RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of October 26, 2006 No. 64

About approval of Rules of notarial clerical work

Based on part one of Item 1 of article 18 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" and parts one of 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: No. 305-Z

1. Approve Rules of notarial clerical work (are applied).

2. Determine that diplomatic agents of diplomatic representations and consular officials of consular establishments of the Republic of Belarus, authorized officers of local executive and administrative organs apply when making notarial actions of the Rule of notarial clerical work, approved by this resolution if the legislation regulating clerical work in these organizations and bodies does not provide other.

3. Ceased to be valid.

4. To provide to justice departments of regional executive committees, the Minsk city executive committee, the Belarusian notarial chamber till December 20, 2006 production of registers, books, magazines, stamps and transition to their application by notaries since January 1, 2007.

5. Recognize invalid the Instruction on clerical work in offices of notary public of the Belarusian SSR approved by the order of the Minister of Justice of BSSR of October 22, 1976 No. 20.

6. This resolution becomes effective on January 1, 2007.

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of October 26, 2006 No. 64

Rules of notarial clerical work

Chapter 1. General provisions

1. These rules determine procedure for documentation of activities of the notaries performing notarial activities in notary office, notarial bureau (further, unless otherwise specified, - notaries), notary offices and procedure for the organization of work of notaries, employees of notary offices, notarial bureaus with documents irrespective of data carrier type. Document creation in notarial clerical work is performed on papers and (or) electronically.

2. For the purposes of these rules the following main terms and their determinations are applied:

incoming documents – the documents which arrived to notaries, in notary office and accepted for consideration;

hybrid case – set of the documents combined on certain sign on the basis of the physical and logical relationships which are stored partially in information resources (systems) of the Belarusian notarial chamber and partially on papers;

citizens – physical persons, including individual entrepreneurs;

documents of notary office – the documents formed as a result of activities of office of notary public, notary office;

documents of the notary – the documents formed as a result of activities of the notary including the documents formed when implementing of notarial activities by him;

the documents formed when implementing by the notary of notarial activities – notarial documents based on which documents are made notarial actions, preliminary cases, unfinished heritable cases, and also registers, books, magazines which maintaining by the notary is provided by these rules (except for books, magazines created in one copy on notary office);

interested persons are persons who addressed for making of notarial actions (the citizen, his representative or the representative of the legal entity, from name, addressed to, according to the order or concerning which notarial actions are made);

requests about reclamation of the data and (or) documents necessary for making of notarial actions, – the documents requests which are drawn up on papers and (or) electronically, directed for reclamation and obtaining from state bodies, other organizations, individual entrepreneurs and notaries including from information resources (systems), data and (or) documents necessary for making of notarial actions (except for data and (or) documents in electronic form received in the automatic mode);

outgoing documents – the documents created in the course of activities by notaries, employees of notary office, notarial bureau, intended for the direction (issue) to other persons;

the notarial document – the document formed as a result of making by the notary of notarial action, record about which making is entered in the register for registration of notarial actions;

mononuclear notary office – notary office in which one notary performs notarial activities;

operational document storage – document storage from the moment of their creation and before transfer to notarial archive or before destruction;

organizational and administrative documents – organizational (including provisions, instructions, rules), administrative (including orders, resolutions, orders, decisions, instructions), reference (including acts, reports and explanatory notes, letters) documents;

the passing case – the case which is conducted on the single question (questions) resolved within two or more years;

document registration – the record of accounting data on the document in registration form fixing the fact of its creation, obtaining or sending from notary office, notarial bureau from the notary, by putting down on it registration index with simultaneous record of necessary data on the document in the relevant magazines, books, registers;

data (documents) on making of notarial actions – the documents containing information on making of notarial actions, their participants who notaries are provided by legal acts.

3. The notarial clerical work includes:

preparation, registration, registration, accounting, issue, storage and use of notarial documents and documents based on which notarial actions are made;

maintaining registers, books, magazines;

registration, registration and accounting of requests about reclamation of the data and (or) documents necessary for making of notarial actions;

registration, transfer, provision, registration, accounting and storage by notaries of data (documents) on making of notarial actions;

acceptance, registration, accounting, preparation, registration, reproduction (replication), execution control, storage and use of organizational and administrative documents;

clerical work according to addresses of citizens and legal entities;

preparation, registration, execution by notaries of documents (requests) for rendering legal assistance;

operational document storage of the notary, notary office, and also their preparation for transfer to notarial archive or for destruction;

preparation, registration, registration, accounting, issue of data (documents) on committed notarial actions;

preparation, registration, issue of copies of executive text under the resolution of the legal executive on replacement of the party of enforcement proceeding (further - the resolution of the legal executive).

