RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 2, 2010 No. 104

About measures for implementation of the Presidential decree of the Republic of Uzbekistan of May 5, 2010 No. UP-4216 "About Measures for Further Enhancement of Institute of Notariate in the Republic of Uzbekistan"

In pursuance of the Presidential decree of the Republic of Uzbekistan of May 5, 2010 the No. UP-4216 "About Measures for Further Enhancement of Institute of Notariate in the Republic of Uzbekistan" Cabinet of Ministers decides:

1. Take into consideration that since May 15, 2010 notarial actions in the territory of the Republic of Uzbekistan are performed by the notaries working in offices of notary public.

2. Determine that the amounts of the state fee collected for making of notarial actions are distributed in the following procedure:

75 percent - in budget receipt of areas and cities;

15 percent - on forming of off-budget fund of development of bodies and organizations of justice;

At the same time these funds can be allocated by the Minister of Justice of the Republic of Uzbekistan in coordination with the Ministry of Finance of the Republic of Uzbekistan also for covering of negative difference between the income and expenses of off-budget fund of development of bodies and organizations of justice.

3. Approve Regulations on procedure for determination of number of notaries in the notarial district according to appendix No. 1.

4. To the Ministry of Justice of the Republic of Uzbekistan:

provide the termination in accordance with the established procedure to activities of offices of the notaries who are engaged in private practice and acceptance from them the corresponding materials and archives;

take measures for forming of the effective network of offices of notary public covering all regions of the republic and providing convenient access for citizens;

form the notarial archives under the Ministry of Justice of the Republic of Karakalpakstan, justice departments of areas and the city of Tashkent (further - notarial archives) providing storage of materials of notarial clerical work and provision of references and copies of archive documents to legal entities and physical persons;

provide until the end of 2010 creation and the organization of work in regions of the republic in addition of 220 offices of notary public according to appendix No. 2;

staff on centralized competitive basis again opened notary offices by highly qualified specialists;

together with the Central bank of the Republic of Uzbekistan and commercial banks in two-month time to provide equipment of offices of notary public with settlement terminals on acceptance of payments from bank plastic cards and cash registers;

in two-month time to develop and introduce to the Cabinet of Ministers the draft of the program of measures for strengthening of material and technical resources of offices of notary public and notarial archives providing creating favorable conditions for receipt of qualified legal aid by physical persons and legal entities and also providing mystery of notarial actions, safety of documents and archive materials.

5. In a month to provide to Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent, the centers of lease of state-owned property under the State Property Committee of the Republic of Uzbekistan newly created notary offices and notarial archives with the rooms meeting the established requirements in location, convenient for servicing of citizens.

6. Determine sources of financing of offices of notary public, notarial archives and selling expenses of the actions provided by this resolution instead of direct budget financing:

assignments from the amounts of the state fee collected by notaries for making of notarial actions;

receipts for the additional actions of legal and technical nature made by notaries of offices of notary public;

the amounts of the payments levied by notarial archives for issue of duplicates of notarially certified documents, statements from registers and also provision of references and copies of archive documents to legal entities and physical persons;

part of the means arriving from the stamp tax;

means of off-budget fund of development of bodies and organizations of justice.

Take into consideration that expenses of offices of notary public and notarial archives are performed through Treasury of the Ministry of Finance of the Republic of Uzbekistan.

7. Keep the right for the Minister of Justice of the Republic of Uzbekistan:

approve the amount of payment for the additional actions of legal and technical nature made by notaries of offices of notary public approved from now on with the Ministry of Finance of the Republic of Uzbekistan;

accumulate in the Ministry of Justice part of the funds arriving on treasurer personal accounts of judicial authorities in the amount of 10 percent from the amounts of the state fees collected for making of notarial actions with the target direction of funds for financing of actions for enhancement of activities of notary offices and notarial archives and also covering of lack of own means of certain regions for content of notary offices and notarial archives.

8. To the Ministry of Justice of the Republic of Uzbekistan:

carry out through mass media broad explanatory work among the population about the taken measures for enhancement of notarial activities, and also procedure and the place of receipt of the documents processed by the notaries who were engaged in private practice;

together with the Ministry of Labour and Social Protection of the population and the Ministry of Finance of the Republic of Uzbekistan in two weeks to develop and approve updated Procedure for financing of activities of offices of notary public and notarial archives, having provided the effective mechanism of material stimulation of their workers depending on qualification of specialists, high-quality accomplishment by them of the obligations, amount of the made notarial actions, additional actions of legal and technical nature and the amounts of the collected state fees;

in coordination with the Ministry of Finance of the Republic of Uzbekistan to approve the number of staff of the formed notarial archives and the amount of the payments for provision of references and copies of archive documents levied by them to legal entities and physical persons in a month;

together with the Ministry of Internal Affairs of the Republic of Uzbekistan and other interested ministries and departments in three-months time to make in the Cabinet of Ministers offers on creation of the automated database on alienation prohibitions, arrest of real estate and automotor-vehicles, the capacity to act of citizens providing access for notaries.

9. Make changes to some decisions of the Government of the Republic of Uzbekistan according to  appendix No. 3.

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