American Journal Of Social Sciences And Humanity Research
85
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VOLUME
Vol.05 Issue02 2025
PAGE NO.
85-88
10.37547/ajsshr/Volume05Issue02-21
Issues of filling the gaps in the legislation on the election
of the chairman of the people's assembly of the republic
of karakalpakstan
Ismailov K. K.
Doctoral student at Karakalpak State University, Uzbekistan
Received:
24 December 2024;
Accepted:
26 January 2025;
Published:
28 February 2025
Abstract:
This article provides for the abolition of the procedure of obtaining the consent of the mayors of the
districts and cities to the holding of elections to the post of chairman of a local council, the change of the term of
office of the chairman of a local council from three to five years, the establishment of the constitutional status of
local councils as an institution of civil society, and the amendment and addition of the relevant chapters of the
Constitution.
Keywords:
The law on local self-government bodies, the law on the election of a chairman, the institution of civil
society.
Introduction:
The legislation of the Republic of
Karakalpakstan creates the necessary opportunities for
the establishment, formation and development of
citizens' assemblies by the organs of state power and
administration and does not allow interference in their
activities. In addition, the organs of state power and
administration shall assist citizens in exercising their
rights to self-government.
Changes in the mahalla can be seen in our reforms. One
of the seven priority directions of Uzbekistan's
development strategy for 2022-2026 is to build a
humane state by enhancing human dignity and further
developing a free civil society. President Sh.
Mirziyoyev: 'When we talk about human dignity, we
mean the creation of decent living conditions and
modern infrastructure for every citizen, provision of
qualified medical services, quality education, social
protection system and healthy ecological environment.
In order to achieve this goal, we want to effectively use
the potential of the Mahalla, which is a unique
democratic structure in the world, to further expand its
powers and ultimately make the Mahalla a crucial link
in our society. If there is peace in the mahalla, there is
peace in the country. He used to say that when the
mahalla prospers, the whole country prospers [1].
In the Republic of Karakalpakstan, the system for
electing the Chairman of the House of Peoples has a
legal basis at the constitutional level. For example,
Article 99 of the Constitution of the Republic of
Karakalpakstan states: 'In settlements, kishlaks, as well
as in the mahallas belonging to them and in the
mahallas of cities, the citizens' assemblies are self-
governing bodies that elect a chairman (aksakal). The
procedure for the election of self-government bodies,
the organisation of their activities and the scope of
their powers are regulated by law" [2, 48].
The organisation and conduct of the election of the
Chairman of the Citizens' Assembly is regulated by the
Law of the Republic of Karakalpakstan "On Election of
the Chairman of the Citizens' Assembly" [3], adopted
on 27 March 2019.
According to article 10 of the Law of the Republic of
Uzbekistan "On election of the Chairman of the House
of Citizens" [4] "The conditions for election of the
Chairman of the House of Citizens shall be determined
by the Kengash of the Senate of the Oliy Majlis of the
Republic of Uzbekistan at least two months before the
elections. The Kengash of the Senate of the Oliy Majlis
of the Republic of Uzbekistan shall determine the terms
and procedure of preparatory activities for the election
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American Journal Of Social Sciences And Humanity Research (ISSN: 2771-2141)
of the Chairman of the House of Citizens. According to
Article 10 of the Law on the Election of the Chairman of
the Citizens' Assembly of the Republic of
Karakalpakstan, the date of the election of the
Chairman of the Citizens' Assembly is determined by
the relevant div at least two months before the
elections. It can be observed that the highest
representative bodies of state power are directly
involved in determining the conditions for organising
and holding the election of the Chairman of the
Citizens' Assembly and in creating its legal basis.
In organising and holding the election of the chairman
of a citizens' assembly, state bodies shall assist citizens'
assemblies and, if necessary, provide them with
premises, transport and means of communication.
According to the decision of the Kengash of the Senate
of the Oliy Majlis of the Republic of Uzbekistan of 16
March 2022 on the preparation and holding of
elections of chairpersons (aksakals) of citizens'
assemblies, elections of chairpersons of citizens'
assemblies were held in May 2022. In accordance with
this decision, the Decree of the Presidium of the
Supreme Council of the Republic of Karakalpakstan "On
Preparing and Holding Elections of Chairpersons
(aksakals) of Citizens' Assemblies" was adopted [6]. On
the basis of this decision, elections were held for the
chairpersons of 424 local assemblies in the Republic of
Karakalpakstan.
