ANALYSIS OF THE PRACTICE OF APPLYING THE LAW ON COMPULSORY PROFESSIONAL LIABILITY INSURANCE

Аннотация

INTRODUCTION representing the interests of all members, when Although professional liability insurance is not concluding an insurance contract, concluding a widespread in our country, it is becoming professional liability insurance contract (Denmark, mandatory for some industries. For example, the USA, Belgium, Sweden, Quebec Province (Canada)). second part of Article 7 of the Law "On Notaries" For example, the Quebec Provincial Order of states that "A notary engaged in private practice is Notaries, through its rules and standards of not entitled to carry out his activities without professional practice, enables its members to concluding a contract for compulsory civil liability provide high-quality services to each community insurance." engaged in notarial activities. However, despite all In world practice, there are various systems of the control mechanisms in place in the provision of professional liability insurance for notaries, which these professional services, professional errors can be systematized into three types. that may cause harm to third parties cannot be The first type is individual insurance, in which the completely ruled out. In order to protect the public notary himself applies to an insurance company and to be able, if necessary, to compensate them for (Germany, Finland, the Netherlands, Japan, Brazil). the damage caused, the Quebec Code of Professional Conduct requires all members of the The second type is self-insurance, that is, notaries professional order to have professional liability are united by mutual insurance societies (Canada, insurance for notaries. There are various options Great Britain, South Africa, Australia). for such insurance for members of professional The third type - a notary chamber (order of orders. The Order of Notaries of the Province of notaries, notary insurance fund) enters into a Quebec has created a professional liability relationship with an insurance company, insurance fund for notaries. Membership in the https://www.theamericanjournals.com/index.php/tajpslc 34 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 Foundation is mandatory for every notary. The practical skills that are not covered by the general assets of the insurance fund are separate property standard of higher legal education. Typically, these and belong to all notaries; they are intended only stages include: first degree - law degree, second for professional liability insurance [1]. level - diploma in notary law; third stage - internship in notary offices; The fourth stage is In Uzbekistan, professional liability insurance for continuous professional development[2]. notaries is usually carried out according to the first type of system, that is, each private notary must A person wishing to engage in notarial activities in insure his professional liability with an insurer Uzbekistan must be a citizen of Uzbekistan, have a with an appropriate license. We will consider the complete higher legal education, know the state features of the professional activities of a notary, language, have at least three years of work the requirements for a person wishing to engage in experience in the field of law, including at least one notarial activities, and define the concept and year as a notary assistant or consultant in a state conditions for the initiation of a notary's notary office, pass a qualification exam, and receive professional liability. According to the legislation a certificate of the right to engage in notarial on notarial acts, notarial acts are performed by activities. A person who has a criminal record, has notaries in state notary offices and notaries been declared legally incompetent or has been engaged in private practice. declared incompetent by a court cannot be a notary. In addition, a notary may not engage in The professional activity of a notary is entrepreneurship, advocacy, be the founder of bar distinguished by a number of features, in associations, serve in the civil service or local self- particular: government bodies, as part of other legal entities, 1) A notary works in the field of evidentiary law and also perform other paid work, except for and is involved in presenting qualified evidence in teaching, scientific and creative activities. He must a case. Notarial acts have special evidentiary force, also comply with the standards of professional an example of which is the norm of Article 112 of ethics set forth in the Code of Ethics for Notaries[3]; the Civil Code, according to which if the 4) A notary performs state legal functions on behalf requirements of the law on notarial certification of of the state, which reflects his legal status as a a unilateral transaction are not met, such a person in the service of the state and society; transaction is deemed invalid. The FC here establishes that such a transaction is invalid if the 5) Notaries engaged in private notarial activities in parties do not comply with the requirement