43
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
The article discusses the role of the notary in the development of the country today, the specific goals and measures
in the Action Strategy, the transition to the private sector, the issues identified in the reform of the system as a conflict
prevention institution, theoretical and practical problems and obstacles and ways to overcome them are introduced.
Also, as one of the Legal acts that served as a step towards the complete reform of the field and the transition to a
modern notary is mentioned the Presidential Decree of May 25, 2018, subsequently its goals and objectives, and, of
course, the work and practical measures in the area in accordance with this document are put forward by the author.
In addition, the capabilities of the Automated Information System Notary to monitor the processes of notarial acts,
to identify and eliminate possible shortcomings are highlighted. As a result of the reforms, the existing problems in
the field that have remained in history have been detailed.
KEYWORDS
Notary, automated information system "Notary", notary chamber, fingerprint scanning, website "e-notarius.uz ",
power of attorney, "GIZ" program.
Research Article
THE ROLE OF NEW NOTARY IN RAISING THE PRESTIGE OF NEW
UZBEKISTAN
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue05-08
Dilshod Ashurov
Master of law, Tashkent State University of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
44
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
INTRODUCTION
The first stage of reforms in the field of notary.
The state program “Strategy actions in five priority
areas of the Republic of Uzbekistan in 2017-2021 years”
plays an important role in shaping the image of the
new Uzbekistan.
The “Strategy of Action” envisages the improving the
system of state and public construction, the ensuring
the rule of law and further reforming of the judicial
system, the economic development and liberalization,
the development of the social area, as well as the
reform of the notary sector.
The establishment of notaries engaged in private
practice in Uzbekistan from 2020 confirms that the
tasks set out in the Strategy of Action have been
fulfilled in practice
1
.
Today, consistent measures are being taken to reform
the notarial system, to form it as one of the important
institutions prevention of litigation in court ensuring
the rights of individuals and legal entities.
In particular, first of all, in purpose of the effective
implementation of state policy in the judicial sphere, a
number of systemic problems and shortcomings that
hinder the full use of the potential of the notary
institution in the prevention of economic, family,
inheritance, housing, labor and other disputes were
identified and strong legal frameworks and strong
strategic concepts have been developed to solve them.
A legal act that changed the notary sphere
1
Decree of the president of the Republic of Uzbekistan “On
the strategy of actions for the further development of the
Republic of Uzbekistan” PD-4947 on February 7, 2017.
In order to increase the role and importance of the
notarial institution, as well as improve the quality of
notarial services provided to the population, the
President on May 25, 2018 signed a resolution “On
measures to further improve the notarial system as an
institution of preventing conflicts”
2
.
According to the legal act mentioned above, an active
model of notary, that is administrative regulations for
cooperation
with
government
agencies
and
organizations in the certification of transactions by
notaries on the principle of “single window” with the
help of information technology. Additionally, an
electronic database was created to establish a
mechanism
for
exchanging
information
with
organizations and integrated into the “Notary”
automated information system.
A mechanism of registering of performed notarial acts
by scanning fingerprints has been implemented. The
internship term for candidates for the position of
notary has been reduced from two years to one year,
and the practice of real-time audio and video
broadcasting of the selection process of candidates for
the position of notary has been put into practice.
The programs for retraining and advanced training of
notaries to teach psychological procedures and skills
not linked to judicial sphere were introduced.
Increased guarantee of non-violation the law
As the automated information system “Notary” clearly
reflects all the actions of the notary today, it is possible
2
Decree of the president of the Republic of Uzbekistan “On
measures for further improvement of the notarial system
as an institution aimed at preventing disputes” PD-3741 on
May 25, 2018.
45
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
to monitor the actions of notaries online by the
competent
authorities.
Furthermore,
increased
guarantees of non-violation of the law have increased,
the practice of rapid detection of illegal actions as a
result of online monitoring and the application of
appropriate sanctions against the guilty notary has
been put into practice.
The queues left in history
Another opportunity created for citizens was the
establishment of an electronic queue. Now, before
going to the notary, our citizens have the opportunity
to register in the electronic queue on the website “e-
notarius.uz” and go to the notary at the appointed
time. This has had a positive effect on a sharp reduction
in anxiety, such as waiting in turn.
In order to protect the property rights of legal entities
and individuals, the property responsibilities of
notaries have also been defined. At the same time, the
law stipulates that in the event of property damage to
individuals and legal entities as a result of notarial acts,
the notary shall be liable for the obligations with his
own property.
