Volume 03 Issue 02-2023
30
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The seal of a notary is that of a judge
is the reason for the establishment of justice.
1
ABSTRACT
We all know that the main goal of the reforms implemented in our country today is to create privileges, conveniences
for citizens, in a word, decent conditions for the well-being of human life.
We can clearly see the expression of the reforms in this regard in the measures implemented in each branch of the
sector, the adopted legal documents, and the implementation of these documents.
KEYWORDS
Branch Of The Sector, Notarial Acts, Modern Requirements.
INTRODUCTION
Research Article
MODERN REQUIREMENTS FOR PERFORMING NOTARIAL ACTS
Submission Date:
February 01, 2023,
Accepted Date:
February 05, 2023,
Published Date:
February 10, 2023
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume03Issue02-05
B.Sh.Khodjaeva
Notary Engaged In Private Practice In Uchtepa District Of Tashkent City, Uzbekistan
U.R.Mukhtorov
Trainee Of Notary B.Sh. Khodzhaeva, Engaged In Private Practice, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 02-2023
31
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In the country, consistent measures are being taken to
reform the notary, to make it one of the important
institutions that ensure the rights of individuals and
legal entities performing the tasks of preventive justice
and prevention of court disputes.
In addition, the decree of the President of the Republic
of Uzbekistan dated May 25.2018, which envisages the
significant improvement of the activities of notary
organizations, the formation of a spirit of confidence in
people in this field, as well as the introduction of a
digitization system based on the study of advanced
foreign experiences in the development of the field, as
well as the procedure for performing notarial actions
in notary offices without coming to the notary office.
Resolution No. PQ-3741 of May 25, 2018 "On measures
to further improve the notary system as an institution
aimed at preventing conflicts" and Decree No. PF-5816
of September 9, 2019 "On measures to fundamentally
reform the notary system in the Republic of
Uzbekistan" has done.
As a result of these reforms, the number of notaries
increased by 17 percent during the past period, and
today 953 notaries are working. They have been
providing legal services to the population on 26 types
of notarial actions.
2
In 2021, 4,428,081 notarial acts were performed by
notaries, and in 2022, this indicator was 5,393,775.
2
Also, on the basis of the Decree, provision of evidence
in pre-trial proceedings in civil-legal relations
(recording of witness statements, examination and
testimony of written and material evidence,
appointment of expertise, confirmation of facts on the
Internet), mediator duties in civil-legal relations,
including property and inheritance issues new notarial
actions were introduced, such as the execution and
confirmation of the time of submission of the created
authorship and related rights object.
What was the need for this notarial act?
Obviously, the Constitution of the Republic of
Uzbekistan According to Article 26, every person
accused of committing a crime shall not be considered
guilty until the case of a person accused of committing
a crime has been publicly reviewed in a court of law and
his guilt has been determined. All conditions for self-
defense are provided to the person accused in the
court. No one shall be subjected to torture, violence,
cruel or degrading treatment.
3
For this reason, in order to establish another effective
practice of ensuring the personal rights and freedoms
3
Volume 03 Issue 02-2023
32
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of citizens, stateless persons, and foreign citizens, it is
necessary to adequately respond to several issues.
In particular, the President of the Republic of
Uzbekistan Provision of evidence in the pre-trial
process in civil-legal relations introduced by Decree No.
PF-5816 of September 9, 2019 "On measures for radical
reform of the notary system in the Republic of
Uzbekistan" (recording of witness statements,
examination of written and material evidence, expert
examination appointment, confirmation of facts on
the Internet) is intended to be presented as acceptable
evidence to the investigator, investigator, prosecutor,
court (Article 86 of the Criminal Procedure Code of the
Republic of Uzbekistan) with the authority to prove
administrative offenses or criminal cases.
This notarial action is considered to be the main tool in
determining the punishment for the crimes committed
against individuals, as it is aimed at confirming the
admissibility of the evidence.
