ELECTORAL LEGISLATION AND PRACTICE: NEW GUARANTEES OF ELECTION RIGHTS

27.01.2023

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United around the noble idea of "from national revival to national rise", our people fully support the wide-ranging reforms that are steadily being implemented towards the high goal of establishing a democratic and free new Uzbekistan.

United around the noble idea of "from national revival to national rise", our people fully support the wide-ranging reforms that are steadily being implemented towards the high goal of establishing a democratic and free new Uzbekistan.

In this responsible process, special attention is paid to the wider and full provision of the electoral rights of citizens by further democratizing the national election system, harmonizing the electoral law and practice with generally recognized international democratic standards.

This is a fact widely recognized by election experts, including international experts and the missions of influential international organizations that monitored our elections. They talk about the great changes that have been implemented in the electoral law and practice of Uzbekistan in recent years, and note the high results of the systematically implemented reforms in this direction among the most important successes.

New opportunities

The rapidly changing world does not require us to be complacent about the successes achieved, but to constantly and boldly strive for improvement and development. The experience gained during the first elections to the parliament and local councils based on the Election Code of the Republic of Uzbekistan showed that there are some gaps and tasks waiting to be solved in the national election legislation and practice.

The signing by President Shavkat Mirziyoyev on February 8 of this year of the law "On amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of the electoral legislation" further guarantees citizens' right to vote, participation in state and community management. is an important factor in the noble cause of wider provision.

The Central Election Commission, together with partner organizations, carried out a huge process from the development of the concept of this bill to its public discussion as a bill in the lower house of the parliament and its adoption in the Oliy Majlis. This process has become another bright confirmation of the openness and people's nature of the activities of state bodies, and the high results of the reforms that are being steadily implemented in our country to ensure freedom of speech and transparency.

This year, an important political event in the life of our country and people will take place - the Presidential election. In his address to the Oliy Majlis on December 29, 2020, the Head of State stated: "The Central Election Commission should pay special attention to the organization of the upcoming election at a high level based on our national legislation and universally recognized international democratic principles." locked.

In this regard, one of the important tasks is to continue the implementation of the acceptable recommendations given by international observers in the past elections into national legislation and practice.

High results of consistent work

Preparations for the upcoming election by the Central Election Commission, despite the difficult conditions related to the pandemic, have been started rapidly and are continuing consistently.

In particular, in cooperation with local state authorities, roundtable discussions on the results and conclusions of the 2019 elections were held in all regions of the country with the participation of voter representatives, election organizers and local leaders. Online discussions were held in the presence of international and local experts. In them, the issues related to the implementation of the recommendations made by the full-fledged Mission of the Human Rights Bureau of the OSCE into the national election law and practice were deeply analyzed and summarized. The newsletter "Election-2019: achievements, problems, proposals" was published in Uzbek, Russian and English languages.

There are many offers from this collection. These include issues such as more efficient organization of elections, further improvement of legal knowledge and electoral culture of the population, optimization of the three-tier system of holding elections to local councils, and increasing the role of district and city election commissions.

Amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of the electoral legislation based on the tasks defined in the State programs for the implementation of the action strategy on the five priority directions of the development of the Republic of Uzbekistan in 2017-2021 Law on inclusion l

the concept of the plan was prepared and its online discussions were held with the participation of Oliy Majlis chambers, representatives of relevant ministries and agencies, scientists, experts and practitioners in the field of election law. In May-June last year, a public hearing was held on the draft law. Reasonable comments and suggestions were taken into account.

In the development of this concept by the Central Election Commission, first of all, the will and desires of the voters, that is, our people, the rich experience gained in the national election legislation and practice, the universally recognized international norms and standards for elections, the elections of advanced foreign countries transfer experience was taken into account.

A great honor in one word

At this point, it should be noted that the proposal to change the time of elections to representative bodies of state power in the draft law has attracted the attention of many people.

In short, as a deputy of the People's Deputies of Tashkent city and Tashkent region, a member of the Senate and the deputy chairman of the Senate, as a direct participant in the election process for many years, from ordinary voters to election organizers and local leaders, I have been involved in the conduct of elections for many citizens. I myself have witnessed his wishes and suggestions about moving to warm days. However, there is no time to change the old tradition of holding elections at the end of the year.

