LAW OF THE REPUBLIC OF BELARUS
10 January, 1992 N 1394-XII

ON THE STATE DUTY

Article. 1.

Payers of the State Duty Payers of the State duty shall be legal and physical persons performing in their own interests some legal actions and obtaining documents, having the legal force, from special institutions which are authorized to do this.

Article 2.

Objects of the Duty Collection The State duty shall be collected: 1) from lawsuits, applications and claims submitted to courts, claims of appeal or supervision in respect to court rulings as well as for the issue of copies of documents by the courts; 2) from claims of supervision in respect to court rulings, submitted to the bodies of prosecution as well as for the issue of copies of documents by the bodies of prosecution; 3) from lawsuits submitted to economic courts as well as from applications and claims in respect to review of decisions of economic courts; 4) for notary actions performed by state notary offices and executive committees of the town and rural Soviets of People's Deputies as well as for the issue of copies of notarized documents; for the making by executive bodies of town and rural Soviets of People's Deputies of draft transactions and applications, making of copies and abstracts of them; 5) for the registration of the civil state acts and for the issue to citizens of renewed certificate on registration as well as for the issue of certificates in connection with alteration, addition, correction and restoration of records of civil state acts; 6) for the issue of the documents giving the right to go abroad and invitations to the Republic of Belarus of persons from other countries, for the making of alterations in these documents; for the registration of documents of foreign citizens and apatrides; for the prolongation of the term of their registration; for the issue of entrance and exit visas; for the issue and prolongation of residence permits in the Republic of Belarus; from applications on naturalization in the Republic of Belarus and on cancellation of the citizenship of the Republic of Belarus; 7) for the residence registration for citizens; 8) for the giving of a hunting permit; 9) for the payment to citizens living in the Republic of Belarus of pecuniary amounts transferred from abroad.

Article 3.

Rates of the State Duty Rates of the State duty shall be established by the Council of Ministers of the Republic of Belarus. In regard of notary operations performed by state notary offices and by executive committees of two and rural Soviets of People's Deputies, the rates of the State duty shall be established in absolute amounts for each kind of actions or documents which are liable to this duty.

Article 4.

