International Journal of Law And Criminology
63
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue06 2025
PAGE NO.
63-67
10.37547/ijlc/Volume05Issue06-13
Issues Of Improving The Notary System
Jasur Abdugaffarov
Teacher At the Training Institute For Lawyers Under Ministry Of Justice, Uzbekistan
Received:
18 April 2025;
Accepted:
14 May 2025;
Published:
30 June 2025
Abstract:
As a result of reforms aimed at improving the notary system in the Republic of Uzbekistan, the process
of providing notarial services to citizens is being simplified. This article analyzes issues related to reforming the
notary system in our country, including the digitalization of the system based on ensuring the rule of law,
guarantees of notary independence, personnel training and the provision of notarial services that comply with
international standards. Drawing on the experience of foreign countries and the scientific opinions of scholars,
specific proposals have been developed to address certain shortcomings in practice and legislation.
Keywords:
Notary, digitalization, private practice notary, personnel training, independence, international
standards, legislation, digital notary.
Introduction:
Today, the notary system is a legal
activity aimed at documenting, protecting, and
ensuring legal certainty of the rights and legitimate
interests of citizens and legal entities, wherein notarial
acts are performed by state and private notaries in
accordance with legislation. The notary system
encompasses a wide range of legal services, including
legal confirmation of property, personal, and family
rights, validation of transactions, formalization of
inheritance, certification of powers of attorney,
authentication of copies, and is considered an
important institution that ensures the reliability of civil
transactions. R.Qodirov emphasizes that "Notary is a
legal activity carried out by the state or authorized
persons on a legal basis, through which legal relations
between individuals are reliably confirmed, and
documents acquire legal force"[1].
Furthermore, the term "Notary" is derived from the
Latin word "notarius" which means "scribe" or "letter
writer". The history of the notary system in the
Republic of Uzbekistan dates back to ancient times. In
periods when cases were handled based on Sharia law
and customary norms, there were no specialized
individuals performing notarial acts. However, disputes
or complaints were addressed by appealing to judge
(Islamic judges), who resolved these matters with their
participation. Judge also essentially performed notarial
acts[2].
The notary system is an important institution in
ensuring the rights and freedoms of citizens and in the
implementation of regulatory legal acts. In particular,
paragraph 68 of the New Uzbekistan Development
Strategy program, designed for 2022-2026, defines
“systematization and unification of all legislative
documents related to the notarial institute into a single
law, further digitalization of Notarial activities and
introduction of modern information technologies, and
establishment of the provision of public services by
notarial bodies in a simplified manner”. In addition,
paragraph 77 of the “Uzbekistan –
2030” strategy
provides for the transfer of 300 public services to the
private sector, in particular, the expansion of the
activities of notaries, which are guided by the practice
of a private notary. At the same time, there are such
pressing issues as digitization of notarial actions,
training of personnel, ensuring the independence of
Notarial bodies and the formation of domestic policies
that comply with international standards.
It is well known that one of the main functions of
notaries is to formalize and provide legal protection for
important documents of citizens and legal entities,
such as contracts, guardianship, and inheritance. The
notary system is considered a specialized legal
institution that guarantees the legality and authenticity
of documents in civil legal relations, as well as legally
safeguarding the free will of the parties[3].
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International Journal of Law And Criminology (ISSN: 2771-2214)
Today, notarial activities are viewed not only as a
means of formalizing legal transactions but also as an
essential tool for protecting the legal interests of
citizens and legal entities[4]. The notary system in the
Republic of Uzbekistan has been developing rapidly
since independence; however, certain shortcomings
and organizational issues in the existing legislation
reduce the system's effectiveness. While notaries
performed 4,428,081 notarial acts in 2021, this figure
increased to 5,393,775 in 2022[5]. In 2024, over 74,000
notarial acts were conducted remotely. Currently,
there are approximately 1,200 notaries, of whom 900
also carry out notarial activities remotely. This
corresponds to a ratio of 1 notary per 31,600 citizens.
After independence, the notary system was formed
and developed on a legal basis. The activities of the
notary are regulated by the Law of the Republic of
Uzbekistan "On Notary" as well as Presidential decrees
and government resolutions. This law defines the legal
basis of notarial activity, regulates the powers of
notaries, the procedure for certifying documents, and
other issues. According to it, the main functions of the
notary are indicated, including the certification of
contracts, the formalization of guardianship, and
matters of inheritance.
The notary system is an important element of the state
legal order, and its activity ensures legal stability and
trust in society. This system also serves to prevent
conflicts arising between citizens. The Law of the
Republic of Uzbekistan "On Notary" defines the legal
basis of notarial activity and Article 1 of this Law states
that the main goal of the notary system is "to protect
the legal interests of citizens and legal entities and to
guarantee the legality of documents"[6].
In this regard, S.Ismoilov noted that the notary system
is a legal protection mechanism aimed at legally
reinforcing the rights of individuals and safeguarding
their legitimate interests[7].
