The USA Journals Volume 03 Issue 05-2021
72
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
72-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-12
I
MPACT
F
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‘
ABSTRACT
Building a democratic state governed by the rule of law and a free civil society is unimaginable without
elections. After all, in the election process, the diversity of opinions in society, the will, aspirations,
social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of
views in society, the aspirations and aspirations of the people, must be legally protected. Liability for
violation of the principles of democratic elections has been established.
KEYWORDS
Electoral law, human rights, society, political rights, responsibility, citizens, civil rights, international
pact, administrative, criminal, political party, official.
INTRODUCTION
As a result of the elections held under the
motto "New Uzbekistan - New Elections" in the
Address of the President of the Republic of
Uzbekistan Sh.M.Mirziyoev for 2020, a new
political environment has emerged, which is
necessary to bring democratic reforms to a
higher level. Article 18 of the State Program of
the Republic of Uzbekistan for 2021 sets out
Uzbek Laws Provide Responsibility For Violation Of
Democratic Election Principles
B.D. Akhrarov
Deputy Head Of The Department For Combating Economic Crimes Under The General
Prosecutor’s Office Of The Republic Of Uzbekistan
Sh.X. Alirizaev
Deputy Head Of The Department For Combating Economic Crimes Under The General
Prosecutor’s Office Of The Republic Of Uzbekistan
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 05-2021
73
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
72-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-12
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specific measures for the preparation and
conduct of elections of the President of the
Republic of Uzbekistan at a high level.
According to the program, preparations for the
March 1 presidential election on democratic
principles have begun. It should be noted that
during the years of independence, Uzbekistan
has created a modern electoral system that
meets democratic requirements as a result of
reforms in all spheres of social life. In
accordance with the universally recognized
international principles of elections, legislation
has been developed that guarantees the free
expression of the will of citizens, the right of
everyone to freely elect and be elected to
representative bodies of state power. Legal
mechanisms
to
ensure
openness
and
transparency in the election process have been
improved. As noted by President Mirziyoyev,
“According to our Constitution, citizens have
the right to participate in the management of
state and public affairs directly and through
their
representatives.
Voting
for
and
supporting a program put forward by a
candidate or any party in the election is a clear
manifestation of representative democracy”
[1].
The adoption of the law on amendments and
additions to some articles of the Constitution
of the Republic of Uzbekistan is a logical
continuation of the ongoing process of
democratic renewal in our country. In
particular, the Law of September 4, 2019 "On
amendments and additions to some legislative
acts of the Republic of Uzbekistan in
connection with the improvement of electoral
legislation" replaced the fourth part of Article
117 of the Constitution with the fourth and fifth
paragraphs as follows: citizens, as well as
persons detained in places of deprivation of
liberty by court order, may not be elected.
Persons who have been declared incompetent
by a court, as well as those detained in places
of deprivation of liberty for the commission of
serious and very serious crimes, shall not
participate in elections. In any other case,
direct or indirect restriction of citizens'
suffrage shall not be allowed. " This norm
restores the right to vote to our citizens who
are serving sentences for less serious and less
serious crimes.
The Electoral Code of the Republic of
Uzbekistan, adopted on 28 February 2019 and
entered into force on 26 June, stipulates that
citizens of the Republic of Uzbekistan are equal
regardless of gender, race and nationality,
language, religion, social origin, beliefs,
personal and social status, education, type and
nature of training. has the right to vote (Article
4).
As a result of the reform of suffrage in the
Republic of Uzbekistan, the current electoral
legal framework has reached a level that meets
international electoral standards and meets all
the important modern principles and norms of
organizing
and
conducting
democratic
elections, taking into account national
characteristics.
At the same time, in all democratic electoral
processes, even in the elections themselves,
there are various violations that illegally
restrict the voting rights of citizens.
A number of provisions of the newly adopted
Electoral Code set out general norms for
liability for violations of election legislation. In
particular, Article 11 (System of Election
Commissions), Part 3 of the Electoral Code
states that “interference in the activities of
election commissions is not allowed and such
The USA Journals Volume 03 Issue 05-2021
74
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
72-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-12
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2021:
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interference is punishable by law. Article 38
(Procedure for collecting signatures) Part 5
Collection of voters' signatures , at the place of
residence, at election events, as well as in other
places where campaigning and collecting
signatures are not prohibited by law. It has
been established that any form of coercion and
embezzlement of voters by a person collecting
signatures is subject to statutory liability.
