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Ministry of Justice

Republic of Uzbekistan

On January 4, 2019 No. 3113

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of January 4, 2019 No. 2-mkh

About approval of the Instruction about procedure for making of notarial actions by notaries

(as amended on 24-01-2024)

According to the Law of the Republic of Uzbekistan of October 11, 2018 "About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of system of rendering legal aid and legal services" and the resolution of the President of the Republic of Uzbekistan of April 13, 2018 No. PP-3666 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan" I ORDER to No. ZRU-497:

1. Approve the Instruction about procedure for making of notarial actions by notaries according to appendix 1.

2. Recognize invalid some departmental regulatory legal acts according to appendix 2.

3. Make state registration of this order and to Management of legal examination of government legal decisions and departmental regulations to enter the corresponding record in the State register of departmental regulatory legal acts.

4. To provide to management of state regulation of legal servicing and Management of the analysis and systematization of the legislation bringing this departmental regulatory legal act to data of all interested persons, publication in "Ўзбекистон Respublikasi Konun of t¸plama huzhzhatlara" - "Collection of the legislation of the Republic of Uzbekistan", and also in the National database of the legislation of the Republic of Uzbekistan.

5. This order becomes effective from the date of its official publication.

6. To impose control of execution of this order on the deputy minister A. Tashkulov.

Minister

R. Davletov

Appendix 1

to the Order of the Minister of Justice of the Republic of Uzbekistan of January 04, 2019 No. 2-mkh

The instruction about procedure for making of notarial actions by notaries

This Instruction determines procedure for making of notarial actions by notaries.

Chapter 1. General rules of making of notarial actions

1. According to article 23 of the Law of the Republic of Uzbekistan "About notariate" (further - the Law) notaries make the following notarial actions:

certify transactions;

certify wills;

grant certificates on the property right to share in common property of spouses;

grant certificates on the right to inheritance;

take measures to protection of heritable property;

perform functions of mediator;

witness fidelity of copies of documents and statements from them;

witness fidelity of transfer of documents from one language on another;

witness authenticity of the signature on documents;

grant certificates on real estate acquisition from the public biddings;

certify the fact of finding of the citizen in live;

certify the fact of finding of the citizen in certain place;

certify the fact of decision making of the legal entity by governing body;

provide proofs;

certify identity of the citizen with person represented in the photo;

certify time of production of documents;

certify time of representation of object of the author's and related right;

certify identical legal force of the electronic document with the document in paper form;

transfer statements and (or) other documents of physical persons and legal entities to other physical persons and legal entities;

accept sums of money and securities in the deposit;

accept documents on storage;

show checks to payment and certify non-payment of checks;

make executive texts;

make protests of bills of exchange;

make ship's protests;

issue duplicates of notarially certified documents and the statement from registers.

Notaries can make and other notarial actions, stipulated by the legislation.

When making notarial actions by notaries means of audio-and video fixing can be used.

2. Notaries have no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouses, their and relatives (parents, children, grandsons, brothers and sisters), addressed to and on behalf of persons, related owing to guardianship, guardianship.

In such cases notarial actions are made in other notary office. In cases when according to the legislation notarial actions shall be made in certain notary office, the place of making of notarial action is determined based on written specifying of the Ministry of Justice of the Republic of Karakalpakstan, justice department of areas and the city of Tashkent (further - territorial administrations of justice).

3. The notary identifies the personality of the notarial actions (their legal representatives, and also guardians and custodians) which addressed for making and representatives of legal entities.

The identity of the citizens who addressed for making of notarial actions is established based on the following documents:

the identity of citizens of Uzbekistan - the passport (the identification ID card) of the citizen of the Republic of Uzbekistan;

the identity of the citizens who did not reach 16 years - the certificate of birth;

the identity of the military personnel - the identity certificate issued by command of military units and military organizations or the military ID (except for military IDs of persons liable for call-up of citizens);

the identity of foreign citizens - their national passport (according to the legislation foreign citizens shall be registered by relevant organs of internal affairs) or the residence permit in the Republic of Uzbekistan (the identification ID card) either the diplomatic passport or the accreditation card certifying passing of accreditation in the Republic of Uzbekistan;

the identity of the citizens of Uzbekistan who are constantly living abroad and staying on the consular registry - the biometric passport of the citizen of the Republic of Uzbekistan for trip abroad;

for the stateless person - the residence permit in the Republic of Uzbekistan (the identification ID card).

