Recognition of documents issued by competent authorities of foreign states

Since January 1, 1993, official documents issued by state institutions of the Republic of Belarus for use in foreign countries must be legalized in the prescribed manner.

Documents issued by competent authorities of foreign states to certify acts of civil status performed outside the Republic of Belarus in compliance with the legislation of the respective states in relation to citizens of the Republic of Belarus and foreigners are recognized as valid in the Republic of Belarus upon the presence of consular legalization, unless otherwise provided by the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus (for example, affixing an apostille in accordance with the Hague Convention).

For states parties to the Hague Convention of October 5, 1961, abolishing the requirement for legalization of foreign official documents, legalization of documents is not required. Documents issued by state institutions of one of the member states are valid in the territory of other member states provided that an apostille is affixed to them.

The Republic of Belarus is a party to the Hague Convention (it entered into force on May 31, 1992 as the successor to the USSR).

The Convention applies to official documents that were executed in the territory of one of the contracting states and are to be submitted in the territory of another contracting state.

As official documents within the meaning of this Convention are considered:

• documents issued by a body or official subject to the jurisdiction of the state, including documents issued by the prosecutor's office, court clerk or bailiff;
• administrative documents;
• notarial acts;
• official marks, such as registration marks; visas confirming a certain date; certification of a signature on a document not witnessed by a notary.

However, this Convention does not apply to:

• documents executed by diplomatic or consular agents;
• administrative documents directly related to commercial or customs transactions.

The only formality that may be required to certify the authenticity of the signature, the capacity in which the person who signed the document acted, and, where appropriate, the authenticity of the seal or stamp by which the document is authenticated, is the affixing of an apostille by the competent authority of the state in which the document was executed (the Convention establishes a special mark (stamp) affixed to official documents created in one state and subject to transmission to another state, replacing the procedure for consular legalization, — apostille).

In the Republic of Belarus, the right to affix an apostille is granted to:

• The Main Directorates of Justice of the Minsk City and Regional Executive Committees – on documents issued by courts, notarial archives, and notaries;
• The Ministry of Education – on documents issued by educational institutions;
• The Department of Archives and Record Keeping of the Ministry of Justice – on documents issued by subordinate state archives;
• The Main Consular Department of the Ministry of Foreign Affairs – on all other types of documents.

For documents intended for submission to competent authorities of states that have not acceded to the Hague Convention, a different legalization procedure is provided. All original documents are legalized by the Main Consular Department of the Ministry of Foreign Affairs of the Republic of Belarus or by the consular offices of the Republic of Belarus. Copies of documents are certified by a notary, whose signature is then authenticated by the Ministry of Justice of the Republic of Belarus, and thereafter legalized by the Main Consular Department of the Ministry of Foreign Affairs of the Republic of Belarus. After such legalization, it is necessary to confirm the authenticity of the signature of the official who legalized the document at the embassy of the foreign state where the document will be used, or at the consular offices of the Republic of Belarus abroad.

The following fees are charged for actions related to legalization at the Main Consular Department:

• affixing an apostille on official documents intended for use outside the Republic of Belarus — 0.5 base units;
• legalization of an official document at the Main Consular Department of the MFA — 5 euros (in Belarusian rubles at the rate of the National Bank on the day of payment).

The text of the 1961 Hague Convention can be viewed on the website (clause 12): http://www.hcch.net/upload/russian.html.

As of February 13, 2015, 107 member countries have acceded to the Hague Convention. The list of countries that have acceded to the Hague Convention can be viewed on the website of the Ministry of Foreign Affairs: http://mfa.gov.by/upload/123/Konv_1961_31.03.2015.pdf.

A sample apostille is available in APPENDIX 5 and at the link: http://mfa.gov.by/upload/123/ap_st_1.jpg.

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More detailed information about registering marriage, birth, and other civil status acts is available on the website of the Ministry of Justice of the Republic of Belarus:
http://www.minjust.by/ru/site_menu/notariat,
contact information for registry offices:
http://minjust.gov.by/ru/departments/register_office/.