RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 10, 2020 No. 185

About change of the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63

Based on the paragraph of the sixteenth Item 1 of article 21 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. Bring in the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 "About approval of the Instruction about procedure for making of notarial actions" the following changes:

in preamble to replace the word of "fifteenth" with the word of "sixteenth";

in the Instruction about procedure for making of notarial actions approved by this resolution:

in Item 2:

in part one:

word in paragraph one "notary office, notarial bureau" shall be replaced with words "premises of notary office, notarial bureau";

"interested" to exclude the word from paragraph two;

in word part two "the notarial document, the receipt in the register for registration of notarial actions in obtaining notarially drawn up" shall be replaced with words "the document expressing contents of the transaction, other notarial document, statement, and also consent, refusal which are drawn up according to part two of Item 13 of this Instruction, receipt in the register for registration of notarial actions in obtaining notarial";

in Item 3:

in part one the word "(refusal)" to replace with the word", refusal";

in part two:

the word "(refusal)" to replace with the word", refusal";

after the word "make" to add with the word "such";

in item 4:

in word part one "illiteracy, physical defects, old age, disease" and "the mark becomes" to replace respectively with words "physical defects, disease, illiteracy, old age" and "record is made";

in part two:

exclude the words "notarially" and "from sign language";

after the word "performed" to add with the word "such";

to exclude the word "notarially" from part four;

in part five of the word which is "notarially drawn up" to replace with the word of "notarial";

the sixth after the word "transfer" to add part with the word of "notarial";

in part seven "drawn up" to replace the word with the word "notarial";

the eighth to state part in the following edition:

"The notary in case of adoption of the statement for making of executive text, making of executive text in electronic form, and also when witnessing authenticity of the signature of the translator has the right not to require corporal appearance of officials (representatives) of legal entities and translators famous to it if it has documents confirming powers of specified persons, samples of their signatures (the certificates of open keys (in the presence) received in case of the personal address, and authenticity of the provided signatures does not raise doubts.";

the ninth and eleventh after the word of "signatures" to add parts with words "(certificates of open keys (in the presence)";

state Item 5 in the following edition:

"5. Notarial actions are registered in the register for registration of notarial actions or in the register of the deposit of the notary.

Entry in the register is made for registration of notarial actions after signing by participants of making of notarial action and (or) the notary of the notarial document.";

add the Instruction with Item of 51 following contents:

"51. Notarial acts are the following notarial documents and notarial certificates, and also their duplicates granted by the notary certified by the notary:

transactions (including wills);

powers of attorney, cancellation of powers of attorney;

consent, refusals;

donation cancellation if the donator will endure the donee (further - donation cancellation);

statements of members of limited liability company (additional liability company) for exit from society;

certificates on the right to inheritance;

certificates on the certificate of powers of the testamentary executor (executor);

certificates on the property right to shares in the property acquired by spouses during marriage;

certificates on the certificate of the fact of finding of the citizen in live;

certificates on the certificate of the fact of finding of the citizen in certain place;

certificates on the certificate of identity of the citizen with person represented in the photo;

certificates on adoption of petitions from citizens and legal entities for implementation of transfer to other citizens and legal entities and certificates on transfer of such statements;

certificates on acceptance on document storage;

certificates on submission of electronic documents for state registration.

When making notarial action as a result of which the notarial act is formed at the initiative of the notary or all interested persons participating in making of notarial action, the notary the video can be carried out.

Carrying out video at the initiative of the notary or all interested persons participating in making of notarial action requires the consent to collection, processing, storage, use and provision of personal data in connection with carrying out video (further - consent to processing of personal data), all persons participating in making of notarial action.

The statement for consent to processing of personal data is addressed to the notary making notarial action and shall contain:

surname, own name, middle name (if that is available) (further - surname, own name, middle name) person participating in making of notarial action;

surnames, own names, middle names of persons initiating carrying out video and if carrying out video is initiated by the representative of the legal entity - full name of the legal entity, concerning the representative of the legal entity - post of the employee (in the presence);

date of making of notarial action;

type of notarial action when which making carrying out video is initiated;

the term to which it is agreed, determined according to the video storage duration established by the Rules of notarial clerical work approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 26, 2006 No. 64;

other information which specifying is obligatory according to the legislation.

