As recognized in the Presidential Decree "On the Strategy of Actions for the Development of the Republic of Uzbekistan": "Large-scale reforms implemented in our country during the years of independence strengthen national statehood and sovereignty, security and law and order, the inviolability of our country's borders, the rule of law in society, human rights and freedoms, international became an important foundation for ensuring an environment of harmony and religious tolerance, created the necessary conditions for the decent living of our people and the realization of the creative potential of our citizens."
Khudoyor Mamatov,
Head of the Secretariat of the Central Election Commission.
Doctor of legal sciences, professor
As recognized in the Presidential Decree "On the Strategy of Actions for the Development of the Republic of Uzbekistan": "Large-scale reforms implemented in our country during the years of independence strengthen national statehood and sovereignty, security and law and order, the inviolability of our country's borders, the rule of law in society, human rights and freedoms, international became an important foundation for ensuring an environment of harmony and religious tolerance, created the necessary conditions for the decent living of our people and the realization of the creative potential of our citizens."
The "Strategy of Actions", which has received great interest and special attention from the general public, is of great importance due to its conceptual importance at the rising stage of Uzbekistan's development. It is appropriate to recognize that the discussion of this document by state and non-state organizations, especially by the activists of political parties, which are one of the most important institutions of civil society, as well as by public representatives, is a practical manifestation of democratic reforms in our country. In a word, the discussion of the "Strategy of Actions" is an extremely vital and vivid expression of communication with the people.
After all, the Constitution of the Republic of Uzbekistan:
As stated in Article 7: The people are the only source of state power. State power in the Republic of Uzbekistan is exercised only by the authorities authorized by the Constitution and the laws adopted on the basis of the interests of the people. Appropriation of the powers of the state power, suspension or termination of the activities of the authorities, creation of new and parallel structures of the power in a manner not provided for by the Constitution is a violation of the Constitution and is the basis for prosecution according to the law.
According to Article 10, only the Oliy Majlis and the President of the Republic elected by the people of Uzbekistan can act on behalf of the people of Uzbekistan. No part of society, political party, public association, social movement or individual has the right to act on behalf of the people of Uzbekistan.
Based on Article 11, the system of state power of the Republic of Uzbekistan is based on the principle of division of power into legislative, executive and judicial powers.
Pursuant to Article 76, the Oliy Majlis of the Republic of Uzbekistan is the supreme state representative body and exercises legislative power. The Oliy Majlis consists of two chambers - the Legislative Chamber (lower chamber) and the Senate (upper chamber). The term of office of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan is five years.
As can be seen from the above norms, the Oliy Majlis, as the legislative body of the country, is one of the highest bodies of state power with the authority to act on behalf of the people of Uzbekistan. It consists of two chambers. The lower house - the Legislative Chamber consists of 150 deputies, who are directly elected by citizens of the Republic of Uzbekistan who have reached the age of 18.
The upper house - the Senate consists of 100 senators and is the regional representative house. Its 84 members are elected from the Republic of Karakalpakstan, regions and the city of Tashkent in equal numbers - six people. Elections to the Senate are held by secret voting among the deputies at the relevant joint meetings of the deputies directly elected by voters to the Dzhokorgi Council of the Republic of Karakalpakstan and the local Councils of People's Deputies.
Sixteen members of the Senate are appointed by the President of the Republic of Uzbekistan from among the most prestigious citizens who have great practical experience in the fields of science, art, literature, production and other branches of state and society.
Based on these important norms reflected in the Constitution of the Republic of Uzbekistan and the Election Code, it can be said that the elections to the Legislative Chamber of the Oliy Majlis and local councils of people's deputies, which will be held on December 22 of this year, will further strengthen our national independence, Uzbek
It will be another important practical step in joining the country to the ranks of developed democracies in the world. It will open the door of new opportunities for all our people, our voters, especially our youth to express their aspirations.
Indeed, elections are a democratic value. Therefore, every democratic state establishes people's power based on this value. Elections are an integral sign of a democratic legal state, the main form of free expression of the will of the people, participation of citizens in the management of the state and society.
It is known that the importance of the electoral institution in democratic countries is manifested in the following:
first of all, the highest bodies of state power and local representative bodies are formed through elections.
secondly, the election serves the legal formation of political forces fighting for the formation of power and the creation of a healthy competitive environment;
thirdly, the introduction of the electoral process serves to increase the political activity of citizens, legal awareness and political culture.
Therefore, in the years of independence, the election of the President of the Republic of Uzbekistan, elections to representative bodies of state power became an integral part of the country's social and political life, and had a significant impact on the rise of political and legal consciousness of citizens. During the past period, the electoral legislation has also developed. Today it has become an independent branch of law.
If the Constitution of the Republic of Uzbekistan expresses universally recognized principles and priority norms of international law, this aspect was also important in the development of national suffrage. Electoral legislation is developing in accordance with international election standards. Our achievements in this regard are recognized not only by national experts, but also by international experts. According to them, a democratic electoral legislation has been created in Uzbekistan that fully meets the requirements of the times and even advances it in some directions from some developed countries. In particular, the impartial conclusions of nearly 600 foreign observers and representatives of prestigious international organizations who visited the country's presidential election on December 4, 2016, are proof of this.
Today, while the state is creating its national legal system and the appropriate legal framework for it, it is impossible not to see the perspective of the path it has chosen in harmony with the globalization processes of the world. The impact of international law on national law is significant and inevitable. Generalized experience of other countries at the level of international legal documents allows not to repeat common mistakes when considering effective models of application of national law and legal system. Democratization is manifested in the reformation of national institutions and primarily serves to realize human rights and freedoms.