In case of identification of the citizen who addressed for making of notarial action, and also legal capacity of the legal entity the notary uses the appropriate information resources.

3-1. When making notarial actions personal identification number of physical person (further - PINFL) the following persons shall be entered into the automated information system "Notary" (further - System):

the citizens having the biometric passport (the identification ID card) of the Republic of Uzbekistan;

the foreign citizens and stateless persons having the residence permit in the Republic of Uzbekistan (the identification ID card);

the foreign citizens and persons without citizenship who are temporarily living in the territory of the Republic of Uzbekistan and having PINFL;

the citizens who did not reach 16 years having PINFL.

In the absence of PINFL at the citizens who did not reach 16 years series and number of their certificate of birth are entered into system.

Requirements of this Item are not applied to foreign citizens who according to the legislation have the right of real estate acquisition in the territory of the Republic of Uzbekistan without residence permit (the identification ID card) and registration in the place of permanent residence.

Identification taxpayer number (further - INN) the legal entity shall be entered into System.

4. The notary determines capacity to act of the physical person who addressed for making of notarial action, in case of personal contact.

If the notary has bases (suspicion) to consider that the addressed person owing to mental disturbance or weak-mindedness cannot understand values of the actions or manage them or owing to abuse of alcoholic drinks or narcotic and psychotropic substances puts the family in difficult financial position, and data on recognition of such citizen incapacitated or is limited by capable is not available whether the notary postpones making of notarial action and checks through System there is judgment about recognition of the citizen incapacitated or is limited by capable.

If when making notarial action the notary has bases (suspicion) to consider that the participating persons are under pressure or in condition of heat passion, the notary postpones making of notarial action and in case of need reports law enforcement agencies.

If the specified person is recognized by court incapacitated, the notary issues the decree on refusal in making of notarial action. The notary shall explain to the party not concordant with this resolution, the right to appeal to the court.

If the specified person is recognized by court is limited capable, the notary when making notarial action requires the consent of the custodian of person recognized restrictedly as capable.

5. When making notarial actions with participation of legal entities by notaries their legal capacity is checked. During check of legal capacity of legal entities the notary shall study through System constituent documents of the legal entity, and also check that it underwent state registration in the procedure established by the legislation and the made notarial actions correspond to their constituent documents.

At the same time the constituent documents of the legal entity and the certificate on state registration of the legal entity received by the notary through System when checking legal capacity of the corresponding legal entity are stored in System.

6. Notarial actions are made in premises of notary offices.

When making notarial actions out of premises of notary office in certifying text of the document the address of the place of making of notarial action is specified, process of making of notarial action and signing is subject to obligatory audio-and video fixing.

7. According to article 11 of the Law in the Republic of Uzbekistan notarial actions are performed in state language. Upon the demand of citizens the text of the processed document is issued by the notary in Russian or, in the presence of opportunity, in other acceptable language.

If notarial action is made in language which the addressed person does not understand or does not know well, the text of the document can be orally translated by the translator invited by the notary or the addressed person. At the same time in the text of the document and in certifying text it shall be specified who made transfer, the name of the identity document, its number, date of issue and the name of the body which issued the document and also about explanation of the text of the document. In that case the addressed person writes down the name, surname, middle name completely in language which it knows, and puts down the signature.

8. Notarial actions are signed addressing in the presence of the notary and on the special device prints at least two of their fingers are scanned.

If the citizen owing to physical defects, disease, illiteracy or for any other reasons cannot sign with own hand the transaction, the application or other document, then on its order, at its presence and in the presence of the notary the transaction, other citizen can sign the statement or other document, at the same time in the text of the document and in certifying text the reasons owing to which the document could not be signed with own hand by the citizen who addressed for making of notarial action shall be written down. In such cases when making notarial actions means of audio-and video fixing are used.

If the citizen who addressed for making of notarial action, illiterate, blind or for any other reasons cannot see clearly, and also because of disease cannot read the transaction, the statement or other document, then the notary reads aloud to it the text of the document and makes about it record in the text of the document and in certifying text.

If the citizen having the physical defect connected with surdomutism addresses for making of notarial action (deaf-and-dumb, deaf, hard of hearing), and it is illiterate, then when making notarial action there shall be signer who can communicate with the citizen and certify the signature that contents of the transaction, the statement or other document correspond to will of this citizen.

In case of the request for making of notarial actions of the competent capable citizen having the shortcoming connected with surdomutism (deaf-and-dumb, deaf, hard of hearing), the transaction, the statement or other document can be signed by him and the signer.

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