SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
144
REGULATION OF PRIVATE NOTARY ACTIVITIES ADDITIONAL
MECHANISMS
Eldor Makhkamov
Master of Law at Tashkent State University of Law
E-mail: eldor4828@gmail.com
https://doi.org/10.5281/zenodo.15797244
Annotation:
This article examines the system of state control over notarial
activities in Uzbekistan, particularly focusing on the supervision of private
notaries by judicial authorities and the legal limitations on punitive measures—
currently restricted to suspension or revocation of licenses. The analysis reveals
that between 2022 and 2024, notary licenses were suspended nearly 2,000
times, including numerous cases involving minor violations that could have been
resolved on the spot. By comparing international experiences from countries
such as Germany, the United States, Japan, Canada, and South Korea, the study
identifies a broader spectrum of disciplinary measures abroad – such as fines,
warnings, training requirements, and even criminal penalties. Based on this
comparative analysis, the article recommends the incorporation of alternative
sanctions like warnings and monetary penalties into Uzbekistan’s notarial
legislation. Such reforms would help ensure proportionality in disciplinary
action, increase legal protection for citizens, and enhance the transparency and
effectiveness of the national notary system.
Keywords:
notary, region, penalty, property, legal activity.
In accordance with the Law “On Notaries”, control over notaries'
compliance with notarial legislation is carried out by the Ministry of Justice of
the Republic of Uzbekistan, the Ministry of Justice of the Republic of
Karakalpakstan, regional and Tashkent city justice departments.
The Notary Chamber monitors the activities of notaries engaged in private
practice.
In particular, judicial authorities:
licenses the activities of notaries engaged in private practice;
supervises their compliance with license requirements and conditions;
In cases provided for by law, a notary engaged in private practice shall
make a decision to suspend, terminate, or revoke the license.
That is, our legislation stipulates that only measures such as suspension or
termination of the license can be applied to notaries engaged in private practice.
In 2022–2024, notary licenses were suspended a total of 1 967 times for
periods ranging from 15 days to 6 months, of which 548 times were suspended
for violations that could have been eliminated on the spot.
SCIENCE AND INNOVATION IN THE
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When studying the types of penalties for violations and shortcomings
committed by notaries based on the experience of foreign countries, we can see
that the practice in this area varies between countries, and in most countries, in
addition to license suspension , there are
alternative types of penalties
.
In particular:
the Republic of Azerbaijan
, a notary may be reprimanded by the relevant
executive div for a violation of the law, as well as be fined from one thousand
five hundred to two thousand five hundred manats, or have his private notary
certificate (certificate) revoked.
Germany
, supervisory authorities have the authority to impose large fines
on notaries. By order of the supervisory authorities, both fines and monetary
penalties can be imposed. The president of the regional court (President of the
regional court) has the right to impose a fine of up to 10 thousand euros on a
notary and up to 1 thousand euros on a trainee.
USA. State of California.
If a notary commits misconduct, the penalties under California law
(
California Notary Code
) fall into four main categories:
Disciplinary Action:
The Secretary of State may refuse to appoint any
person to the office of notary or may suspend or terminate the practice of notary
public for any of the numerous violations set forth in Government Code Section
8214.1.
Civil Penalties:
authorizes the Secretary of State to fine a California notary
public up to $750 for negligence in addition to the disciplinary penalty imposed
against the notary public. If the notary commits intentional misconduct, the
maximum fine increases to $1,500.
Criminal penalties:
If the notary's misconduct constitutes a crime or
offense as defined by law, the notary may be sentenced to imprisonment or
other criminal penalties in addition to any disciplinary and civil penalties.
Lawsuits:
If a notary's misconduct harms an individual, a notary can be
sued.
Notary misconduct can result in a number of penalties. For example, if a
notary is found to be negligent because he or she failed to properly complete and
affix a notarial deed to a real estate deed, the Secretary of State may impose civil
penalties, as well as suspend or terminate the notary’s practice, as appropriate.
