The USA Journals Volume 03 Issue 04-2021
111
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
111-118
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-17
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‘
ABSTRACT
The article examines the role of political parties in the electoral culture of society, electoral
technologies, peculiarities of working with voters in the electoral process, the order, forms and
methods of implementing the electoral functions of political parties. The author notes that in
Uzbekistan not enough attention is paid to the use of the electoral functions of political parties, there
are gaps in the legislation on this issue.
The author argues that the main direction of improving domestic practice and legal solutions to these
issues is the effective use of information technology.
KEYWORDS
Political party, electorate, electoral function, electoral platform, program of a political party.
INTRODUCTION
According to international electoral standards
and the experience of developed countries,
there are different legal mechanisms for the
direction, methods and forms of work of
political parties with the electorate. These legal
provisions and mechanisms should include
measures to ensure the free expression of the
will of citizens, the election of authorities, the
Electoral Function Of Political Parties: Theoretical And Legal
Views
Bekov Ikhtiyor Rustamovich
PhD In Law , Associate Professor Of The Department Of Tashkent State Law University,
Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
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 04-2021
112
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
111-118
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-17
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restraint
of
state
activities
and
the
establishment of strong public control over
them, the creation of equal opportunities and
conditions for political forces.
The fundamental basis of these rules and
mechanisms is the most democratic way of
forming the optimal state power - elections.
The participation of political parties in the
management of public affairs is the most
effective way to involve them in the process of
organizing
public
authorities,
public
administration and lawmaking.
The process of democratic formation of
representative bodies of state power is largely
associated with the growing role of political
parties in the life of the state, the development
of political diversity as the basis of the
constitutional system. These three aspects are
inseparable and complementary. Although
Article 5 of the Law of the Republic of
Uzbekistan "On Political Parties" prohibits the
interference of the state and parties in each
other's activities, it is the participation of
political parties in elections that contributes to
the development of constitutional political and
ideological diversity.
Some scholars describe a political party as, on
the one hand, a
"party-organization" and, on the other, a
"party of voters." For example, according to E.
Downs, a party is "a group of people who want
to run the state apparatus by holding positions
in organized elections." [1. P. 3]
In developed countries, a lot of research has
been done on political parties and their
methods of working with the electorate, their
forms. If we look at the research published in
recent years, it should be noted that significant
research has been conducted on the organic
relationship between the political party and
the electorate, the role of the party in the
development of political pluralism in society.
In particular, Y. Mersel analyzed the dissolution
of political parties, the termination of their
activities is a problem that needs to be solved
by internal democracy [2. P. 84-113],
R.C.Wigton in his study considers the
appropriateness of the programs and goals of
existing political parties in the United States to
the country's constitution, noting that the
courts should repeal them if the programmatic
goals or interests of political parties contradict
the U.S. Constitution [3] ( In this case, the
contradictions are not the parties opposed to
the constitutional order, but the fact that their
goals contradict the general constitutional
principles - the author's comment).
The interests of the electorate of political
parties have been analyzed not only in
developed countries but also in African
countries
experiencing
a
process
of
democratic development. In particular, C. M.
Fombad points out political parties as the main
tool for solving the problems that arise in
ensuring constitutionalism and the exercise of
constitutional rights in Africa [4. P. 1-45].
In his study, R. Gabryszak analyzed the
dynamics of changes in the positions of
political parties in Poland in addressing the
social issues of the electorate in each election
year, and puts forward the view that these
processes change in each election year in
accordance with the level of socio-economic
development [5. P. 95].
In recent years, a number of articles have been
published on the legal status of political parties
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and especially their role in the development of
the country.
In particular, O. Heath and A. Siegfeld, in their
articles, assessed the variability of elections in
India from time to time, the entry of political
parties into these processes and the
termination of their activities, and concluded
that the existence of a political party depends
on the interests of the electorate [6. P. 570].
It should be noted that the research conducted
in the last century has put forward a number of
fundamental ideas on the level of electoral
effectiveness of political parties and its
evaluation.
In
particular,
K.
Deshouer
distinguishes between "electoral efficiency"
measured by the number of votes and
"political efficiency" measured by participation
in government and leadership [7. P. 6] In
agreement with the opinion of this researcher,
we believe that it is important to keep in mind
that these two efficiencies are inextricably
linked. This is because “electoral efficiency” in
turn serves to ensure “political efficiency” that
governs government and provides political
leadership.
K. Janda, a well-known expert in the field of
partology, describes the functions of a political
party as "an organization aimed at the open
holding of public office by its representatives"
[8. P. 32].