The specific aspects of this notarial act are Article 87 of
Criminal Procedure Code of the Republic of Uzbekistan
the evidence specified in the investigation and judicial
actions: questioning the suspect, the accused, the
defendant, the witness, the victim, the expert;
facialization; show for recognition; checking the show
at the scene; take away; search; review; witnessing;
exhumation of the corpse; conduct an experiment;
taking samples for expert research; appointment of
examination and inspection; acceptance of submitted
materials and documents; it is necessary to understand
the differences and advantages of listening to
conversations carried out through telephones and
other
telecommunication
devices,
receiving
information transmitted through them, as well as
collecting them by conducting quick-search activities.
Then we will be able to justify the changes that need to
be made in addition to the legislation to implement this
notarial act.
In particular, the Republic of Uzbekistan in Criminal
Procedure Code of the Republic of Uzbekistan a new
investigative act introduced on the basis of Law No.
ORQ-675 of February 18, 2021 connecting this notarial
act with the order of pre-confirmation of testimony,
the questioning of the witness and the victim (civil
plaintiff) at the stage of bringing the case to court is
carried out by the court at the request of the
prosecutor or at the request of the notary public at the
request of the prosecutor. It is appropriate to include
the possibility of formalization in the office.
In fact, the Criminal Procedure Code of the Republic of
Uzbekistan stipulates that the court may consider the
petition within 24 hours and decide whether to grant it
or not. However, this action must be completed within
24 hours by the notary offices in accordance with the
request of the prosecutor, even if the witnesses and
victims have health problems, it is possible to leave the
Volume 03 Issue 02-2023
33
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
place (hospital, sanatorium, etc.) and notary offices
work on weekends (Saturday, Sunday). it should be
taken into account that it may be in the activity.
Therefore, the Minister of Justice of the Republic of
Uzbekistan 1642 of the Instruction on the Procedure
for Performing Notarial Actions by Notaries, approved
by the Order No. 2 of January 4, 2019 (list number 3113,
January 4, 2019) at the request of the prosecutor at the
stage of bringing the case to court by the witness and
the victim (civil plaintiff) It should also be considered
that the interrogation will be formalized by a notary
public by drawing up a report.
With this procedure, articles 1211-1254 of the Criminal
Procedure Code of the Republic of Uzbekistan should
be amended accordingly, and it is necessary to provide
for the use of the optimal option of notarial
confirmation of testimony in advance.
SUGGESTION
Therefore, in this case, it is appropriate to clarify the
legal grounds for conducting actions contrary to the
provisions of the Criminal Procedure Code of the
Republic of Uzbekistan by means of the following
revision:
“1211
-
modda. Ko‘rsatuvlarni oldindan mustahkamlab
qo‘yish
Ko‘rsatuvlarni oldindan mustahkamlab qo‘yish guvoh
va jabrlanuvchini (fuqaroviy da
ʼ
vogarni) ishni sudga
qadar yuritish bosqichida prokurorning iltimosiga
binoan so‘roq qilishdan iborat bo‘lib, u ushbu
Kodeksda
nazarda
tutilgan
sud
muhokamasi
qoidalariga ko‘ra sud tomonidan yoki notarius
tomonidan bayonnoma tuzish orqali amalga oshiriladi.
1212-
modda. Ko‘rsatuvlarni oldindan musta
hkamlab
qo‘yish uchun asoslar
Prokuror ko‘rsatuvlarni oldindan mustahkamlab
qo‘yish to‘g‘risida iltimosnoma qo‘zg‘atish haqidagi
qarorning yoxud murojaatning asosliligini tekshirib,
unga rozi bo‘lgan taqdirda, ko‘rsatuvlarni oldindan
mustahkamlab
qo‘yish
to‘g‘risida
iltimosnoma
qo‘zg‘atish
haqidagi
qarorni
yoki
murojaatni
surishtiruv, dastlabki tergov yuritilayotgan joydagi
jinoyat ishlari bo‘yicha tuman (shahar) sudiga,
notariusga yoki hududiy harbiy sudga yuboradi.
Iltimosnomaga ko‘rsatuvlarni oldindan mu
stahkamlab
qo‘yish
zarurligini
tasdiqlovchi
jinoyat
ishi
materiallarining ko‘chirma nusxalari ilova qilinadi.