According to many people, holding the elections in an open, warm month, rather than in the harsh winter - December, is comprehensive and for everyone - both for the voters, for the elected, for the organizers of the elections, and after the elections, the supreme state bodies It is also very convenient for timely formation.

There is no doubt that representatives of political parties, local observers and deputies welcomed this important news introduced into the election legislation with great joy. After all, it is no secret that the fact that the elections coincide with the harsh winter season has a negative impact on the citizens' activity in the elections, on the wide-ranging conduct of pre-election campaign activities, especially on the organization of public events.

In addition, as a result of the elections, in accordance with the constitutional provisions and international election standards, the composition of the representative bodies of the legislative power of Uzbekistan and local state power will be renewed based on the principle of periodicity. Executive power at all levels will be reshaped. In addition to these, there are very important processes related to the New Year holiday, year-end and summary, plans and programs for the coming year.

It is natural that such political and legal processes require a certain amount of time and effort. According to the amendments made to the electoral legislation under the new law signed by our President on February 8, now the election to the Presidency, the Legislative Chamber of the Oliy Majlis, the Dzhokorg Council of the Republic of Karakalpakstan, the representative bodies of state power of regions, districts, cities will be held in accordance with their constitutional requirements. it was decided to be held on the first Sunday of the third ten days of October in the year when the term of office expires. As we noted, such elections were previously held in December.

At first glance, replacing one word in Article 117 of the Constitution of our country - "December" with "October" seems like a simple and easy task. But if the good deed of changing this term, which has been in effect for several decades, is carried out today, in the conditions of New Uzbekistan, it is a great wisdom - respect for the opinion and interests of the people. In this respect, the signing of the law by the head of our state is another practical expression of great respect and care in the process of comprehensive reforms that are being implemented for the interests of our people.

Improvement and development

According to the amendments made to the relevant provisions of the Election Code, the practice of forming district election commissions for conducting elections to the Council of People's Deputies, district and city (except for the Tashkent City Council of People's Deputies) was abandoned. The reason: he did not justify himself. According to experts, the number of precinct election commissions in the territory of such district commissions did not exceed three. For comparison: up to a hundred precinct election commissions correspond to each of the constituencies where the members of parliament are elected.

As a result of the optimization of district election commissions that conduct elections to district (city) councils of people's deputies, 5739 district election commissions consisting of more than 54,000 members will no longer be formed. Such optimization, along with putting an end to the concern of excessive time, labor and human resources, according to the data, 33 million of the state budget

It also allows you to save more than 10,000 soums.

In connection with the abolition of the institution of district election commissions holding elections to the district (city) councils of people's deputies and the transfer of their powers to district (city) election commissions, the composition of district and city election commissions has been expanded to 21 members.

Another of the amendments made to the Election Code under the new law concerns Article 23, that is, the establishment of the precinct election commission. It is known that the precinct election commission is formed by the district election commission at least forty days before the election.

During the elections held in 2019, it became known that there is a gap related to the improvement of the electoral legislation in this direction. Article 25 of the Election Code states that "more than half of the members of the precinct election commission cannot be recommended from one organization." The purpose of this emphasis is to prevent situations related to violations of the law, such as abuse and familiarity during the election process. However, in institutions such as hospitals, rest houses, military units, and diplomatic missions of our country abroad, it is difficult to arrange the members of the polling station in such an order due to the requirements of their strict internal rules.

Taking this into account, according to the new law, the third part of this article of the Election Code was stated as follows: "More than half of the members of the precinct election commission cannot be recommended from one organization, except for the diplomatic and other representative offices of the Republic of Uzbekistan in foreign countries. with the exception of precinct election commissions established in military units, sanatoriums and rest homes, other inpatient treatment facilities, places of detention and deprivation of liberty.

Voting abroad

One of the priorities of the far-sighted policy of the leader of our country is to ensure the protection of the citizens of Uzbekistan, their rights and freedoms, and their legal interests, regardless of where they live.

In the elections of 2019, the opportunity to vote for the first time for all our compatriots of voting age living abroad was a practical expression of such high attention. It should be noted that previously only Uzbeks who were officially registered at consular offices exercised their constitutional rights at such political events. In the last election, 112,411 voters living abroad, temporarily or permanently, voted in 55 polling stations in 38 countries of Uzbekistan. It was arranged that 89,807 voters could vote early through mobile ballot boxes in places where our citizens live abroad.