The Commission of the Republic of Karakalpakstan to
facilitate the organisation and conduct of elections of
chairpersons of citizens' assemblies is established by
the Jokargy Kenes of the Republic of Karakalpakstan.
The Commission directly includes representatives of
the Karakalpak Republican Department of the Union of
Mahallas of Uzbekistan. In addition, the Republican
Commission includes deputies of the Jokargy Kenes and
members of the Senate, representatives of state
bodies, non-governmental non-profit organisations,
scientific and other organisations.
The Republican Commission for Assistance to the
Organisation and Conduct of Elections of the Chairmen
of the Citizens' Assemblies provides practical assistance
in ensuring all legal and regulatory acts relating to the
electoral process, conducting explanatory work on
electoral issues, ensuring citizens' participation in the
elections, considering their appeals, agreeing on the
results of the elections and, in general, ensuring legality
during the elections.
Article 16 of the Law of the Republic of Karakalpakstan
"On Election of the Chairman of the House of Citizens"
[7] defines the procedure for nominating candidates
for the post of Chairman of the House of Citizens. On
the basis of this norm, candidates for the position of the
Chairman of the Citizens' Assembly shall be nominated.
This means that the working group will carry out the
following stages:
✓
takes into account the opinion of
citizens permanently resident in the area;
✓
Prepares documents relating to
candidates for the position of Chairman of the Citizens'
Assembly.
✓
Submits candidates' documents to the
relevant commission for approval by the district (city)
khokim at least ten days before the election.
The khokim of the district (city) examines the
documents of the candidates nominated for the post of
chairman of the citizens' assembly and sends his
reasoned conclusions on these candidates to the
relevant commissions for subsequent submission to
the working groups.
The nomination of worthy candidates for the position
of Chairman of the Citizens' Assembly in the elections,
as well as ensuring the openness and publicity of the
elections, depends first and foremost on the effective
work of the republican, city and district mediation
commissions and working groups.
Candidates for the post of Chairman of a Citizens'
Assembly must, as a rule, be citizens of the Republic of
Uzbekistan, have a higher education, have been a
permanent resident of the respective territory for at
least five years prior to the direct election, have work
experience in state bodies, non-governmental non-
profit
organisations
or
in
the
sphere
of
entrepreneurship and economic activity, have life
experience, and have authority in the family and among
the population.
Moreover, the honourable title of "Aksakal" can be
acquired only by those who have a good understanding
of the domestic and foreign policy of the President and
the Government of the Republic of Uzbekistan, of the
reforms carried out in our country, who communicate
them to the people, who know the situation in the
mahalla, relevant problems and modern information
technologies, who strive for innovation and, above all,
who have the full will and all-round ability to work in
the position of the Chairman of the People's Assembly.
In the 2022 elections in the Republic of Karakalpakstan,
working groups were formed in 424 mahallas,
consisting of 3,920 members. The working groups
included representatives of enterprises, institutions,
non-governmental non-profit organisations located in
American Journal Of Social Sciences And Humanity Research
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American Journal Of Social Sciences And Humanity Research (ISSN: 2771-2141)
the territory, as well as deputies of district councils of
people's deputies.
On 16-30 May 2022, elections were held in all regions
of the Republic of Karakalpakstan for the chairpersons
of the Citizens' Assemblies.
It was expected that 133,670 representatives would
take part in the elections, and 110,656 of them did,
which is 82.3 per cent of the total. This indicator
undoubtedly testifies to the attentive participation of
our people in this political process, as well as to the fact
that the elections to all the Citizens' Assemblies were
held in accordance with the requirements of the
legislation in force, at a high organisational level and on
the basis of the principles of alternative and equal
suffrage.
Of the 424 mahalla chairpersons deemed eligible, 244
(57.6 per cent) were elected as first-time mahalla
chairpersons and 180 (42.4 per cent) were elected as
incumbent mahalla chairpersons.
