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

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

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.

Read more about inheritance cases here.

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.

Read more about family law here.

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.

Buying a house in Belarus by a foreign citizen /in , /by

Buying a house in Belarus by a foreign citizen

In the last 2 years, we have received a large number of requests from foreign citizens regarding the purchase of residential real estate in the Republic of Belarus – an apartment or a residential building. In this article, we will consider the issues of buying residential real estate in Belarus, namely, houses, and we will also tell you what rights the owner has, which gives the purchase of a house in Belarus to a foreigner.

Property rights of foreigners in Belarus

Article 12 of the Law of the Republic of Belarus “On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus” determines that foreign citizens in the Republic of Belarus have property rights, including:

  • the right to own property;
  • the right to bequeath property;
  • the right to inherit property;
  • other property rights in accordance with the law.

The right of ownership of property means the general civil right of the owner (in this case, a foreign citizen) to own, use and dispose of the property belonging to him.

Under “property” in this case, the Law means both movable (cars, household appliances, professional tools, etc.) and immovable property. The concept of “real estate” includes, among other things, a residential building.

Thus, the Belarusian legislation clearly establishes that foreign citizens can own residential buildings in Belarus in private ownership, and, consequently, make transactions with them, in particular, conclude contracts for the sale of residential buildings.

The most common cases today are the purchase of residential buildings in Belarus by citizens of many countries of the world. In Belarus, foreigners are attracted by the legally protected secrecy of the purchase and ownership of real estate by a foreigner. Thus, the fact of real estate acquisition is confidential.

Citizens of foreign countries buy houses in the Republic of Belarus both for permanent or temporary residence, and for doing business or renting a house.

The procedure for buying a residential building in Belarus by a foreigner

Conclusion of a transaction for the sale of a residential building

When buying a residential building by a foreign citizen from a citizen of Belarus, the parties must conclude a contract of sale. To do this, they need to contact one of the following authorities:

  • to a notary in a notary’s office or a notary’s office;
  • to the registrar of real estate in the territorial agency for registration of real estate transactions.

Previously, the legislation required the conclusion of a contract for the sale of a residential building located in the city of Minsk, only on a territorial basis, i.e. exclusively in the notary’s office of the district of the city where the house is located. Currently, you can contact any notary in Minsk if the residential building is located in the capital.

List of documents to be submitted to a notary or registrar

A foreign citizen, or a buyer, when concluding a contract for the sale of a residential building, must provide a notary or registrar with:

  • your passport;
  • certified translation of the passport into Russian (if the passport is in a foreign language);
  • power of attorney (when concluding a transaction through a representative).

If the buyer is a foreign legal entity, then the title documents of the company (certificate of state registration, constituent documents, etc.) must also be presented.

Payment of the tariff for the certificate of the contract of sale

For certification of the contract for the sale of a residential building, the parties must pay a notary fee or a state fee when registering the contract with the territorial agency for state registration of real estate, rights to it and transactions with it.

In accordance with the rates of notarial fees approved by the Council of Ministers of the Republic of Belarus, the certification and drafting of a contract for the sale of a residential building between close relatives will cost 96 Belarusian rubles, and between other persons – 216 Belarusian rubles.

Registration of a residential building in the ownership of a foreign citizen

After notarization of the contract for the sale of a residential building, it is necessary to register the ownership of it in the name of the buyer – a foreign citizen.

To do this, you should come to the territorial body for state registration of real estate with a package of documents. After the registrar has completed all the necessary actions, the foreigner will be issued a certificate of ownership of the residential building, as well as a technical passport of the residential building indicating its address, area, technical characteristics, etc.

At the same time, it should be taken into account that the land plot on which the residential building is located will not be owned by a foreigner, but on a leasehold basis, since foreigners cannot have the right to own land in Belarus, except as provided by law.

Tax rules when buying a residential building in Belarus by a foreigner

The Tax Code of the Republic of Belarus does not contain the obligation of foreign citizens to pay tax when buying real estate. This also applies to buying a house.

In addition, there are no provisions in the legislation on the obligation of foreign citizens to pay tax when buying a second and subsequent real estate objects.

In this regard, buying a house in Belarus by a foreigner is an attractive option for investing money.