Article 103 of this Code introduces a norm of
liability for violation of the electoral legislation.
International law also guarantees the right to
vote and protection from unlawful obstruction
of its exercise. For example, Article 21, Section
3, of the Universal Declaration of Human Rights
states: “The will of the people shall be the basis
of government; this will must be expressed in
periodic and non-fraudulent elections, on the
basis of universality and equality, by secret
ballot or by other means of ensuring freedom
of voting ”[2].
Article 25 of the International Covenant on Civil
and Political Rights states: have the right and
opportunity to vote and stand for election in
real elections. ”[3]
This issue is covered in more detail in the
document of the Council held in Copenhagen
within the framework of the Conference on
Human Criteria of the Organization for Security
and Cooperation in Europe.
The mechanisms of administrative or criminal
protection of the suffrage of the citizens of any
state have general features, as well as aspects
that are unique to that state.
In particular, the Code of Administrative
Responsibility of the Republic of Uzbekistan
was supplemented with a new chapter
consisting of eight articles - Chapter V1
"Administrative liability for violations in the
organization and conduct of elections and
referenda".
The strict definition of liability for violations of
the electoral law will serve to strengthen the
implementation of the principle of electoral
freedom, further democratization of the
electoral system of the country, strengthening
the principles of openness and transparency of
elections.
According to the Code of Administrative
Responsibility, actions such as violation of the
rights of a candidate for the President of the
Republic of Uzbekistan, a proxy, an observer,
the terms and procedure of the election
campaign are subject to administrative liability.
Also, actions aimed at deliberately publishing
false information about a candidate or a
political party in order to influence the election
results will also lead to the imposition of
administrative sanctions.
In accordance with the Election Law, election
commissions are independent of public
authorities, public associations, political parties
and officials within their competence. In order
to organize the election process in a legal, fair
and equal manner for all participants in the
elections, it is very important that the members
of the election commission act independently.
Failure to do so in practice undermines the
democratic nature of elections.
Failure to comply with the decisions of election
commissions within their competence shall
entail administrative liability against officials.
The Criminal Code of the Republic also contains
norms providing for criminal liability for
violation of electoral legislation.
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
72-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-12
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Article 146 of the Criminal Code of the Republic
of Uzbekistan provides for liability for violation
of the legislation on the organization or
conduct of elections or referenda, and Article
147 provides for liability for obstruction of the
right to vote or the powers of proxies.
Acts related to the organization of elections or
referendums, which lead to criminal liability,
and violations of the legislation on their
conduct are defined in Article 146 of the
Criminal Code. These include: violations
committed by officials, representatives of
political parties or citizens' self-government
bodies, members of election commissions or
referendum commissions during elections or
referenda, in particular, violation of the secrecy
of the ballot, falsification of election
documents or referendum documents, ballot
papers and making false entries on signature
sheets, deliberate miscalculation of votes.
In the case of this crime, the constitutional
right of citizens to vote, the procedure for
organizing and conducting referendums and
elections are violated.
The right to vote is the right of a citizen to
participate in elections guaranteed by the
state, which means the right to vote (active
suffrage) and to be elected (passive suffrage).
A referendum is an expression of the will of the
people by voting on the most important issues
in the life of the state and society.
Elections are a political and legal process
dedicated to the election of citizens by the
President of the Republic of Uzbekistan,
deputies of the Oliy Majlis, deputies of
regional, district and city Kengashes.
In the Republic of Uzbekistan, voters have the
right to freely express their wishes and will and
to vote by secret ballot. By allocating special
rooms for voting in precinct election
commissions, citizens will be able to freely
express their wishes and will. Secret ballot
implies that the voter has no control over the
expression of his or her will.
