What does representation by power of attorney mean?

In life, situations often arise when a person lives or is temporarily located outside the Republic of Belarus, and he needs to perform legally significant actions in the Republic of Belarus.
The issues of issuing a power of attorney and representing interests by proxy are regulated by the Civil Code of the Republic of Belarus, as well as legislation containing legal norms on notaries.
In accordance with Article 183 of the Civil Code of the Republic of Belarus, a power of attorney is a written authorization that one person issues to another to represent his interests before third parties.
In Art. 183 of the Civil Code also indicates the transfer of trust, i.e. it is allowed to grant powers of representation to other persons, but only with the consent of the principal. In practice, the possibility of substitution should be indicated in the text of the power of attorney itself.

In what cases is it necessary to issue a power of attorney to represent interests in Belarus

It is not always possible for a person who is abroad to come to Belarus in a timely manner, for example, to receive an inheritance or to make a civil transaction (concluding a loan agreement, buying and selling an apartment or a car, etc.). There is a way out of this situation.
A foreign citizen or a citizen of Belarus, residing or temporarily staying outside its borders, has the right to issue a power of attorney to represent their interests in Belarus. This may be the commission of civil law transactions, inheritance, representation of interests in courts, receipt of pensions and benefits and other legal issues.

Who can be issued a power of attorney to resolve legal issues in Belarus

A foreign citizen residing outside of Belarus has the right to issue a power of attorney to represent his interests to any person. The legislator does not restrict the right to choose a representative. It can be a familiar person, a close or distant relative, etc.
At the same time, very often people are faced with a situation where it is necessary to represent their interests by a professional, i.e. a person with legal education and work experience. That is why cases of seeking professional help from lawyers are common.

Registration of inheritance in Belarus by power of attorney

For an example of an explanation of the legislative norms on the execution of a power of attorney by inheritance, let’s take the following situation. The grandfather who lived in Belarus died. He owned a house and a garage. Grandfather bequeathed this real estate to his grandson, who lives in Germany.
For registration of inheritance rights, the Civil Code of the Republic of Belarus establishes a six-month period from the date of death of the testator. However, in the above example, the grandson does not have an objective opportunity to come to Belarus on time (due to work, long-term illness or other reasons).
The way out of the situation is as follows. A grandson has the right to issue a power of attorney to a relative, a lawyer or another person for registration of inheritance rights after the death of a grandfather.

Representation by PoA in civil courts

Issues of representation in civil cases are regulated by the Civil Procedure Code of the Republic of Belarus. The legislator establishes that in cases involving civil legal relations, the plaintiff or defendant has the right to protect their interests through a representative.

The types of civil disputes that may arise between individuals are as follows:
– disputes over property transactions;
– disputes related to consumer protection;
– disputes related to the protection of intellectual property rights;
– other types of disputes.
A representative in a civil court may be a lawyer or other person to whom a power of attorney has been issued.

Representation by PoA in family courts

In addition to civil disputes, family disputes may arise between individuals. In such categories of cases, it is also possible to represent interests by PoA.

So, a citizen has the right to issue a power of attorney:
– on disputes arising from maintenance obligations;
– on disputes related to the dissolution of marriage;
– on disputes on the recognition of marriage as invalid;
– on disputes on the division of property between spouses, etc.

Protection by a representative, including a lawyer, of the interests of the principal is possible through participation in the court session, advising on issues arising in the course of preparation for the trial, legal assistance in drawing up a statement of claim, objections to the statement of claim, complaints against decisions of the court of first instance.

Where to apply for a power of attorney

In order to issue a power of attorney in a foreign state if the principal does not have the opportunity to come to the Republic of Belarus, it is necessary to contact a notary in the state of residence or residence.
Subsequently, the power of attorney is subject to an apostille or legalization in the Republic of Belarus, depending on the state in which the principal is located. In addition, if the language of a foreign state differs from the state languages ??of the Republic of Belarus (Russian and Belarusian), the power of attorney is subject to translation into one of the state languages ??of Belarus.

What documents do you need to submit for a power of attorney?

The requirements for the submitted documents in various states are regulated by national legislation.
If we are talking about issuing a power of attorney in Belarus, then you need to contact any notary office or notary office and provide the following documents and information:
– trustee’s passport;
– surname, name, patronymic and passport details of the representative;
– documents confirming the right to benefits (if any);
– receipt of payment of the notary fee for certification and preparation of a draft power of attorney.

The cost of issuing a power of attorney in Belarus

The cost of a power of attorney in the Republic of Belarus depends on the type of power of attorney and the degree of relationship with the representative.
Certification of a power of attorney for the right to own, use and dispose of property, including a car, is 32 Belarusian rubles if the principal and representative are close relatives. In the case of issuing a power of attorney to third parties, the cost is 64 Belarusian rubles.
A power of attorney for banks to carry out banking operations (opening accounts, issuing a loan is 64 Belarusian rubles).