4. The notarial clerical work is conducted according to requirements of the Law of the Republic of Belarus "About notariate and notarial activities", these rules, and also the following acts of the legislation:

registration, transfer, registration, accounting and storage by notaries of data (documents) on making of notarial actions with money, securities, electronic money, other property, including property rights, and also exclusive rights on results of intellectual activities (further – financial transactions) are performed according to the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of the income received in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction", by the resolution of Council of Ministers of the Republic of Belarus of March 16, 2006 No. 367 "About approval of form of the special form of registration of the financial transaction which is subject to special control, and the Instruction about procedure for filling, representation, registration, accounting and storage of special forms of registration of financial transactions subject to special control", the Instruction about procedure for the message notaries of information on issue of certificates on the right to inheritance and (or) about the certificate of agreements of alienation, the Republic of Belarus approved by the resolution of the Ministry of Taxes and Tax Collection of December 31, 2010 No. 105;

acceptance, registration, accounting, preparation, registration, reproduction (replication), execution control, storage and use of organizational and administrative documents are performed according to the Instruction on clerical work in state bodies, other organizations approved by the resolution of the Ministry of Justice of the Republic of Belarus of January 19, 2009 No. 4, state standard of the Republic of Belarus STB 6.38-2016 "The unified systems of documentation of the Republic of Belarus. System of organizational and administrative documentation. Requirements to document creation", the approved resolution of the State committee on standardization of the Republic of Belarus of October 26, 2016 No. 83;

record keeping according to addresses of citizens and legal entities in notary offices, notarial bureaus, control of their consideration are performed according to the Law of the Republic of Belarus of July 18, 2011 No. 300-Z "About addresses of citizens and legal entities", the resolution of Council of Ministers of the Republic of Belarus of December 30, 2011 No. 1786 "About procedure for record keeping according to addresses of citizens and legal entities" and other acts of the legislation;

preparation, registration, execution by notaries of requests for rendering legal assistance are performed according to international treaties of the Republic of Belarus.

Creation of electronic documents when making notarial actions is performed according to the legislation on electronic documents and the digital signature.

For creation of the notarial document in the form of the electronic document, making of notarial actions with electronic documents, transfers or reclamations of data and (or) documents from the state information resources (systems) in electronic form the notary uses the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus (further – the digital signature).

Work with documents in electronic form is conducted taking into account the features established by Chapter 19 of the Instruction on clerical work in state bodies, other organizations and these rules.

The organization of work with documents in electronic form is performed including with use of information resources (systems) of the Belarusian notarial chamber.

5. The notarial clerical work is conducted in one of state languages of the Republic of Belarus and consists of clerical work of the notary and clerical work of notary office.

The clerical work of the notary represents activities of the notary performing notarial activities in notary office (further, unless otherwise specified, - the notary of notary office), on ensuring documentation of its activities, forming of the documents specified in paragraphs the second or sixth, the eighth, tenth and eleventh Item 3 of these rules, except for maintaining the books and magazines created in one copy on notary office, to operational document storage of the notary and their preparation for transfer to notarial archive or for destruction and also activities of the notary performing notarial activities in notarial bureau (further, unless otherwise specified, - the notary of notarial bureau), on ensuring documentation of its activities, forming of the documents specified in paragraphs the second or eighth, tenth and eleventh Item 3 of these rules to operational document storage of the notary and their preparation for transfer to notarial archive or for destruction.

The clerical work of notary office represents activities of notaries, employees of notary office for ensuring documentation of activities of notary office, forming of documents, the specified in paragraphs three (except for maintaining registers), the sixth and seventh, and concerning the documents created till December 31, 2013 inclusive - also documents, the specified in paragraphs eight, the tenth and eleventh Item 3 of these rules, to operational document storage of notary office and their preparation for transfer to notarial archive or for destruction.

6. The manager of notary office is-faced, responsible for the organization and record keeping of notary office. The manager of notary office has the right to determine person (persons) responsible (responsible) for record keeping of notary office about what the corresponding order is published.

The notary of mononuclear notary office is person responsible for record keeping of notary office.

The notary is person responsible for record keeping of the notary. Employees of notary office, notarial bureau render him assistance in record keeping of the notary (except for maintaining register of special forms of registration of the financial transactions which are subject to special control), including by means of use of information technologies.

7. In case of suspension of powers of the notary or cancellation of the certificate on implementation of notarial activities granted to the notary, documents of the notary are subject to transfer to notarial archive or other notary in time no later than one month from the date of acceptance by the Qualification commission on questions of notarial activities (further – the Qualification commission) decisions on suspension of powers of the notary or from the date of cancellation of the certificate on implementation of notarial activities. At the same time unfinished heritable cases are subject to transfer to other notary.

In case of investment of the notary with powers on implementation of notarial activities in other notarial district the documents formed when implementing of notarial activities by it are subject to transfer to notarial archive of the notarial district within which the notary performed notarial activities, or to other notary of this notarial district no later than one month from the date of adoption of the relevant decision by the Qualification commission in time. At the same time unfinished heritable cases will lie down to transfer to other notary.