The statement specified in part four of this Item moves in writing in case of the personal address to the notary. The notary in case of adoption of the statement identifies the personality of the applicant (representative), checks capacity to act, powers of the representative about what on the statement does mark in which enters surname, own name, middle name of the applicant (representative), number, month, year of birth, identification number (in the presence), the name of the identity document, its number, date of issue, the name of the body which issued the document. The mark is certified by the signature of the notary with indication of date, the status of the notary, its initials and surname. The application is signed with own hand by the applicant (representative) in the presence of the notary.

In the absence of consent to processing of personal data at least of one person participating in making of notarial action, notarial action is made without carrying out video.

For carrying out video by the notary the mobile device or the camera can be used. Permission of shot of the camera in pixels cannot be less than 640 on 480.

Before carrying out video all persons participating in making of notarial action are warned by the notary about carrying out video.

Faces of all citizens participating in making of notarial action shall get to lens of the camera.

When carrying out video the course of making of notarial action shall be fixed.

The video shall contain the following data:

the place, date and time of the beginning and the termination of video, and in need of video break - time of the beginning and the termination of break of video;

surname, own name, middle name of the notary (with indication of the status of the notary and the name of the notarial district) who is carrying out video;

surnames, own names, middle names of persons (full name of the legal entity) initiating carrying out video;

surnames, own names, middle names of citizens and (or) full name of the legal entities participating in making of notarial action.

About carrying out video it is specified in the register for registration of notarial actions.";

in Item 6:

state part one in the following edition:

"6. Persons participating in making of notarial actions submit to the notary the documents proving their identity, confirming capacity to act of citizens (civil capacity to act), legal capacity of legal entities, powers on making of such actions from name and for the benefit of other persons.";

in part two to "certificate" to replace the word with the word "certificates";

the third offer of part three to state in the following edition: "Copies of the documents left in cases of the notary are certified by the signature of the notary with indication of date, the status of the notary, its initials and surname.";

the sixth to state part in the following edition:

"The documents confirming legal capacity of the legal entity return to person which provided them. About availability of the specified documents the mark in the copy of the transaction, power of attorney, statement for cancellation of the power of attorney, copy of consent, refusal, the statement for cancellation of donation, the statement of the member of limited liability company (additional liability company) for exit which is stored in cases of the notary from society, the document of governing body of economic society which fact of reliability is certified the statement for issue of the certificate on the right to inheritance, the statement for issue of the duplicate of the notarial document becomes. If such mark is not located on the document, it can be stated (is continued) on the single sheet which is attached to the document. The specified mark is certified by the signature of the notary with indication of date, the status of the notary, its initials and surname.";

in part seven of the word which is "notarially drawn up" to replace with the word of "notarial";

in Item 8 part two:

" (if that is available) (further - surname, own name, middle name)" to exclude from the paragraph of the fourth word;

in paragraph five to replace the word "name" with the word "type";

state Items 9 and 10 in the following edition:

"9. Making of notarial action is postponed by notaries once according to the statement of the interested person wishing to take a legal action for contest of the right or the fact about which certificate asks other interested person (further - the statement for adjournment).

The term of adjournment of making of notarial action cannot exceed ten days, being for court workers.

The term of adjournment of making of notarial action begins to flow from the date of filing of application about adjournment if other is not provided by parts four and heel of this Item.

If on acceptance date the notary of the statement for adjournment of making of executive text the claimant filed petition for making of executive text, the term of adjournment of making of executive text begins to flow from the date of filing of application about adjournment.

If on acceptance date the notary of the statement for adjournment of making of executive text the claimant did not file petition for making of executive text, the term of adjournment of making of executive text begins to flow from the date of filing of application about making of executive text.

The application for adjournment is submitted to the notary in writing in case of the personal address or in the form of the electronic document by means of information (electronic) resources (systems) of the Belarusian notarial chamber and shall contain:

type of notarial action about which adjournment asks the interested person;

surname, own name, middle name of the citizen or full name of the legal entity which addressed or can address for making of notarial action;

surname, own name, middle name of the interested person submitting the application, identification number (in the presence) and its residence (the place of stay) according to mark about registration at the place of residence in the identity document, and in case of lack of mark - the place of stay according to the certificate (certificate) of registration in the place of stay, or full name of the legal entity, its location, registration number in the Single state register of legal entities and individual entrepreneurs and date of state registration, accounting number of the payer or other similar number assigned in foreign state, post of the employee (in the presence);

the e-mail address and (or) contact telephone number - in case of filing of application in writing in case of the personal address to the notary;

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