Summing up the above, it is important to note that if it is not possible to come to the Republic of Belarus to resolve legal issues that have arisen, an individual has the right to represent interests by proxy, subject to all the rules and regulations for its execution.

How can we help you

Our lawyers have extensive experience in supporting clients on matters of representing interests by the power of attorney in various instances of Belarus.

You can contact us by email: info@allford.by or by phone +375173550355.

Legal protection of foreigners and foreign companies in Belarus

Legal consolidation of the right of foreign citizens to judicial protection

The legal status of foreign citizens on the territory of Belarus is regulated by the Constitution of the Republic of Belarus, the Civil Procedure and other codes, as well as the Law of the Republic of Belarus “On the legal status of foreign citizens and stateless persons in the Republic of Belarus”.
Article 541 of the Civil Procedure Code of the Republic of Belarus guarantees foreign citizens the right to unhindered recourse to a judicial court to protect their violated or disputed rights and legitimate interests on an equal basis with citizens of Belarus.
This means that the Belarusian legislation does not in any way infringe on the rights of foreigners to judicial protection. In some countries, foreign nationals are required to post a bond to secure legal costs before going to court. The legislation of Belarus does not provide for such an obligation, therefore, it is more flexible in relation to foreign citizens than the legal systems of some other states.
The rights of foreigners in litigation do not differ from the rights of Belarusian citizens. Citizens of foreign countries in the trials held in Belarus are endowed with full civil procedural legal capacity, as well as criminal and others.

Rights of foreigners in court in civil proceedings in Belarus

Rules on the jurisdiction of civil cases involving foreigners are regulated by Chapter 41 of the Civil Procedure Code of the Republic of Belarus.
Article 541 of the Code of Civil Procedure of the Republic of Belarus provides that foreign citizens have the right to freely apply to the judicial authorities of Belarus and have civil procedural legal capacity on an equal basis with Belarusian citizens.
The concept of “civil legal standing” includes all the rights of participants in civil proceedings. A foreign citizen may be a plaintiff, defendant, witness and other person legally interested in the outcome of the case in civil proceedings. Foreigners can also act as legally disinterested persons in civil proceedings.
Citizens of foreign countries may be participants in the trial in person or through a representative (usually a lawyer). The consul of the country of which he is a citizen can also represent the interests of a foreigner in court (Article 552 of the Code of Civil Procedure).

Foreign citizens as participants in civil proceedings have the right to:
– submit motions and applications to the court;
– declare withdrawals;
– get acquainted with the materials of the case;
– participate in the examination of evidence;
– present evidence to the court;
– to speak in judicial debates;
– have other rights provided for by the Code of Civil Procedure.

At the same time, Article 541 of the Code of Civil Procedure contains a rule that the legal capacity of foreigners in Belarusian courts may be limited if the legislation of the states of which they are citizens contains special restrictions for citizens of Belarus. This is a response norm in the international civil process, containing restrictions for foreigners, if any, in relation to citizens of Belarus.
Violation of his rights as a consumer can serve as an example of a foreign citizen’s appeal to the court within the framework of civil proceedings. For example, a citizen of a foreign state purchased household appliances in a store in Minsk, which turned out to be of poor quality. The store refused to return the money to the foreigner and pick up the goods. In this case, the norms of the legislation on the protection of consumer rights come into force, and the foreigner has the right to file a claim with the court for the return of funds and the recovery of damages, if any.

Protection of the interests of foreign companies in the arbitration courts of Belarus

Foreign companies have the right to defend their interests in arbitration courts operating on the territory of Belarus:
– International Arbitration Court at the BelCCI;
– International Arbitration (Arbitration) Court “Chamber of Arbitrators under the Union of Lawyers”.

The arbitration courts of Belarus are guided by national and international legislation and are called upon to consider disputes involving foreign companies registered in the territory of the Republic of Belarus.
Representatives of foreign companies have the right to apply to arbitration courts with a claim for consideration of a civil legal dispute of an economic nature.
In the International Arbitration Court at the BelCCI, as a rule, one of the parties to the process is a Belarusian company.
The arbitration courts of Belarus consider economic disputes involving foreign legal entities, as well as Belarusian companies. In an agreement or contract, the two parties may provide that in the event of disputes, they will apply to an arbitration (arbitration) court.