Obtaining a temporary residence permit when a foreigner buys a residential house in Belarus

The legislator establishes that one of the grounds for a foreigner to obtain a temporary residence permit in Belarus is the possession of real estate.

Thus, if a foreigner buys a residential building in Belarus, registers it in the territorial agency for registration of real estate and transactions with it in his own name, then he can be issued a temporary residence permit for a period of 1 year in Belarus with subsequent extension.

At the same time, it should be taken into account that the law does not give the right to obtain a residence permit when buying a commercial real estate in Belarus (except if a foreigner has spent more than 150,000 euros on it).

If a foreigner has become the owner of a residential building, he has the right to obtain a temporary residence permit in Belarus not only for himself, but also for his family members.

Payment of utilities for living in a residential building by a foreign citizen

Preferential tariffs for payment of housing and communal services are provided only for citizens of Belarus. Consequently, a foreigner who has bought a house in Belarus must pay utility bills at economically justified rates, that is, in the amount of 100%.

If a foreigner rents out a residential building, then the persons registered in it will also pay for housing and communal services in full.

In addition, able-bodied citizens of Belarus who went abroad before March 1, 2022 and are not on the territory of the Belarusian state are also required to pay housing and communal services in the amount of 100%.

Legal consequences in case of death of a foreign citizen

In the event of the death of a foreign citizen, the residential building acquired by him passes to his heirs.

The question arises as to the legislation of which state will regulate the order of inheritance.

Article 1134 of the Civil Code of the Republic of Belarus establishes that if the property is located on the territory of Belarus, then Belarusian legislation applies to the procedure for its inheritance.

Thus, after the death of a foreigner, his heirs will inherit the residential building by law or by will according to the general rules of the civil legislation of Belarus.

Gifting a house to a foreign citizen

A foreign citizen can act as a donee when donating real estate, however, there are some peculiarities in relation to a residential building. Since, according to the norms of the Code of the Republic of Belarus on land, land plots cannot be owned by foreign citizens on the basis of alienation agreements, therefore, donating a residential house to a foreign citizen with a land plot is prohibited.

In this case, a land plot may be held by a foreign citizen on a leasehold basis. Thus, when donating a residential building, a foreigner becomes the owner of the residential building and the tenant of the land plot on which it is located.

The right of a foreign citizen to a share in the ownership of a residential building

The legislator does not restrict the right of a foreign citizen to own a share of a residential building. However, in this case, the issue of land arises, since it cannot be owned by foreigners (with the exception of inheritance).

Thus, in order to sell a part of a house to a foreigner, it is necessary to document the part of the land plot on which this part of the house is located. Consequently, the foreigner will have a share in the ownership of the residential building and the right to lease the allocated part of the land plot on which the house is located.

Inheritance of a residential building in Belarus by a foreigner

When inheriting a residential building by a foreigner, if the property is located on the territory of Belarus, the rules on inheritance established by the Civil Code of the Republic of Belarus apply.

Thus, a residential building can be transferred to a foreigner for two reasons:

  • by right of succession by law;
  • by will.

For example, a mother, a citizen of Belarus, who owned a house, died. Her daughter lives outside of Belarus and has received foreign citizenship. The daughter will be called to inherit after the death of her mother as the heiress of the first line. The heirs of the first stage, except for children, include the parents and spouse of the testator.

Let’s take another example. Grandmother, a citizen of Belarus, bequeathed the house to her grandson, who received German citizenship. He will be called to inherit by will after the death of the grandmother, even if she has legal heirs.

Thus, testamentary heirs take precedence over statutory heirs, that is, statutory inheritance takes place if the deceased did not leave a will.

The Code of the Republic of Belarus on Land determines that when a land plot is inherited, it becomes the property of a foreign citizen. Thus, a land plot can become the property of a foreigner only by way of inheritance, while the property itself, i.e. a residential building passes into his ownership both after inheritance and after the conclusion of a contract of sale.

Reconstruction of a residential building in Belarus by a foreigner

If a foreign citizen bought a residential building in Belarus and formalized the right of ownership to it, then he can use and dispose of the house as a full-fledged owner of real estate.

