RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of January 26, 2015 No. 15

About modification and amendments in the Instruction about procedure for making of notarial actions

Based on the paragraph of the eighteenth subitem 6.20 of Item 6 and 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. Bring in the Instruction about 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; 2009, No. 96, 8/20792; No. 145, 8/21037; No. 175, 8/21235; 2010, No. 184, 8/22599; No. 251, 8/22846; 2011, No. 55, 8/23626; No. 76, 8/23840; No. 128, 8/24391; 2012, No. 49, 8/25375; National legal Internet portal of the Republic of Belarus, 07.07. 2012, 8/26096; 02:08. 2012, 8/26197; 15:01. 2013, 8/26730; 12:02. 2013, 8/26888; 27.12. 2013, 8/28180; 12:07. 2014, 8/28853), changes and amendments, having been reworded as follows it it (is applied).

2. This resolution becomes effective after its official publication.

Minister

O. L. Slizhevsky

It is approved Minister of Foreign Affairs of the Republic of Belarus January 22, 2015

V. V. Makey

It is approved Chairman of the State committee on property of the Republic of Belarus December 17, 2014

G. I. Kuznetsov

It is approved Minister of Taxes and Tax Collection of the Republic of Belarus December 17, 2014

V. N. Poluyan

It is approved Chairman of the Brest regional executive committee December 17, 2014

K. A. Sumar

It is approved Chairman of the Vitebsk regional executive committee December 16, 2014

A. N. Kosinets

It is approved Chairman of the Gomel regional executive committee December 15, 2014

V.A.Dvornik

It is approved Chairman of the Grodno regional executive committee December 17, 2014

V. V. Kravtsov

It is approved Chairman of the Minsk city executive committee December 17, 2014

A.V.Shorets

It is approved Chairman of the Minsk regional executive committee December 11, 2014

S. B. Shapiro

It is approved Chairman of the Mogilev regional executive committee December 10, 2014

P.M.Rudnik

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63
(in edition of the Resolution of the Ministry of Justice of the Republic of Belarus of January 26, 2015 No. 15)

The instruction about procedure for making of notarial actions

Chapter 1. General provisions

1. This Instruction establishes procedure for making of notarial actions.

When making notarial actions the notaries performing notarial activities in notary office and the notaries performing notarial activities in notarial bureau (further, unless otherwise specified, - notaries), are guided by the Constitution of the Republic of Belarus, the Civil code of the Republic of Belarus, 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 Instruction about procedure for reclamation by the notary of the data and (or) documents necessary for making of notarial action approved by the resolution of the Ministry of Justice of the Republic of Belarus of June 7, 2005 No. 26 (The national register of legal acts of the Republic of Belarus, 2005, No. 91, 8/12699; No. 105, 8/12766), this Instruction and other legislation of the Republic of Belarus.

Chapter 2. Basic rules of making of notarial actions

2. Notarial actions are made in notary office, notarial bureau, except as specified implementation of notarial activities out of premises of notary office, notarial bureau:

at the request of the interested person about departure of the notary;

in case of departure of the notary to agrotowns, and also to other settlements in the cases determined by the Ministry of Justice.

If the citizen arrived to the location of notary office, notarial bureau, however owing to physical defects, disease (violations of functions of the musculoskeletal device, etc.) it is difficult to it to come into premises of notary office, notarial bureau, the notary has the right to leave to the citizen for clarification of its intentions concerning making of notarial action, explanation of the rights and obligations, the warning of effects of the made notarial action, signing of the notarial document, the receipt in the register for registration of notarial actions in receipt of notarially processed document.

3. If the appearance to the notary of other persons except persons who addressed for making of notarial action is necessary for making of notarial action according to the legislation (further - other persons), and also consent (refusal) of other persons, then the notary makes notarial action after appearance of other persons.

The appearance of other persons is not required if there is their consent (refusal) certified by the notary or the official, the representative to make notarial actions.

4. If the citizen who addressed for making of notarial action, illiterate or blind or owing to physical defects, old age, disease cannot read the text of the document, the notary shall read it the text of the document, except as specified, established by legal acts, and make on the document to the signature of the citizen mark about reading. If the blind citizen competent, he can personally sign the document, and in case of illiteracy or at its personal request for it the document can sign other person.

