Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF UZBEKISTAN

of December 26, 1996 No. 343-I

About notariate

(as amended on 25-08-2021)

Section I. Organizational bases of activities of notariate

Chapter 1. General provisions

Article 1. Notariate in the Republic of Uzbekistan

The notariate in the Republic of Uzbekistan is the legal institution designed to provide protection of the rights and legitimate interests of physical persons and legal entities by making by notaries of the notarial actions and directly related actions of legal and technical nature provided by the law.

Notarial actions in the Republic of Uzbekistan are made according to this Law and other acts of the legislation the notaries of offices of notary public and notaries who are engaged in private practice. The register of notaries conducts the Ministry of Justice of the Republic of Uzbekistan.

Notarial actions in the territory of other states are made by consuls of the Republic of Uzbekistan.

Article 2. The notary in the Republic of Uzbekistan

The notary the citizen of the Republic of Uzbekistan can be not younger than twenty five years and at least three years, including with passing of training at least one year in notary office, the passed qualification examination are not more senior than sixty five years, having higher legal education, length of service on legal specialty. For the persons who worked in judgeship at least five years either as the assistant notary or in positions of judicial authorities, connected with management and control of notarial activities, at least three years, passing of training is not required. Persons who worked at least three years as the investigator, the investigator, the prosecutor of managerial personnel of judicial authorities which work is not connected with activities of notariate, or the lawyer pass training of six months if from the moment of the termination of their powers did not pass five years.

Cannot be the notary:

person recognized as incapacitated or is limited by capable;

person having the outstanding or not removed criminal record for making of intentional crime;

person whose powers as the notary, the lawyer, the investigator, the investigator, the prosecutor, the judge or other employee of law enforcement agencies were stopped for making of the acts incompatible with its professional activity, - within three years.

The notary can have the assistant, the trainee, and also other workers connected with the organization of notarial activities.

When making notarial actions notaries have the equal rights and perform identical duties irrespective of whether they work in office of notary public or are the notaries who are engaged in private practice. The documents processed by the notaries of office of notary public and notaries who are engaged in private practice have identical legal force.

To notaries of offices of notary public the special ranks - class ranks are given.

Article 2-1. Assistant notary

The citizen of the Republic of Uzbekistan having legal education can be the assistant notary.

Persons specified in part two of article 2 of this Law cannot be the assistant notary.

Employment of the assistant notary of office of notary public is made by the Ministry of Justice of the Republic of Karakalpakstan, and also justice departments of areas and the city of Tashkent (further - justice departments). Employment of the assistant notary who is engaged in private practice is performed by the notary recommending it in coordination with the relevant territorial administration of Notarial chamber of the Republic of Uzbekistan (further - Notarial chamber).

The assistant notary at the request of the notary has the right to participate in making of notarial actions, to constitute drafts of transactions, statements and other documents, to produce copies and duplicates of documents, statements from them, and also to make explanations concerning making of notarial actions.

To the assistant notary of office of notary public the special ranks - class ranks are given.

Article 2-2. Trainee of the notary

The citizen of the Republic of Uzbekistan having the higher legal education can be the trainee of the notary.

Persons specified in part two of article 2 of this Law cannot be the trainee of the notary.

Employment of the trainee of the notary of office of notary public is made by the Ministry of Justice of the Republic of Karakalpakstan, justice departments.

Employment of the trainee of the notary who is engaged in private practice is performed by the notary fixed by the relevant territorial administration of Notarial chamber according to the recommendation of this management. The unreasonable refusal in employment of the trainee of the notary by the notary who is engaged in private practice is not allowed.

The training takes place in notary office. The trainee of the notary performs the activities under the leadership of the notary, carrying out its personal errands.

The procedure for the organization of activities of the trainee of the notary is determined by the Ministry of Justice of the Republic of Uzbekistan together with Notarial chamber.

Article 3. Oath of the notary

The notary at meeting of the Highest qualification commission under the Ministry of Justice of the Republic of Uzbekistan takes the oath of the following content:

"Solemnly I swear fairly and to honesty fulfill duties of the notary, to strictly observe the Constitution and the laws of the Republic of Uzbekistan".

Article 3-1. Qualification commissions

The qualification commissions under the Ministry of Justice of the Republic of Karakalpakstan, justice departments (further - the qualification commissions) are created for the purpose of consideration of question of suspension and cancellation of the license for the occupation right by private notarial activities (further - the license).

The qualification commissions are formed by decisions of the Ministry of Justice of the Republic of Karakalpakstan, justice departments in odd quantity in structure from five to nine people from among representatives of the relevant territorial administration of Notarial chamber, notaries and employees of judicial authorities.

For carrying out tender to destination to position of the notary of office of notary public and qualification examination on the occupation right private notarial activities, adoptions of the oath of the notary, consideration of appeals on decisions of the qualification commissions, and also generalization and the analysis of practice of work of the qualification commissions form the Highest qualification commission under the Ministry of Justice of the Republic of Uzbekistan (further - the Highest qualification commission) as a part of eleven people.

Judges of the Constitutional court of the Republic of Uzbekistan, the Supreme Court of the Republic of Uzbekistan, representatives of Notarial chamber, notaries and employees of judicial authorities, and also lawyers are part of the Highest qualification commission. The staff of the Highest qualification commission affirms the Minister of Justice of the Republic of Uzbekistan.

The procedure for carrying out tender and passing qualification examination, Regulations on the Highest qualification commission and the qualification commissions affirm the Ministry of Justice of the Republic of Uzbekistan.

Article 4.

No. ZRU-602 is excluded according to the Law of the Republic of Uzbekistan of 14.01.2020

Article 5. Independence and impartiality of the notary

The notary is independent and impartial in the activities and is guided in case of its implementation by the legislation on notariate.

Article 6. Mystery of notarial actions

The notary, other officials making notarial actions and also persons who knew of the made notarial actions in connection with accomplishment of service duties by them is forbidden to disclose the data which became known for it including after the termination of the employment contract.

Data (documents) on committed notarial actions can be issued only to persons, from name or at the request of which these actions are made.

References (data) on committed notarial actions are issued upon the demand of court, prosecutor's office, bodies of inquiry and investigation in connection with the cases which are in their production.

Also are issued by notaries:

to specially authorized state body - references (data) on the committed notarial actions connected with counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction;

to body of the State Tax Service - certificates of the certificate of purchase and sale agreements of real estate, lease agreements of the property and the amount of the rent, and also of property value which is carrying over according to the procedure inheritance or donation of citizens;

to law-enforcement body - certificates of the certificate of powers of attorney on right to use and (or) orders, agreements of alienation, lease, free use, pledge, leasing of automotor-vehicles;

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