Consequently, Belarusian legislation does not establish restrictions on the repair or reconstruction of a residential building by a foreigner. Reconstruction is carried out according to the general rules when performing the following actions:

  • taking a written notarized consent of all co-owners of a residential building, as well as adult citizens registered in it, for reconstruction;
  • appeals to the design organization for the preparation of a reconstruction plan;
  • carrying out work on the reconstruction of a residential building;
  • applying to the territorial organization for registration of real estate for the production of a new technical passport for a residential building.

Thus, the purchase of a residential building in Belarus by a foreign citizen is carried out according to the general rules of the law, but with some peculiarities. Thus, a foreign citizen cannot own a land plot (except in cases of inheritance), but has the right to rent it.

To complete a sale and purchase transaction, a foreigner must provide a notarized translation of the passport, if it is not in Russian. If a foreigner does not speak any of the state languages ??of Belarus, he must bring to the notary a translator who has an appropriate diploma or is included in the register of translators at the territorial notary chamber.

How can we help you

Our lawyers have extensive experience in supporting real estate purchase and sale transactions, including residential real estate. As a rule, we provide a whole range of services – from supporting the purchase of real estate, to obtaining temporary residence permits for the owner and his family members.

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

Changes in migration law of Belarus in H1 2022 /in , /by

Main changes in the migration legislation of Belarus in the 1st half of 2022

Changing the deadlines for obtaining a work permit

The terms for obtaining and renewing special permits for the right to engage in labor activities have been changed, and the registration of an employment contract with a foreigner has become a separate administrative procedure.

Any employer who decides to hire a foreigner should know that the conclusion of an employment contract (contract) with this employee will not be enough. For each foreign worker, the employer must obtain a special permit for the right to engage in labor activity in the Republic of Belarus, or in simple terms – a work permit.

From March 27, 2022, the deadlines for obtaining and renewing work permits have been changed in Belarus.

Now the administrative procedure for obtaining a work permit takes 10 days, and the renewal of a permit – 7 days (previously it took 15 days to obtain, renewal – 10 days).

To obtain a work permit, the employer needs to apply to the Office of Citizenship and Migration at the location of the organization with a package of documents:

– Application;
– A copy of a notarized translation of the passport of a foreigner whom the employer plans to hire;
– Document confirming the payment of the state fee (5 base units for obtaining a work permit, 3 base units for renewal);
In case of renewal of a work permit, it is necessary to provide the original of the permit itself, as it is marked with an extension mark.

After obtaining a work permit, the employer concludes an employment contract (contract) with the employee. From the moment of concluding an employment contract (contract), within 1 month, the employer must register it with the Office of Citizenship and Migration. Previously, for this it was enough to provide 2 copies of the employment contract (contract) to the Office of Citizenship and Migration and come and receive an already registered employment contract (contract) at the appointed time by the employee.

From March 27, 2022, the registration of an employment contract is an independent administrative procedure, which means that it is subject to special requirements.

Now, in order to register an employment contract, it is necessary to submit an application for registration of an employment contract (contract) and, accordingly, 2 copies of the employment contract (contract) to the Office of Citizenship and Migration. After submitting the documents, the contract will be registered within 15 days.

Belarus starts issuing biometric permanent residence permits

From September 1, 2021, Belarus stopped issuing a paper permanent residence permit. Now the residence permit is an ID-card, i.e. biometric residence permit.

With the transition to biometrics, a number of pros and cons have appeared.

Advantages:

If a foreigner previously had a paper residence permit (for example, the first one for a period of 2 years), then he will already be able to get a new one for a period of 10 years;
There is no need to fill out any paperwork to obtain a residence permit, to renew it (for the first time) you need to come to the citizenship and migration department at the place of residence and the employees will do everything themselves. You need to bring documents on marital status with you (marriage certificate, birth certificates of children, etc.) and pay a state duty of 2 basic units (as of 2022, this is 64 Belarusian rubles);
It is possible to obtain a residence permit in the shortest possible time, i.e. up to 5 working days (in practice, many can receive a residence permit in 2 days), but for this an additional fee of 2 basic units is paid (as of 2022, this is 64 Belarusian rubles);
Now you can apply for renewal of a residence permit not 1 month before its expiration, but 5 working days before.