At the same time, the insurance of civil liability of
notaries has been strengthened as a mandatory
requirement.
These are the first stages of reform in the notarial
system.
The second phase of reforms in the field of notary.
The second stage of reforms in the notarial sphere
began with the signing of the Decree of the President
3
Decree of the president of the Republic of Uzbekistan “Оn
measures to radically reform the notarial system in the
Republic of Uzbekistan” PD-5816 on September 9, 2019.
of the Republic of Uzbekistan No. 5816 “On measures
to radically reform the notarial system in the Republic
of Uzbekistan”
3
.
One of the important aspects of the second stage is
that on May 1, 2020, the notary sector was removed
from the state system and transformed into a non-
governmental system, and the system of notaries
engaged in private practice began to operate in
Uzbekistan.
Some notarial activities have been abolished
In order to create convenience for individuals and legal
entities the procedure for notarization of power of
attorney for the driving cars between close relatives,
getting permission from local authorities in the sale of
unfinished housing have been abolished.
Additionally, the requirements for getting the consent
of the guardianship and trusteeship authority in the
lease (rent) of accommodation on behalf of the ward
and lease of the enterprise, lease and free use of the
enterprise, and also procedures for leasing property in
the primary market and mandatory notarization of
mortgage agreements have been abolished.
The abolished notarial acts were replaced by new ones.
These include notarial acts in civil law relations, such as
providing evidence in the pre-trial process, mediating
in property and inheritance issues, confirming the time
of submission of copyright and related rights.
The principle of “extraterritoriality” has been
established.
46
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Most notarial acts can be registered on the basis of
extraterritoriality. Now individuals and legal entities,
regardless of their place of residence, have the
opportunity to register notarial acts in any area.
The system of “remote notary” has been established.
According to him, some notarial acts of our citizens
were able to register remotely via videoconferencing
without visiting the notary.
At the same time, conditions have been created for
obtaining copies of documents available in the notarial
archive through the Single interactive state services
portal.
It is gratifying that the implementation of these
mechanisms serves to eliminate excessive queuing,
save time and reduce costs, use of the population by
quality notarial services, to create a free competitive
environment in the field, and also to prevent excessive
bureaucracy and corruption.
Establishment of the Notary Chamber of the Republic
of Uzbekistan.
Another important aspect of the second stage of
reforms in the field of notary is the establishment of
the Notary Chamber of the Republic of Uzbekistan.
Currently, territorial branches of the Notary Chamber
operate in every region of the country.
Today, about 900 notaries engaged in private practice
have been established in the country, which all have
become the member of the Notary Chamber.
One of the main functions of the Notary Chamber is to
coordinate the activities of notaries engaged in private
practice, to represent and protect their rights and
4
Journal of the Federal Republic of Germany “Poster”. "New
Uzbekistan-New notary", July, 2021.
interests, as well as to improve the legislation and law
enforcement practice in the field of notaries
4
.
Strengthening the role of notaries, raising the prestige
of the notary profession, take measures to ensure a
single notarial practice, development of guidelines for
notarial acts, monitoring the observance of the
legislation on notaries, the rules of professional ethics
by notaries, the cooperation with the relevant state
authorities,
non-governmental
non-profit
organizations on issues of notarial activities are the
functions of the Notary Chamber.
The Notary Chamber within the scope of its duty shall
hire notary trainees in order to ensure the impartiality
and transparency of decisions accepted for notaries.
Additionally, when taking a qualifying exam from
candidates, the Notary Chamber has been directly
involved in obtaining qualification examinations from
candidates, and also in applying enforcement
measures to notaries to suspend and terminate their
licenses.
Electronic notarial system.
One of the important requirements of today is the
digitization of each industry and the introduction of
modern information technologies. Therefore, by way
of studying the international experience, Uzbekistan
has created an automated information system
“Notary” and fully digitized the field of notaries. More
than 15 different government agencies have been
integrated into the system.
In addition, “E-notary” website has been created for
the population in order to search for and register for
notaries, check whether the power of attorney is valid
47
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
or not, whether the inheritance issue has been opened
or not, make it easier for them to know the list of
documents required for notarization and to be aware
of the amount of payment
5
.
At the same time, the Notary Chamber has created its
own website notarialpalata.uz or “np.uz” in order to
get acquainted with the reforms in the field of notaries
in Uzbekistan and the activities of the Notary Chamber,
to use the necessary legislation.
