TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
49
The concept, principles and international standards of electoral law and
processes
Israilova Zarina Sadriddinovna
Doctor of Philosophy in Law (PhD),
Associate professor of the department
“International law and public legal sciences”
Of the University of World Economy and Diplomacy
Abstract:
This article is devoted to reforming the electoral system of the
Republic of Uzbekistan. The author considers the electoral legislation and identifies
the main stages of its development, as well as the factors that contributed to its
development.
Key words
: international standards
,
electoral law,
electoral process, electoral
system, reforms, democracy, law, principles.
According to the Constitution (Article 117), all citizens have the right to elect
and be elected to representative bodies of state power. Elections are one of the
fundamental institutions of a democratic state governed by the rule of law. Article 7
of the basic law of the Republic of Uzbekistan enshrines the principle of people's
power, which cannot be realized without elections [1].
The electoral legislation is a set of state-sanctioned norms that regulate
electoral processes in the Republic of Uzbekistan. Over the years of independence,
the electoral legislation of the Republic of Uzbekistan has been continuously
improved, which is reflected in the adoption of a modern and in line with
international standards Electoral Code of the Republic of Uzbekistan.
TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
50
The formation of state bodies by voting of the people was not always
considered an attribute of democracy in the history of state and law. Thus, Aristotle
already noted that the replacement of positions by lot serves as one of the foundations
of a democratic system, while the replacement of positions by election serves as an
oligarchic system [2]. This conclusion belonged to the historical conditions of Greek
polis (where representatives of the clannish nobility had long enjoyed authority; as a
result they had a serious advantage in elections over less prominent and wealthy
fellow citizens), but even back then the supporters of democracy believed that
persons should be appointed to positions requiring special personal qualities and
special knowledge not by chance, as in a drawing of lots, but by the conscious
expression of the will of citizens, as in elections. It is known that in ancient Athens
strategists were elected, but most positions in the sixth and fifth centuries B.C. were
filled by lot. It is noteworthy that even in many modern Tropical African countries it
is possible to determine in advance what the balance of political power will be after
the election [3]. The vast majority of voters in these countries vote for the leaders of
their ethnic groups, who are usually either representatives of the clan nobility, or
people who were nominated as a result of their own efforts, but are perceived by the
population as being included in the clan nobility because of their special qualities and
merits. No matter how conservative and closed the grouping of the nobility was, at all
times it had to admit the addition to its ranks of aliens from outside with outstanding
abilities. The electability of bodies even under such conditions is obvious, and it
plays a certain role in the existence of a democratic regime.
So, a characteristic feature of democracy is always the use of elections to form
the organs of power. However, for elections to be truly democratic, there must be,
firstly, an electoral law enshrining norms ensuring the full implementation of free and
fair elections; secondly, really autonomous and independent electoral bodies; thirdly,
an electorate sufficiently aware of its rights and obligations; fourthly, administrative
TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
51
procedures that guarantee all voters the free expression of their will. For
administrative procedures to be effective, it is necessary for the relevant state bodies,
including electoral bodies, to work smoothly.
In democracies, electoral bodies play, in fact, a very significant role in the
formation of institutions of state power and local self-government. As a result of
elections, the power belonging to the people is transferred to its representatives.
Election commissions are in charge of organizing the process of people's expression
of will, counting votes, summarizing and announcing the results of voting. Therefore,
on the one hand, the efficiency of the work of election commissions, the coordinated
functioning of all parts of the system of electoral bodies largely depends on the
normal organization and conduct of elections, and on the other hand, their honesty is
largely determined by the integrity of electoral officials, transparency of the
procedural side of the electoral process, openness of electoral bodies to interaction
with non-governmental and non-municipal organizations and the media[4].
Electoral legislation
is a complex of legal norms regulating social relations
related to the organization and execution of elections to state and local authorities: the
principles of electoral law, the requirements for voters and candidates for elected
office, the formation and activities of bodies responsible for organizing and holding
elections, the formation of electoral districts, voter registration, ways of nominating
candidates, election campaign and voting procedures [5].
In many countries the legislative regulation of elections is specially stipulated
(Article 31 of the Danish Constitution, Article 26 of the Austrian Constitution,
Article 10 of the Bulgarian Constitution).
In a number of countries (France, Belgium, Argentina, Costa Rica) there are
electoral codes - complex acts that contain the majority of norms of electoral law[6].
The main actors in elections are the voters, who directly determine the outcome
of the vote, and the candidates for elected office, whose further fate depends on the
TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
52
support of the electorate. The legislation of all countries regulates in detail the
requirements necessary for the exercise of active and passive suffrage (electoral
qualifications). In most countries legal requirements for voting are age, mental
capacity, citizenship and inclusion in voter lists.
The norms of electoral legislation define, regulate, and establish:
the basic principles of the state's electoral system;
the conditions for granting citizens electoral rights;
the procedure of elections:
nomination of candidates,
election campaigning,
financing of election campaigns,
voting procedures,
the procedure for determining the results of voting;
norms of representation;
status and powers of election commissions
The following sources of electoral law can be distinguished:
Constitutions
Special laws:
Electoral Codes.
