RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of June 25, 2024 No. 43

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, 62, parts four of Item 2 of Article 65, of Item 3 of Article 110, of Item 3 of article 111 of the Law of the Republic of Belarus of July 18, 2004 No. 305-Z "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: parts two of Item 2 of article 59-1, of article

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:

1.1. preamble after words of "Article 21" to add with words ", parts two of Item 2 of article 59-1, of article 62, of part four of Item 2 of Article 65, of Item 3 of Article 110, of Item 3 of Article 111";

1.2. exclude Item 2-1;

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

1.3.1. the second Item 1 to add part with the words "The Republic of Belarus and Other International Legal Acts Containing Obligations of the Republic of Belarus";

1.3.2. in Item 3 part two:

replace the word "certified" with the word "certified";

add part with words ", except as specified, when legal acts establish other";

1.3.3. in item 4:

in part one of the word "blind citizen" shall be replaced with words "the disabled person with sight violation";

in part two of the word "deaf, mute or deaf-and-dumb citizen" shall be replaced with words "the disabled person with hearing disorder or speeches" in the corresponding case;

from word part eight "making of executive text in electronic form," and "((in the presence)" to exclude certificates of open keys;

from parts nine and the eleventh the word" ((in the presence)" to exclude certificates of open keys;

1.3.4. in Item 5:

to add part one after the word "actions" with words ", except for specified in part three of this Item,";

add Item with part of the following content:

"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 are registered in the register 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.";

1.3.5. in Item 5-1 part one:

the fourth to add the paragraph with words ", cancellation of soglasiya on transaction";

after the paragraph of the fourth to add part with the paragraph of the following content:

"orders about cancellation of the will;";

part the fifth after the words "personality, it" to add with words "series (in the presence) and";

1.3.6. add the Instruction with Item 52 following of content:

"52. At the request of person who addressed for the certificate of the fact of finding of the citizen in live or findings of the citizen in certain place, the notarial document is constituted in the form of the electronic document. At the same time one copy of the notarial document in the form of the electronic document is issued to person who addressed for making of notarial action, on the electronic medium of information provided to them (USB, in the presence at the notary of technical capabilities is other data carrier), the second copy of the notarial document in the form of the electronic document is stored in information resources (systems) of the Belarusian notarial chamber, the third copy of the notarial document is created on paper and together with documents based on which it is issued, stored in the case of the notary created in paper form.";

1.3.7. 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 (except as specified the directions of the statement for making of notarial action far off), the confirming capacities 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. When making notarial action the personality of person who addressed for its making, based on the data containing in the statement for making of notarial action far off and also the data received from the register of the population in day of making of notarial action (is far off identified in case of their availability in the register of the population), and in case of receipt of the statement with use of information resources (systems) of the Belarusian notarial chamber through personal account of the user - also based on the information about the user of personal account.";

part the sixth after the word of "refusal" to add with words "statements for cancellation of consent to transaction,";

1.3.8. add Item 8 with part of the following content:

"Refusal in making of notarial action far off, the application about which making is directed with use of information resources (systems) of the Belarusian notarial chamber, is taken out based on the application of person for pronouncement of the resolution on refusal in making of the notarial action directed in the form of the electronic document with use of the specified resources (systems) and drawn up in the form of the electronic document. The resolution on refusal in making of notarial action which is drawn up in the form of the electronic document goes to the applicant with use of information resources (systems) of the Belarusian notarial chamber. The resolution on refusal shall contain the data specified in part two of this Item in making of notarial action.";

1.3.9. in Item 9:

part the seventh after the words "personality, it" to add with words "series (in the presence) and";

in part eight to replace the word "seventh" with the word "sixth";

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