8. Document transfer, the these rules specified in Item 7, is performed based on the order of head department of justice regional (The Minsk city) executive committee (further, unless otherwise specified, – head department of justice) according to the offer regional (Minsk city) notarial chamber (further – territorial notarial chamber) by the commission consisting of the notaries accepting and reporting documents, the representative of head department of justice and the representative of territorial notarial chamber.

Document transfer is performed under the delivery-acceptance certificate of documents and cases of the notary on form according to appendix 1 with appendix to each delivery-acceptance certificate of documents and cases of the notary of the inventory of assignable documents and cases on form according to appendix 2. The specified act and the inventory are constituted in four copies – on one for each member of the commission. If necessary to the delivery-acceptance certificate of documents and cases of the notary the reference specifying features of reception-transmission of cases, forming and registrations of cases, their availability can be constituted. At the same time in the delivery-acceptance certificate of documents and cases of the notary before details: "Made transfer" and "Acceptance made" it is specified: "The reference is attached to this act".

If the unfinished heritable cases are submitted the notary, additional copies of the delivery-acceptance certificate of documents and cases of the notary and the inventory of document transfer and cases are constituted.

Absence of the notary which documents are transferred to notarial archive or to other notary is not the basis for suspension of their transfer.

In case of renewal of powers of the notary its documents transferred to other notary are transferred to the notary whose powers are renewed, according to the procedure, established by part two of this Item, in time no later than one month from the date of adoption by the Qualification commission of the decision on renewal of powers of the notary.

The documents of the notary transferred to storage to notarial archive are not subject to return from notarial archive in case of renewal of powers of the notary.

9. In case of loss of documents person responsible for the organization and (or) maintaining notarial clerical work, without delay informs the relevant territorial notarial chamber for acceptance of necessary measures for search of documents.

Chapter 2. Preparation and document creation

10. Preparation and document creation depending on their type (organizational and administrative documents; answers (notification) to addresses of citizens and legal entities; requests for rendering legal assistance) it is performed according to the regulatory legal acts listed in item 4 of these rules.

11. Preparation and execution by the notary of notarial documents, documents based on which notarial actions are made are performed according to the these rules and requirements provided by the regulatory legal acts regulating procedure for making of notarial actions.

The notarial documents constituted on paper are signed by the notary and (notary), surnames, own name, middle name are sealed him with the image of the State Emblem of the Republic of Belarus, specifying of the status (if that is available) (further – surname, own name, middle name) the notary, the notarial district (further – official stamp). The notarial documents constituted in the form of electronic documents are signed by the digital signature of the notary.

Prints of official stamp are carried out by stamp paint of blue, blue or violet color.

The notary whose powers stop shall report official stamp to storage to territorial notarial chamber. The act of reception-transmission of official stamp affirms the chairman (vice-chairman) of territorial notarial chamber (further - the chairman of territorial notarial chamber). One copy of the approved act of reception-transmission of official stamp is transferred to the notary, the second - is stored in cases of territorial notarial chamber.

In case of impossibility of performance the notary whose powers are suspended of obligation on transfer of official stamp transfer of official stamp is performed by the commission created by head department of justice and territorial notarial chamber.

In case of renewal of powers of the notary its official stamp transferred to territorial notarial chamber is transferred to the notary whose powers are renewed, according to the procedure, established by part four of this Item.

12. Registers for registration of notarial actions, registers for registration of the notarial actions made far off according to the applications directed in the form of the electronic document with use of information resources (systems) of the Belarusian notarial chamber (further – the register for registration of the notarial actions made far off), registers of the deposit of the notary are kept by notaries in the forms established by the resolution of the Ministry of Justice of the Republic of Belarus of December 10, 2012 No. 293 "About establishment of forms of registers for registration of notarial actions, notarial certificates, certifying and executive texts, protests of bills of exchange and the order about expense recovery at the expense of inheritance".

In notary offices in which two and more notaries perform notarial activities each register for registration of notarial actions is issued to managers of notary office to the specific notary. Independent number is assigned to such register.

Number following one after another is assigned to each new register for registration of notarial actions created by the notary within one calendar year.

In notary offices in which two and more notaries perform notarial activities it is allowed to keep number of the register for registration of notarial actions within calendar year for certain notary. At the same time each following volume (book) of such register is issued to it by the manager of notary office.

Maintaining by the notary at the same time of several registers for registration of notarial actions is not allowed.

Registers for registration of the notarial actions made far off are kept by notaries with use of information resources (systems) of the Belarusian notarial chamber and are passing.

13. Execution of books in which are registered notarial documents and documents based on which notarial actions are made (are considered), it is performed according to these rules, other regulatory legal acts.

14. For registration (accounting) of notarial documents and other documents are got:

14.1. in notary office:

the alphabetic book of accounting of wills in form according to appendix 3;

the magazine of registration of incoming documents in form according to appendix 4;

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