Disadvantages:

The main disadvantage is that in the biometric residence permit (on the ID-card) there is no information about the registration address and marital status, i.e. when applying to any state body or to a bank, a foreigner may be asked to provide a certificate of family composition and address of permanent registration. These documents can be obtained at the settlement and reference center at the place of registration.
In general, the legislation of Belarus in the field of migration has not undergone any significant changes, but it still requires special care, since the sanctions for its violation remain quite serious.

The lawyers of our law firm will be happy to discuss with you the possibility of using us to assist with immigration law. On this issue, you can contact us by e-mail info@allford.by and by phone +375293570355.

Appealing and invalidating a marriage contract in Belarus /in , /by

Appealing and invalidating a marriage contract in Belarus

Conditions for concluding a marriage contract

As established by the CBS of the Republic of Belarus, a marriage contract can be concluded by both spouses and persons entering into marriage. The form of the Marriage Agreement is written, the document must be notarized without fail.

The conditions for concluding a marriage contract can be formulated as follows:

– persons entering into marriage, or spouses, must be fully capable citizens (understand the meaning of their actions and manage them), who have reached the age of 18 (except in cases of emancipation);

– the conclusion of the Marriage Agreement must be expressed in the form of free will of each of the parties (forced conclusion of the Marriage Agreement, including violence, threat, deceit, is not allowed);

– the persons concluding the Marriage Agreement must have the intention to fulfill its conditions, i.e. it is not allowed to conclude this agreement for other purposes (for example, to receive any benefits from the state).

The procedure for appealing the marriage contract

The appeal of the Marriage Agreement is carried out in court in the form of civil proceedings. At the same time, a statement of claim for the recognition of the Marriage Agreement as invalid is submitted by one of the spouses to the court at the place of residence of the defendant.

The statement of claim must indicate the name of the court, the data of the plaintiff and the defendant, the subject of the claim, the facts that confirm the claims.

The court initiates proceedings and sends one copy of the statement of claim to the defendant. After that, a date and time for the trial is set.

To protect their rights in court, each of the parties to the Marriage Agreement has the right to use the services of a lawyer.

Based on the results of the court session, the court makes a decision to satisfy the claims, i.e. on the recognition of the Marriage Agreement as invalid, or on the refusal to satisfy the claim. After that, the court draws up a reasoning part of the decision, which is sent to each of the parties to the process.

Grounds for declaring the marriage contract invalid

A marriage contract is invalid if it is concluded with a legally incompetent person.

Under the legally incompetent citizen, the legislator, first of all, means a person suffering from a mental disorder and recognized legally incompetent. Even with a mental disorder confirmed by a medical diagnosis, a citizen can be fully capable. Therefore, incapacity in this case is understood only as a fact confirmed by a court decision.

A marriage contract may be declared invalid by a court under the following circumstances:

– if it is concluded with a person with limited legal capacity;

– if it is concluded with a minor between the ages of 14 and 18;

– if a person at the time of his imprisonment did not understand the meaning of his actions and could not manage them (for example, he was in a helpless state due to a serious illness);

– if the person did not intend to enter into a marriage contract (a “fictitious” contract was concluded);

– if it is concluded with the use of violence, threats, misrepresentation or deceit.

Thus, if a citizen discovers a violation of his rights after the conclusion of the Marriage Agreement, it is necessary to apply to the judicial authorities with evidence of the invalidity of the transaction, if desired, using the services of a family lawyer in Belarus.

Permanent residence permit in Belarus in 2022 /in , /by

Permanent residence permit in Belarus in 2022

What is a permanent residence permit

Many foreigners come to Belarus for the purpose of business or tourism, and some of them stay to live in Belarus both for some time and for a long time.

All foreign citizens, as well as stateless persons who wish to reside in Belarus for more than one year, must obtain a permanent residence permit.

A residence permit is a document that confirms the legal grounds for the residence of a foreigner on the territory of Belarus. By analogy with a passport, i.e. a document identifying the identity of a citizen of the state, a residence permit – a document on the right to permanent residence in the Republic of Belarus.

In accordance with the Law of the Republic of Belarus “On the legal status of foreign citizens and stateless persons in the Republic of Belarus”, a permit for permanent residence in the country (for more than one year) can be issued if there are certain grounds.