Privileges on the State Duty The following persons shall be exempted from the State duty: In Judicial Institutions: 1) plaintiffs - for lawsuits on the collection of alimony; 2) plaintiffs - for lawsuits on the reimbursement of harm caused by a mutilation or another damage of the health or the death of the bread-winner; 3) plaintiffs (rehabilitated citizens, members of their families who are included into the number of the persons secured with the pension in the case of the loss of the bread-winner, and heirs at law referred to the first turn) - for lawsuits submitted to courts for the restoration of the rights and reimbursement of the losses; 4) plaintiffs (bodies of social insurance and social security) - for regressive lawsuits on the collection from the person who has caused the damage of allowances and pensions paid to the sufferer; 5) bodies of social security - for regressive lawsuits on the collection from the person who has caused the harm of the reimbursement amounts for the expenses related to petrol, repair, technical service of automobiles and cycle-cars and spare parts for them, for the training of invalids to drive motor vehicles, as well as for lawsuits on the collection of allowances and pensions paid incorrectly; 6) plaintiffs - for lawsuits on the reimbursement of material damage caused by the crime specified in the case documents and in relation to which no decisions has been made during the consideration of the criminal case; 7) parties - for the disputes connected with the reimbursement of a damage caused to citizens by the illegal conviction, illegal bringing to criminal liability, illegal application of taking into custody as a measure of prevention or illegal imposition of an administrative penalty represented by the arrest or correction labour; 8) legal and physical persons for the issue to them of documents in connection with criminal cases and cases of alimony; 9) plaintiffs (bodies of internal affairs) - for the cases on the collection of expenses for the retrieval of persons who evade of the payment of alimony and other payments; 10) citizens - from the claims about errors in the lists of electors; 11) citizens - from the appeals in relation to cases on divorce, except separation of the property; 12) plaintiffs - for the cases on the collection of the wood income amounts (including losses and penalties for the violation of the Rules of providing standing woods as well as fines for unauthorized cutting of woods, making of hay and pasture of animals); 13) bodies of prosecution, state and public bodies, enterprises, institutions, organizations and citizens which have made, in cases stipulated by the current legislation, appeals to courts for the protection of the rights and interests of other legal and physical persons; 14) plaintiffs (Belarusian State Commercial Insurance Organization and its local bodies) - on all cases connected with operations on compulsory and voluntary insurance; 15) plaintiffs (education institutions of the system of education) - for lawsuits on the collection of expenses incurred by the State for the maintenance of students who have left the educational institutions on their own will and expelled from t hem; 16) plaintiffs (Pension Fund of the Republic of Belarus and its local bodies) - for lawsuits on the collection from physical persons of compulsory payments; 17) state tax inspections and finance bodies - for the submission to courts of applications on special judicial cases; on all lawsuits and applications on the collection of payments to the budget; on lawsuits of other persons to state tax inspections and finance bodies on the collection for their benefit of amounts from the budget, as well as for the submission of appeal and supervision claims in relation to such cases; 18) the Supreme Court of the Republic of Belarus, the Ministry of Foreign Affairs of the Republic of Belarus and the Ministry of Justice of the Republic of Belarus when requesting documents connected with instructions by institutions of foreign states with which agreements have been made on rendering of legal help; 19) plaintiffs (the Committee on the Management of State Property of the Council of Ministers of the Republic of Belarus, its territorial bodies and bodies of privatization of local Soviets of People's Deputies) - for lawsuits stemming from violations of the procedure of destatization, privatization and management of state property; 20) persons which submit applications on the cancellation of the court ruling on the termination of the case or leaving it without consideration, on postponement or extension of time for the execution of the decision, alteration of the method and procedure of the execution of the decision, on security of the lawsuit or replacement of one type of security by another, the application on the review of the decision, court ruling in view of new circumstances revealed, the application on the cancellation or decrease of the fine imposed by the court, on the turn of the execution of the court decision, on the restoration of the exceeded time limit, claims in relation to actions of the officer of justice, individual claims in relation to the ruling of the court on the rejection of the cancellation or decrease of the fine and other individual claims in relation to the ruling of the court as well as claims to the decisions on the cases of administrative offenses. In Bodies Performing Notary Actions: 1) citizens - for the issue or certification of the authenticity of copies of documents required for the obtaining of state allowances and pensions, as well as in relation to the cases of guardianship and adoption; 2) legal person supported from the state budget - for the issue to them of certificates on the right of succession of the property passed to them by the will; 3) state tax inspections - for the issue to them of certificates on the right of the State for the legacy; 4) citizens - for the issue to them of certificates on the right of succession of the property of the persons who died when executing the state orders, in connection