implementation of private notarial activities and receive certificates on implementation of notarial activities which are granted by the Ministry of Justice in a month based on the corresponding statement without payment of the state fee and passing qualification examination;

1.3. the registration certificates of the private notary granted before entry into force of this Decree till July 1, 2014 are subject to replacement by registration certificates of notarial bureau according to the procedure, established by the legislation;

1.4. abolition of offices of notary public and departmental notarial archives according to subitem 1.1.4 of this Item is not the basis for dismissal in connection with reducing number or staff of workers of notaries public, and also other employees of offices of notary public, employees of departmental notarial archives which have the right respectively to continuation of implementation of notarial activities in notary offices in the same location, transfer into work in notary offices, notarial archives or the Belarusian notarial chamber or its organizational structures.

In case of refusal persons specified in part one of this subitem, from continuation of implementation of notarial activities in notary offices or failures to carry out of the conditions established in subitem 1.1.2 of this Item (refusal of transfer into work in notary offices, notarial archives or the Belarusian notarial chamber or its organizational structures) employment relationships with them stop in connection with refusal of further work in connection with change of essential working conditions;

1.5. the extreme number of notaries in the Republic of Belarus, and also the number of the notaries performing notarial activities in notarial bureaus is determined by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus;

1.6. the money for rendering legal and technical nature by notaries public of additional paid services which arrived into accounts of head departments of justice of regional executive committees, the Minsk Gorispolkom till December 31, 2013 goes to the Belarusian notarial chamber for ensuring functioning of notariate according to this Decree.

2. Assign:

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