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.