If the deaf, mute or deaf-and-dumb citizen who addressed for making of notarial action is illiterate, then when making notarial action texts of notarially processed documents shall it be translated by the competent person who is owning technology of sign language translation and confirmed the qualification which shall append on the document the signature certifying that contents of the transaction correspond to will of the deaf, mute, deaf-and-dumb citizen participating in it. About participation of the competent person owning technology of sign language translation it is specified in the text of notarially processed document, the certifying text is supplemented with the corresponding record.

In case when making notarial action transfer of notarially processed documents for person who is not owning Belarusian or Russian is required interpretation can be made by the notary or the translator famous to it. If interpretation of the document is made by the translator, then to the signature of the citizen or to certifying text the translator makes record that he confirms accuracy of translation which certifies the signature.

When making notarial action at the request of persons who addressed for making of notarial action, the notary or the translator transfer of notarially processed document into foreign language can be at the same time made. In this case the target text is located on one page near the text of the document divided by vertical line so that the text of the document was on the left side, and the target text - on right.

If transfer of the document is made by the translator, then to the signature of the citizen or to certifying text record that the translator confirms accuracy of translation is made. Record is certified by the signature of the translator.

On the processed document under texts in the Belarusian (Russian) and foreign languages one certifying text of the established form is made.

The notary has the right not to require corporal appearance of officials (representatives) of legal entities and translators famous to it if it has documents confirming powers of specified persons samples of their signatures received in case of the personal address, and authenticity of the provided signatures does not raise doubts. In this case in column 4 of the register for registration of notarial actions entry about availability (forming) of the personal record is made.

The documents confirming powers of officials (representatives) of legal entities and translators and samples of their signatures are created in the personal record of the official (representative) of the legal entity or translator.

The personal record is drawn up at written request of the legal entity after provision of the documents confirming state registration, competences to making of action for which making the legal entity, powers of the representative on making of such actions from name and for the benefit of the legal entity addressed.

The documents confirming powers of officials (representatives) of legal entities and samples of their signatures received in case of the personal address shall be updated at least once a year.

The personal record of the translator is drawn up according to the procedure, established by part two of Item 173 of this Instruction.

5. Notarial actions are registered 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 book of accounting of deposit transactions.

Entry of notarial action in the register is made only after notarially certified (witnessed) document is signed by participants of notarial action and (or) the notary.

6. Persons who addressed for making of notarial actions submit to the notary the documents proving their identity, civil capacity to act of citizens, legal capacity of legal entities, powers on making of such actions from name and for the benefit of other persons.

Documents based on which notarial actions are made join the transaction copy which is stored in cases of the notary, the certificate on the right to inheritance, etc.

Authentic documents (the registration certificate of acts of civil status, the state acts on the right of temporary use by the parcel of land, the certificate (certificate) of state registration, the registration certificate (technical data sheet) of the vehicle, the credit agreement, constituent documents of the legal entity, documents confirming state registration of the legal entity) return to persons which provided them with leaving in cases of the notary in the cases established by this Instruction, their copies to right to use, right of lifetime inheritable possession, the right of private property to the parcel of land, the certificate. Copies can be represented by persons who addressed for making of notarial action, and also at their request to be made by the notary or the employee of notary office, notarial bureau. Fidelity of copies of the documents left in cases of the notary is certified by the notary with indication of the status of the notary, date and putting down of the signature.

Copies of civil registrations are stored in cases of the notary.

Identity documents, return to persons which provided them.

The documents confirming legal capacity of the legal entity return to person which provided them. About availability of the specified documents the mark in the transaction copy which is stored in cases of the notary, the statement for issue of the certificate on the right to inheritance, the statement for issue of the duplicate of notarially certified document is made if such mark is not located on the document, it can be stated (is continued) on the single sheet which is attached to the document.

If when making notarial action the copy of notarially processed document does not remain in cases of the notary, details of the documents confirming legal capacity of the legal entity are specified in the register for registration of notarial actions.

7. In the cases established by the legislation on prevention of legalization of income gained in the criminal way financings of terrorist activities and financing of distribution of weapons of mass destruction, the financial transactions which are subject to special control notaries shall register in the special form and present it in the form of the electronic document in body of financial monitoring.

8. Notaries refuse making of notarial action in terms and on the bases, the stipulated in Clause 62 Laws of the Republic of Belarus "About notariate and notarial activities".

