In the Address submitted by the Honorable President Shavkat Miromonovich Mirziyoyev to the Oliy Majlis of the Republic of Uzbekistan on December 28, 2018: "Next year, the next election to the Oliy Majlis and local Councils will be held in our country. "We need to start all-round preparations to conduct this political process, which is extremely important in the social and political life of our country, on the basis of our national legislation and international standards at a high level," he said.
The "Election Code" signed by the head of our state on June 25, 2019, consists of 18 chapters and 103 articles, and the fact that it is recognized as one of the most democratic election documents in the international community with the implementation of international election standards makes us proud.
It is known that the principles of universality, equality, directness, voluntariness, transparency, and fairness are of primary importance in the principles of international elections.
Article 8 of the Election Code of the Republic of Uzbekistan entitled "Openness and transparency in preparing for and conducting elections" serves as a legal basis for the implementation of the principle of transparency in future elections.
Article 5 of the Law of the Republic of Uzbekistan "On Citizen Self-Government Bodies" states that "the principles of the activities of citizens' self-government bodies are legality, human rights, freedoms and legitimate interests, democracy, transparency, social justice, independence in solving issues of local importance, public based on mutual assistance, social partnership, taking into account local customs and traditions.
In the implementation of Article 8 of the Election Code, we can see that the appointment of observers from citizens' self-governance bodies is in harmony with the basic principles of the activities of citizens' self-governance bodies.
In fact, election commissions conduct preparation and conduct of elections openly and transparently.
Election commissions inform citizens about their work, about the formation of electoral districts and precincts, about the composition of election commissions, their location and working hours, introduce the lists of voters, the list of political parties participating in the election, candidates for deputies of the Legislative Chamber of the Oliy Majlis, deputies of local councils. as well as information on voting and election results.
Mass media will cover the progress of election preparations and how the election is going. Meetings of election commissions are held in public. Decisions of election commissions are published in the mass media or made public in accordance with the procedure established by the Election Code. Observers from political parties, citizens' self-government bodies, representatives of the mass media, representatives of other countries, who have nominated candidates for the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, deputies of local Councils, in all activities related to the preparation and conduct of the election, as well as in the voting booths and counting of votes on the day of the election , observers from international organizations have the right to participate.
At this point, it is appropriate to mention the following tariffs about the principle of transparency in international documents.
The principle of transparency provides that elections will be held in accordance with laws based on the principles of transparency. Transparency will put an end to illegal activities in the election process. Thus, counting of votes must be publicly reviewed and approved from the level of the polling station to the level of the Central Election Commission. Candidates' proxies, representatives of political parties and public associations, scientific and foreign observers, as well as representatives of mass media may be present during the counting of votes. These processes do not contradict the principle of secret elections. Maybe it will ensure the passage of truth.
In accordance with Article 33 of the Election Code of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "On Political Parties", "On Self-Governing Bodies of Citizens" on observers of citizens' self-governing bodies in elections to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and People's Deputies to regional, district and city councils The Charter of the Central Election Commission was adopted.
The regulation defines the legal status, rights and obligations of observers, as well as the procedure for formalizing their documents.
An observer has the right to participate in all activities related to the preparation and conduct of the election, as well as in the processes of voting and counting of votes on the day of the election at each polling station. The purpose of monitoring is to exercise public control over the observance of election legislation in all activities related to the preparation and conduct of the election, including voting and counting of votes on election day. After registering the observer based on his mandate and identity document, election commissions will create conditions for him to exercise his powers fully and without hindrance.
It is worth noting that the chairman (elder) of the citizens' assembly, his deputy, adviser, as well as other officials of the citizens' assembly bodies, can be observers from the citizens' self-governing bodies.
If we define the concept of an official here, Article 10 of the Law "On Self-Government Bodies of Citizens" provides the requirements of the Citizens' Assembly Statute, and this statute provides for the election of the Chairman of the Citizens' Assembly, his deputies, and advisers, as well as other officials of the Citizens' Assembly bodies. the procedure for election, confirmation and appointment is established. Based on this Regulation, it is considered appropriate to draw up a list of this category of persons.
