RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of March 24, 2022 No. 51

About change of the resolution of the Ministry of Justice of the Republic of Belarus of February 19, 2002 No. 3

Based on the paragraph of the eighteenth Item 1 of Article 21 and Item 2 of article 57 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 February 19, 2002 No. 3 "About approval of the Instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified" the following changes:

to state preamble and Item 1 in the following edition:

"Based on the paragraph of the eighteenth Item 1 of Article 21 and Item 2 of article 57 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 the Instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified it (is applied).";

The instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified, approved by this resolution to be reworded as follows it (is applied).

2. Determine that the books for registration of wills, the powers of attorney certified by officials made (used) before entry into force of this resolution are used to their complete expenditure.

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of February 19, 2002 No. 3
(in edition of the Resolution of the Ministry of Justice of the Republic of Belarus of March 24, 2022 No. 51)

The instruction about procedure for the certificate of the wills and powers of attorney equated to notarially certified

Chapter 1. General provisions

1. This Instruction determines procedure for the certificate of the wills and powers of attorney equated to notarially certified, the officials specified in Item 3 of Article 186 and Item 1 of Article 1047 of the Civil code of the Republic of Belarus.

2. For the purposes of this Instruction the following terms and determinations are used:

the official – person who according to the Civil code of the Republic of Belarus is granted the right of the certificate of wills, the powers of attorney equated to notarially certified;

the testator – person who addressed for the certificate of the will;

interested persons are persons specified in Item 3 of Article 186 and Item 1 of Article 1047 of the Civil code of the Republic of Belarus which addressed officials for the certificate of the will, powers of attorney;

the addressed persons are the interested persons, persons who signed the will, the power of attorney, the witness, the testamentary executor;

the representative – person addressed to whom the power of attorney is issued;

represented – person which issued the power of attorney.

3. The official has no right to certify wills, powers of attorney on the name and on its own behalf, addressed to and on behalf of the spouse (spouse), his (her) and relatives (parents, adoptive parents (adopters) (further – the adoptive father), the children including adopted (adopted) of brothers and sisters, the grandfather, the grandma, grandsons).

Chapter 2. General rules of the certificate of wills, powers of attorney

4. In case of the certificate of the will, the power of attorney the official is guided by the Civil code of the Republic of Belarus, the Law of the Republic of Belarus "About notariate and notarial activities", this Instruction and other acts of the legislation.

5. In case of the certificate of the will, the power of attorney the official reveals declaration of will of the testator represented and compliance to it of the certified will, the power of attorney, and also carries out legal treatment of the will, power of attorney and checks compliance of contents of the draft of the will, power of attorney to requirements of the legislation, other circumstances important for the certificate of the will, the power of attorney.

6. The data which are notarial secret, and also containing them documents are issued according to Items 2-4 of article 9 of the Law of the Republic of Belarus "About notariate and notarial activities".

The official shall observe notarial secret.

Requirements about observance of notarial secret extend also to persons to whom the data which are notarial secret became known in connection with execution by these persons of service duties, including after dismissal of serving (dismissal).

Person guilty of disclosure of notarial secret bears the responsibility established by legal acts.

7. In case of the certificate of the will, the power of attorney the official identifies the personality of the addressed persons.

Identity documents, are:

passport of the citizen of the Republic of Belarus;

the residence permit in the Republic of Belarus;

certificate of the refugee;

ID card of the citizen of the Republic of Belarus;

the biometric residence permit in the Republic of Belarus the foreign citizen;

the biometric residence permit in the Republic of Belarus stateless persons.

The document proving the identity of the foreigner who is temporarily staying or temporarily living in the Republic of Belarus in the Republic of Belarus, except for foreigners to whom the status of the refugee in the Republic of Belarus is provided the document for trip abroad is.

In the cases provided by legal acts, resolutions of Council of Ministers of the Republic of Belarus, for the identity certificate of citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, foreign citizens and stateless persons to which the status of the refugee in the Republic of Belarus is provided and also for confirmation of their special status (the rights and obligations) except the documents specified in parts two and third this Item other documents can be used.

8. In case of the certificate of the will, the power of attorney the official checks capacity to act (civil capacity to act) of the interested person.

Civil capacity to act comes in full with occurrence of age of majority. If in cases, stipulated by the legislation, capacity to act in full arose before age of majority, then the official requests in addition the documents confirming capacity to act acquisition (the decision of guardianship and custody body or court on the announcement of the minor sui juris, the certificate on marriage, the judgment or the certificate on annulment of marriage and others).

Minor, acknowledged in accordance with the established procedure sui juris (emancipated), makes the will and issues the power of attorney independently.

9. Wills, powers of attorney shall be written clearly and accurately, the dates specified in documents, the amounts and time frames shall be specified at least once by words.

The surname, own name, middle name (if that is available) (further – middle name) the citizen, its residence (the place of stay) shall be written completely, names of legal entities at least once are provided without reducings.

The documents having erasures, additions, the crossed-out words, are not accepted by the official for the certificate.

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