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Page 1127
Overview of the Development of Electoral
Legislation of the Republic 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 formation and development of the electoral
legislation of the Republic of Uzbekistan and provides a comparative
analysis of the experience of the United States and the Federal
Republic of Germany. 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 legislation, elections, electoral law, electoral
system, law, principles, international standards
How to cite this paper
:
Israilova Zarina
Sadriddinovna "Overview of the
Development of Electoral Legislation of
the Republic Uzbekistan" Published in
International Journal
of
Trend
in
Scientific Research
and Development
(ijtsrd), ISSN: 2456-
6470, Volume-6 |
Issue-7, December
2022,
pp.1127-
1130,
URL:
www.ijtsrd.com/papers/ijtsrd52542.pdf
Copyright © 2022 by author (s) and
International Journal of Trend in
Scientific Research and Development
Journal. This is an
Open Access article
distributed under the
terms of the Creative Commons
Attribution License (CC BY 4.0)
(http://creativecommons.org/licenses/by/4.0)
Over the years of independence, Uzbekistan has
established a national electoral legal framework that
meets international standards and democratic
requirements. This was made possible thanks to the
step-by-step modernization of the political, state and
legal systems.
In this context, it should be noted that one of the
important conditions for building a democratic state
governed by the rule of law and a free civil society is
precisely the active participation of citizens in
political processes, including in the management of
state and society affairs. The efficiency of this
activity directly depends on democratic elections.
The national electoral legislation is being gradually
improved based on the rich practical experience
accumulated in the process of elections in the
country, as well as in accordance with international
standards, growth of political awareness and legal
culture of citizens, and ongoing democratic reforms.
The process of forming the national electoral
legislation in Uzbekistan and its systematic
development can be conditionally divided into the
following stages.
The first stage (1991-2000).
This period is marked
by the formation of the national electoral legislation
of the country
2
. The basic legal document of the
national statehood - the Constitution was adopted.
Then were adopted the first specialized laws "On
Presidential Elections" (November 18, 1991), "On
Elections to the Oliy Majlis of the Republic of
Uzbekistan" (December 28, 1993), "On Guarantees of
Citizens' Suffrage" (May 5, 1994). At the initial stage,
the constitutional foundations of the electoral system
and the legal prerequisites for holding elections to the
President and to the Oliy Majlis, provincial, district
and city councils of peoples' deputies were
established.
2
Yakubov Sh. The main stages of development of the
national electoral legislation // Bulletin of the Central
Election Commission of the Republic of Uzbekistan. 2019.
№
4.
IJTSRD52542
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At the same time the electoral rights of citizens were
guaranteed on the basis of generally recognized
principles of international electoral standards and a
separate law established the legal status of the div
authorized to organize elections.
The second stage (2001-2010).
This period is
characterized by further democratization of the
national electoral legislation on the basis of
guaranteeing citizens' electoral rights, developing
national parliamentarianism, and strengthening the
multiparty system. Uzbekistan moved from a
unicameral to a bicameral parliament. A lower
chamber, the Legislative Chamber of the Oliy Majlis,
was formed on the basis of the multiparty principle. It
was necessary to develop a mechanism for holding
alternative elections
3
. All the aforementioned aspects
were stipulated in detail in the law "On the elections
to the Oliy Majlis of the Republic of Uzbekistan".
The number of deputy places in the Legislative
Chamber of the Oliy Majlis was increased by
introducing a number of amendments to the laws on
elections in 2008. The time limits for the registration
of political parties taking part in the elections were
shortened. The number of voter signatures required
for political parties to take part in elections was
reduced
4
. The number of authorized persons of
candidates for deputies was increased. A new
institution - "authorized representative" was
introduced. The legislation was liberalized in relation
to the passive suffrage of citizens with an unexpunged
or unexpunged criminal record, as well as those who
had previously committed serious or particularly
serious crimes.
The third stage (2011-2016).