Violation of the secrecy of the ballot means an
act (omission) committed for a situation that
arose with the intention of knowing the wishes
and will of the participant of the election
(referendum). This leaves polling stations
without special booths guaranteeing secret
ballots; not to allow a voter into such a booth;
enter the booth and observe the voting
process; illegal review of completed ballots;
may be reflected in the numbering of ballots
and so on.
Falsification of election documents or
referendum documents is reflected in the
introduction of false, ie inaccurate, information
into the original (official) documents.
However, all the features and details that
indicate that the document is authentic are
retained. Counterfeiting of documents, or
more precisely, the creation of forged
documents in form and content, or the making
of a partial error in the original document, is
also considered forgery. In both cases, it
should be noted that the falsification violates
the will of the person participating in the
election or referendum.
False entries in ballot papers or ballot papers
are, in essence, a form of falsification of
election
documents
or
referendum
documents, which is reflected in the inclusion
of inaccurate entries (information) in the
The USA Journals Volume 03 Issue 05-2021
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2693-0803)
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May 31, 2021 |
Pages:
72-78
Doi:
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original document, while retaining the original
features and details of the document.
Deliberate miscalculation of votes is a
deliberate falsification of the election results,
ie an increase or decrease in the number of
"for" and "against" votes cast for a candidate,
or a deliberate falsification of the referendum
results.
Criminal liability under Article 146 of the
Criminal Code of the Republic of Uzbekistan
arises from the moment of organization of an
election or referendum, one of the actions
aimed at violating the legislation on their
conduct, regardless of whether there is a social
threat.
The crime may have been committed by an
official over 18 years of age, representatives of
a political party or citizens' self-government
div, members of election commissions or
referendum commissions.
An official is a person who performs the
functions of a government representative on a
permanent, temporary or special basis, or who
performs
organizational,
managerial,
administrative and economic functions in state
bodies, self-government bodies, government
agencies.
Article 32 of the Constitution of the Republic of
Uzbekistan states that citizens of the Republic
of Uzbekistan have the right to participate in
the management of public and state affairs
directly and through their representatives.
Such participation is achieved through self-
government, referendums and the democratic
organization of state bodies. Violation of this
political right is punishable under Article 147 of
the Criminal Code of the Republic of
Uzbekistan.
Obstruction of the exercise of the right to vote
or the powers of proxies (Article 147 of the CC)
manifests itself in the use of force,
intimidation, deception or obstruction.
In the commission of a crime under Article 147
of the Criminal Code of the Republic of
Uzbekistan, the right of a citizen to vote or to
be elected, to conduct election campaigning,
to participate in a referendum is violated. That
is, their active and passive suffrage is violated.
Active suffrage is a constitutional right of
citizens of the Republic of Uzbekistan to be
elected to public authorities and self-
government bodies. Passive suffrage is a
constitutional right of citizens of the Republic
of Uzbekistan to be elected to public
authorities and self-government bodies.
The right to conduct election campaigning is a
constitutional right of citizens of the Republic
of Uzbekistan to participate in referendums, as
well as to vote on draft laws and regulations,
current laws and regulations, and other
important state issues.
Obstruction is the use of violence, intimidation,
lying, or bribery to a voter or candidate's
representative in order to prevent the exercise
of a voter's right to vote or to participate in a
referendum (for example, to prohibit
campaigning, not to be included in the voter
list, etc.). method.
In this case, violence means any physical
influence that prevents a citizen from
exercising his right to vote or exercising the
powers of the persons he represents. Such
violence may be manifested in the form of
minor or moderate injuries, beatings, unlawful
deprivation of liberty, and so on.
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
72-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-12
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Unlawful deprivation of liberty is the detention
of a person in a certain place who came
voluntarily but does not want to stay there
anymore, or to keep him in a certain place
despite the person's resistance.
Obstruction of a citizen's right to vote or
exercise of the powers of the persons
represented is committed in connection with
the unlawful deprivation of liberty by force, the
act is qualified as a total offense under Articles
138 and 147 of the CC.
Intimidation is when a victim exercises his / her
right to vote or acts as a trustee, in various
ways (written, verbal) to harm his / her
personal interests (life, health, property,
honor, pride, etc.) or relatives and friends
protected by law. , gestures, etc.) is the
described psychological pressure.