1213-
modda. Ko‘rsatuvlarni oldindan mustahkamlab
qo‘yish to‘g‘risidagi iltimosnomani ko‘rib chiqish
shartlari
Notarius ko‘rsatuvlarni oldindan mustahkamlab
qo‘yish to‘g‘risidagi iltimosnomani materiallar kelib
tushgan paytdan e
ʼ
tiboran yigirma to
‘
rt soatdan
kechiktirmay
ko‘rib
chiqadi
va
iltimosnomani
qanoatlantirish
hamda
notarius
tomonidan
Volume 03 Issue 02-2023
34
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
bayonnoma tuzish vaqtini belgilash orqali bu haqda
taraflarga xabar beradi. Notarius ko‘rsatuvlarni
oldindan
mustahkamlash
bo‘yicha
bayonomani
rasmiylashtirish
va
tasdiqlashni
bir
sutkadan
kechiktirmay o‘tkazadi.
1214-
modda. Ko‘rsatuvlarni oldindan mustahkamlab
qo‘yish tartibi
Guvohning, jabrlanuvchining (fuqaroviy da
ʼ
vogarning)
ko
‘
rsatuvlarini
oldindan
mustahkamlab
qo
‘
yish
O
‘
zbekiston Respublikasi adliya vazirining 2019 yil 4
yanvardagi 2-mh-
son buyrug‘i (ro‘yxat raqami 3113,
2019 yil 4 yanvar) bilan tasdiqlangan Notariuslar
tomonidan notarial harakatlarni amalga oshirish tartibi
to‘g‘risidagi yo‘riqnomaga muvofiq amalga oshiriladi.
The court session and the notary's office can be held
using audio and video recording, as well as in the mode
of a video conference.
If the presence of the suspect or the accused in the
process of preliminary strengthening of testimony
threatens the safety of the witness or the victim (civil
claimant) or affects his mental state, the suspect or the
accused will not be summoned to the court session and
the notary office.
The minutes of the court session, the audio and video
recordings of the notary public, comments on the
minutes and the decision made based on the results of
their review are sent to the prosecutor for inclusion in
the criminal case materials.
Copies of the protocol and the materials attached to it
are kept in the court and in the notary.
CONCLUSION
During the past period, the notary field was completely
reformed and digitized. As a result, excessive red tape
and bureaucracy were reduced, and citizens' hustle
and bustle was put an end to. Citizens were given the
opportunity to identify a notary close to them, register
electronically for a notary appointment, determine the
legal validity of a power of attorney, determine
whether an inheritance case has been opened, and
apply remotely electronically.
A service for remote online confirmation of notarial
actions without coming to the notary office has been
launched.
A system of issuing power of attorneys giving the right
to drive a motor vehicle in electronic form through the
Unified interactive state services portal has been
introduced.
Among these, there is a need for new notarial actions
necessary to ensure personal rights and duties
stipulated in the Constitution of the Republic of
Uzbekistan. Therefore, it is desirable to optimize the
above-mentioned new type of notarial actions, to
Volume 03 Issue 02-2023
35
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
I
SSUE
02
Pages:
30-35
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
further
simplify
the
procedures
for
their
implementation.
In this way, a number of systemic problems and
shortcomings in the activity of notary offices that
prevent the full use of the potential of the notary in the
effective implementation of state policy in the field of
justice, in the prevention of economic, family,
inheritance, housing, labor and other disputes have
been eliminated as a result of such new notarial
actions. will become an independent institution that
once again ensures the achievement and realization of
the rights of individuals specified in the Constitution.
REFERENCE
1.
The Constitution of the Republic of Uzbekistan
2.
Criminal Procedure Code of the Republic of
Uzbekistan
3.
http://www.notarius-spb.ru
4.
. https://adliya.uz
5.
http://old.lex.uz
6.
ogli Melikuziev, A. L. (2022). HISTORICAL AND
MODERN
CLASSIFICATION
OF
PARALINGUISTICS.
Academicia
Globe:
Inderscience Research, 3(10), 126-128.