According to T. Sultanova, one of the distinctive
features of notary offices, which sets them apart from
other administrative bodies, is the resolution of non-
contentious matters. Notaries, while performing
notarial acts, directly meet and communicate with
citizens to determine the purpose of their visit to the
notary office.
The activities of notary offices and notaries are carried
out under the supervision of the Ministry of Justice of
the Republic of Uzbekistan in the manner prescribed by
law. Notaries operate independently but are held
accountable within the framework of the law.
The implementation of electronic services in the notary
system in recent years has contributed to increasing its
efficiency. The launch of the E-notarius.uz website and
the establishment of electronic notary services have
accelerated the document processing and become one
of the important steps in combating corruption.
Notably, in the first quarter of 2025 over two million
notarial acts were performed with 1,291,105 notarial
actions carried out in Tashkent city alone during a one-
year period[8].
Despite the significant development of Uzbekistan's
notary system in recent years, there are still some
shortcomings and issues within the system. Effectively
addressing these problems is necessary for further
improvement of the system and enhancement of the
quality of services provided to citizens.
In this regard, although the legislation in the field of
notary is generally strong, some norms are interpreted
ambiguously in practice. For example, due to the fact
that some articles of the Law "On Notary" are
insufficient for a clear indication of the powers and
responsibilities of notaries, disputes arise about the
quality and legality of notarial acts[9]. As a result of the
development of digital technologies, the introduction
of electronic services in the field of notary services is
becoming widespread on a global scale. However, the
insufficient development of the regulatory framework
of the electronic notary services system in the Republic
of Uzbekistan, the further development of automation
of processes in this area and ensuring the security of
electronic document management is one of the
pressing issues of today.
It is established that a service will be provided that
allows obtaining a copy of the documents available in
the departmental notary archive, certified by an
electronic signature, by sending an electronic
application through the Single Portal of Interactive
Public Services of the Republic of Uzbekistan. However,
security and personal data protection standards for
electronic notary services are not clearly defined. For
example, Article 32 of the Law of the Republic of
Uzbekistan "On Notary" stipulates that notaries and
other officials performing notarial acts are obliged to
establish the identity of persons applying for the
performance of notarial acts, and the identity of the
person applying for the performance of a notarial act
must be established on the basis of a passport or
identification ID-card, or other documents that exclude
any doubts about their identity[10].
In the author's opinion, for the provision of electronic
notarial services, it is necessary to establish specific
obligations or requirements for security and personal
data protection standards.
It is proposed to introduce a new norm into the Law of
the Republic of Uzbekistan "On Notary" in the following
wording: Obligations to protect personal data when
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International Journal of Law And Criminology (ISSN: 2771-2214)
performing electronic notarial acts:
State bodies and notaries involved in the
comprehensive automation of the processes of
collecting and processing information about notarial
activities and performing notarial acts are obliged to
implement the necessary technical and organizational
measures to ensure the confidentiality, integrity, and
availability of personal data.
In the event of cases of unlawful modification, loss, or
dissemination of personal data, such cases are
immediately reported to the relevant state bodies.
Responsibility for actions resulting from the violation of
these obligations is determined by the current
legislation of the Republic of Uzbekistan.
Legal status of notaries in the Republic of Uzbekistan,
restrictions and powers in their activities In accordance
with Article 81 of the Law "On Notary" the legal status
of a notary as a private practice entity is determined.
Although it is not a legal entity, it exercises the
following rights on its own behalf:
• opening a notary office;
• opening bank and other accounts;
• hiring and dismissal of employees;
• taking on civil
-legal obligations;
• participation in court proceedings;
• ownership of p
roperty.
Upon liquidation of a notary office, the remaining
property is transferred to the notary without taxation.
This norm protects a private notary from the excessive
tax burden in the subsequent stage of his business
activity. The notary independently appoints and
dismisses employees of his office in consultation with
the justice authorities, which ensures their legal and
legal autonomy within the organization. In practice,
notaries engaged in private practice will have more
personal initiative and the opportunity to provide
innovative services than the state notary. They offer
notarial services in accordance with market
requirements and independently determine pricing
policy. A notary engaged in private practice is required
to have compulsory civil liability insurance, which
protects consumer rights.
Comparative analysis with foreign experience shows
that in France, notaries engaged in private practice
provide professional legal services, exercise state
powers, and have the status of a legal entity.
According to current legislation, private notaries can
only perform notarial acts clearly specified by law. They
independently, on a paid basis, provide a limited range
of services, such as legal consulting, mediation, or
preparation of draft legal documents. In the author's
opinion, it is necessary to expand the scope of services
provided by private notaries, for example, to grant
them the right to provide legal advice in all areas of law,
prepare drafts of legal documents, and provide
intermediary services. Therefore, the introduction of
the above-mentioned amendments to Article 81 of the
Law allows notaries to:
improvement of the quality of legal services;
reduction of the number of appeals to the
court;
increasing legal literacy;
bringing the notary institution closer to the
population.
