LAW OF THE REPUBLIC OF BELARUS

of January 5, 2016 No. 355-Z

About modification and amendments in some laws of the Republic of Belarus concerning notarial activities

It is accepted by the House of Representatives on December 18, 2015

Approved by Council of the Republic on December 18, 2015

Article 1. Item 1 of article 6 of the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it" (The national register of legal acts of the Republic of Belarus, 2002, No. 87, 2/882; 2006, 179, 2/1267) to state No. in the following edition:

"1. Citizens, individual entrepreneurs and legal entities can participate in the relations regulated by this Law through the representatives if other is not provided by legal acts of the Republic of Belarus. Powers of representatives of citizens and individual entrepreneurs shall be confirmed with notarially certified power of attorney if other is not provided by legal acts of the Republic of Belarus.

If the basis for state registration of real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it are the documents certified or issued by the notary, the notary who made the corresponding notarial action, having the right to represent the interests of persons (person) who addressed for making of this action in the republican or territorial organization for state registration for the written application of these persons (person).

In case of representation of interests of persons (person) who addressed for making of notarial action, the notary has the right according to the procedure, established by the legislation of the Republic of Belarus on state registration of real estate, the rights to it and transactions with it, to sign the application for state registration, to submit this application and other documents necessary for making of registration actions (including the copy of the application, this Item specified in part two), to the organization for state registration, to receive the certificate (certificate) of state registration and (or) other documents, and also to appeal actions (failure to act) of the registrar.".

Article 2. Bring in article 2 of the Law of the Republic of Belarus of June 14, 2003 "About ratification of the Convention on legal assistance and legal relations on civil, family and criminal cases" (The national register of legal acts of the Republic of Belarus, 2003, No. 73, 2/956; 2008, No. 157, 2/1446; 2011, No. 140, 2/1877) following changes and amendment:

state paragraph two in the following edition:

"Supreme Court of the Republic of Belarus, regional (The Minsk city) courts, economic courts of areas (city of Minsk);";

third to exclude the paragraph;

the fourth or ninth to consider paragraphs respectively paragraphs the third or eighth;

in paragraph three of the word "Investigative Committee of the Republic of Belarus (Central Office)" shall be replaced with words "central office of the Investigative Committee of the Republic of Belarus";

the fourth after the words "on areas" to add the paragraph with words ", across the Minsk region";

to state paragraphs of the seventh and eighth in the following edition:

"The Ministry of Justice of the Republic of Belarus, head departments of justice regional and Minsk city executive committees, the bodies registering acts of civil status;

Prosecutor General's Office of the Republic of Belarus, prosecutor's office of areas, city of Minsk.".

Article 3. Bring in the Law of the Republic of Belarus of July 22, 2003 "About currency control and currency exchange control" (The national register of legal acts of the Republic of Belarus, 2003, No. 85, 2/978; 2009, No. 145, 2/1575; 2010, No. 147, 2/1684) following changes and amendments:

1. In paragraph eight of Article 6 of the word "offices of notary public, notarial bureaus" shall be replaced with words "territorial notarial chambers, notaries".

2. In part three of Article 12 of the word "and financings of terrorist activities" shall be replaced with words "financings of terrorist activities and financing of distribution of weapons of mass destruction".

3. The fourth articles 23 after words "terrorist activities and" to add the paragraph with words of "financing of distribution of weapons of mass destruction, financing".

4. Third of article 24 after the word "organizations" to add part with words ", "Development Bank of the Republic of Belarus" open joint stock company.

Article 4. Bring in 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; 2006, No. 78, 2/1212; 2007, No. 305, 2/1397, 2/1398; 2008, No. 14, 2/1412; No. 157, 2/1445; No. 172, 2/1475; No. 264, 2/1531; 2009, No. 173, 2/1595; 2012, No. 2, 2/1884; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1963; 11:01. 2014, 2/2103) of change and amendments, having been reworded as follows it:

"LAW OF THE REPUBLIC OF BELARUS

About notariate and notarial activities

This Law determines legal, organizational, social and economic basis of activities of notariate, task and the principles of notarial activities in the Republic of Belarus, and also governs the relations in the field of implementation of notarial activities.

