The USA Journals Volume 03 Issue 04-2021
187
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
187-193
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-29
I
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2021:
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952
‘
ABSTRACT
This article describes the use of majoritarian, proportional and mixed types of electoral systems in the
practice of state building in the world, and discusses issues related to the use of these types as
electoral systems in some countries around the world. The article also provides an in-depth study of
the application of these systems in our country.
KEYWORDS
Election, electoral system, majoritarian, proportional and mixed types, electoral code, local executive
power.
INTRODUCTION
It is well known that elections play an
important role in building a democratic state
governed by the rule of law and civil society.
Therefore, from the first days of independence
of our country, special attention is paid to the
formation of electoral legislation based on
democratic principles.
First of all, the Constitution of the Republic of
Uzbekistan enshrines the right of citizens to
An Introduction Of The Election System Of Local Government
Leaders: Creating Organizational And Legal Framework Is A
Priority
Shakhobiddin Abduadizovich Kholboev
Master Student, Academy Of Public Administration Under The President Of The Republic Of
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
188
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
187-193
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-29
I
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2021:
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participate in the management of public and
state affairs directly and through their
representatives. Their right to vote and to be
elected to representative bodies of state
power, the right to vote, equality and freedom
of expression of their will are constitutionally
guaranteed in a separate chapter. Five laws
regulating the organization and conduct of
elections to public authorities have been
adopted.
In general, the electoral system is a set of
electoral procedures and the legal norms that
establish them. The electoral system includes
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. Majority, proportional and mixed
forms of electoral system are used in the
practice of state building in the world. These
species have been studied many times by
domestic and international researchers.
However, in this article we would like to briefly
dwell on these types of elections that are used
in many countries as a system today.
THE MAIN FINDINGS AND RESULTS
In the system of majoritarian elections (French.
majorite - from the word majority) means the
determination of the results of voting in the
representative bodies. The candidate (or list of
candidates) who receives the majority of votes
established by law is considered elected in a
certain constituency. In modern constitutional
law, majoritarian electoral systems based on a
relative, absolute and qualified majority vote
are used. For example, USA, UK, India, Mexico
et al. In a majoritarian system based on an
absolute majority vote, a candidate who
receives an absolute (or simple) majority vote
(i.e., 50% +1 vote) of the total number of votes
cast and deemed valid shall be deemed
elected. If none of the candidates receives
enough votes, a re-vote will be held, leaving 2
candidates with the most votes on the list of
candidates. Sometimes, instead of repeat
voting, a second round of voting is held, the
results of which are determined by a different
system (for example, in France, the National
Assembly is a majoritarian system based on an
absolute majority in parliamentary elections,
and in a second round of voting is a relative
majority). The majority system, based on a
relative majority vote, is the simplest system, in
which the candidate is considered to have
received the most votes from each of his or her
opponents. In this system, a party that does
not often have the support of the electorate
can have multiple seats in parliament. This
form of majority system is used in the United
States, the United Kingdom, and many other
countries. There is also a majoritarian system
based on a rare majority, which is rarely used
(2/3, 3/4 of the total votes) (for example, in
Chile, such a system is used in elections to the
lower house of parliament - the Chamber of
Deputies). However, since only very few
candidates can get 65% of the vote, mandates
are usually distributed according to a
proportional
representation
system.
Depending on the number of deputies elected
from each constituency, there may be single-
member
or
multi-member
majoritarian
electoral systems. In a single-member majority
system, a deputy is elected from one
constituency. In a multi-member majority
system, several deputies are elected from one
constituency.
The proportional electoral system
is a more
complex procedure for determining the results
of voting, in which the mandates are
The USA Journals Volume 03 Issue 04-2021
189
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
187-193
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-29
I
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F
ACTOR
2021:
5.
952
distributed among the political parties that
nominated
their
candidates
to
the
representative bodies and other mass
movements according to the number of votes
they received. In a proportional electoral
system, large constituencies are formed in
which each party nominates a list of its
representatives, and voters vote for a list of
representatives nominated by the respective
parties or mass movements. To determine the
results of voting, an election criterion
(yokikvota), the number of votes required to
win a seat (usually at least 4-5%) is set. In this
case, according to the condition, the
candidates of certain public associations
participate in the distribution of mandates only
after receiving the specified votes. First of all,
the number of votes cast is divided by the
number of seats. Then the number of votes in
the single mandate will be known. The votes
received by each party are then counted
separately. It is divided by the number of votes
required for one mandate of the deputy. Then
comes the number of seats allocated to this
political party or mass movement. In such a
system, the voter actually votes for a political
party, not for a candidate. The number of
deputies' mandates shall be determined in
accordance with the established norms and
proportionally. These seats are given by the
party's governing bodies to candidates who
are at the top of the party list. The proportional
electoral system is available in Israel, Hungary,
Austria, Denmark, Spain, Poland and other
countries.
