LAW OF THE REPUBLIC OF BELARUS

of June 29, 2020 No. 33-Z

About change of the laws concerning notarial activities

Accepted by the House of Representatives on June 4, 2020

Approved by Council of the Republic on June 10, 2020

Article 1. In part two of article 87 of the Law of the Republic of Belarus of April 17, 1992 "About provision of pensions" words "part one" shall be replaced with words No. 1596-XII "parts one and the second".

Article 2. Bring in the Civil code of the Republic of Belarus of December 7, 1998 the following changes:

1. In item 4 of Article 186:

after part one to add Item with part of the following content:

"Warrants for receipt citizens of pensions and benefits can be certified by also rural (settlement) executive committee at the place of residence of the citizen.";

in part three:

replace the words "and the second" with the word "-third";

after the word "services" to add part with the words "or rural (settlement) executive committee".

2. Add Article 856 with words "if other is not established by legal acts".

Article 3. Bring in the Law of the Republic of Belarus of July 18, 2004 No. 305-Z "About notariate and notarial activities" the following changes:

1. State Article 1 in the following edition:

"Article 1. Notariate in the Republic of Belarus

1. The notariate in the Republic of Belarus is designed to provide protection of the rights and legitimate interests of physical persons, including individual entrepreneurs (further, unless otherwise specified, - citizens), and legal entities, state interests by making on behalf of the Republic of Belarus of notarial actions by persons specified in Item 2 of this Article.

2. The notariate in the Republic of Belarus includes notaries, authorized officers of local executive and administrative organs (further, unless otherwise specified, - authorized officers), diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus (further, unless otherwise specified, - officials of foreign institutions).".

2. In Item 1 of Article 3 of the word "is understood" and "acts of the legislation, and also international treaties of the Republic of Belarus" to replace respectively with words "are understood" and "by legal acts, international treaties of the Republic of Belarus, and also rendering legal and technical nature by notaries of services".

3. Add the Law with Article of 41 following contents:

"Article 41. The state guarantees of ensuring notarial activities in the Republic of Belarus

The state guarantees ensuring notarial activities in the Republic of Belarus:

withdrawal of the documents formed when implementing notarial activities, except as specified, established by legal acts is forbidden;

state bodies, other state organizations shall taking into account requirements of this Law represent at the request of notaries the data and (or) documents necessary for making of notarial actions which are available for them.".

4. To state Item 3 of Article 7 in the following edition:

"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.

In case according to this Law notarial action be made by certain notary, the place of making of notarial action is determined by head department of justice regional (The Minsk city) executive committee (further - head department of justice) in coordination with regional (Minsk city) notarial chamber (further - territorial notarial chamber).

In case according to this Law notarial action be made by certain authorized officer, the place of making of notarial action is determined by head department of justice.".

5. In Article 9:

state Items 1 and 2 in the following edition:

"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 or the other person specified in Item 2 of article 1 of this Law, the interested person, including on its personal non-property and (or) property rights and obligations. The notarial secret is the secret protected by the law.

The data posted on the official site of the Belarusian notarial chamber on the global computer Internet are not notarial secret:

about the power of attorney (surname, own name, middle name (if that is available) the citizen or the name of the legal entity, issued the power of attorney, date of the certificate 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, date of cancellation of the power of attorney (if the power of attorney is repealed));

about opening of heritable case (surname, own name, middle name (if that is available) the testator and date of his death, surname, own name, middle name (if that is available) the notary processing heritable case).

2. If other is not established by this Law, 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, and also to legal successors of these legal entities is made.";

in Item 3:

the paragraph one to add with the words "or to the requirement which is drawn up in the form of the electronic document";

state subitem 3.2 in the following edition:

"3.2. bodies of forced execution according to the court decrees and other executive documents which are in production of legal executives, and regarding the data which are born in executive text - after its presentation by the claimant to forced execution;";

to exclude from subitem 3.5 of the word "Republic of Belarus";

add Item with subitem 3.71 of the following content:

"3.71. the bodies performing operational search activities in connection with implementation of such activities;";

in subitem 3.11 of the word "years" 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)" shall be replaced with words "No. 133-Z "About state registration of real estate, the rights to it and transactions with it";

add Item with part of the following content:

"The data requested according to part one of this Item which are notarial secret and also containing them documents are issued to state bodies, other organizations and officials upon the demand of whom they are requested.";

add Article with Item of 51 following contents:

"51. The notaries and other persons specified in Item 2 of article 1 of this Law shall observe notarial secret.

Issue of the data which are notarial secret, and containing them documents in the cases provided by this Article, and also provision of the specified data and (or) documents in the cases provided by this Law and other legal acts are not disclosure of notarial secret.";

Item 6 after the word of "persons" to add with the words "lost the status of the notary, and persons".

6. Add the Law with Article of 91 following contents:

"Article 91. Notarial document and notarial act

1. The notarial document is the document formed as a result of making by the notary or the other person specified in Item 2 of article 1 of this Law, notarial action, record about which making is entered in the register for registration of notarial actions.

2. Certified by the notary or the other person specified in Item 2 of article 1 of this Law the notarial documents issued by the notary or the other person specified in Item 2 of article 1 of this Law, notarial certificates and duplicates of such documents of certificates are notarial acts.

Notarial acts are not:

the notarial documents which are not specified in parts one of this Item, and duplicates of such documents;

the form of external submission of the electronic paper document certified by the notary;

the certificate on establishment concerning the debtor or the claimant on executive text of the fact of legal succession, change of the name of the legal entity, change of surname, own name and (or) middle name of the citizen and the duplicate of such certificate.

3. The notarial act is legal and reliable confirmation of the rights, obligations and facts having legal value, certified in this notarial act. Contents of the notarial act are considered true, until proved otherwise.".

7. In Article 10:

to exclude from Item 1 of the word "in the Republic of Belarus";

the second Item 3 to state part in the following edition:

"The number of notaries for notarial districts is established by the Ministry of Justice taking into account offers of the Belarusian notarial chamber proceeding from the extreme number of notaries, and also from the number of the notaries performing notarial activities in the notarial bureaus determined according to the procedure, established by part one of this Item.".

8. In Article 13:

in part one of Item 1 of the word "notary offices, notarial" shall be replaced with words "premises of notary offices, notarial";

in Item 2 of the word "local executive and administrative organs" shall be replaced with words "premises of local executive and administrative organs";

in Item 3:

the paragraph one after the words "be made out of" to add with the word "rooms";

"interested" to exclude the word from paragraph two.

9. In Article 14:

state Item 1 in the following edition:

"1. The notary office is formed abolished) according to the decision of the relevant territorial notarial chamber in coordination with head department of justice.

The notary office is not legal entity.";

in Item 3:

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