SECTION I. GENERAL PROVISIONS

CHAPTER OF 1 BASIS OF ACTIVITIES OF THE NOTARIATE, TASKS AND PRINCIPLES OF NOTARIAL ACTIVITIES

Article 1. Notariate in the Republic of Belarus

The notariate in the Republic of Belarus includes notaries, authorized officers of local executive and administrative organs (further - authorized officers), diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of the consular establishments of the Republic of Belarus (further, unless otherwise specified, - officials of foreign institutions) providing protection of the rights and legitimate interests of citizens, including individual entrepreneurs (further, unless otherwise specified, - citizens), and legal entities, state interests by making of notarial actions on behalf of the Republic of Belarus.

Article 2. Legal basis of activities of notariate

1. The legal basis of activities of notariate is constituted by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also the international agreements of the Republic of Belarus.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law are applied rules of the international treaty.

Article 3. Notarial activities

1. Notarial activities are understood as making on behalf of the Republic of Belarus by notaries, authorized officers, officials of foreign institutions of the notarial actions provided by this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.

2. Notarial activities are not business activity.

Article 4. Tasks of notarial activities

Tasks of notarial activities are:

ensuring protection of the rights and legitimate interests of citizens and legal entities, state interests by making of notarial actions;

the notarial certificate of transactions, the indisputable rights and facts for the purpose of giving to them of legal reliability and ensuring stability of civil circulation;

rendering legal aid according to the procedure, established by the legislation;

forming of respect for the law.

Article 5. Basic principles of notarial activities

Notarial activities in the Republic of Belarus are based on the principles of legality, impartiality, independence, providing notarial secret.

Article 6. Legality when implementing notarial activities

1. Notaries, authorized officers when implementing notarial activities are guided by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.

2. Notaries, authorized officers shall refuse to citizens and legal entities making of notarial action in cases, stipulated in Item 1 article 71 of this Law.

Article 7. Impartiality when implementing notarial activities

1. Notarial activities are performed on equal terms for all citizens irrespective of floor, race, nationality, origin, property and official capacity, the relation to religion, political and other convictions, belonging to public associations, other circumstances, and for legal entities - irrespective of pattern of ownership, subordination, form of business, other circumstances.

2. Notaries, authorized officers have no right to make notarial actions which results are of valuable or other private interest to them.

Notaries, authorized officers have no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (spouse), his (her) and relatives (parents, adoptive parents (adopters), children including adopted (adopted) of brothers and sisters, the grandfather, the grandma, grandsons).

Notaries have no right to make notarial actions also addressed to and on behalf of notaries and employees of the relevant notary office, notarial bureau.

Authorized officers have no right to make notarial actions also addressed to and on behalf of the relevant local executive and administrative organ and employees of this body.

3. In the cases specified in Item 2 of this Article, notarial actions are made by the notary of other notary office, notarial bureau or the authorized officer of other local executive and administrative organ.

Article 8. Independence when implementing notarial activities

1. In the activities notaries, authorized officers are independent and submit only to requirements of the legislation.

2. Illegal impact on notaries, authorized officers in case of execution of the obligations assigned to them by them are not allowed and attracts the responsibility established by legal acts.

Article 9. Providing notarial secret

1. The notarial secret is data on committed notarial action, and also other data received during the making of notarial action or the address to the notary, the authorized officer of the interested person including on its personal non-property and (or) property rights and obligations.

Notaries, authorized officers shall observe notarial secret.

Data are not notarial secret about:

the repealed power of attorney (date of the certificate and cancellation of the power of attorney, surname, own name, middle name (if that is available) the notary who certified the power of attorney, sequence number in the register for registration of notarial actions);

opening of heritable case (surname, own name, middle name (if that is available) the testator, surname, own name, middle name (if that is available) the notary who opened heritable case).

2. The data which are notarial secret, and also containing them documents are issued only to citizens and legal entities, from name, addressed to, according to the order or concerning which notarial action was made.

