CIS Notaries Discuss Protection of Rights and Interests of Minors in Minsk

Today, on September 24, the CIS Executive Committee in Minsk hosted an international round table “The role of a notary in protecting the interests and rights of minors”. The organizers are the Basic Organization of the CIS member states in the field of notarial activities and the Commission of Commissioners for the Rights of the Child (Ombudsmen) of the CIS member states.

To sell a share in an apartment, to issue an inheritance of a loved one, to let a teenager study abroad - for adults this is a common everyday hassle. But if a child is involved in the transaction, everything changes: the law requires that the interests of adults do not go against the interests of the child. As is done in different countries, discussed in the Executive Committee of the CIS. Presentations were made by notaries from Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan. The meeting was part of a two-day seminar for notaries, which will also discuss the standards of the FATF (International Anti-Money Laundering Group) and combating money laundering. Almost every report returned to a simple principle: the parent represents the interests of the children, but does not receive an unconditional right to dispose of their apartment, share or inheritance. If the interests of an adult and a child differ, the guardianship authority shall appoint a special representative. Any transaction that reduces the child's property - sale, exchange, pledge, division, allocation of shares, renunciation of inheritance, lease - requires prior participation of guardianship. But the permission of custody does not replace the check of the notary. Belarus: control, compulsory share and participation of guardianship Notary of the Minsk Regional Notary District Christina Shevko reminded:

- In Belarus, the protection of property rights of minors during inheritance is ensured by state control and mandatory interaction of the notary with the guardianship authorities. Minor children of the deceased are entitled to a mandatory share even in the will to another heir - at least half of what would be due by law. Orphans and children left without parental care and on state security are exempt from the notarial tariff for a certificate of inheritance right to a residential house, apartment, land plot, as well as for a contribution to a housing and construction cooperative or other organization of the developer.

The notary is obliged to initiate the connection of custody in case of refusal of inheritance or division of hereditary property. In practice, guardianship often refuses if the shares are not determined: the property is recorded on the title owner, but is in shared ownership, including a minor. Refusals occur when the inheritance is only debts, and when the alienation of the property of the child, if he has no other property. The problem is also incomplete information: the notary knows only what the heirs will tell, and may not not notify the legal representative of the opening of the inheritance. Among the proposals of the Belarusian notary is to require the consent of custody in the alienation of property of minors not only up to 14 years, but also from 14 to 18 years, to notify the guardianship when issuing a certificate of inheritance and to access an open database of persons deprived of parental rights.

- The child has independent property rights, and the parent-representative is obliged to act in his interests. In case of conflict of interest, the guardian shall appoint an independent representative. Authorization of custody and notarization are not the same thing. The notary checks the entire legal structure: who is the owner, what are the powers, for what object and what transaction the permission was issued, whether the actual conditions correspond, whether the circumstances have changed.

She gave an example from practice:

- The mother signed the pledge of a residential house, where the owner was a minor, on December 25, 2014, and the consent of the guardianship was obtained the next day. The court considered the subsequent approval, but the notary should not rely on it. In inheritance cases, Kazakhstan uses a digital option: the testator’s identification number shows his minor children in the database. Hiding such an heir is almost impossible.

Saule Kazakeeva also stressed: A minor should not just sign a document, but be heard.

Proposals were made: uniform guardianship permits, electronic interaction with the Unified Notary Information System and the development of direct communication between a notary and a child.

The result of the discussion is simple: the protection of the property rights of a child is not only prohibitions, but also the joint work of a notary, guardianship, parents and courts. Proposals for new platforms were also made: the office of the Russian Commissioner invited CIS notaries to the working group on children’s property rights, and the organizers are ready to develop cooperation with the legal community.

Photo on the announcement: archive "SB".