Grounds for obtaining a residence permit in Belarus

The list of grounds for obtaining a residence permit in Belarus is exhaustive. Thus, the legislator refers, in particular, to the grounds for issuing a residence permit:

– kinship with a citizen of Belarus;

– marriage union with a citizen (citizen) of Belarus;

– exceptional talent in the field of science, culture, technology or sports;

– a foreigner is a specialist needed for the Republic of Belarus;

– the person has refugee status;

– family reunification;

– other grounds.

It should be noted that Russian citizens can obtain a residence permit in Belarus on the basis of Russian citizenship.

How to get a residence permit in Belarus

In order to obtain a permit for permanent residence in the Republic of Belarus (residence permit), one should apply to the department for citizenship and migration of the internal affairs body at the place of registration.

Documents to be submitted for obtaining a residence permit:

– statement;

– autobiography;

– Passport or Refugee ID Certificate;

– birth certificate;

– marriage certificate (if any);

– birth certificate of the child (if there are children);

– certificate of criminal record or no criminal record;

– other documents.

If a foreigner moves to Belarus for permanent residence with a child, then you must first obtain a residence permit for the parent, and on the basis of this subsequently apply for a residence permit for a minor.

The state fee for issuing a residence permit is 64 Belarusian rubles, and citizens of the Donetsk and Luhansk People’s Republics are exempt from paying the fee.

Biometric residence permit

In addition to a residence permit, a foreign citizen must have a biometric residence permit. This document is a plastic smart card that performs two functions simultaneously:

– identifies the identity of the foreigner;

– confirms the legal grounds for his stay in Belarus.

In order to obtain a biometric residence permit, you must apply to the department of citizenship and migration at the place of residence, attaching the required package of documents (in particular, an application, passport, birth certificate, birth certificate of a child, if there are children under 18 years old, and other documents).

To obtain a biometric residence permit, a state duty of 64 Belarusian rubles is paid.

The term for consideration of documents and the issuance of a biometric residence permit is 15 days, however, if you pay more, you can get this document within 10 or even 5 days.

Responsibility for living without a residence permit

If it is found that a foreigner has been living in the Belarusian state for a long time without a permanent residence permit and does not have a biometric residence permit, then he faces administrative liability.

The penalty for this administrative offense can be imposed in the form of:

– warnings;

– a fine of up to 4 basic units (today, the amount of a fine can be up to 128 Belarusian rubles).

A warning is issued if a person has admitted his guilt and has not previously been held administratively liable for such offenses.

Residence permit and temporary residence permit: what is the difference

If a foreigner or refugee came to Belarus for a short period of time (up to 1 year), then they are issued a temporary residence permit in the Republic of Belarus.

If the period of residence in Belarus is more than one year, then a residence permit is issued. The residence permit is issued for 2 years, and then can be extended.

Thus, the difference between a residence permit and a temporary residence permit lies in the period of residence of a foreigner or stateless person in the territory of our country.

How can we help you

If you need assistance with obtaining a permanent residence permit in Belarus in 2022, please contact us. Our specialists will advise you on any issues related to obtaining a residence permit in Belarus, as well as advise you on the best way to obtain a permanent residence permit. Email: info@allford.by.

How to buy an apartment in Belarus /in , /by

Apartment purchase in Belarus

Nowadays it’s becoming quite popular for foreign citizens to purchase real estate in the Republic of Belarus.

This observation stems from the favourable taxation system for natural persons and legal entities, territorial location of the Republic of Belarus, the country’s magnificent nature and the standard of living in general.

The requirements a foreigner must comply with in order to purchase an apartment are quite simple:

  • They must have passport with a notarized translation into Russian;
  • They must have a temporary registration;
  • And, in case a foreigner doesn’t speak Russian, there must be an interpreter present at the conclusion of a transaction.

(Note: translation of the passport is not required for the citizens of Russian Federation).

In this article we will consider the main points to which one should pay attention before concluding a sale and purchase contract for the property, as well as the actions of the new owner after the transaction.

Checking of the apartment’s background

The first thing that needs to be done is checking the apartment’s title documentation.

You should ask the Seller for a document, which confirms that they are indeed the owner of the apartment. It can be a gift contract, a contract of purchase, a certificate of inheritance rights, etc.