3. The data which are notarial secret, and also containing them documents are issued according to the written requirement:

3.1. judges on the cases which are available in their production;

3.2. legal executives according to the court decrees and other executive documents which are in their production;

3.3. prosecutors and deputy prosecutors;

3.4. criminal prosecution authorities on the materials and criminal cases which are in their production. Documents on committed notarial action are issued to criminal prosecution authorities on being in their production to criminal cases according to the procedure provided by the Code of penal procedure of the Republic of Belarus for carrying out seizure of documents;

3.5. bodies of the State Control Committee of the Republic of Belarus;

3.6. customs authorities on the cases on administrative customs offenses which are available in their production;

3.7. tax authorities on performed by them;

3.8. other state bodies (officials) in the cases provided by this Law and other legal acts;

3.9. The Belarusian bureau on transportation insurance, the state insurance companies and (or) insurance companies in which authorized capitals more than 50 percent of shares (common (ordinary) or other voting shares) are in property of the Republic of Belarus and (or) its administrative and territorial units, for the solution of question of purpose of insurance payment;

3.10. lawyers due to the need of creation of documents of legal nature by preparation for legal proceedings in case of the presentation of the certificate of the lawyer and the power of attorney which is drawn up according to the procedure, established by the legislation or orders;

3.11. registrars republican or the territorial organizations for state registration of real estate, the rights to it and transactions with it for the certificate of the documents which are the basis for state registration of real estate transaction, and also for entering of corrections into documents of the single state register of real estate, the rights to it and transactions with it according to subitem 1.3 of Item 1 of article 28 of the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it" (The national register of legal acts of the Republic of Belarus, 2002, No. 87, 2/882), except for documents which according to the legislation are submitted only by interested persons.

4. Data on the will during lifetime of the testator are issued to the testator, and after his death - to persons and bodies specified in Items 2 and 3 of this Article and also the spouse (spouse), parents, adoptive parents (adopters), children including adopted (adopted) to brothers and sisters, the grandfather, the grandma, the testator's grandsons.

5. The data which are bank secrecy, received from banks and the non-bank credit and financial organizations when taking measures to protection of inheritance, the notary can tell only the testamentary executor and heirs.

6. Requirements about observance of notarial secret extend also to persons to whom the data which are notarial secret became known in connection with execution by these persons of service duties, and also to the trainee of the notary (further - the trainee), including after dismissal (dismissal).

7. Person guilty of disclosure of notarial secret bears the responsibility established by legal acts.

CHAPTER 2 PERSONS MAKING NOTARIAL ACTIONS

Article 10. Notaries. Organizational forms of implementation of notarial activities

1. The citizen of the Republic of Belarus having the higher legal education and the length of service on legal specialty at least three years which passed in the cases established by this Law, professional training as the trainee, the passed qualification examination received the certificate on implementation of notarial activities (further - the certificate) meeting other requirements of the legislation can be the notary in the Republic of Belarus.

2. Organizational forms of implementation by notaries of notarial activities are notary offices and notarial bureaus.

3. The extreme number of notaries in the Republic of Belarus, and also the number of the notaries performing notarial activities in notarial bureaus are determined by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus.

The number of notaries for notarial districts is established by the Ministry of Justice of the Republic of Belarus (further - the Ministry of Justice) taking into account offers of the Belarusian notarial chamber proceeding from the extreme number of notaries in the Republic of Belarus, and also from the number of the notaries performing notarial activities in notarial bureaus.

Article 11. Authorized officers

1. In settlements in which there are no notary offices or notarial bureaus notarial actions make authorized officers.

2. According to the decision of local executive and administrative organ making of notarial actions is assigned to the head, his deputy or the member of local executive and administrative organ.

Article 12. Officials of foreign institutions

1. Notarial actions outside the Republic of Belarus are made by diplomatic agents of diplomatic representations of the Republic of Belarus in case of accomplishment of consular functions by diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus.

2. Notarial activities of officials of foreign institutions are based on the principles specified in article 5 of this Law taking into account the features provided by the legal acts regulating activities of diplomatic representations and consular establishments of the Republic of Belarus (further - foreign institutions).

3. The procedure of notarial activities by officials of foreign institutions in the part which is not settled by this Law is determined by the acts of the legislation regulating activities of foreign institutions.

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