This period, in its
essence and content, is devoted to strengthening the
legal guarantees of ensuring the freedom of electoral
rights of citizens in the conditions of further
democratization of society. On December 20, 2012,
the law on amendments and additions to the electoral
legislation was adopted.
This legal act introduced new articles and additions to
the laws "On elections to Oliy Majlis of the Republic
of Uzbekistan", "On elections to regional, district and
city Councils of People's Deputies". The innovations
revealed the essence and meaning of election
3
С
. Artikov
а
"The main directions of improving the
electoral legislation" // Bulletin of the Central Election
Commission of the Republic of Uzbekistan. 2019.
№
2.
4
Abdurakhmanov H. Constitution and elections / H.
Abdurakhmanov, R. Mirzaev. - Tashkent: IPTD
"Uzbekistan", 2016. - 48 p.
campaigning
5
. The types, forms and methods of
campaigning are clearly specified. The concept of
"silence day" new for the national legislation has been
established. The procedure for early voting has been
clarified. The announcement on the voting day of the
results of exit polls, predictions of the results, and
other election-related studies through the mass media
has been prohibited. Guarantees of openness,
transparency and transparency of elections were
strengthened. In April 2014, the Central Election
Commission of Uzbekistan was given constitutional
status.
Among the innovations at this stage are also the
amendments and additions that were made to the Law
"On the Election of the President of the Republic of
Uzbekistan" (December 29, 2015). The reform of the
national electoral legislation simplified the procedure
for political parties to nominate a candidate for the
President of Uzbekistan, as well as detailed
organizational issues of the elections themselves.
The fourth stage (2016-present).
This stage is
marked by the codification and harmonization with
the requirements of the Office for Democratic
Institutions and Human Rights (ODIHR) of the
Organization for Security and Cooperation in Europe
(OSCE) of the electoral legislation of the Republic of
Uzbekistan.
In
order
to
implement
the
recommendations of the OSCE ODIHR as reflected
in the final report of the Office's observation mission
for the early presidential election (4 December 2016),
President Shavkat Mirziyoyev signed the Law "On
Approval of the Electoral Code of the Republic of
Uzbekistan" on 25 June 2019
6
. This code regulates
the organizational and legal issues of presidential,
parliamentary, and local representative div elections
in the country.
In addition, the adoption of the Electoral Code has
eliminated the legal uncertainty (indicated in the final
report of the OSCE ODIHR 2016) of some norms of
the current legislation. The issues of vote count and
announcement of preliminary and final results of
elections at different levels are described in detail
7
.
The document reflects the norms regulating the
activities of electoral districts and precincts, election
5
Abdurakhmanov H.A. Update of the electoral system of
Uzbekistan: some results and their evaluation / H.A.
Abdurakhmanov // Law. - 2016. -
№
6. - 166-171 p.
6
Final Report of the OSCE/ODIHR Limited Election
Observation
Mission
(Republic
of
Uzbekistan
Parliamentary Election 2019) Warsaw February 25, 2020.
7
Final Report of the OSCE/ODIHR Limited Election
Observation
Mission
(Republic
of
Uzbekistan
Parliamentary Election 2019) Warsaw February 25, 2020.
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Page 1129
commissions (including the CEC), as well as the
mechanism for compiling voter lists. The
organizational and legal aspects of the ballot paper,
the rights and duties of observers, authorized
representatives of political parties, and mass media
representatives are regulated. The registration and the
legal status of candidates and their proxies have been
regulated. Special attention is paid to the pre-election
agitation, its types, forms and methods. The
lawmakers have not neglected the repeated voting.
The peculiarities of the election of the President of
the Republic of Uzbekistan, deputies to the
Legislative Chamber of the Oliy Majlis, the procedure
of forming the Senate of the Oliy Majlis and local
Councils of People's Deputies are highlighted in
separate chapters.