with the execution of other state or public obligations or the execution of the duty of the citizen when saving the human life, protecting the state property and law; 5) citizens - for the issue to them of certificates on he right for succession of a living house, its part, a flat or a share (contribution) in a house-construction cooperative if they lived, were registered at the day of the death of the testator and continue to live in this house (flat) after the death of the testator; 6) citizens - for the issue to them of certificates on the right to succeed living houses located in a rural populated centre as well as in towns of regional subordination and town-like settlements (for the first-turn heir at law), if they move to these houses for permanent living; 7) persons under legal age, invalids of the 1st and 2nd groups - for the issue of certificates on the right of succession; 8) citizens - for the issue of certificates on the right to succeed banks deposits, payment cheques and cheque books, for insurance amounts on contracts of personal or property insurance, state bond, bonds of the state special purpose interest-free loans, salaries and wages, copyright amounts, royalties and remuneration for a discovery, invention, rationalization proposal and industrial specimen; 9) citizens - for certification of their wills and contracts of gift of property for the benefit of the State as well as for the benefit of state enterprises, institutions and organizations; 10) citizens - for certification of a power of attorney for receiving pensions, allowances or alimony; 11) invalids of the Great Patriotic War as well as other invalids from servicemen who have become invalids due to a wound, contusion or mutilation inflicted when they defended the Motherland (as well as persons equal to them) or when they performed other military service duties, or due to an illness connected with the stay at the front - for all types of unilateral transactions; 12) invalids and pensioners irrespective of the type of the pension assigned to them, as well as persons who have been recognized incompetent according to the established manner - for all notary actions of non-property nature; 14) persons wounded at the fronts of the Great Patriotic War as well as persons wounded when they defended the Motherland (and persons equal to them) or when they performed military service duties - for notary certification of the authenticity of the copies of documents on the wound or illness connected with the wound; 14) members of the families of the persons killed or missing when defending the Motherland (and persons equal to them) or when performing other military service duties - for notary certification of the authenticity of the copies of notifications from military units about servicemen or partisans killed or missing, as well as of copies of the documents on the cases related to the provision of privileges; 15) bodies of militia - for the making of executive notes on the collection from citizens of the cost of sanitary treatment in medical sobering stations; 16) state tax inspections - for the making of executive notes on the collection from the parents of the payment for the maintenance of their children in special educational institutions, for the issue of copies of certificates on the right of the State to the legacy and for all documents required for the obtaining of these certificates; 17) preschool children's establishments (kindergartens, nurseries and nursery-kindergartens) and boarding schools - for the making of executive notes on the collection from the parents of the payment for the maintenance of their children in preschool children's establishments and boarding schools; 18) heirs of the persons missing at the fronts of the Great Patriotic War - for the issue of certificates confirming the right to succeed the property of the missing persons; 19) heirs of the workers and servants who have been insured at the expense of the organizations in case of death and who have died because of an accident - for the issue of certificates confirming the right to succeed the insurance payment; 20) citizens - for certification of the authenticity of the copies of the documents and abstracts from them which are necessary to be included into inheritance cases in the name of persons under legal age; 21) mothers - for certification of the authenticity of the copies of documents in relation to the cases of their awarding with orders and medals for having many children; 22) citizens having a chronic mental derangement who have been taken under guardianship in accordance with the current legislation - for the receipt of certificates on the succession of property by them; 23) citizens - for the issue of certificates on the right to succeed insurance money on the compulsory insurance of passengers and insurance reimbursement on the compulsory insurance of property owned by the citizens; 24) rehabilitated citizens, members of their families who are included into the number of persons maintained by the pension in connection with the loss of the bread-winner, and heirs at law referred to the first-turn heirs - for all actions performed in their favour in relation to the rehabilitation and reimbursement of the loss; 25) persons who took part in the liquidation of the consequences of the Chernobyl NPP catastrophe within the area of alienation in 1986 and 1987 as well as persons evacuated (including those who left voluntarily) in 1986 from the area of alienati on in connection with the incident at the Chernobyl NPP, or - in case of their death - members of their families - for certification of the authenticity of the copies of documents necessary for the provision of privileges. In Bodies Dealing with the Arrangement of Documents for Exit from or Entry into the Country: 1) citizens - for the issue to them of diplomatic, official passports and passports of seamen; 2) citizens - for the issue of documents for exit from the country, if this exit is connected with the death or visit to the place of burial of the close relations as