Review of Decree No. 278 “On the Procedure for Issuing Documents and Performing Actions”

Today, on September 6, 2023, the Decree of the President of the Republic of Belarus No. 278 of 04.09.2023 “On the Procedure of Issuing Documents and Performing Actions” (hereinafter referred to as the Decree) has officially published. 

The Decree changes the rules of administrative procedures and notary actions, including those performed by diplomatic agents and consular administrative officials upon the applications of citizens of the Republic of Belarus.

Here are the main changes that citizens of Belarus should take into account.

1. Changing of the rules for the implementation of certain administrative procedures.

The Decree establishes a list of administrative procedures, the applications for which may be submitted exclusively by a citizen of Belarus in person or by his/her representative on the basis of a power of attorney issued in the Republic of Belarus.

They include:

Such list includes:

1. administrative decision on authorisation of alienation of residential premises, or share(s) in the property right to it acquired with the use of family capital funds before the expiry of 5 years from the date of state registration of the property right to them;
2. administrative decision on the assignment of the family capital;
3. administrative decision on the early disposal of the family capital funds;
4. administrative decision on the disposal of the family capital funds after the expiry of 18 years from the date of birth of the child in connection with whose birth (adoption) the family has acquired the assignment of the family capital;
5. issuance of a duplicative civil status certificate, except for the issuance of a duplicative death certificate;
6. issuance of reference notes from the civil status records (on the civil status record, on the absence of a record of marriage) and notices on the absence of a civil status record, except for reference notes from the death records;
7. issuance of duplicates of an educational certificate, of an annex to it, of a teaching certificate;
8. registration at the place of residence (place of stay) of citizens of the Republic of Belarus, foreign citizens and stateless persons permanently residing in the Republic of Belarus;
9. issuance of passes for the right of extraordinary entrance into the territory of road checkpoints across the State border of the Republic of Belarus;
10. state registration of vehicles (except for wheeled tractors, trailers and semi-trailers thereto);
11. deregistration of transport vehicles;
12. addition of an apostille certificate to an official document drawn up on the territory of the Republic of Belarus upon the application of a person located in the Republic of Belarus;
13. legalisation of an official document in the Republic of Belarus;
14. state registration in respect of:

• land plots;
• a residential building or an isolated residential housing premise;
• a capital structure, an unfinished canned capital structure, an isolated premise or a parking space;
• an exploited capital structure, an exploited isolated premise or an exploited parking space.

From the date of entry into effect of the Decree, the representatives of Belarusian citizens acting on the basis of a power of attorney issued on the territory of a foreign state (including those certified by the diplomatic missions and the consular offices of the Republic of Belarus) will not be able to apply for any of the aforementioned administrative procedures.

Another administrative procedures in relation to citizens of Belarus, as well as any administrative procedures upon the applications of foreign citizens, stateless persons and legal entities are not affected by the Decree.

The applications for administrative procedures filed before the entry into effect of the Decree shall be processed in accordance with the procedure set forth  before the Decree came into effect.

2. Changes of the procedure of notarial certification and state registration (certification) of certain agreements

The Decreestablishes a list of agreements which may be notarially certified and (or) state registered (certified) exclusively upon the personal application of a citizen of Belarus or his representative on the basis of a power of attorney issued in the Republic of Belarus.

Such list includes:

1. agreements on alienation or pledge of immovable property;
2. agreements on alienation of motor vehicles, trailers or self-propelled machines subject to state registration and state accounting;
3. other agreements or transactions on alienation of property, which are made in notarial form and (or) are subject to state registration.

From the date of entry into effect of the Decree, the representatives acting on the basis of a power of attorney executed on the territory of a foreign state (including those certified by the diplomatic missions and the consular offices of the Republic of Belarus) will not be able to apply for notarial certification and (or) state registration (certification) of such transactions.

Notarial certification and (or) state registration (certification) of transactions upon the application of foreign citizens, stateless persons and legal entities are not affected by the Decree.

The applications for notarial certification and (or) state registration (certification) of these transactions filed before the entry into effect of the Decree shall be processed in accordance with the procedure set forth before the Decree came into force.

3. Reduction of the number of notarial acts performed by diplomatic agents of diplomatic missions of the Republic of Belarus and by consular administrative officials of consular offices of the Republic of Belarus

From the date of entry into effect of the Decree, the citizens of Belarus will be able to file to diplomatic missions and consular offices of the Republic of Belarus only the applications regarding:

1. certification of wills;
2. certification of consents, refusals;
3. certification of copies of documents and extracts from documents;
4. certification of authenticity of signatures on documents;
5. certification of the accuracy of translation of documents from one language into another;
6. certification of the fact that the citizen is alive;
7. certification of the fact that the citizen is located in a certain place;
8. certification of the identity of the citizen with the person depicted in the photo;
9. certification of the time of presentation of documents;
10. issuing duplicates of notarial documents, copies of which are kept in diplomatic missions and consular offices of the Republic of Belarus.

The right to file to diplomatic missions and consular offices of the Republic of Belarus the applications for certification and cancellation of powers of attorney is reserved only for:

1. the employees of diplomatic missions, consular offices or trade missions of the Republic of Belarus and members of their families;
2. the representatives of state bodies and members of their families;
3. other persons determined by the Council of Ministers of the Republic of Belarus (currently there is no list determining such persons).

The list of notarial acts performed by diplomatic missions and consular offices of the Republic of Belarus upon the applicationst of foreign citizens, stateless persons and legal entities is not affected by the Decree.

The appliacations for the performance of other notarial acts filed by the Belarusian citizens to diplomatic missions and consular offices of the Republic of Belarus before the entry into effect of the Decree shall be processed in accordance with the procedure set forth before the Decree came into force.

4. Changes in the procedure of issuing identity and travel documents to citizens of the Republic of Belarus

The issue and exchange of passports, ID cards and biometric passports are excluded from the competence of diplomatic missions and consular offices of the Republic of Belarus.

From the date of entry into effect of the Decree:

1. the citizens residing in the Republic of Belarus may file an application for issuance or exchange of the passport exclusively to the body of internal affairs located at the place of the citizen’s residence;
2. the citizens permanently residing outside of the Republic of Belarus and registered at the consular record keeping may file for issuance or exchange of the passport exclusively to the body of internal affairs. Their passports shall be issued by the body of internal affairs located at the place of the last citizen’s residence.

The citizens permanently residing outside of the Republic of Belarus may file an application for issuance or exchange of the ID card and (or) biometric passport exclusively to the Ministry of Foreign Affairs. The first ID card shall be issued by the Ministry of Foreign Affairs. In case of loss or theft of the ID card such card shall be issued either by the Ministry of Foreign Affairs or by the body of internal affairs. The biometric passport may be issued either by the Ministry of Foreign Affairs or by the body of internal affairs.

The procedure for single-entry renewal of a passport of a citizen of the Republic of Belarus is terminated.

The applications for the issuance of passports, ID cards and biometric passports filed to the diplomatic missions and consular offices of the Republic of Belarus before the entry into effect of the Decree, shall be processed in accordance with the procedure set forth before the Decree came into effect.

The identity and travel documents issued or extended by diplomatic missions and consular offices of the Republic of Belarus prior to the entry into force of the Decree shall be valid until their expiry date.

Who is not affected by the Decree?

The Decree does not affect foreign citizens, stateless persons and legal entities regardless of the place of their registration. Thus, the administrative procedures and notarial actions (including those performed by diplomatic agents and consular officials) performance upon their applications remains unchanged.

Link to the source of official publication: https://pravo.by/document/?guid=12551&p0=P32300278 

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