This documentation should be verified via an extract from the Unified State Register of Immovable Property, Rights thereto and Transactions therewith (hereinafter – USRIP). You can order the extract from USRIP from the Agency on State Registration and Land Cadastre. It takes up to three working days to receive the extract.

After making sure that you are dealing with the owner of a residential property, you should check their passport data against information contained in the state registration certificate. Change of name or place of registration of the seller should also be added into the register.

When you are done with the previous stages, you should proceed with checking if the apartment specifications sheet is consistent with the actual condition of the apartment: this includes the floor space, the presence of alterations, and other data that should be reflected in the specifications sheet.

In case of any discrepancies detected the Seller must register changes of the residential premises and get a new specifications sheet.

Then it’s necessary to make sure that the apartment has no bans, restrictions or encumbrances. Such restrictions or encumbrances may include:

  • A prohibition on the disposal on the basis of privatization until full settlement;
  • Presence of a court dispute;
  • An indication of the planned demolition, etc.

An important point is whether or not there is a valid residential lease agreement.

This agreement grants the tenant the right to own and use the residential premises for the purpose of accomodation. The agreement may be either fixed-term or open-term.

Both fixed-term and open term residential lease agreements have to be terminated before the title to the apartment is transferred to the Buyer. In accordance with the legislation of the Republic of Belarus, the tenant of the residential premises will be entitled to reside in the apartment, even if the owner of the premises changes, as long as the agreement is in force.

Background check involving customer reference

This procedure is necessary for determining individuals who are currently registered and are living in the apartment. You can do this by obtaining a copy of the customer reference issued to the apartment owner.

There is also a detailed copy of the customer reference, which contains information on minors recently discharged from the apartment, convicts, servicemen deregistered for the time of their service, and people receiving medical treatment.

If the rights of these categories of citizens are infringed, the transaction can be held invalid.

Other information that can affect the conclusion of the sale and purchase agreement

In addition to the previously discussed issues, the Buyer should also check the Seller’s dispositive legal capacity, the availability of spousal consent, if the apartment was purchased during the marriage, the consent of the other owners, if any, and the presence of household indebtedness or lack thereof.

You can ask the Seller for a letter of delegation in order to check all of the information. The letter of delegation will give you or your representative the authority to obtain certificates and extracts.

Consequences of not conducting a background check of the apartment

Failure to a background check of the apartment may lead to the following negative consequences:

  • The recession the sale and purchase agreement;
  • The presence of unwanted tenants under a valid lease;
  • Declaration of hidden heirs and claimants of the share in the apartment.

In order to avoid these kinds of situations, you should thoroughly check the apartment and its owners before consummating a deal. You can conduct a check of the apartment by yourself or ask a realtor.

Conclusion of a preliminary sale and purchase agreement

If you are satisfied with both the apartment and the Seller, but can’t close the transaction, the parties can conclude a preliminary agreement for the purchase of the apartment. Its conclusion is not obligatory, but is nevertheless recommended in the following cases:

  • You don’t have an opportunity to conclude an agreement at once (you don’t have enough money, documents etc.);
  • The Seller doesn’t have a full set of documents necessary for the transaction and it’s going to take time to collect them;
  • If there are other conditions preventing closing of the transaction.

The preliminary contract must include:

  • The exact information with regard to the apartment and its location;
  • The price at which the apartment will be sold or purchased;
  • The list of persons that reserve the right to use the apartment (for example, if the tenants continue to live in the apartment after it has already been sold).

Note: the price fixed in the agreement can not be changed unilaterally, i.e. the Buyer is obliged to buy and the Seller is obliged to sell the apartment at the price set out in the preliminary agreement.

It should be noted that the terms of the preliminary agreement can be changed only by the parties’ mutual consent. The refusal to conclude the main contract in the future will also be possible only by the parties’ mutual consent.

In order to prove the conclusion of the agreement and to ensure its execution, the parties have the right to include a provision regarding the deposit to be issued on account of payments due.

If the main agreement is not concluded due to the fault of the Seller, the Seller shall pay to the Buyer the double amount of the deposit, and if the main contract is not executed due to the fault of the Buyer, the deposit shall not be refunded.