According to the Regulation adopted by the Central Election Commission, citizens' self-government bodies apply to them after the formation of the district election commission. The list of observers to the application (with full name, position, residential address and telephone number), copies of their identity documents, 3x4 cm. two size photographs are attached.
Self-government bodies of citizens can apply to district election commissions about their observers at least fifteen days before the election. The district election commission shall make a decision and issue a mandate for the observer within five days after receiving the application of the citizen self-government body.
The mandate model is determined by the regulation on the procedure of the district election commissions holding elections to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, regional, district and city councils of People's Deputies, approved by the decision of the Central Election Commission of the Republic of Uzbekistan No. 924 of July 29, 2019. The mandate may include special symbols (mandate color or other) to distinguish a political party from other political parties and citizens' self-government bodies.
After receiving the mandates from the district election commission, the citizens' self-government bodies ensure that they are delivered to the observers. If the candidate for observation is under 18 years old or is not a citizen of the Republic of Uzbekistan; if the application is made less than fifteen days before the election; if there is no official of the self-governing body of citizens and if the specified documents are not fully submitted, the mandate to the observer may be refused.
The observer will be required to wear a mandate during all activities related to the preparation and conduct of the election, as well as on the day of voting.
The observer's term of office begins on the day of the mandate and ends on the day the election results are officially announced. In the case of a decision to hold a repeat vote or a repeat election by the relevant election commission, the mandate of the observers will be extended for an appropriate period.
Regarding the rights and obligations of the observer, the observer:
to be present at meetings of election commissions; participation in meetings dedicated to nomination of candidates, meetings of candidates with voters;
to be present at the polling station, to monitor the progress of preparations, the placement of secret voting booths or rooms and the sealing of ballot boxes, the registration of citizens, the delivery of ballot papers to them;
monitoring the voting process on election day; to be informed about the time and place of early voting and to monitor this process; monitoring the voting process at the voter's location with his permission; to be present when the votes are counted and the report of the election commission is drawn up;
request and receive copies of the documents on election results certified by the relevant election commission; carry out photo, video, audio recordings without violating the secrecy of the election process and voting (with the exception of places of detention and deprivation of liberty, military units, medical institutions);
address to mass media representatives about the results of surveillance;
to receive reports on the results of vote counting from precinct election commissions by the district election commission and to be present in the process of determining the election results by district; to notify the district election commission at least three days before the election about the desire to observe the election process in the polling stations set up in places of detention and deprivation of liberty;
if there are reasons to believe that the requirements of the election legislation have been violated in the polling station, to inform the members of the election commission of this station about their observations without interfering in their work, as well as to inform the higher-ranking election commissions; he has the right to express his opinion on the legislative documents on the election, as well as on the preparation and conduct of the election.
The observer also exercises other rights in accordance with the legislation.
At the same time, the observer: adheres to the Constitution of the Republic of Uzbekistan, the Election Code, decisions of the Central Election Commission; when visiting election commissions at all levels, state authorities and management bodies, and other organizations, carry the mandate given to him and the document confirming his identity and show them in accordance with the request of officials; must support their conclusions with personal observation and real materials.
The observer is prohibited from:
to be in the voting booth or room when the voter is marking the ballot;
influencing voters, distributing any campaign material or literature; ask voters who they voted for or otherwise assist voters in marking a ballot;
interfering with the activities of the precinct election commission, including when ballot boxes are being sealed, opened, and votes are counted; publication of the results of public opinion polls, forecasts of election results, and other studies related to the ongoing election on the day of the election and the day before the start of voting.
In the event that the observer does not comply with the requirements of the Election Code of the Republic of Uzbekistan and the provisions of this Regulation, the district election commission may terminate his powers earlier.
Also, the observer may appeal the decisions of the election commissions to the higher election commission or to the court within ten days after the adoption of these decisions. The observer can directly participate in the review of the complaint.
In short, the participation of observers from citizens' self-governing bodies in the upcoming elections is a novelty in the electoral legislation, and the high level participation of neighborhood activists who are working diligently to ease the burden of our people on the basis of social justice and legality in the regions will further increase the reputation of our country in the implementation of this new norm. will be a worthy contribution.
Yunusov Bahadirjon
Member of the Central Election Commission
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