If the notary’s error resulted in financial loss to the individual, the signatory may
also seek damages from the notary for damages suffered as a result of the
improper notarization.
SCIENCE AND INNOVATION IN THE
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International scientific-online conference
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Willful violation of state notary laws carries much harsher penalties.
For example, a California notary who negligently fails to properly complete
a certification certificate may be subject to a civil penalty of up to $750 and may
be required to suspend or revoke his or her practice (Government Code Sections
8214.1 and 8214.15).
a notary intentionally falsifies information on a certificate of recognition,
the notary is subject to a civil penalty of up to $10,000 and is considered to have
committed forgery and is subject to criminal liability[1].
In Slovenia,
financial sanctions are applied to notaries for disciplinary
offenses in the form of fines. The proceeds from the fines are used to cover the
education costs of notaries and their assistants.
In
Canada
, disciplinary sanctions include fines, imprisonment, mandatory
training, suspension of activity, removal from the register of notaries, and
deprivation of the right to practice notarial activities .
Turkey
, a warning, a fine from 250 to 5000 lira, suspension from one to six
months, and dismissal are used as disciplinary punishments for notaries.
In the Czech Republic,
notaries can be subject to penalties such as a
written warning, a fine of up to one hundred times the minimum wage, and
suspension of notarial activities.
For your information: Czech Republic
Notary is also based on the Latin
type, and a notary is a representative of a free profession appointed by the
Minister of Justice.
The Ministry of Justice exercises state control over notarial activity, the
Czech Chamber of Notaries exercises control over the activity of notarial
chambers, notarial activity and management of notary offices.
The Minister of Justice may initiate disciplinary proceedings against any
notary, and the President of the Notary Chamber (Disciplinary Committee) may
initiate disciplinary proceedings against any notary, candidate, or trainee.
South Korea
, the Ministry of Justice can apply the following administrative
sanctions to notaries: a fine of up to 1 million won (up to 5 million won for legal
firms and law firms), suspension from office for a period of up to one year,
termination of authority.
FYI: In South Korea
Since 1961, the "Law on Notary" has been in force for
the legal regulation of notarial activity, and it has reflected many norms of
Japanese notarial law.
The appointment of a notary public is carried out by the judicial authorities.
SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
International scientific-online conference
147
According to Article 79 of the
Japanese Notary Act, a notary is subject to
disciplinary action if he or she acts contrary to the obligations of
performing his or her duties as a notary or if he or she acts in a manner
inconsistent with his or her duties as a notary.
In particular, according to Article 80, there are the following types of
disciplinary punishment against notaries.
- reprimand to give;
- from 50,000 yen non-increasing fine;
- one from the year more not for a period of time from his position
exclusion;
- relevant office change;
- from work release;
Article 81, criminal fine, notary duty exclusion, re appointment and from
work release Justice minister by Notaries inspection commission decision based
on determined, reprimand punishment and Justice ministry by will be given.
For reference: In Japan, if such a penalty is imposed and the notary fails to
pay it at once, the notary's membership fee (loyalty deposit) serves as a
guarantee to cover the penalty (the notary must pay the loyalty deposit within
30 days)[2].
In the Republic of Kazakhstan
is similar to the legislation of our country.
In particular, the measures of influence applied to private notaries are related to
the suspension, termination and cancellation of the notary license.
Based on the analysis of the above experience of foreign countries and the
suspension of the activities of private notaries for violations that can be
eliminated and the fact that the measures of influence are not proportional to
the violations committed, it is proposed to introduce alternative punishment
measures, to strengthen the control mechanisms in the field of notary, to
establish alternative punishments such as “warning” and “penalty” in the
national notary system.
References:
1.
https://www.notarylivescanla. com/post/a-guide-to-notary-misconduct-
penalties-in-california, 2019
2.
https://notariat.ru/ru-ru/news/notariat-yaponii-gosudarstvennye-
zadachi-pod-svoyu-otvetstvennost