The procedure for inclusion of citizens of Uzbekistan residing in foreign countries in the voter list regardless of whether they are in the consular account of diplomatic missions or not, the legal basis of voting through portable boxes in the place where voters live or work in foreign countries. strengthened.

Now, the list of voters at the polling stations established at the diplomatic and other representative offices of Uzbekistan in foreign countries has been determined based on the information provided by the heads of these institutions.

Established precinct election commissions inform citizens living in foreign countries about the method, place and time of getting acquainted with the voter list.

Citizens living abroad can apply in writing to the precinct election commissions established at the diplomatic and other representative offices of the Republic of Uzbekistan or electronically through the official website of the Ministry of Foreign Affairs 15 days before the election. .

Precinct election commissions established at the diplomatic and other representative offices of Uzbekistan check the information on the person indicated in the application of citizens living in foreign countries for their inclusion in the voter list and resolve the issue of inclusion of the citizen in the voter list. Provides information about citizens included in the voters' list to the Ministry of Foreign Affairs of the Republic of Uzbekistan.

The Ministry of Foreign Affairs submits information about citizens included in the voter list to the State Personalization Center under the Cabinet of Ministers of the Republic of Uzbekistan for making appropriate amendments to the single electronic voter list.

Voting at polling stations established at the diplomatic and other representative offices of Uzbekistan in foreign countries will be held from 8:00 a.m. to 8:00 p.m. local time on the day of the election.

The fact that it is clearly defined in the Election Code is another convenience created for voters living abroad.

He who knows his account will not go astray

Exclusion of the duty of election commissions to organize meetings of candidates with voters, prohibition of use of state resources during pre-election campaign, and in order to prevent unjustified prolongation of election results announcement period, the period of appeal against the decisions of election commissions is from 10 days to 5 days. the introduction of new norms on the reduction of elections serves to conduct elections based on the principles of openness, transparency and independence.

Also, in order to ensure the financial transparency of political parties, a procedure was introduced for them to publish their interim and final financial reports before the election, as well as the results of the audit of the parties' activities by the Chamber of Accounts.

Such accountability serves to ensure the targeted use of funds allocated to political parties for the election campaign. It will put an end to the misuse of these resources by the leadership and responsible persons of political parties.

High responsibility of great tasks

In Article 5 of the Law "On Amendments and Additions to Certain Legislations of the Republic of Uzbekistan in Connection with the Improvement of Election Legislation", the Central Election Commission, together with the Ministry of Justice and other interested ministries, is responsible for the implementation of this Law, delivery to the executors and It is strictly defined to ensure that its essence and importance are explained among the population.

In this regard, the Central Election Commission, in cooperation with relevant ministries, departments, scientific institutions and higher education institutions, has started work aimed at improving the electoral culture of the population and increasing legal literacy. Among our partners in this regard are the National Broadcasting Company of Uzbekistan, the National Information Agency of Uzbekistan, the National Association of Electronic Mass Media of Uzbekistan, journalists and bloggers of the time press, internet publications, and we are grateful to them for their active support.

In the course of campaigning and campaigning, it is also important to inform about the role of election commissions in preparing for and holding the presidential election, and to explain the procedures for organizing and conducting voting. attention is drawn.

It uses all the advanced technologies of promotion, including roundtables, seminars, meetings, online communication, interviews, conferences, trainings, training classes, competitions, quizzes, as well as mass media, social media on the Internet. extensive and effective use of network capabilities is envisaged.

Also, together with partner organizations, work was started on the four-stage training of election commission members on election law and operators on the use of the single electronic list of voters.

All such activities ultimately serve to ensure that the election processes are open and transparent, to further improve the indicators of our country in the international democracy index, to increase the active participation of the population in the presidential election, and to strengthen the sense of courage for the fate of our country.

In connection with the improvement of the electoral legislation, the changes and additions made to some legal documents have become important in the socio-political life of our country and are an important factor in the further strengthening of democratic principles, such as openness, transparency, truthfulness, impartiality and independence. ladi

 


Zayniddin NIZAMKHODJAYEV,

Republic of Uzbekistan

Chairman of the Central Election Commission,

Hero of Uzbekistan.

 


"New Uzbekistan" newspaper

Issue 33 of February 16, 2021

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