Deception is the intentional misrepresentation
of a person's right to participate in elections,
referenda, and campaigning, as well as the
date, process, time, address, order of ballots,
and similar information necessary for a citizen
to freely participate in election campaigns and
elections. improper transmission is implied.
Extortion means money or various privileges or
incentives provided to a person or a member of
an election commission for obstructing the
work of an election commission in exchange
for not participating in election campaigns,
elections, referendums.
The guilty person shall be held liable in
accordance with Article 147 of the CC from the
moment of the commission of one of the
above acts, regardless of whether the voter or
the candidate's representative could in
practice impede the exercise of the relevant
constitutional rights and powers.
Any sane person who has reached the age of 16
who has obstructed the exercise of the right to
vote or the powers of a trustee shall be the
subject of a crime.
The commission of this crime by an official and
the existence of other necessary aspects shall
give rise to liability under Articles 147 and 205
or 206 of the CC.
In conclusion, it should be noted that the
universally recognized norms of international
law and the national electoral system of the
Republic of Uzbekistan, created in accordance
with the Constitution, allow us to conclude that
an effective legal mechanism has been created
to protect the democratic principles and norms
of electoral rights.
During the years of independence, as a result
of consistent, gradual modernization and
renewal of political, state and legal systems in
Uzbekistan, an electoral system that meets
high democratic requirements has been
formed. Creation of an effective, democratic
electoral system - the formation of a
completely new system of state power,
democratic
renewal
of
socio-political
construction, ensuring the principles of
separation of powers, deep socio-economic
reforms that are reflected in the rapid
development of the real economy, living
standards and welfare has become an
important part of the work being done to
increase.
Indeed, the system of national electoral
legislation created on the basis of the
Constitution of the Republic of Uzbekistan fully
meets the universally recognized democratic
requirements and international standards.
Most importantly, the national election laws
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2693-0803)
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Pages:
72-78
Doi:
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adopted in our country create an effective
mechanism for citizens to exercise their
political, social and economic rights through
the exercise of suffrage. It should be noted
that the growing legal culture of the electorate
today contributes to the free and fair conduct
of elections in many respects within the law. All
of these factors serve to ensure that voters
pass the election process at a high level by
voting responsibly in choosing the most
suitable alternative candidate. It is obvious that
the provisions enshrined in the electoral
legislation of the Republic of Uzbekistan
provide adequate rights and guarantees for
citizens to participate in the management of
state and public affairs through participation in
elections and referendums, in particular
through direct participation in addressing
important issues of the country's future.
The establishment of legal liability, ie
administrative or criminal liability, for violations
of electoral law in the organization or conduct
of elections, infringement on the freedom of
citizens to participate in elections, serves as a
guarantee of protection of citizens' suffrage
and suffrage from any violations.
REFERENCES
1.
Speech by President Sh. Mirziyoyev at the
solemn ceremony dedicated to the 27th
anniversary of the adoption of the
Constitution of the Republic of Uzbekistan
entitled "The Constitution and the rule of
law are the most important criteria of a
democratic state and civil society." 2019 y.
December 7.
2.
Universal Declaration of Human Rights.
Adopted by General Assembly Resolution
217 A (III) of 10 December 1948.
3.
The International Covenant on Civil and
Political Rights was adopted by Resolution
2200 (XXI) of the General Assembly on 16
December 1966 and declared open for
signature, ratification and accession.
Entered into force on 23 March 1976.
4.
Law “On amendments and additions to
some legislative acts of the Republic of
Uzbekistan in connection with the
improvement of the electoral legislation”,
September 4, 2019.
5.
Electoral Code of the Republic of
Uzbekistan
(National
Database
of
Legislation, 26.06.2019, No. 03/19/544/3337;
No. 09/02/2021, No. 03/21/670/0089).
6.
Code of the Republic of Uzbekistan on
Administrative Responsibility. Tashkent
"Uzbekistan" 2020.
7.
Criminal Code of the Republic of
Uzbekistan. Tashkent "Uzbekistan" 2020.
8.
The Constitution of the Republic of
Uzbekistan. Tashkent "Uzbekistan" 2020.
