Regulatory Policy
DOI: 10.21070/ijppr.v8i0.148

Content of elections and election legislation in Uzbekistan


Khorezm Law College
Uzbekistan
Khorezm Law College
Uzbekistan
Khorezm Law College
Uzbekistan
election legistlation code voting partliament citizen

Abstract

In this article it is aimed that to clarify and manifestate the election types and election legislation,also some news which are happening in election system.Besides, here are given some information about the code of elections in the Republic of Uzbekistan.

Introduction

The election system of some kind of country is so important and the most essential political process that every country has to legislate the rules and establishments according to that. In Uzbekistan,it is also the main one.When it came to election system and legislation of it, firstly,it is much considerable and worthy for saying that the Address of the President of the Republic of Uzbekistan to the Oliy Majlis on December 22, 2017 said that the electoral legislation, which is important in the political life of the country, has not yet been formulated as a single document, although it has a number of laws and regulations. Development and adoption of the Electoral Code of the Republic of Uzbekistan, corresponding to the norms and standards.

The law was adopted by the Legislative Chamber on February 18, 2019, and approved by the Senate on February 28, 2019. The law came into force on June 26. The electoral code consists of 18 chapters and 103 articles.

Electoral legislation:

1. The Constitution of the Republic of Uzbekistan

2. Election Code.

3. Administrative Responsibility Code.

4. Administrative Code.

5. Criminal Code.

6. It is regulated by the normative acts adopted and approved by the Central Election Commission.

About the election of the President of the Republic of Uzbekistan

On guarantees of citizens' suffrage about the Central Election Commission of the Republic of Uzbekistan

Elections to the Oliy Majlis of the Republic of Uzbekistan

Five electoral laws, such as the elections to provincial, district and city councils of people's deputies, have been united into a single election code and have been invalidated.

The Code provides for the following innovations:

• The quota institute for representatives of the Ecological Movement was abolished in the Legislative Chamber;

• The procedure for nominating self-nominated candidates to district (city) Councils of People's Deputies was abolished;

• The procedure for maintaining a single voter register is regulated by law, so voters can access the necessary information on the official website of the Central Election Commission;

• The voter has the opportunity to put one of the several symbols (+, √, x) on the ballot;

• Early voting was cancelled;

• Voters had the opportunity to sign in favor of multiple parties in collecting signatures by political parties;

• Polling station precinct election commission's protocol of vote counting was established for public discussion no later than 48 hours;

• Specific actions of precinct election commissions after the completion of the voting process (counting, compilation of protocols, interaction with district election commissions, etc.) are envisaged;

• It has been established that more than half of PEC members may not be recommended by the same organization;

• The procedure for receiving proposals from public associations and organizations on the nomination of PEC members discussed and recommended at district (city) Councils of People's Deputies;

• Establishing a maximum of 10 percent threshold in the constituencies during the formation of constituencies;

• Citizens' right to participate in elections to self-governing bodies as observers;

• In the case of simultaneous elections to the Legislative Chamber and local Keneshes, the district election commissions for the election of deputies of the Legislative Chamber established the procedure for the establishment of single polling stations;

• Voting time is 08:00 to 20:00 is marked.

Main part

The Electoral Code also eliminates the restrictions on the participation of persons in places of detention for serious crimes and minor crimes.

In addition, the rules governing the nomination of candidates by the self-governing bodies for district (city) councils of people's deputies. Thus, political parties have the exclusive right to nominate candidates to provincial, district and city councils of people's deputies.

Consequently, the existing electoral legislation poses some difficulties in law enforcement. To be more precise, most of the procedures for organizing and conducting the election process are governed by a number of laws, many of which are duplicated, and some of the most important issues are not at the legislative level, but with the relevant provisions of the CEC. The fact that they were labeled with their books was causing some inconsistencies and contradictions between them.

At the same time, some provisions of the election legislation are not fully consistent with the current requirements and international practices for the organization and conduct of democratic elections. For example, at a time when parliament was created equal conditions for all political forces, allocation of seats to the representatives of the Ecological Movement of Uzbekistan in the lower house of parliament undermined their quota.

In drafting the electoral code, the national and international principles were taken into account

Based on the best international standards, the draft electoral code was developed and adopted in the shortest time in the history of independent Uzbekistan.

During the preparation of the draft Election Code, the electoral legislation was fully enforced. In our country, the accumulated practice of organizing the elections is summarized. The rich experience of developed countries has been studied, and on the basis of their positive results a large-scale work on the development of effective, popular norms.

This Code contains 5 separate laws ("On elections of the President of the Republic of Uzbekistan", "On guarantees of citizens' voting rights", "On elections to the Oliy Majlis of the Republic of Uzbekistan", " Decisions on the organization and conduct of elections to the provincial, district and city councils of the deputies ”,“ On the Central Election Commission of the Republic of Uzbekistan ”and the Central Election Commission. It contained a single law.

It should be noted that the experience of more than 50 leading foreign countries in the preparation of the draft electoral code was studied.