Election legislation of our country is one of the most dynamic and consistently developing branches of the national legal system. In the social and political life of the country, international election standards have become one of the solid foundations and criteria for changes in the field of elections. They incorporate legal categories such as openness and transparency in preparing for and conducting democratic elections, legality, collegiality, independence and fairness in the activities of election commissions at all levels. The strengthening of international electoral obligations at the level of the national legal system and the application of international electoral norms to the current legislation is a serious step towards the establishment of a strong democratic legal state of our country.
International election standards express the main principles of conducting elections. The main principles of elections are understood as a set of priority rules (principles) related to the preparation and conduct of elections. These principles include: a) universal suffrage; b) equal suffrage; c) the right to direct election; g) the right to vote by secret ballot.
It is reflected in Article 25 of the International Covenant on Civil and Political Rights adopted by the United Nations, Article 1 of the Declaration on the Criteria for Free and Fair Elections adopted by the Inter-Parliamentary Union Council, the document of the Copenhagen Council on Humanitarian Criteria of the Organization for Security and Cooperation in Europe and other international documents. These principles are the Constitution of the Republic of Uzbekistan, the Republic of Uzbekistan
si is strengthened in the Election Code and other legal documents related to elections, and is of great importance in the democratic, open and transparent conduct of future elections in accordance with the requirements of international standards.
International election standards are expressed in a number of international documents, the main of which include: first, the Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948). Second, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, together with its Protocol 1. Third, the International Covenant on Civil and Political Rights (UN, December 16, 1966). Fourth, a document of the Copenhagen Council of the OSCE Conference on Humanitarian Criteria (Copenhagen, June 29, 1990). Fifth, the 1994 Declaration on Criteria for Free and Fair Elections. Sixth, the Convention on the Standards of Democratic Elections, Electoral Rights and Freedoms in the States Participating in the Commonwealth of Independent States (Chisinau, October 7, 2002) and others.
Article 21 of the Universal Declaration of Human Rights states that everyone has the right to participate in the governance of their country directly or through freely elected representatives, at the same time that the will of the people should be the basis of state power, power shall be exercised by secret ballot using universal and equal suffrage or it is emphasized that it should be expressed in elections held by means of other forms of equal value that ensure freedom of expression.
Also, in accordance with Article 25 of the International Covenant on Civil and Political Rights adopted by the UN, every citizen should have the following rights and opportunities: first, to participate in the management of state affairs, both directly and through freely elected representatives; secondly, to vote and be elected in a truly periodic election based on universal and equal suffrage, conducted by secret ballot and ensuring the free will of the electorate; thirdly, to have equal opportunities to enter the public service in their country under general conditions.
Pursuant to paragraphs 11-12 of the Declaration on the Criteria for Free and Fair Elections adopted by the Inter-Parliamentary Union Council at its 154th session in Paris on March 26, 1994, ensuring the institutions and legal guarantees of truly free and fair elections, impartiality, fairness and stability in the organization and conduct of elections to establish a mechanism, to respect and observe the rights of all citizens, to provide the necessary opportunities for parties and candidates to introduce their programs, to observe the principle of secret voting, to prevent bribery or other illegal actions, to ensure a clear and understandable conduct of the election process It is the responsibility of the member states to take legal and other measures to prevent cases of violence in elections, to quickly and effectively consider complaints related to the election process by election bodies and courts.
The document of the Conference on Humanitarian Criteria of the Organization for Security and Cooperation in Europe stipulates that the will of the people, which is held regularly and is freely expressed in real elections, is the basis of power and the legitimacy of any government. At the same time, a number of norms of this document state that the will of the people serves as the basis of state power, that is, the participating states:
- conduct free elections within a reasonable period of time, as defined by law;
- allow all mandates in at least one chamber of the national legislative body to be the subject of free contestation by candidates during the general election process;
- they guarantee general and equal suffrage to senior citizens;
- they ensure that voting is conducted secretly or a procedure equivalent to free voting is used, and the counting of votes and the information about it are true, and its official results are announced in the press;
- respect the rights of citizens, as individuals or as representatives of political parties or organizations, to reach political positions or public positions without discrimination;
- respect the right of individuals or groups of individuals to form their own political parties in conditions of full freedom, and provide such political parties and organizations with the necessary legal guarantees that allow them to compete with each other on the basis of equality before the law and state bodies;
- the presence of both foreign and national observers from the participating countries increases the reputation of the electoral process for the host country
they believe that it is possible. Therefore, norms have been established that they invite observers from any other OSCE participating States and relevant institutions and organizations to observe the national election to the extent permitted by law.
The reputation of the country at the world level depends to a large extent on the openness and democracy of the electoral system operating in it. Because the election is considered as an integral sign of a democratic legal state with a strong civil society, free expression of the will of the people, and the main form of citizens' participation in the management of society and state affairs. In the development of a democratic state, it is important that the relations between the people and the society are regulated not by the will of one person or a group of persons, but on the basis of the law. Therefore, the rule of law is recognized as one of the main characteristics of a democratic legal state. After all, it serves to ensure justice. This principle, which is included in the constitutions of developed democratic legal states in the world, is also strengthened in the Constitution of the Republic of Uzbekistan.
In conclusion, it can be said that conducting elections based on these universally recognized principles serves as a basic requirement for the development of democracy, as well as an expression of interest in respecting human rights and the rule of law. The development of the electoral system in Uzbekistan is in line with international election standards and serves the rise of national statehood and political-legal consciousness and culture of the public.