Indeed, political parties not only participate in
the representation and protection of certain
social interests, but their main task is to
participate in the decision-making and
implementation at the state level based on
their electoral interests.
This participation depends in essence on the
positions they hold in the representative
bodies at the end of the election, and requires
political parties to conduct ongoing research to
improve the electoral efficiency. Therefore, the
participation of political parties in elections is
characterized by a majority in parliament,
participation in the formation or formation of
government, and the struggle for state power
through elections.
The struggle of political parties for state power
reflects their political competition. An
important task of the parties is to turn the
interests of individual citizens, social strata and
interest groups into their common political
interests. The most important political rights of
citizens are realized through parties and
electoral systems. Russian researcher E.A.
Volkova notes that parties actively participate
in or indirectly influence the mechanism of
exercise of political power [9. P. 6].
Researchers studying the legal status and
activities of political parties pay special
attention to the electoral function of parties.
At the same time, they make extensive use of a
special method of scientific knowledge - a
functional
approach.
Thus,
some
representatives of the functional approach
describe the function of the party in a broad
sense: "... to achieve a certain social or political
goal" [10. P. 5] and in the narrow sense: "... the
desire to expand the powers granted by the
people, or part of them, to exercise political
power through elections or in addition to
elections,
and
to
continue
political
governance" [11. P. 3-4].
The main function of political parties is to
legitimize political activity, to seek mutual
consent between different groups of society
and the state, to coordinate social processes,
to participate in the formation of democratic
public authorities through elections.
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The latter function is also commonly referred
to as the electoral function. Modern political
parties that perform this function are
becoming an important factor (element) of
democratic electoral practice.
According to the scientific literature, the term
electorate (Latin "elector" - voter, English
"electorate" - a group of voters, the electoral
corps) – means the total number of voters in a
particular state, administrative-territorial unit
or a constituency. In addition, this concept can
also mean a deputy who represents a party, a
voter who supports an elected official.
Hence, there is no single approach to the
concept of electorate. According to the first
approach, the term "electorate" refers to all
voters. According to the second approach - the
electorate - it is the voters of the party. In our
opinion,
the
second
interpretation
corresponds to the essence of the category of
"electorate". This view is based on an analysis
of the practice of a number of foreign
countries. In particular, "the electorate is the
layer of voters who vote for the candidates of
political parties and support the election of a
representative of this party in government."
Accordingly, the electorate is the supporters of
a particular political party, the mass of voters
who support it, i.e. the social base of the party.
Proponents of the electoral function M.
Duverger, R. Katz, J. Lambert,
E. Leykman, R. Taagepera, M. Shugart, etc.)
[12] fully link the political life of the party only
with the electoral process, that is, with the
legitimate participation of parties in the
formation of representative bodies of power
through elections.
Hence, the electoral function, along with other
functions of political parties, is understood as
one of the important areas of activity in
achieving their socio-political role, goals and
objectives. The electoral function of political
parties is interrelated with their other
functions and operates through interaction.
In carrying out these tasks, not only political
parties and civil society institutions, but also
every citizen, civil servant must feel a great
responsibility to himself [13].
Another task related to the content of the
electoral function is to cultivate human
resources, ie to form a circle of candidates for
the party's representative bodies, to elect and
encourage them, to prepare them for public
administration, to systematically organize the
acquisition of necessary knowledge and skills. .
In other words, cadres for modern parties are
not trained in special universities or retraining
courses. Based on its ideas and views, the party
seeks and educates politicians who will serve
to develop it in the future. In short, the party is
an important institution for personnel
development.
In addition to the above, the electoral function
of political parties
includes the following tasks
:
campaigning,
nominating
candidates,
collecting
voters'
signatures,
preparing
election platforms, conducting pre-election
and post-election campaigning, monitoring the
voting process and summarizing election
results. According to some experts, most of
the modern party systems in developed
countries have an "electoral function". While
fully supporting this view, it should be noted
that the misconception that political parties
perform their functions only in the electoral
process has not worked.
There are countries that emphasize the
electoral function in the classification of the
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functions of political parties [14. P. 74]. For
example, the scientific literature on the
analysis of the functions of parties in the
United States classifies functions such as
communicative,
unifying,
as
well
as
participation in the electoral process, holding
seats in the representative div of state power
through elections, and participation in the
exercise of state power through their
representatives.