The election and campaign finance regulations
criticized by OSCE/ODIHR were amended and
introduced in Chapter 17 of the Electoral Code of the
Republic of Uzbekistan
8
.
Along with the liberalization of national electoral
legislation and simplification of organizational
conditions for elections, demands from the head of
state Shavkat Mirziyoyev and society for
parliamentarians and people's representatives in local
councils are increasing
9
.
First, there is a need to refuse the "desk" style of work
of the people's elected deputies of the Legislative
Chamber of the Oliy Majlis, regional, city and district
Kengashes, as well as members of the Senate of the
OM of Uzbekistan.
In order to strictly observe the norm prohibiting
forced labor, enshrined in Article 37 of the
Constitution of the Republic of Uzbekistan, deputies
and senators in the working groups travel to the
regions of the country and carry out parliamentary
control in the cotton fields and agricultural land.
The activities of parliamentarians in this area have
received positive feedback from the UN High
Commissioner for Human Rights Zeid Ra'ad Al-
Hussein, the Special Rapporteur of the UN Human
Rights Council on freedom of religion or belief
Ahmed Shaheed. A delegation from the International
Labor Organization also recognized the Uzbek
8
The Electoral Code of the Republic of Uzbekistan
(Adopted by the Law of the Republic of Uzbekistan of
25.06.2019 N ZRU-544)
9
Consistent democratization of the electoral system - a
priority direction of the legal policy of the Republic of
Uzbekistan / ed. by M. Rahmankulov. - Tashkent: IPTD
"Uzbekistan". , 2016. - 88 p.
parliament's efforts to combat forced labor and
eradicate child labor in the cotton fields
10
.
Secondly, the quarterly, semi-annual and annual
parliamentary hearings of the reports of the heads of
ministries, departments and regional leaders
(khokims) on the work done have become systematic.
The parliamentary control over the state institutions
in the sphere of observance of executive discipline
and legality of activity in executing the decrees,
orders and resolutions of the President, the Cabinet of
Ministers and the Oliy Majlis of the Republic of
Uzbekistan was introduced. These measures are
aimed at ensuring transparency of activity of state
bodies. In this regard, President Shavkat Mirziyoyev
calls on MPs and senators to strengthen parliamentary
control, create conditions in which citizens and their
elected representatives could objectively assess the
activities of state bodies
11
. The results of the Oliy
Majlis' activities in exercising parliamentary
oversight were the consideration of some cases in the
Commission on Rules and Ethics of the Senate of the
Oliy Majlis of Uzbekistan
12
. There are cases of
issuing strict warnings and probation to delinquent
civil servants.
Third,
the
republic's
leadership
expects
parliamentarians to take a more active stance on the
drafting of laws. President Shavkat Mirziyoyev urges
people's deputies to "take the initiative" and become
initiators and authors of laws.
In particular, during the report of the head of state at
the solemn meeting dedicated to the 26th anniversary
of the adoption of the Constitution of the Republic of
Uzbekistan (December 2018), the need to form a list
of laws that have lost their significance and to adopt
new documents that are in line with international
practice was voiced
13
.
Fourth, the Address of the President of the Republic
of Uzbekistan Shavkat Mirziyoyev to the Oliy Majlis
(December 28, 2018) expressed the desire of the
country's leadership to abandon the order in which the
khokim is the chairman of the Kengash of People's
10
Rakhmankul M.Kh.(ed.) Consecutive democratization of
the electoral system is a priority direction of the legal
policy of the Republic of Uzbekistan. Tashkent, IPTD
«Uzbekistan» Publ., 2016, 88p.
11
Sh. Khabibullaev. "E-government in the context of
current issues of voter registration," Bulletin of the Central
Election Commission No. 1, 2019
12
Abdurakhmanov H.A. Update of the electoral system of
Uzbekistan: some results and their evaluation / H.A.
Abdurakhmanov // Law. - 2016. -
№
6. - 138 p.