In Bozatau and Nukus districts, 80 percent of the
elected candidates, in Kanlykul district 91 percent and
in Khojeyli district 100 percent of the elected
candidates were elected as mahalla chairmen for the
first time. As you can see, according to the election
results, 91 percent of the elected candidates in Kanlikul
district and 100 percent of the elected candidates in
Khojaili district were elected as mahalla chairmen for
the first time. This raises the question of whether the
previous mahalla chairmen in these districts were
unable to do their job properly, to win the confidence
of the people or the hokim. I believe that holding
elections on such a percentage basis does not reflect
reality.
In this regard, the established legal norm on the
preparation and coordination of the documents
concerning the candidates for the post of the chairman
of the Citizens' Assembly with the Khokim of the district
(city) does not comply with the legislation. We should
pay attention to its constitutional norms in this matter.
Chapter XXI of the Constitution, as amended on 30 April
2023, is entitled "Fundamentals of Local Government.
Bodies of local self-government" [8]. According to its
127th article, the bodies of local self-government shall
not be part of the system of organs of state power.
Article 69 of the Constitution stipulates that local
government bodies are the basis of civil society
institutions. On the basis of these new legal norms, the
specific legal status of local self-government bodies as
institutions of civil society is defined.
Given the fact that citizens' self-governing bodies are
the basis of the institution of civil society, I consider it
necessary to abolish the procedure for obtaining the
consent of the district (city) khokim to the position of
chairman of a citizens' assembly. In addition, the term
of office of the chairman of a town meeting should be
changed from three to five years. During the five-year
period, the chairman of the assembly will be able to
fully implement the plan outlined in his programme
and, together with the 'Makhalla Seven', study all the
problems in the region and find ways to solve them.
According to Article 86 of the Constitution, "the
Constitution of the Republic of Karakalpakstan shall not
contradict the Constitution of the Republic of
Uzbekistan". Constitution of the Republic of
Karakalpakstan According to Article 15, 'In the Republic
of Karakalpakstan, the unconditional supremacy of the
constitutions and laws of the Republic of Uzbekistan
and the Republic of Karakalpakstan is recognised.
CONCLUSION
In conclusion, on the basis of the above-mentioned
norms, it is necessary to clarify the legal status of
citizens' self-governing bodies in the constitutional
space. In particular, it is advisable to change the title of
Chapter XIII of the Constitution of the Republic of
Karakalpakstan "Public associations" to "Institutions of
civil society". Article 54 of the Constitution of the
Republic of Karakalpakstan requires a definition of the
constitutional status of citizens' self-governing bodies
as institutions of civil society.
In addition, the Constitution of the Republic of
Karakalpakstan Chapter XXI is entitled "Fundamentals
of local government. Bodies of local self-government'.
This clarifies the legal nature of citizens' self-
government bodies. It is necessary to bring Article 99 of
the Constitution into line with Article 127 of the
Constitution. This amendment will serve to harmonise
the constitutions of the Republic of Karakalpakstan and
the Republic of Uzbekistan.
REFERENCE
Shavkat Mirziyoyev Development Strategy of the New
Uzbekistan 'Uzbekistan-
Т., 2022. P. 95
Constitution of the Republic of Karakalpakstan. N.:
'Karakalpakstan', 2021, p. 48.
Law of the Republic of Karakalpakstan "On Election of
the Chairman of the Citizens' Assembly", 27.03.2019
No. 239/XXV.
https://www.lex.uz/acts/3988421.
5. Decision of the Kengash of the Senate of the Oliy
Majlis of the Republic of Uzbekistan No. PK-320-IV of
16.03.2022 "On preparation and holding of elections of
chairmen (aksakals) of citizens' assemblies".
Decree of the Presidium of the Supreme Soviet of the
Republic of Karakalpakstan No. 639 of 24 March 2022
American Journal Of Social Sciences And Humanity Research
88
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American Journal Of Social Sciences And Humanity Research (ISSN: 2771-2141)
"On Preparation and Holding of Elections of Chairmen
(Aksakals) of Citizens' Assemblies".
Law of the Republic of Karakalpakstan "On Election of
the Chairman of the Citizens' Assembly", 27.03.2019
No. 239/XXV.
Constitution
of
the
Republic
of
Uzbekistan
https://lex.uz/docs/6445145.