Note: the Buyer has the right to pursue litigation demanding to compel the Seller to conclude the main agreement of sale and purchase instead of demanding payment of double the amount of the deposit. 

Conclusion of the main sale and purchase agreement

The next stage is the conclusion of the main sale and purchase agreement.

The agreement must contain all of the previously agreed on conditions, namely: the subject and the price. The transfer of the real estate by the Seller and its acceptance by the Buyer is performed under a transfer act or other document of transfer signed by the parties.

As for the payments, they can be made in any form and at any time: before, at the onset of or after the conclusion of the agreement.

Important: the settlement between the Buyer and the Seller is not allowed to be made in a foreign currency. However, it is possible to determine the equivalent of this monetary amount in foreign currency or in conventional monetary units.

In case of violation of this requirement the agreement of sale and purchase may be held invalid, and the money and the apartment may be seized to the state revenue.

Filing of the transaction and transfer of the title

Real estate deals may take place either at a notary’s office or at a real estate registration office.

After the transaction is concluded and filed, the Buyer still needs to perform certain actions.

Please note: both the Buyer and the Seller shall apply for the state registration of the sale and purchase agreement together.

The registration takes 5 business days (2 days on a fast-track basis, 1 day on an urgent basis).

It must be remembered that failure to comply with the requirement to register a real estate deal results in such a deal being held invalid.

The most important aspect is to register the transfer of the title to the apartment. From that moment the Buyer becomes the sole and absolute owner of the purchased real estate.

The transfer of the title is registered at the Agency on State Registration and Land Cadastre with consideration of the territorial location of the real estate.

Within a reasonable time after the purchase of the apartment the new owner needs to re-register the supply agreement, the agreement on water use, the internet contract, the telecommunications service contract, as well as to conclude an agreement on maintenance and communal services (HMS).

It usually takes no more than 2 hours to re-register a contract.

Why you should choose us

– representative office formation is one of the main specializations of our law office;

– English-speaking attorneys;

– Within last 5 years we helped to register more than 25 representative offices in Belarus;

– We have only experienced lawyers and advocates: some of our lawyers have more than 20 years of experience in the field;

– High level of confidentiality;

– Fair pricing policy: we always make even more than we agreed!

How we can help you in the process of apartment purchase in Belarus

Our attorneys and advocates have a lot of experience in real estate transactions in Belarus. We can help you to buy an apartment in Belarus from A to Z. Our lawyers will check the background of the apartment (house, plot), will advise you on the whole process of the real estate transaction as well as will help you to complete the deal.

For any questions feel free to contact us here:

info@allford.by

Forex company registration in Belarus /in , /by

Dear Clients!

We are pleased to announce the completion of another project to open a foreign Forex company in Belarus. Our lawyers also supported the inclusion of this company in the Register of Forex Companies, and also accompanied the company in the process of testing software for online trading. Due to attorney-client privilege, we cannot write the name of the brand under which our Client operates, but below you can find interesting facts about our Client.

The head office of the company is located in Limassol (Cyprus)!

The company also has offices in Tel Aviv, Vanuatu and the Seychelles.

The planned number of employees in the Minsk office until the end of 2021 is 20 people!

Allford Group Law Office fully supported the project from the moment of registration of a legal entity to registration of the company in the Register of Forex Companies, ARFIN. We helped the Client to formalize relations with employees, including a manager, develop standard contracts, as well as help to bring the website and software in line with local legislation. We also advised the Client on all issues of taxation of the Forex business in Belarus.

If you decide to open a Forex company in Belarus, please contact us, we will be happy to help you.

R&D center in Minsk for one of the oldest online trading platforms /in , /by

Dear Clients!

We are pleased to announce the completion of the project for the opening and full launch of an R&D center for one of the oldest foreign Internet trading companies operating in the market since 1999. Due to attorney-client privilege, we cannot write the name of the brand under which our Client operates, but below you can find interesting facts about our Client.

The company’s turnover per year is more than 1 billion US dollars!

The number of employees is over 300 people!

The number of offices is more than 9 in different countries of the world!

The planned number of employees in the Minsk office until the end of 2021 is 60 people!

Allford Group Law Office fully supported the project from the very beginning: we advised the Client on the conditions of doing business in Belarus in the IT sector, on taxation, hiring employees, joining the HTP, importing high-tech equipment, as well as on migration legislation.

