International Journal of Trend in Scientific Research and Development (IJTSRD)
Volume 6 Issue 7, November-December 2022 Available Online: www.ijtsrd.com e-ISSN: 2456 – 6470
@ IJTSRD | Unique Paper ID – IJTSRD52541 | Volume – 6 | Issue – 7 | November-December 2022
Page 1124
Development of Electoral Legislation of the Republic of Uzbekistan
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,
Tashkent, Uzbekistan
ABSTRACT
This article is devoted to reforming the electoral system of the
Republic of Uzbekistan. The electoral system consists of all the
voting rights of citizens, the existing procedure for the formation of
state representative bodies and the procedure for involving citizens in
elections, the organization of elections and the interaction of deputies
with voters. The author considers the electoral legislation and
identifies the main stages of its development, as well as the factors
that contributed to its development.
KEYWORDS:
electoral process, electoral system, reforms,
democracy, electoral law, law, principles, international standards
How to cite this paper
:
Israilova Zarina
Sadriddinovna
"Development
of
Electoral Legislation of the Republic of
Uzbekistan" Published in International
Journal of Trend in
Scientific Research
and Development
(ijtsrd), ISSN: 2456-
6470, Volume-6 |
Issue-7, December
2022,
pp.1124-
1126,
URL:
www.ijtsrd.com/papers/ijtsrd52541.pdf
Copyright © 2022 by author (s) and
International Journal of Trend in
Scientific Research and Development
Journal. This is an
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One of the most important socio-political events of
key importance for the further sustainable
development of the Republic of Uzbekistan are the
elections of the Republic of Uzbekistan.
In recent years, within the framework of building a
democratic, open to the outside world and
competitive New Uzbekistan, enormous work has
been carried out in the field of ensuring the
constitutional rights of citizens to elect and be elected
to representative bodies.
First of all, consistent measures have been taken
aimed at strengthening the legal framework for free
and fair elections held on the basis of universal,
equal, direct suffrage by secret ballot openly and
transparently - an inalienable attribute of a democratic
state governed by law - as well as at strengthening
and developing a modern democratic electoral
system.
At the same time the electoral legislation of
Uzbekistan is being dynamically improved based on
the national practical experience accumulated in the
course of periodically organized elections, as well as
taking into account international standards, growth of
political consciousness and electoral culture of
citizens, progress and needs of ongoing democratic
reforms.
Based on the above research and analysis, we can say
that there are three main stages of development of the
electoral legislation of New Uzbekistan.
"The first stage" - from separate electoral laws to the
Electoral Code
Codification of legislation means the activity of
creating a systematized single normative legal act,
carried out through deep and comprehensive revision
of the current legislation, discarding of outdated
normative legal material, development of new legal
provisions, comprehensive development of the
national legal system. In particular, in foreign
countries the procedure of preparation and conduct of
elections is regulated by the adoption of ordinary
laws, constitutional laws or electoral codes. At the
same time in more than 30 countries of the world the
model of legal regulation of elections in the format of
the Electoral Code is applied.
The new Uzbekistan also chose to codify electoral
legislation. In 2019, the Electoral Code was adopted,
replacing five previously disparate electoral laws. The
IJTSRD52541
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@ IJTSRD | Unique Paper ID – IJTSRD52541 | Volume – 6 | Issue – 7 | November-December 2022
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Electoral Code was developed with the participation
of all political forces and parties of the country,
institutions of civil society, on the basis of nationwide
discussion. Recommendations of the Office for
Democratic Institutions and Human Rights of the
Organization for Security and Cooperation in Europe
(OSCE/ODIHR) and the Venice Commission of the
Council of Europe, foreign observers, missions of
international organizations, such as SCO, CIS, OIC
and others on previous elections in Uzbekistan were
taken into account.
Adoption of the Electoral Code has become an
embodiment of steady progress of the New
Uzbekistan on the way of democratization and
liberalization of society, strengthening pluralism of
opinions, multi-party system. The most important
novelties of the Electoral Code are as follows
The main provisions of international electoral
documents providing for direct election of
members of at least one chamber of the
parliament were fully implemented in the national
electoral legislation.