At the same time, analysis of the electoral legislation and experience of foreign countries shows that currently, electoral codes are adopted in some 40 countries, including France, Belgium, Brazil, Belarus and Azerbaijan.

It is noteworthy that in recent years, many countries, including the Czech Republic, the Russian Federation and Kazakhstan, have increased their efforts to systematize electoral legislation in a unified code.

The Electoral Code has been subject to five rounds of discussion and review. In particular, it was posted on the discussion platform of the draft laws and regulations of the Republic of Uzbekistan, followed by a lively discussion among civil society institutes, scientific expertise, experts, experts, election commissions and local councils of people's deputies. As a result, more than 400 comments and suggestions were received.

It is noteworthy that for the first time the electoral code has been internationally reviewed. Proposals on the draft electoral code were discussed at an international conference held in Bukhara on 16-17 November 2018 with the participation of international experts. The draft code was reviewed and recommended by international organizations such as the OSCE Office for Democratic Institutions and Human Rights, the Shanghai Cooperation Organization, the Commonwealth of Independent States, the World Association of Electoral Bodies, the Organization of Islamic Cooperation, the Venice Commission of the Council of Europe. , most of which were taken into account.

The Election Code prepared on this basis was signed by the President of the Republic of Uzbekistan and officially came into force.

What are the key innovations in the electoral code?

The electoral code, which reflects all international standards, consists of two parts, 18 chapters, 103 articles, and is further improved by new rules and regulations that were not previously available in our electoral legislation:

- abolished the order of allocation of seats in the Legislative Chamber for representatives of the Ecological Movement of Uzbekistan, while preserving the seats in the Legislative Chamber (150 seats);

- The procedure for maintaining a single voter register was legally established, the ballot paper was abolished by the introduction of a single document - ballot paper, which allowed for early voting and voting on election day;

- a procedure for consideration of appeals of physical and legal persons on the organization, conduct and announcement of the results of elections was introduced;

- the voter was given the opportunity to sign in support of several candidates or parties in the process of collecting signatures by political parties;

- it is noted that a voter may put a + or X or X in the empty box to the right of the candidate's surname in favor of the candidate;

- the procedure of immediate hanging of copies of the precinct election commission protocol for counting of votes at the polling station for not less than 48 hours was introduced for public familiarization;

- Provided that the maximum possible difference in the number of voters in the formation of constituencies during the election to representative bodies of government does not exceed 10 percent;

- Candidates for members of the precinct election commission are proposed by citizens' self-government bodies, public associations, enterprises, institutions and organizations, which are to be discussed at the meetings of district, city (town) Councils of People's Deputies and submitted for approval to the respective electoral commission. caught;

- In the event of elections to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and local councils, it is planned to create a single polling station;

- The procedure for electing members of the Senate of the Oliy Majlis of the Republic of Uzbekistan is established by law;

- requirements for election commissions of all levels (twenty-one years of age, with secondary or higher education, as a rule, experience in preparing and holding elections) Citizens who have earned a reputation among the population can be members of the provincial, district and city election commissions, district and precinct election commissions);

- Candidates for membership in the precinct election commission are proposed by citizens' self-government bodies, public associations, enterprises, institutions and organizations, which shall be discussed at the meetings of district, city (town) councils of People's Deputies and submitted for approval to the respective district election commission. the procedure is established;

- It is envisaged that the members of the Central Election Commission will have immunity provisions applied to deputies of the Legislative Chamber and members of the Senate.

This year's elections will be held in accordance with the Electoral Code

This year is the election year. The December election will be organized and held at a high level under the new code.

It should be noted that the electoral code has been radically revised based on national practice, international and foreign experience. Dispersed uniform legislation enriched with new meaning.

Therefore, to ensure openness and transparency in the electoral process, it is important to inform the general public about changes in the electoral legislation in the country and their meaning and importance.

At the same time, it is necessary to familiarize members of the election commissions and working groups at all levels with the new provisions of the Code. At the same time, it is important to have meetings and series of presentations on the Code of Conduct for journalists. At the same time, ensuring the effective use of information and communication technologies in the election management information system is also a priority.

Conclusion

In conclusion, the Electoral Code of the Republic of Uzbekistan provides a solid legal basis for consistent implementation of international norms and standards, unification of electoral legislation, elimination of inconsistencies and collisions, and most importantly, implementation and protection of citizens' electoral rights.

References

  1. The Constitution of the Republic of Uzbekistan.2019-new edition
  2. The Codex of the Republic of Uzbekistan -Ministry of Justice the Republic of Uzbekistan T:''ADOLAT''2019.
  3. Kang, Michael S. and Burden, Barry C., Sore Loser Laws in Presidential and Congressional Elections (February 1, 2018). Routledge Handbook of Primary Elections (2018). Available at SSRN: https://ssrn.com/abstract=3410165
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  6. H Frank, Easterbrook, R Daniel, Fischel The Corporate Contract, 89 COLUM. L. REV. 1416, p. 1418 - 1440
  7. Posted: 1989