On the activities of the notary

The significance of the notary profession cannot be overstated. Thanks to the activities of notarial bodies, which perform a preventive function, the protection of subjective rights and legally protected interests of individuals in the event of a court dispute is greatly facilitated, as a contract certified in compliance with the basic rules for performing notarial acts is presumed to be authentic and undisputed. Therefore, the legislator has not overlooked the notary profession in its regulatory legal acts.

The legal basis for the activities of the notary profession is, first and foremost, the Constitution of the Republic of Belarus. The main provisions concerning the notary profession are established by the Law of the Republic of Belarus of July 18, 2004 No. 305-Z "On Notaries and Notarial Activities". This Law defines the legal, organizational, and socio-economic foundations of the notary profession, the tasks and principles of notarial activities in the Republic of Belarus, and also regulates relations in the field of carrying out notarial activities.

Among other regulatory legal acts, the Decree of the President of the Republic of Belarus of August 11, 2011 No. 366 "On Certain Issues of Notarial Activities" should be highlighted. It was issued in order to improve the procedure for satisfying undisputed claims of citizens and legal entities, as well as to alleviate the situation of economic (at that time, still economic) courts. This decree provides a list of executive inscriptions that notaries can make, establishes the rate of state duty for them, and the procedure for its payment.

On August 10, 2015, the Decree of the President of the Republic of Belarus of May 7, 2015 No. 195 "On Amending and Supplementing Decrees of the President of the Republic of Belarus" entered into force, which introduces amendments and additions to Decree No. 366 of August 11, 2011 "On Certain Issues of Notarial Activities". This Decree expands the list of claims for which recovery must be carried out by making an executive inscription by a notary, which is an executive document and is subject to execution in the manner prescribed by law. Such

measures were intended to reduce the burden on the courts, which was generally achieved.

After the Decree entered into force, the main part of the debt, which was previously recovered in economic courts under the order production procedure, can be recovered by making an executive inscription with a notary. Moreover, Decree No. 195 establishes a direct prohibition on applying to courts of general jurisdiction under the order production procedure with claims for the recovery of monetary sums (debts) provided for in the first part of paragraph 1 of Decree No. 195, which, among other things, include the above. Thus, the legislator has fundamentally reduced the burden on the judicial system, giving business entities the opportunity to apply to notaries for an executive inscription in situations where the debt is actually acknowledged by the debtor but not paid due to certain circumstances.

Assistant to the Vitebsk Transport Prosecutor
Junior Counsel of Justice V.O. Shevernovskaya