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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

(as amended on 10-06-2016)

According to article 20 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" and based on 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 Rules of notarial clerical work.

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.

Minister

V. G. Golovanov

 

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 notarial activities and procedure for the organization of work of the notaries performing notarial activities in notary office, the notaries performing notarial activities in notarial bureau (further, unless otherwise specified, - notaries), employees of notary offices, notarial bureaus with documents irrespective of carrier type. Document creation (documentation) in notarial clerical work is performed on papers and (or) in electronic form, including with use of single electronic system of accounting of notarial actions and heritable cases.

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;

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;

notarial documents - the documents which are formed as a result of making of notarial actions by notaries;

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

organizational and administrative documents - organizational (provisions, charters, instructions, rules, etc.), administrative (orders, resolutions, orders, decisions, instructions, etc.), reference (acts, reports and explanatory notes, letters, etc.) documents;

operational document storage of the notary - document storage by the notary from the moment of creation of documents and before their transfer to notarial archive;

operational document storage of notary office - document storage, formed as a result of activities of office of notary public, and also the documents provided by paragraphs the sixth or eighth Item 3 of these rules;

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 of the Republic of Belarus.

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 of registration (accounting) in which are registered notarial documents and documents based on which notarial actions are made (are considered);

registration, registration and accounting of documents on reclamation and provision by notaries of the data and (or) documents necessary for making of notarial action;

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

acceptance, accounting, preparation, registration, reproduction (replication), execution control, storage and use of the organizational and administrative documents which are formed in activities of notary office, notarial bureau;

clerical work according to addresses of citizens, including individual entrepreneurs, 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;

preparation, registration, registration, accounting, provision of data (documents) on committed notarial actions.

4. The notarial clerical work is conducted according to requirements 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), these rules, and also other acts of the legislation of the Republic of Belarus:

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 "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" (The national legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163), 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, transfer, registration, accounting and storage of special forms of registration of the financial transactions which are subject to special control" (The national register of legal acts of the Republic of Belarus, 2006, No. 53, 5/22072), the Instruction about procedure for submission by notaries of messages on the issue by them of certificates on the right to inheritance and on the certificate of agreements of alienation (donation, exchange, purchase and sale, rent) approved by the resolution of the Ministry of Taxes and Tax Collection of the Republic of Belarus of December 31, 2010 No. 105 "About some questions of transfer of data and recognition voided some resolutions of the Ministry of Taxes and Tax Collection of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 19, 8/23272; National legal Internet portal of the Republic of Belarus, 04.08. 2015, 8/30121);

acceptance, accounting, preparation, registration, reproduction (replication), execution control, storage and use of the organizational and administrative documents which are formed in activities of notary office, notarial bureau 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 (The national register of legal acts of the Republic of Belarus, 2009, No. 42, 8/20434), state standard of the Republic of Belarus STB 6.38-2004 "The unified systems of documentation of the Republic of Belarus. System of organizational and administrative documentation. Requirements to document creation", the approved resolution of Committee on standardization, metrology and certification under Council of Ministers of the Republic of Belarus of December 21, 2004 No. 69;

record keeping according to addresses of citizens, including individual entrepreneurs, 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 "About addresses of citizens and legal entities" (The national register of legal acts of the Republic of Belarus, 2011, No. 83, 2/1852), the resolution of Council of Ministers of the Republic of Belarus of December 30, 2011 No. 1786 "About approval of the Regulations on procedure for record keeping according to addresses of citizens and legal entities in state bodies, other organizations, at individual entrepreneurs" (The national register of legal acts of the Republic of Belarus, 2012, No. 5, 5/35055) 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 taking into account requirements of the Ministry of Justice of the Republic of Belarus.

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

Work with documents in electronic form is conducted taking into account the features established by Chapter 18 of the Instruction on clerical work in state bodies, other organizations.

Entering by notaries of data into single electronic system of accounting of notarial actions and heritable cases and provision from this system of data are performed according to the procedure determined according to Item 7 of article 19 of the Law of the Republic of Belarus "About notariate and notarial activities".

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

clerical works of the notary - activities of the notary performing activities in notary office (further - the notary of notary office), on ensuring documentation of its notarial activities, forming of the documents specified in paragraphs the second or fifth, tenth Item 3 of these rules, except for the maintaining books, magazines of registration and accounting started in one copy on notary office, and also activities of the notary performing activities in notarial bureau (further - the notary of notarial bureau), on ensuring documentation of its notarial activities and activities of notarial bureau, operational document storage of the notary;

clerical works of notary office - activities of notaries, employees of notary office for ensuring documentation of activities of notary office, forming of the documents specified in paragraphs the sixth or eighth, tenth (concerning the documents created till December 31, 2013) Item 3 of these rules, and also to operational document storage of notary office.

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

The notary of mononuclear notary office, and also the notary of notarial bureau are persons responsible for the organization and maintaining notarial clerical work.

7. In case of suspension or the termination of powers of the notary the documents formed as a result of its activities are subject to transfer to notarial archive or other notary no later than one month from the date of acceptance by the Qualification commission on questions of notarial activities of the decision on suspension of powers or about cancellation of the certificate on implementation of notarial activities.

8. Transfer of the specified documents by notaries is performed based on the order of head department of justice of regional, Minsk city executive committee (further - head department of justice) according to the offer regional, Minsk the city Belarusian notarial chamber of notarial chambers (further - territorial notarial chamber) by the commission consisting of the notaries accepting and reporting the documents formed as a result of activities of the notary, 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 to these rules with appendix of the inventory of the submitted cases, registers, books, magazines on form according to appendix 2 to these rules which are constituted in four copies - on one for each member of the commission.

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

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 to addresses of citizens, including individual entrepreneurs, and legal entities; requests for rendering legal assistance, etc.) are performed according to the regulatory legal acts listed in item 4 of these rules.

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

When making notarial actions in the forms established by the legislation certificates are granted and executive and certifying texts, protests of bills of exchange which are signed by the notary are made and (notary), surnames, own name, middle name are sealed it with the image of the State Emblem of the Republic of Belarus, specifying of the status (if that is available) the notary, the notarial district (further - official stamp).

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

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

12. Registers for registration of notarial actions, registers for registration of prohibitions of alienation of real estate and arrests, 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" (The national legal Internet portal of the Republic of Belarus, 19.01. 2013, 8/26749).

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.

13. Execution of books of registration (accounting) 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:

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