well as for the issue of documents for the invitation into the Republic of Belarus of persons living in the countries with which the Republic of Belarus has a visa-free entrance agreement, in connection with the death or grave illness of close relations; 3) persons under the age of sixteen - for the issue to them of permits and documents for exit from the country; 4) foreign tourists - for registration of the their documents; 5) foreign citizens whom the Republic of Belarus has provided the right of refuge and persons of equal status, members of heir families and their children - for the issue to them of documents for going abroad; 6) foreign citizens coming to the Republic of Belarus - for the issue and prolongation of the residence permit, registration and prolongation of the term of registration of foreign passports or documents substituting them, as well as for the issue of documents of invitation to the Republic of Belarus, if relevant international treaties (agreements) made between the Republic of Belarus and other countries envisage exemption from the payment of the state duty on principles of reciprocity; 7) citizens called to a foreign court, in connection with agreements on the provision of legal assistance on civil, family or criminal cases made by the Republic of Belarus with other countries, as a witness, expert or the party of civil, family or criminal cases - for the issue to them of permits to leave the country; 8) foreign citizens forced to leave the Republic of Belarus - for the issue to them of exit visas; 9) students exiting the country according to the documents of the ministries of the Republic of Belarus for manufacture training abroad - for the issue to them of common civil foreign passports. In Bodies Registering the Civil State 1) citizens - for the registration of birth, death, adoption or establishment of fatherhood, for the issue of a certificate in case of a change, addition or correction of the records on birth in case of the establishment of fatherhood, adoption, as well as in connection with errors made when registering civil state records; 2) citizens - for the issue to them by the bodies of registration of civic state of certificates on the death of servicemen and military builders died during their service at the time of peace, in connection with an alteration, addition or correction of records as well as for the issue of new certificates; 3) invalids of the Great Patriotic War as well as other invalids from servicemen who became invalids due to a wound, contusion or mutilation inflicted when performing state tasks or other military service duties, or due to an illness caused by their stay at the front - for the issue of new certificates on registration of the civil state; 4) citizens - for the issue to them of certificates on the absence of records of the civil state in the bodies of their registration; 5) citizens - for the issue to them on the basis of a decision by the court of certificates on the divorce from the person who has been recognized, in the manner established by the law, as missing or incompetent due to his mental derangement, or from a person who has been sentenced for a crime for the deprivation of freedom for a term of three or more years; 6) rehabilitated citizens, members of their families who are included into the number of persons maintained by the pension in connection with the loss of the bread-winner and the heirs at law referred to the first-turn heirs - for all documents connected with the rehabilitation; 7) commission on the affairs of persons under legal age and bodies of education - for the issue of new certificates of birth for sending orphans and children left without parental maintenance to all children's boarding establishments and educational institutions. In Bodies of the Ministry of Internal Affairs of the Republic of Belarus and Executive Bodies of Rural and Town Soviets of People's Deputies for Registration at the Place of Living: 1) invalids coming to the resort sites for treatment and rest during the season of treatment and rest; 2) aged citizens and invalids living in boarding houses for the aged and invalids; 3) students of boarding schools and vocational schools maintained fully by the State and living in hostels. The rates of the State duty shall be decreased: In bodies dealing with the arrangement of exit and entrance documents: 1) by 50 per cent - for the issue of foreign passport, their substituting documents as well as for the issue of an additional sheet to the passport permitting the exit or prolonging terms of validity of these documents to participants of the Great Patriotic War, pensioners and invalids; 2) by 50 per cent - for the issue of an additional sheet to the passport permitting exit or for prolonging the term of its validity to citizens of borderline areas for the purpose of crossing the border in the simplified manner. Article 5. Rights of the Council of Ministers of the Republic of Belarus, Local Soviets of People's Deputies and Other Bodies on the Establishment of Other Additional Privileges for the State Duty The Council of Ministers of the Republic of Belarus shall have the right to establish additional privileges for the State duty. Oblast and Minsk City Soviets of People's Deputies shall have the right to establish additional privileges for the State duty to be transferred to the local budget for separate payers and for groups of payers, while regional and urban Soviets of People's Soviets - for separate payers. The court or judge shall have the right to establish additional privileges in the part of payment of the State duty on judicial cases for separate citizens on the basis of their property status. Article 6. Transfer of the State Duty into the Budget The State duty shall be transferred to the local budget except the State duty collected by the economic court which shall be transferred to the republican budget in compliance with Article 43 of the Economic Procedural Code of the Republic of Belarus adopted by the Supreme Soviet of the Republic of Belarus dated June 5, 1991.