voters are given the opportunity to support
participation in elections of more than one party -
it is enshrined that voters have the right to put
their signature in support of one or more political
parties;
It is legislatively stipulated that political parties
have the right to nominate a presidential
candidate and a candidate for the Legislative
Chamber. At the same time, political parties have
the right to nominate members of their party or
non-partisans as candidates;
The norm restricting the participation in elections
of persons imprisoned for crimes that do not pose
a great social danger and less serious crimes was
excluded;
the number of authorized persons of candidates
from political parties was increased (for
presidential candidates - to 15, for deputies of
parliament - 10, regional councils of deputies - 5,
district and city councils - 3)
The role of observers from political parties in
ensuring transparency and democracy of the
elections has been strengthened. They can receive
copies of documents on the election results
immediately after drawing up the protocol of the
election commission on the results of vote
counting. The procedure of immediate posting at
the polling station of a copy of the protocol of
precinct election commission on vote counting for
public scrutiny for a period of not less than 48
hours was established;
the procedure for consideration by election
commissions of appeals from individuals and
legal entities concerning the organization, conduct
of elections and summarizing of its results has
been regulated. In addition, a candidate or
observer has the right to file a complaint about
any aspect of the electoral process (including
requesting a recount or invalidating the election
results). It is legally stipulated that decisions of
election commissions, including the CEC, can be
appealed in court. Persons who have filed a
complaint have the right to participate directly in
its consideration;
the procedure for electing the members of the
Senate was defined at the legislative level, with
the repeal of the CEC Regulation on the
procedure for their election;
the Electoral Code clearly defines the types,
forms and methods of campaigning by political
parties and their candidates;
special attention is paid to observers, authorized
representatives of parties, mass media. The
Electoral Code has established the range of rights
of the above-mentioned participants of the
electoral process. The participation of these
participants ensures the transparency of the
electoral process. The sittings of the election
commissions may be attended by representatives
of political parties, mass media, observers from
citizens' self-government bodies, foreign states,
international organizations. Sessions of election
commissions are held openly. Decisions of
election commissions are published in the media
or made public in the manner prescribed by the
Electoral Code;
a unified electronic list of voters of the Republic
of Uzbekistan is provided, which is a state
information resource containing information
about citizens-voters, addresses of their
permanent and temporary residence.
"The second stage" - ensuring independence of
activities of election commissions of all levels
This stage of democratization of the electoral
legislation and the country's system is connected with
making in February 2021 relevant changes and
additions to legislative acts of the Republic of
Uzbekistan. At the same time special attention was
paid to the solution of the following priority tasks in
particular:
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1.
Ensuring active participation of all citizens in
elections, implementation of their electoral rights,
regardless of their location and temporary
residence.
For the first time the procedure for including Uzbek
citizens residing abroad in the voter list, regardless of
their consular registration in the diplomatic missions,
as well as the legal grounds for voting in portable
ballot boxes at the place of residence or work of
voters abroad were legislated.
2.
Further strengthening the independence of the
whole system of election organizers - election
commissions of all levels headed by the CEC,
which is a necessary and most important
condition for democratic elections.
3.
Creation of more favorable legal conditions for
political parties to carry out campaigning,
organization of all-party election events,
including mass election campaigns.
4.
Preventing the use of state resources during the
election campaign.
Among the most important innovations of the "second
stage" are bringing the legislation on political parties
and their financing in accordance with the Electoral
Code, establishing the procedure for state financing of
presidential and parliamentary elections, elections to
local representative authorities, reducing the period
for appealing against decisions of election
commissions from 10 to 5 days.
"The third stage" - formation of legal conditions for
fair elections
The modern electoral system of New Uzbekistan is
the result of many years of evolution and multilateral
political dialogue. In general, the electoral legislation
has undergone many adjustments aimed at improving
the electoral process. Moreover, each, even
insignificant change, is always preceded by thorough
work, analysis of the past election campaigns and
development of proposals on improving the
legislation on its basis.
The changes within the third stage concern, in
particular, the following issues:
First - further distribution of powers and
strengthening the principle of checks and balances
between the constituent (the system of election
commissions headed by the Central Election
Commission) and the judicial branches of power.
The second is the introduction of a notification
procedure for mass meetings, rallies and marches
organized by political parties during elections.
The Parliament of Uzbekistan ratified the Convention
on the Rights of Persons with Disabilities. According
to Article 29 of the Convention, States Parties
guarantee to persons with disabilities political rights
and the opportunity to enjoy them on an equal basis
with others and undertake, in particular, to ensure that
persons with disabilities can effectively and fully
participate, directly or through freely chosen
representatives, in political and public life on an equal
basis with others, including having the right and
opportunity to vote and be elected
1
.
On the whole, all these "three stages" of
democratization of electoral legislation and practice
in New Uzbekistan, together with the large-scale and
dynamic processes of political, economic, legal,
social and spiritual renewal of society and
modernization of the country, lead to the effective
formation of state power.
1
Law of the Republic of Uzbekistan "ON THE
RATIFICATION OF THE CONVENTION ON THE
RIGHTS OF DISABLED PERSONS (NEW YORK,
DECEMBER 13, 2006)", dated 07.06.2021 No. LRU-695
