RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of July 15, 2016 No. 137

About single electronic system of accounting of notarial actions and heritable cases

Based on Item 7 of article 19 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" in edition of the Law of the Republic of Belarus of January 5, 2016 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. Approve the enclosed Instruction about procedure for entering by notaries of data into single electronic system of accounting of notarial actions and heritable cases and provision from this system of data.

2. To the Belarusian notarial chamber to approve the plan of entering by notaries of data into single electronic system of accounting of notarial actions and heritable cases (further - single electronic system) according to the documents formed as a result of activities of the notary till January 1, 2017 about committed notarial actions and the opened heritable cases.

3. Determine that:

3.1. entering into single electronic system of data according to the documents formed as a result of activities of the notary till January 1, 2017 is made:

concerning the powers of attorney certified since January 1, 2014;

on the heritable cases finished with production till January 1, 2014 - the notaries determined by the decision of regional, Minsk city notarial chamber;

on other heritable cases which are not specified in paragraph three of this subitem and opened till January 1, 2017 - notaries who opened heritable cases and continued their maintaining; the notaries who accepted in production (to whose production are submitted) the open heritable cases; according to the decision of regional, Minsk city notarial chamber on distribution between notaries of obligation on entering of data into single electronic system on the heritable cases finished with production;

3.2. the data entered into the single electronic system on the heritable cases opened till January 1, 2017 shall contain surname, own name, middle name (if that is available) the testator, the location of heritable case, date of opening of inheritance, closing date of heritable case (in case of its availability).

4. This resolution becomes effective in the following procedure:

Items 2 and 3 - after official publication of this resolution;

other provisions of this resolution - since January 1, 2017.

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of July 15, 2016 No. 137

The instruction about procedure for entering by notaries of data into single electronic system of accounting of notarial actions and heritable cases and provision from this system of data

1. This Instruction establishes procedure for entering by notaries of data into single electronic system of accounting of notarial actions and heritable cases (further - single electronic system) and provisions from this system of data (except for the data which are notarial secret, information on private life of physical person and personal data) to state bodies, other organizations and physical persons.

2. Ensuring functioning of single electronic system is performed by the owner - the Belarusian notarial chamber (further - the BNP).

3. The single electronic system includes data, stipulated in Item 3 articles 19 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; National legal Internet portal of the Republic of Belarus, 14.01. 2016, 2/2353), also consists from:

unified republican register of accounting of notarial actions;

unified republican register of accounting of heritable cases;

unified republican register of accounting of deposits of notaries;

other data of help and analytical nature concerning notarial activities including forms of the departmental reporting.

4. Entering of data into single electronic system is performed in one of state languages of the Republic of Belarus.

Entering into single electronic system of data is performed according to the documents provided for making of notarial action including with use of letters of the Latin alphabet if necessary.

5. Data are entered by notaries with use of the software and hardware of single electronic system which is available in the relevant notary office, notarial bureau into the single electronic system.

6. The basis for entering by the notary of data into single electronic system is registration:

committed notarial action in the register for registration of notarial actions, the register of the deposit of the notary;

the statements specified in Item 2 of article 81 of the Law of the Republic of Belarus "About notariate and notarial activities" in the book of accounting of heritable cases.

7. Entering of data into single electronic system is made:

7.1. in day of registration in:

the register for registration of notarial actions - certificates of the power of attorney or its cancellation;

to the book of accounting of heritable cases - the statement specified in Item 2 of article 81 of the Law of the Republic of Belarus "About notariate and notarial activities", which formed the basis for opening of heritable case;

7.2. no later than the working day following behind day of registration in:

the register of the deposit of the notary - acceptances in the deposit of the notary of money in Belarusian rubles and foreign currency and (or) securities, their issue;

the register for registration of notarial actions - the notarial actions which are not specified in the paragraph the second subitem 7.1 of this Item;

in the book of accounting of heritable cases - other statements which are not specified in paragraph three of subitem 7.1 of this Item;

7.3. in case of technical defects (violation of operability of single electronic system, violation of communication channels, failures in electric utility service) of the data are entered into the single electronic system no later than the working day following behind day of elimination of technical defects.

8. The notary into the single electronic system enters data:

containing in the register for registration of notarial actions, taking into account the features provided by part two of this Item;

containing in the register of the deposit of the notary;

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