The mixed electoral system incorporates
elements
of
both
majoritarian
and
proportional electoral systems. In Germany, for
example, a mixed system is used in elections to
the Bundestag. Half of its deputies are elected
in single-member constituencies across the
country on the basis of a relative majority,
while the other half are elected on a
proportional system based on a list of
candidates nominated by political parties in
German lands (federations), which are multi-
member constituencies.
The mixed electoral system
is also used in
Bulgaria, Georgia, Lithuania, Italy and other
countries.
The electoral system of the Republic of
Uzbekistan is regulated by the Constitution of
the country and the relevant laws on elections.
According to them, Uzbekistan has a majority
electoral system. For example, a candidate for
deputy of the Legislative Chamber of the Oliy
Majlis of the Republic of Uzbekistan and local
authorities must receive more than half of the
votes cast in the constituency. An election shall
be deemed invalid if less than half of the voters
included in the voter list participated in the
election. If more than 2 candidates are elected
in a constituency and none of them receives a
majority of votes, i.e. is not elected as a deputy,
the district election commission shall decide to
re-vote the 2 candidates who received the
most votes in the constituency. This decision
will be sent to the Central Election Commission.
Based on the decision of the Central Election
Commission, repeat voting will be held in 2
weeks.
In pursuance of the tasks set in the Action
Strategy for the five priority areas of
development of the Republic of Uzbekistan for
2017-2021, for the first time in the history of our
country in 2019, an integrated law covering all
legal norms related to elections was adopted.
During the development of this important
document, 5 election laws and about 40 legal
documents
of
the
Central
Election
Commission, more than 10 international
The USA Journals Volume 03 Issue 04-2021
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2693-0803)
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April 30, 2021 |
Pages:
187-193
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-29
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election documents, electoral legislation of
more than 50 foreign countries were analyzed.
10 recommendations of the OSCE Office for
Democratic Institutions and Human Rights and
the Venice Commission have been included in
the Electoral Code of the Republic of
Uzbekistan. It was widely discussed and
examined by international organizations and
implemented.
The Code contains more than thirty new norms
and rules that serve to conduct elections in a
democratic, open and transparent manner on
the
basis
of
universally
recognized
international standards and principles, and
removes many of the existing restrictions.
The Electoral Code, adopted on June 25, 2019,
set reasonable requirements for signatures in
support of candidates.
The Electoral Code has created a legal
framework for greater opportunities for
citizens and voters. Previously, citizens were
able to elect candidates to the Legislative
Chamber from only 135 constituencies, but
now this number has increased to 15 and now
stands at 150. This, of course, will serve to
further increase the capacity of citizens in the
management of public affairs, expand the
representation of citizens, and increase their
influence on government [1, p. 26].
Germany's electoral system is governed by the
country's 1949 Constitution and the 1993
Federal Election Law. At the same time, the
normative legal acts of the German states also
apply. The elections in the country will be held
in 3 stages.
Successful implementation of large-scale
reforms at the current stage of the country's
development and the achievement of the goals
of the Action Strategy for the five priority areas
of development of the Republic of Uzbekistan
in 2017 / - / 2021 requires the organization of
harmonious activities of public administration
bodies and local executive authorities.
At the same time, the institutional framework
of some executive bodies and economic
management bodies that do not meet modern
requirements and the principles of their
activities hinder the full implementation of
reforms and the achievement of goals.
There are still a number of systemic problems
and shortcomings that hinder the successful
implementation
of
state
policy
on
modernization of economic sectors and the
social sphere, comprehensive development of
the regions, improving the living standards and
welfare of the population, in particular:
First, the basis for organizing the activities
of the executive authorities does not
provide timely solutions to the problems
that have accumulated on the ground,
slowing down the pace of development of
the regions;
Secondly, the declarative nature of the
tasks assigned to some executive bodies,
the lack of organizational and legal
mechanisms for their implementation, the
duplication of tasks and the existence of
cases of excessive government regulation
have
a
negative
impact
on
the
effectiveness of ongoing reforms;
Thirdly, the current system of coordination
and control over the activities of the
executive branch does not provide timely
identification and elimination of systemic
problems that hinder the implementation
of decisions;
Fourth, the mechanisms for assessing the
performance of the executive branch
consist only of the recording of cases and
The USA Journals Volume 03 Issue 04-2021
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Pages:
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the current collection of statistics, which in
most cases does not reflect the true state
of affairs on the ground;
Fifth, there are no clear boundaries of the
responsibilities of the executive authorities
and their leaders, in particular, effective
mechanisms of internal departmental and
interdepartmental cooperation of the
executive authorities on the ground;
Sixth, the over-centralization of state
functions and powers leads to a decrease
in the role of local executive authorities in
the formation of regional development
programs and solving the most important
problems of the population;
Seventh, the level of introduction of
modern innovative methods of planning
and organization of work in the
management
process,
advanced
information
and
communication
technologies does not allow to ensure the
effective implementation of decisions and
rapid monitoring of its process; it also leads
to excessive bureaucracy and high costs in
public administration;
Eighth, the combination of regulatory and
economic functions of the state by
economic
management
bodies;
an
outdated network management system
that does not have sufficient flexibility and
market
orientation,
unreasonable
provision
of
individual
privileges,
preferences and advantages hinders the
development of a healthy competitive
environment;
Ninth, the underdevelopment of social and
public-private partnerships limits the
participation of NGOs and businesses in
solving pressing socio-economic problems
and, consequently, does not ensure a
reduction in budget expenditures;
Tenth,
insufficient
openness
and
transparency of the executive branch,
weak mechanisms of public control lead to
excessive bureaucracy and various forms
of corruption;
Eleventh, the lack of responsibility and
initiative of some leaders has a negative
impact on the timely and quality solution of
tasks and targets for integrated socio-
economic development of the regions [2].
