Balancing State Supervision And Professional SelfGovernance In The Notarial Sphere: Lessons For Uzbekistan From Comparative Law

Abstract

This article examines how authority should be divided between the competent state body and a professional self-governing notarial organization. The question is relevant to Uzbekistan and to civillaw notarial systems generally because the notary simultaneously exercises delegated public authority and practices an independent legal profession. Using doctrinal, functional and comparative methods, the article analyses Uzbekistan's Law on Notariat, the institutional powers of the Ministry of Justice and the Notarial Chamber, and selected arrangements in Germany, France and Estonia. Given recent reforms in Uzbekistan – such as the transition to remote notarial acts via videoconferencing, the integration of audio/video records directly into the unified digital system, and expanded quasi-judicial powers like execution notes for undisputed claims – a unified digital inspection protocol is essential. The article proposes a joint risk register built on the "Notariat" Automated Information System, reasoned referral procedures, data minimization, and judicial review. The model seeks to protect citizens without turning professional monitoring into a parallel state inspection regime. The article moves beyond a descriptive comparison and proposes an operational allocation of powers, information flows, and safeguards that can be translated into legislation and joint administrative procedures.