Notarial activity is an integral part of the civil law
system in many countries. The notary system, formed
on the basis of the historical, social, and legal traditions
of each state, has its own peculiarities and creates
broad opportunities for effective study and
improvement for Uzbekistan.
For the development and modernization of the notary
system, it is important to take into account the norms
of international law and international standards.
Today, the international regulatory framework of
notarial activity is based on international legal
documents developed by the UN, the International
Federation of Notaries (Fédération Internationale du
Notariat - F.I.N.), the European Union and other
organizations.
In particular, although the UN has not developed
special documents covering notarial activities, the
organization encourages the protection of human
rights and the fairness and comprehensiveness of its
services[11].
An international organization related to the
international regulation of the notary institution is the
International Union of Notaries, established on
October 2, 1948, and currently has 92 member states.
The main goal of the organization is to promote and
apply the basic principles of the notarial system of civil
law and the principles of notarial deontology, to
cooperate in the study of law in the field of notarial
activity and to harmonize national legislation at the
international level[12]. In the coming years, the
organization is working on the adoption of the
"International Notary Code". Although Uzbekistan is
not a member of this organization, efforts are being
made to cooperate with this organization.
Also, in foreign experience, the German notary system
is organized on the basis of the system of continental
law, and notaries act as representatives of the state.
Their main task is the full, accurate, and reliable legal
formalization of contracts, property rights, inheritance,
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and other legal agreements. German notaries operate
independently and transparently, they are strictly
controlled by state bodies. Notaries are required to
have high legal knowledge and undergo special
training. Among the main powers of notaries are the
registration of property rights, the conclusion of
contracts, the conduct of guardianship cases, and the
resolution of out-of-court disputes. Their activities are
based on a high level of professionalism and ethical
standards[13]. According to G. von Schlieffen, "Notary
is a trust-based legal institution with state participation
or through independent lawyers, which ensures legal
security and legal stability"[14].
The notary system in France is also part of the civil law
system and is historically one of the earliest developed
notary institutions among European countries. Here
too, notaries are representatives of the state and
operate transparently and legally. Their competence
includes the provision of legal advice, the execution of
documents, inheritance, guardianship as well as the
approval of contracts and other powers[15]. According
to Michel Grimaldi, "Notary is an institutional
guarantee that protects the rights and obligations of
participants in civil transactions by formalizing their
voluntary transactions within the framework of the
law"[16].
It should be noted that among the CN countries in
order to become a notary in Russia a citizen must have
a higher legal education undergo at least one year of
practical training in a notary office, and pass a
qualification exam. In Great Britain, to become a notary
one must first qualify as a lawyer or barrister and then
obtain a two-year diploma in notarial practice. Also,
only a lawyer with ten years of legal experience in India
or a member of the Indian legal service has the status
of a notary. In more than 60 member states of the
International Union of Notaries in Latin America, the
procedures for appointing and dismissing notaries are
different[17].
The experience of foreign countries shows that the
notary system is aimed at ensuring independence,
professionalism, state control, the introduction of
electronic services, and the wide range of legal
services. Approaches borrowed from the German and
French systems can serve as a basis for the
development of the notary system in Uzbekistan.
Main proposals for the development of the "Digital
Notary" system in Uzbekistan:
1. Expansion of the types of remote notarial acts: Today
only 10 types of notarial acts are performed remotely.
However, many important documents, in particular,
such actions as the purchase and sale of housing, are
not carried out in digital form. This is due to the
incomplete integration of the cadastral database.
Therefore, it is necessary to expand the types of remote
notarial acts and ensure integration with cadastral, tax,
and other relevant information systems.
2. Implementation of "Mobile Notary" and a single
electronic platform: According to the experience of
Azerbaijan, citizens can use the services of a notary
through a mobile application, resolve all processes
remotely through a single "E-notary" system. For
Uzbekistan, it is proposed to introduce a single
platform that will allow verifying identity and
performing notarial acts using Face ID or biometric
identification based on a mobile notary system.
3. Digital control of the activities of notaries and
creation of a database: According to the German
experience, information about each citizen who
contacted a notary is entered into a centralized
database, and notaries are obliged to consider any
request. It is necessary to introduce a similar unified
database in Uzbekistan and establish liability for a
notary's unjustified refusal.
4. Development of a separate instruction on notarial
acts with a foreign element: Currently, there is no
unified approach to incoming documents and requests.
In accordance with the Minsk and Chisinau
Conventions, the mechanisms for recognizing and
performing notarial acts should be clearly regulated,
and liability measures should be established for
violating the deadlines for sending inquiries and
responses abroad.
5. Determining the number of notaries based on
market mechanisms and ensuring security: Instead of
artificially limiting the number of notaries, it is
necessary to introduce a self-regulatory system based
on market demand, while developing mechanisms that
serve to increase competition and service quality. At
the same time, the introduction of cybersecurity
standards operating on a single CIS platform, ensuring
security and data exchange between notaries, is a
requirement of the times.
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https://adliya.uz/;
Law of the Republic of Uzbekistan dated 26.12.1996
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