If you decide to open a company in Belarus or you need advice on opening an IT company in Belarus, contact us, we will be happy to help you.

THE PROVISION ON THE DELIVERY OF GOODS WILL BE CHANGED /in , /by

LOSING FORCE STATUS ON THE SUPPLY OF GOODS IN THE REPUBLIC OF BELARUS, VALID FOR MORE THAN 20 YEARS

From June 6, 2021, the Resolution of the Cabinet of Ministers of 08.07.1996 No. 444, which approved the Regulation on the supply of goods in the Republic of Belarus, which had been in force for almost 25 years, was declared invalidated. This regulatory legal act was, along with the Civil Code, one of the key documents regulating intra-republican supplies in the Republic of Belarus. Some norms from the said Regulation are already so firmly rooted in the minds of suppliers and buyers (first of all, we are talking about suppliers’ liability for violation of the terms of delivery) that it will take a long time to get used to their absence.

So, what rules will no longer be from June 6, 2021:

1. Previously, the rule was in effect, according to which, if the contract did not specify the time within which the goods must be delivered, by default a three-month period from the date of the conclusion of the supply contract was in effect. Now this term is gone. The rule already established in judicial practice will be applied: in the absence of the delivery time agreed by the parties in the contract, this period will be determined according to the rule of Article 295 of the Civil Code, namely: if the supplier does not deliver the goods, then the buyer will have to submit to the supplier a written demand for delivery, which must be executed no later than 7 days from the date of its receipt.

2. Previously, there was a rule that legal entities and individual entrepreneurs were required to report to law enforcement agencies about all facts of embezzlement and abuse in excess of 50 minimum wages within 3 days, if such were discovered during the acceptance of goods. Now this rule is gone. Although, in fairness, it should be noted that even before that very few people knew about the existence of such a rule.

3. Perhaps the most noticeable change is the abolition of a number of legal penalties, which by default (unless otherwise specified in the contract) were applied to the relations of the parties under the supply contract, in particular:

The supplier’s liability for non-delivery or non-delivery of goods in the form of a forfeit (fine) in the amount of 10% of the value of the goods not delivered or not delivered on time is abolished. This type of forfeit was quite often used in practice, although many suppliers found out about its existence only in court. The supplier’s liability for the supply of goods out of range in the form of a forfeit (fine) in the amount of 10% of the cost of such goods delivered with a violation of the range is abolished. The supplier’s liability for the supply of incomplete or low-quality goods in the form of a forfeit (fine) in the amount of 25% of the cost of such goods is abolished.

4. The possibility of collecting a forfeit (fine) and losses incurred without offsetting the forfeit (fine) is lost in the event of delivery of inadequate quality or incomplete goods.

What do suppliers and buyers need to know?

Will the Supply Regulation apply after June 6, 2021? Will only apply to deliveries made before that date. That is, if the TTN or TN was issued and, accordingly, the goods were shipped earlier than this date, then the Regulation is applicable, if later, it will not apply. What can be done about this? If you want to apply any of the provisions of the Supply Regulation in the future (for example, the rules on the responsibility of the Supplier), you just need to duplicate the relevant provisions in your contract, and they will be applied based on your contract.

In addition, one should not forget that most often the levied penalty – a penalty for violating the terms of payment for the delivered goods – has always been absent in the Regulation on the supply of goods, and in the legislation as a whole. Therefore, if you want to collect such a penalty, you must specifically indicate this in your delivery contract.

If you have any questions regarding the new rules for the supply of goods in Belarus, please contact us. We will be happy to help you.

How to open a company in Belarus – video guide! /in , /by

Dear Clients!

In our new video Mr. Vitaly Khmialnitsky, Managing partner of Allford Group Law Office explains in details how to open a company in Belarus. This video is a kind of a video guide – it contains all necessary information regarding company formation process in Belarus.

This video covers the following issues:

  • how and where to get a company name approval;
  • legal address of the company. Is it possible to use an apartment for these purposes?
  • where to submit the documents;
  • state fee and where to pay the state fee;
  • is it possible to register a company in Belarus online;
  • which documents you should submit to the companies registration authority.