“Notary’s advice”
One of the important tasks of the Notary Chamber is to
further raise the legal awareness of the population and
provide them with legal advice. In this regard, the
channel and pages “Notary’s advice” have been
created on Facebook and Telegram social networks,
through which the population is provided 24/7 with
free legal explanations in the field of notaries and
answers to their questions.
In addition, the Notary Chamber has launched the
publication of the newspaper “Notary’s Advice”.
Various articles in Uzbek, Russian and English on
notarial and other areas of law, and regularly case
studies in the field of notary are published in the
newspaper.
Notaries have prepared about 1,000 different videos
related to the notary sphere and posted them on social
networks, online broadcasts on radio and shows on
television have been organized, legislation in the field
of notaries was prepared in the form of an
“audiobook” and handed out to notaries and
population.
5
The journal “Notary”, “The renewed notariat helps to
improve the vision of the new Uzbekistan” Rome, 2021.
International and local cooperation is expanding.
The Notary Chamber is working on the establishment
and
development
of
international
relations.
Memorandums of cooperation were signed with
organizations in notary sphere of Lithuania, Ukraine,
Belarus, Azerbaijan and Kazakhstan. It was also agreed
to sign Memorandums of cooperation with Russia,
Germany, France, Italy, Tajikistan and Kyrgyzstan.
The Notary Chamber took an active part in web
symposiums of European and Asian notaries and made
presentations.
In addition, GIZ program (Germany) organized an
international seminar for notaries on “Mediation”, and
also online conferences for notaries on “Electronic
Notary” was organized in cooperation with the notary
chambers of Belarus and Kazakhstan.
In order to inform the international community about
the work done by the Notary Chamber of Uzbekistan,
an article entitled “New Uzbekistan - a new notary”
was published in some countries, including Saudi
Arabia, Oman, Italy, France, Germany, Lithuania,
Russia, Azerbaijan, Kazakhstan, Ukraine and Belarus.
The experience of Uzbekistan in the field of notary was
closely studied by the delegations of France,
Azerbaijan and Tajikistan.
During its activity, the Notary Chamber pays special
attention not only to international relations, but also to
issues of local cooperation. Memorandums of
cooperation were also signed with organizations, in
particular, the Ministry of Foreign Affairs, the Agency
for Information and Communications, the Ministry of
Internal Affairs, the Ministry of Health, the
48
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
43-48
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Inspectorate for Agro-Industrial Complex, Tashkent
State Law University, the Lawyers' Training Center, the
Chamber of Advocates, Yuksalish and Madad.
In the future, it was agreed to establish cooperation
and sign memorandums with the Ministry of Defense,
the Department for Combating Economic Crimes and
the Cadastral Agency.
The first step to the international community
On December 3, 2021, the Notary Chamber of
Uzbekistan was accepted as the 91st member of the
International Union of Notaries.
It should be noted that this is a high assessment of the
notarial system of Uzbekistan, its revolutionary activity
in a very short period of time, confirming that its
legislation in the field of notaries fully complies with
international standards.
The main function of the International Union of
Notaries is to coordinate, improve and assist in the
definition of tasks of notaries around the world.
Membership in the International Union of Notaries,
first of all, allows Uzbekistan to work alongside the
notarial systems of developed countries and to
cooperate with them on an equal footing.
Secondly, the documents certified by our notaries will
undoubtedly be recognized worldwide and will provide
ample opportunity to promote the experience of
Uzbekistan at the international level.
At the Congress of the International Union of Notaries,
which will be held in Mexico at the end of this year, the
flag of Uzbekistan will be raised and the Uzbek notary
will be awarded a certificate of membership.
The main goal of the Uzbek notary is to contribute to
the further development of new Uzbekistan in the
international arena and to consolidate its place in
international indicators.
REFERENCES
1.
Decree of the President of the Republic of
Uzbekistan “On the strategy of actions for the
further development of the Republic of
Uzbekistan” № PD-4947 on February 7, 2017.
2.
Decree of the President of the Republic of
Uzbekistan
“On
measures
for
further
improvement of the notarial system as an
institution aimed at preventing disputes” PD-3741
on May 25, 2018.
3.
Decree of the president of the Republic of
Uzbekistan “Оn measures to radically reform the
notarial system in the Republic of Uzbekistan” №
PD-5816 on September 9, 2019.
4.
Journal of the Federal Republic of Germany
“Poster”. “Ney Uzbekistan – New notary”, July,
2021.
5.
The journal “Notary”, “The renewed notariat
helps to improve the vision of the new
Uzbekistan”, Rome, 2021.