Some experts point out three main functions
of the party: the formation of public opinion,
the selection of candidates for elected state
bodies and the creation of conditions for the
activities of deputies [15. P. 2].
It should be noted that all of the above
functions are performed by parties in a
complex way and sometimes in practice it is
difficult to separate them, the measures to
implement them are closely interrelated, often
intersecting and encompassing each other.
Taking into account the above approaches, it is
expedient to understand the participation of
political parties in the electoral process, ie the
electoral function - the implementation of the
rights and obligations of political parties in the
field of electoral relations through certain
electoral procedures, actions, tools and forms.
Only by winning elections and gaining seats in
the representative div of power can a party
legally
gain
power
and
achieve
its
programmatic goals. Victory in elections is a
key condition for the successful operation of
the party, a measure of its effectiveness and
vitality. These results cannot be achieved
without effective use of the electoral functions
of political parties.
Thus, the electoral function has a special place
in the activities of parties. In some literatures,
this function is also called a structural function.
This is the function of the party aimed at
developing the electoral strategy, promoting
the election platform, nominating candidates.
The electoral function has a mass character, so
its implementation is not only a right but also
an obligation of political parties. Today, in
many democracies around the world, there is a
tendency for electoral legislation to focus on
strengthening the status of political parties,
seeking to regulate their activities in detail at
each stage of the electoral process.
In order for our analysis to be comprehensive
and systematic, we consider it expedient to
focus on the national legal framework of the
electoral function of parties.
According to Article 1 of the Law of the
Republic of Uzbekistan "On Political Parties", a
political party is formed on the basis of
common views, interests and goals of citizens
of the Republic of Uzbekistan and is a voluntary
association.
In our opinion, this definition of legislation
does not sufficiently reflect the electoral
function, which is an important function of the
party, because it is this function that leads to
the official struggle for state power.
In accordance with Article 12 of the Law "On
Political Parties": "Political parties have the
right to participate in the elections of the
President of the Republic of Uzbekistan, public
authorities in the manner prescribed by law."
Hence,
the
legislature
has
indirectly
strengthened the electoral functions of all
public associations with the status of political
parties. In this regard, we support the idea that
participation in the struggle for state power
through elections should be enshrined in law as
a key feature of a political party.
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We also consider it expedient to improve the
mechanism of legal regulation of electoral
relations. At the same time, we envisage a
system of all organically organized legal
instruments that can be adopted, the use of
which will ensure an effective special legal
effect on electoral relations. These legal
mechanisms cover all important aspects of the
electoral process.
It follows that one of the main tasks of a
political party is to organize and conduct an
election campaign. Therefore, participation in
elections is not only the main task of a political
party, but also a social duty. Unfortunately,
neither the Law of the Republic of Uzbekistan
“On Political Parties” nor the Electoral Code
stipulate that participation in elections is a legal
obligation of a party.
Therefore, we consider it expedient to
supplement Article 1 of the Law "On Political
Parties" with a provision on the mandatory
participation of parties in elections. At the
same time, if a party does not participate in the
election campaign for a certain period of time,
we advice to strengthen the norm in the law
that it can remain an ordinary public
association and lose the status of a political
party.
Thus, the electoral function of the party, as one
of the leading directions of its activities, has a
multifaceted nature, and its implementation in
various forms and methods is regulated in
detail in the legislation. Participation in the
election process is an embodiment of the social
nature of political parties and their political and
legal role in the mechanism of people's power.
Therefore, the electoral function should be
legally strengthened in the legislation in the
organizational and legal mechanism of the
exercise of the right of parties to participate in
elections.
Another important issue is that the formation
of the electoral legal culture of the electorate
is a very important component of the electoral
function of political parties.
An important aspect of the legal culture of the
electorate is the rational use of all
opportunities created in the polling stations
with justice, fairness and responsibility, feeling
that the elections are a test of deep
understanding, deep thinking and knowledge
for each voter. There should be no room for
superficiality, indifference, indifference and
falsity in this regard, on the contrary, every
citizen should have a sense of responsibility for
the fate of the country, involvement in
reforms.
In conclusion, it should be noted that elections
are an important form of participation of
political parties in
the formation
of
representative bodies of state power. At the
same time, the parties implement their
electoral policy by organizing various events in
support of their candidates.
The success of the electoral function is a basic
condition for the existence and functioning of
a political party, an indicator of the
effectiveness and vitality of its activities. After
all, in the eyes of voters, the party can get a
positive or negative assessment of the election
results. The results of this function allow to
determine the level of voter confidence in a
particular party, a candidate.
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