“There is a lot of talk about electing governors.
I said that myself. But there is a question: are
we ready to elect governors now? We can't
elect a single mahalla chairman fairly”, he said.
[3].
At the same time, a proposal on “Introduction
of the practice of popular election of
governors” was posted on the portal of public
appeals “Meningfikrim” to be studied and
commented on by the population of our
country on this issue. In particular, it says:
“Ensuring the effectiveness of reforms in our
country
depends
on
the
dedication,
enthusiasm, knowledge and ability to work
with the people of civil servants. In this regard,
the responsibilities and obligations of district
governors in particular are very high.
Therefore, it is important to introduce the
practice of electing city and district mayors by
the people as soon as possible. It is known
from social networks that there is now a public
outcry against many governors. Therefore, it is
necessary to introduce the practice of self-
election and election of governors in the
regions. Only then will our governors hear the
people's grievances and work with them. He
will also make every effort to fulfill the tasks
and instructions given by the President.
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Pages:
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A fixed number of candidates must be selected
from each district or city, and the most suitable
of them must be elected. It is advisable to leave
the assessment of the work of the elected
governor to the people. It is necessary to
develop and implement a separate legislation
in this regard ”[4].
The petition was attended by more than 36.5
thousand people, who expressed their views
on the election of these governors by the
people.
At the same time, the issue has been the
subject of much discussion on social media:
from ordinary citizens to political scientists and
MPs, who have expressed their views on the
“election of governors”.
It should be noted that some well-known
political scientists and even representatives of
the people did not take a deep approach to the
issue and did not have a clear conclusion
(people are ready to elect governors, those
who allow it are not ready”) ...
Indeed, in the electoral system of developed
countries, or even in countries where today the
leadership of local government is determined
by elections, in order to put into practice a
particular system, first of all, its goals and
objectives are defined and a mechanism is
developed; the legal framework is formed, the
necessary normative legal acts of national
legislation are adopted.
CONCLUSION
Based on the above, the following general
conclusions
can
be
drawn
on
the
democratization of local government and
administration.
•
Further democratization of the principle of
constitutional
division
of
local
government;
•
Management structures of local executive
power, new methods of electing heads of
local government, implementation of work
on their election in cooperation with other
states;
•
Limiting
centralization
in
local
government;
•
Ensuring the coordinated functioning and
cooperation of local authorities as
governors;
•
Further improve the distribution of local
government, executive;
•
A new stage of modernization, reform and
democratization of the political system has
been entered. Expanding the powers of
local executive authorities on the basis of
amendments and additions to the
Constitution of the Republic of Uzbekistan;
•
Election of governors, a number of issues
related to the activities of public
receptions, the development of new
initiatives.
It should be noted that all the experiences of
socio-economic formations that have lived
throughout the life of mankind should serve to
ensure future development, that is, a
prosperous and happy life of man. In a
globalizing world, democracy is also a non-stop
process that results in the formation,
interaction, and influence of different views
and systems in different forms and purposes.
Improving the electoral legislation on the basis
of the requirements of democratization and
modernization of society will inevitably serve
the interests of the people, guarantee equal
conditions for free and voluntary participation
of citizens in the management of public affairs,
directly and through their representatives.
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
187-193
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-29
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REFERENCES
1.
Alimov R. (2002). Parliamentarism: the
experience of foreign countries. Tashkent.
Shark.
–
p.
26.
(Алимов
Р.
Парламентаризм:
хорижий
мамлакатлар
тажрибаси.
Тошкент.
Шарк, 2002. -26 бет.)
2.
Decree of the President of the Republic of
Uzbekistan “On approval of the concept
of administrative reform in the Republic of
Uzbekistan”, 8.09. 2017. (“Ўзбекистон
Республикасида маъмурий исло
ҳ
отлар
концепсиясини тасди
қ
лаш тў
ғ
рисида”ги
Ўзбекистон Республикаси Президенти
Фармони, 8.09. 2017.)
3.
https://www.gazeta.uz/uz/2021/03/19/elec
tions/
4.
https://meningfikrim.uz/uz/petitions/view/
3842
5.
Electoral Code of the Republic of
Uzbekistan, https://lex.uz/docs/4386848
(Ўзбекистон Республикасининг Сайлов
Кодекси, https://lex.uz/docs/4386848)