Rights of foreigners in court in criminal proceedings

Foreign citizens may act as suspects, accused, victims or witnesses in criminal proceedings. If a criminal case is initiated against a foreign citizen, he has the right to use the services of a free translator.
A foreign citizen has the right to get acquainted with all the materials of the criminal case against him, and they must be clear to him if he does not speak Russian.
Thus, the role of the translator in the criminal process is very significant. The interpreter must translate to a foreign citizen accused of committing a crime the decision to initiate a criminal case, to recognize him as a defendant, and other documents. A foreign citizen has the right to be properly informed about what he is accused of.
The Criminal Procedure Code of the Republic of Belarus guarantees a foreigner the right to a lawyer in criminal proceedings who will protect his interests and present evidence of his innocence to the court.

The right of foreigners to a free interpreter in court

Foreign citizens who do not speak the language of legal proceedings are entitled to use the services of an interpreter. At the same time, foreigners have the right to speak in the courts of Belarus in their native language, and the speech of a foreigner is translated into Russian, in which legal proceedings are usually conducted.
Personal and other documents of a foreigner, if they are drawn up in a foreign language, are subject to official translation into Russian or Belarusian. Translation bureaus, as well as translators who have a diploma with the obligatory indication of the specialty “translator” have the right to officially translate foreign documents.

The right of foreign companies to judicial protection in Belarus

Part 2 of Article 541 of the Code of Civil Procedure of the Republic of Belarus contains a provision according to which foreign legal entities have the right to apply to the courts of the Republic of Belarus and enjoy civil procedural rights on an equal basis with legal entities of the Republic of Belarus. At the same time, the article contains a reservation that a different procedure may be provided for by legislative acts, international treaties of the Republic of Belarus and agreements of the parties.
Let us give an example when a foreign company enjoys full civil legal capacity on the territory of Belarus. Thus, a foreign LLC registered in Belarus entered into a contract for the supply of furniture with a Belarusian enterprise. The Belarusian enterprise accepted the goods, but did not pay its cost in full. In this case, a foreign LLC has the right to apply to the court with a claim for the recovery of the unpaid amount under the supply agreement and interest for the use of other people’s funds (Article 366 of the Civil Code of the Republic of Belarus).

Representing the interests of a foreign company in court by power of attorney in Belarus

In the courts of Belarus, foreign firms can be represented by a Belarusian citizen, including a lawyer or lawyer.
A power of attorney to represent interests in court must be certified by a notary. A representative of a foreign company must come to a notary’s office or a notary’s office of the Republic of Belarus.

The notary must provide the following documents:
– constituent documents of a foreign company and their translation into Russian/Belarusian, notarized;
– an order to appoint the applicant as a director and its translation into Russian/Belarusian;
– passport or other identity document;
– Full name and passport details of the representative;
– receipt of payment of the notary fee.
The power of attorney is drawn up in Russian in the presence of an interpreter, if the citizen does not speak the languages ????of notarial office work – Russian or Belarusian. A foreigner must read the power of attorney in the presence of a notary (if necessary – read by an interpreter in a language understandable to a foreigner). Further, the foreigner signs the power of attorney, it is sealed, it is affixed with an acknowledgment inscription and the signature of a notary.

The right of foreigners and foreign companies to apply to law enforcement agencies

Foreign citizens, as well as foreign companies in Belarus, have the right to protect their legitimate interests. The legitimate interests of foreigners and foreign companies can be protected by applying to the prosecutor’s office, internal affairs, the department for combating economic crimes, etc.
To apply to law enforcement agencies, you must write and send an application in Russian / Belarusian. If a foreigner does not speak Russian / Belarusian, then he can use the services of an interpreter.
All appeals received by law enforcement agencies are subject to mandatory consideration and response within 15 days. If the circumstances specified in the application to the prosecutor’s office indicate a violation of the law, the prosecutor issues a protest, an order to eliminate the violation of the law, or another act of the prosecutor’s response.

The right of foreigners to appeal court decisions

Foreign citizens, like citizens of Belarus, have the right to appeal court decisions to higher authorities.
Thus, foreigners have the right to file complaints against the decisions of the courts of first instance in case of disagreement with them.
A foreigner can appeal against a decision on deportation, on recognizing a marriage as invalid, on the recovery of alimony, etc. In this case, foreigners usually act through a lawyer who draws up an appeal and sends it to a higher authority.
Decisions of the Supreme Court of the Republic of Belarus are not subject to appeal, they are final.
Based on the foregoing, foreigners in Belarus are provided with a national legal regime, i.e. the right to judicial protection of their rights and legitimate interests on an equal basis with Belarusian citizens. At the same time, in relation to the judicial protection of foreigners, there are features provided for by the legislation of Belarus.

HOW TO FIND AND CONTACT US

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Representation by power of attorney in Belarus: in what cases is a power of attorney required and the rules for issuing it