The refusal in making of notarial action is taken out based on the written application of the interested person about making of notarial action or about pronouncement of the resolution on refusal in making of notarial action and drawn up by pronouncement of the resolution. The resolution shall contain:

date of removal;

surname and initials of the notary, specifying of the status of the notary (name of the notarial district);

surname, own name, middle name (if that is available) (further - surname, own name, middle name) the citizen who addressed for making of notarial action, the place of his residence (or the name, the address of the location of the legal entity);

the name of notarial action which making person requested;

causes of failure in making of notarial action (with reference to the legislation of the Republic of Belarus);

procedure and terms of appeal of refusal.

9. For making of notarial actions and rendering services of legal and technical nature notaries levy notarial rate.

The authentic documents confirming payment of notarial rate are stored in cases of the notary levying it and created in cases of one office work year according to the nomenclature of cases.

10. If the citizen or the representative of the legal entity cannot be in notary office, notarial bureau for making of notarial action, the notary at its request leaves for making of notarial action to the location of the citizen or representative of the legal entity on condition of compensation by the interested person of actually made transportation expenses connected with such departure or delivery of the notary to the place of implementation of departure for making of notarial action and back.

The notary finds out from the interested person who requested departure what notarial action needs to be made with departure. Date and time of departure of the notary for making of notarial action are determined by the notary in coordination with the interested person.

The notary in the register, in certifying text, in the certificate makes record about making of notarial action with departure with indication of the address of the place of making of notarial action for registration of notarial actions.

In the book of accounting of departures of the notary the notary makes record about departure with indication of surname for making of notarial actions, own name, middle name of person for which departure, names of notarial action, departure time, and also mark about making or non-execution of notarial action was performed.

Chapter 3. General terms of the certificate of transactions

11. If the notary has bases to assume that the participant (participants) of the transaction cannot understand values of the actions or direct them, or he will determine that the participant of the transaction abuses alcoholic drinks, drugs or psychotropic substances, and data on recognition of person incapacitated or is limited by capable is not available, the notary according to Item 2 of article 54 of the Law of the Republic of Belarus "About notariate and notarial activities" postpones making of notarial action and finds out whether there is judgment about recognition of the citizen incapacitated (Article 29 of the Civil code of the Republic of Belarus) or limited in capacity to act (Article 30 of the Civil code of the Republic of Belarus).

For judgment availability for recognition of the citizen incapacitated or limited in capacity to act the notary sends inquiry to guardianship and custody body at the place of residence of the citizen concerning which data are requested.

If the judgment was not passed, the notary has the right to send the message to the persons or the organizations specified in Article 373 of the Code of civil procedure of the Republic of Belarus about the circumstances established by it. In the message it is also specified about need to inform on results of consideration of the message.

In case of the address of the interested persons specified in Article 373 of the Code of civil procedure of the Republic of Belarus to court with the statement for recognition of person incapacitated or it is limited capable making of notarial action stops to permission of case by court.

In case of the address to the notary behind the certificate of the transaction of the citizen who is at the time of its making in such condition when he cannot understand value of the actions or direct them, the notary has the right to refuse the certificate of the transaction regardless of the fact that the court decree about recognition of person incapacitated or is limited by capable is absent.

12. Before signing of the transaction of the party shall read the text of the transaction, at the same time the notary explains that this transaction is expression of will (action) of the parties in witness whereof it is necessary to append signatures.

If the parties of the transaction owing to physical defects, diseases, to illiteracy or for other reasons are not able to read the text of the transaction, then the text becomes engrossed in reading aloud of the notary or the other person in the cases established by legal acts.

13. If according to the legislation consent or refusal are necessary for the conclusion of the agreement (further, unless otherwise specified, - consent) certain citizens, they shall be certified if other is not established by this Instruction.

When consent is drawn up along with the certificate of the agreement, the notary identifies the personality signed (signed) according to the documents proving his identity checks capacity to act about what makes the following mark: "The personality (surname, own name, middle name signed (signed) consent) is established, capacity to act is checked". The mark is certified by the signature of the notary with indication of date. Consent is signed by person in the presence of the notary. Such consent is drawn up in one copy which remains in cases of the notary.

If consent was drawn up not along with the certificate of the agreement, then consent shall be certified by the notary or the official, the representative to make notarial actions.

14. If the property, the property right or other right to property are subject to state registration, the agreement on alienation and the pledge agreement of such property make sure in the presence of the document confirming state registration of the appropriate right to property and (or) state registration of property addressed to the alienor or the pledger.

15. In case of alienation and pledge of real estate the notary:

15.1. checks state registration of real estate, the rights to it, restrictions (encumbrances) of the rights on the statement from the registration book of the territorial organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info