October 6, 2018
Decree of the President of the Republic of Uzbekistan No УП-4216 dated 05.05.2010.
On measures on further improvement of the notarial institution in the Republic of Uzbekistan
In the area of protection of citizens’ rights and legal entities a significant role is assigned to the notarial institution, which is called for providing legitimacy of concluded transactions and preventing initiation of conflicts between parties. In the years of independence in the country has been created necessary normative-legal basis of activity of the notariat and formed appropriate right-applicable practice.
Yet, the active notarial system, contemplating functioning private notaries along with state-owned notary public offices, does not facilitate full realization of the entrusted tasks.
Study and analysis of activity of private notaries revealed a negative trend, discrediting the notarial institution.
It should be noted, that during inspections of activity of private notaries have been revealed serious derelictions of regulations established by law and cases of abuse using official power for mercenary purposes.
Chasing the only purpose of receiving profit in practice leads to creating crimogenic situation round private notary offices. Conspiracy between private notaries and realtors and transport dealers has prepared the ground for concentration at private notaries a significant part of transactions and uncontrolled mediatory activity.
As a result, only within the two last years 110 private notaries were brought to responsibility of various extents for admitted derelictions. In particular, license validity of 49 private notaries were suspended or ceased, 61 private notaries were hold disciplinary or criminally liable.
In purposes of further improvement of notarial institution, increasing its role in protection of rights and legal interests of citizens:
- To abolish from 15 May 2010 the system of notaries conducting private practice. For the Ministry of Justice of the Republic of Uzbekistan to provide safety of documentation and archives of notaries conducting private practice.
- For the Cabinet of Ministers of the Republic of Uzbekistan:
– within one week to adopt the order of determination of quantity of notaries per a notarial district;
– to provide foundation of effective network of notary offices and strengthening of material and technical basis thereof;
– within one week to introduce to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan a draft of the law on amendments to legislative acts of the Republic of Uzbekistan on notary;
- To assign supervision of implementing the Resolution to the Prime-Minister of the Republic of Uzbekistan Mirziyoev Sh. M. and the State Councilor of the President of the Republic of Uzbekistan Abdullaev I.B.
The President of the Republic of Uzbekistan I. Karimov.