13
Abdurakhmanov Kh.A. Updating the electoral system of
Uzbekistan: some results and their evaluation. Zakon =
Law, 2016, no. 6, pp. 166 - 171
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eISSN: 2456-6470
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Page 1130
Deputies. This will make it possible to separate the
activities of the two branches of power - the
Khokimiyat (an organ of the executive branch of
power) and the Kengash of People's Deputies (an
organ of the legislative branch of power)
14
.
Previously, the functions of leadership of the two
institutions were entrusted to one person - the khokim
of an administrative-territorial unit
15
.
Fifth, as the reform process develops in the republic,
the need to establish parliamentary and public control
over the observance of legal requirements and norms,
decisions of the President and the Government of the
country grows. In this context, it should be noted that
in 2017 the structures of district Kengashes of
People's Deputies of Tashkent city were introduced.
Previously, only in the capital region of the republic
there was no initial level of representative bodies of
state power.
Sixth, today the proportion of women in the deputy
corps of the country is about 30 percent. The growth
of political consciousness among women is an
important aspect not only in advocating for gender
rights, but also in shaping all public policy.
It is also noteworthy that politically active women
have established local actions "Start of future
deputies", which have gained direct support of the
leadership of the republic
16
. In this regard, President
Shavkat Mirziyoyev has set the task of further
expanding the "women's wing" of the Parliament of
Uzbekistan.
Seventh, the Ecological Movement of Uzbekistan was
transformed into the Ecological Party. The rule,
according to which representatives of the Ecological
Movement were guaranteed 15 seats in the parliament
of the country, was cancelled
17
. Beginning in 2019,
members of the Ecoparty is competing with other
political forces for votes on an equal footing
18
.
14
Sh. Yakubov "Main stages of development of the
national electoral legislation", Bulletin of the Central
Election Commission No.1-2, 2016
15
Н
. Nurmatov. "Interaction between the CEC and the
media in ensuring openness, transparency and
transparency of elections", Bulletin of the Central Election
Commission No. 1-2, 2016
16
А
. Abdullayev. "Participation of the Independent Media
of Uzbekistan in the Coverage of Election Campaigns,"
Bulletin of the Central Election Commission No. 1-2, 2019
17
Е
. Sloboda. "The role of international observation in
ensuring the democracy and openness of the election
campaign". Bulletin of the Central Election Commission
No. 1, 2016
18
Sh. Khabibullaev. "E-government in the context of
current issues of voter registration," Bulletin of the Central
Election Commission No. 1-2, 2016
Eighth, strengthening the international activities of
the Senate is another important issue. A number of
critical tasks to implement an active foreign policy
are assigned to the upper house of parliament. In 2018
alone, more than 50 international conferences,
seminars and roundtables were held under the
auspices of the Senate of the Oliy Majlis. However, in
general, assessing the effectiveness of the
Parliament's activities in this direction, it should be
noted that there are still untapped opportunities. Thus,
it is expedient to strengthen work with the
Interparliamentary Union, the OSCE Parliamentary
Assembly, the CIS Interparliamentary Assembly and
other international parliamentary organizations, in
which the Oliy Majlis participates on behalf of
Uzbekistan.
Taking into consideration all the statements above, it
appears possible to draw a conclusion about
consistent,
step-by-step
development
and
improvement of the normative-legal base in the
sphere of electoral law.
A trend of democratization and liberalization of the
institution of elections in Uzbekistan has been
observed. The range of powers of parliamentarians
and deputies of Kengashes has been significantly
expanded. The level of attention and demands from
people's elected representatives is increasing.
In this connection, the deputies and senators of the
4th convocation of the Oliy Majlis of the Republic of
Uzbekistan are working hard to meet the tasks set
before their predecessors, to level out their
shortcomings, as well as to work for the benefit of the
electorate. All the necessary political and legal
conditions have already been created for the political
parties to implement their own goals.