Article 7.

Procedure of Payment of the State Duty The State duty shall be paid before the submission of the application or the performance of an action liable to the duty or when issuing a document. The duty of actions when one party is exempted from the payment of the duty shall be paid in full by the other party. The State duty shall be paid with cash, duty stamps as well as by a transfer from the bank account of the payer. The State duty may be paid in freely convertible currency at the official rate of the National Bank of the Republic of Belarus at the time when the legal action is made. The procedure of payment of the State duty shall be established by the Ministry of Finance of the Republic of Belarus.

Article 8.

Return of the State Duty The paid State duty shall be returned in part or in full in cases if: 1) the duty has been paid in the amount greater than required by the current legislation; 2) the person who has applied to a court of justice or economic court has been denied to accept the application or the application has been returned as well as if the relevant institution has refused to meet the application of the citizen to make a notary operation, register a civil state record or make other actions liable to the duty; 3) the court proceedings have been terminated in view of the case being outside the jurisdiction of the court, failure to observe the established procedure of the preliminary extra-judicial settlement of the dispute or the application has been left without consideration in connection with the non-observance of the established procedure of extra-judicial settlement of the dispute, the submission of the application by an incompetent person or in connection with the fact that another court considers the dispute between the same parties on the same subject and on the same grounds; 4) the economic court has discontinued the case proceedings in view of the exemption of the defendant from the payment of the penalty or fine on decision of the competent body; 5) the already executed decision of the court of justice or economic court on the collection of the duty from the defendant has been canceled; 6) during the process of consideration of the case by the court of justice or economic court the price of lawsuit on which the duty was paid has been made more particular and the price of the lawsuit has been reduced; 7) the person who has paid the duty refuses to make actions or receive a document before applying to the relevant state institution which collects the duty; 8) spouses having no children under legal age have paid the duty for the registration of the divorce on mutual agreement, however the act on divorce has not been registered in view of reconciliation of the spouses or the failure to appear of one of them for the registration of such act; 9) acts on the civil state, notarized agreements, certificates on the right to the legacy and other documents paid by the duty have been recognized by the court as invalid; 10) the application on the abandonment of citizenship or on naturalization in the Republic of Belarus has been rejected, or the foreign passport has been rejected, or if the citizen has refused to leave the country before he received the foreign passport; 11) the economic court has sent the application on pre-contract disputes for the consideration by another economic court where lower rates of the duty are set; 12) in other cases defined by the Ministry of Finance of the Republic of Belarus.

Article 9.

Responsibility for Correct Collection of the State Duty Heads of institutions which collect the State duty shall bear responsibility for the correct collection of the duty as well as for timely and full transfer of it to the budget in accordance with the current legislation.

Article 10.

Bodies Executing Control over the Correct Collection of the State Duty Control over the actions of institutions collecting the duty shall be executed by their superior bodies. The Chief State Tax Inspection of the Ministry of Finance of the Republic of Belarus and its local state tax inspections shall be obliged to make inspections in all institutions collecting the State duty on the issues of correct collection of the duty as well as the timely and full payment of it to the receipts of the budget. Chairman, Supreme Soviet of the Republic of Belarus S.SHUSHKEVICH DECREE OF THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS 10 January, 1992 N 1395-XII On the Procedure of Putting into Force of the Law of the Republic of Belarus "On the State Duty" The Supreme Soviet of the Republic of Belarus d e c r e e s : 1. To put into force the Law of the Republic of Belarus "On the State Duty" as of February 1, 1992. 2. The Council of Ministers of the Republic of Belarus shall, before 25 January, 1992, approve the rates of the State duty, put the decisions of the Government of the Republic of Belarus in line with the Law of the Republic of Belarus "On the State Duty" and make proposals to the Supreme Soviet of the Republic of Belarus on alterations of, and additional to, legislative acts of the Republic of Belarus. Chairman, Supreme Soviet of the Republic of Belarus S.SHUSHKEVICH


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