Laws on elections and voting procedures
Acts of heads of state on matters of electoral law
Rules of Procedure of the Houses of Parliament
Resolutions of executive bodies
Including acts of electoral commissions
Resolutions of judicial bodies
Acts of local self-government bodies [7].
TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
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It should also be noted that peculiarities of holding elections in the subjects of
federation (for federations) and municipal formations are determined, besides the
general regulations, by the provisions of regulatory legal acts of the corresponding
subjects of federation and municipal formations. In addition, in a number of countries
with the Anglo-Saxon system of law, certain electoral relations are regulated by
customs.
Principles of electoral law are generally recognized, basic, universal principles
(standards) reflecting the democratic nature of elections as the constitutional basis of
democracy, determining the foundation of legal regulation of electoral rights, a
coordinated system of guarantees, procedures ensuring imperative, fair conduct of
various types of elections, implementation and protection of electoral rights of
citizens[8].
Thus, the principles of electoral law are the fundamental conditions of
regulation of electoral legal relations.
It should be noted that the diversity of political systems in the world implies a
difference in the legal regulation of the institution of elections. As a consequence,
from this follows the fixation of different principles of electoral law.
For example, for the Soviet electoral law it was typical to "identify the
principles of electoral law in relation to the conditions of implementation by the
citizens of the subjective right to elect and to be elected to the bodies of state power.
Only participation of citizens in elections on the basis of general direct equal
suffrage by secret ballot was considered as principles. Such a narrow approach is
predominantly retained in our time. A.G. Orlov points out the existence of the
following basic principles:
Universality,
Equality,
TJL - Tematics journal of Law
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UIF 2020= 6.882
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Direct Voting,
Confidential Voting[9].
However, such a concept artificially narrows the system of electoral law principles,
reducing them essentially to the principles of active suffrage.
When studying the subject of legal regulation of electoral norms, it is necessary
to reveal its essential side, which is characterized by functions. These functions can
be considered as methods of impact on public relations arising during elections.
The functions of electoral norms include: regulatory; preventive; protective;
educational. The regulatory function is the impact of electoral norms on social
relations by enshrining certain rules of elections in the law. The preventive function
of electoral norms is manifested in the fact that it is primarily aimed at preventing
violations of election rules enshrined in the Electoral Code of the Republic of
Uzbekistan. The protective function of electoral norms is a type of legal impact that
provides protection of social relations regulated by these norms[9]. The educational
function of electoral norms is manifested primarily in the fact that it is aimed at
convincing the population in the fairness of election rules enshrined in the Electoral
Code of the Republic of Uzbekistan. The educational function is aimed at forming the
legal culture of the population and implementation of the electoral system.
Taking into account the way traversed during the years of independence and
the experience accumulated, as well as proceeding from the requirements of modern
times the electoral legislation was also reformed.
One of the important conditions for building a democratic state governed by
the rule of law and a free civil society is the active participation of citizens in political
processes, including in the management of the affairs of the state and society. The
efficiency of this activity directly depends on democratic elections.
TJL - Tematics journal of Law
ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
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Since the first years of independence in the Republic of Uzbekistan serious
attention was paid to the issues of formation of the main institutions of state power -
the President, the Oliy Majlis and representative bodies of power - through elections.
In the past period a great practical experience in the sphere of creating and
developing the legislative basis of free and fair elections was accumulated. About ten
legal documents regulating the electoral process were adopted - the Constitution of
the Republic of Uzbekistan, the laws "On guarantees of electoral rights of citizens",
"On elections to the President of the Republic of Uzbekistan", "On elections to the
Oliy Majlis", "On elections to regional, district and city Councils of deputies", "On
the Central Electoral Commission of the Republic of Uzbekistan", "On political
parties", subsequently in 2019 Electoral Code of the Republic of Uzbekistan
substituted 5 main laws regulating elections of the Republic of Uzbekistan. This
Electoral Code defines norms on legal regulation of such issues as the structure of the
electoral system, its essence, the right to elect and be elected, organization and
conduct of elections, openness and publicity in elections, rights and powers of
electoral commissions, the voting procedure and determination of its results,
participation of citizens in elections, guarantee of electoral rights, financing of
elections.
During the years of independence our country has carried out large-scale
reforms and implemented comprehensive measures aimed at building a democratic
state governed by the rule of law and a strong civil society.
Thus, a solid foundation of the rule of law, human rights and freedoms has
been laid. The national electoral legislation is gradually being improved on the basis
of rich practical experience accumulated during some ten elections, as well as in
accordance with international standards, growth of political consciousness and legal
culture of citizens and ongoing democratic reforms.
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ISSN 2249-9806
Vol-6-Issue-2- 2022
UIF 2020= 6.882
IFS 2020= 7.882
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Literature List
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