THE VOTER'S RIGHT TO FREE EXPRESSION IS GUARANTEED BY LAW

31.01.2023

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In the universally recognized international election standards, the voting rights of citizens are mainly divided into two parts, active voting rights and passive voting rights. The active right to vote is the right of citizens to participate as voters in the election of the head of state and representative bodies of power, that is, to vote. Passive right to vote is the right of a citizen to be elected to state bodies (head of state). Unlike the active right to vote, the passive right to vote can be limited by requirements such as a relatively high age requirement for citizens, the requirement to have certain property, and having lived in the territory of the country for a certain period of time.

As can be seen from the above definition, a citizen who has the right to vote is a voter. The voter is the main participant in the election process, because in accordance with Article 7 of the Constitution of the Republic of Uzbekistan, he, together with other citizens of the Republic of Uzbekistan, constitutes the people of Uzbekistan and is the sole source of power. By participating in the voting, it provides the state power and local representative bodies, elected officials with the appropriate authority.

When we say a voter, we imagine, first of all, a person who participates in the voting process during the election campaign, that is, who secretly votes on the ballot. There is a perception that a voter only has the right to vote. In the Election Code of the Republic of Uzbekistan and other regulatory documents, the scope of the voter's rights related to the right to vote is defined quite broadly. Their main ones are:

- the right to vote, receive information and distribute it during the election process;

- the right to support the candidate by collecting signatures in support of the nomination or signing the signature sheet;

- the right to carry out election campaign in ways that do not require financial costs;

- the right to have the status of another participant in the election process (observer, authorized representative, trustee, commission member, etc.);

- the right to get acquainted with personal information created in the single electronic list of voters at the polling station;

- the right to participate in the formation of election commissions;

- the right to protect one's electoral rights, the right to appeal against decisions or actions that discriminate against one's electoral rights, including voting results.

According to the current national election legislation, citizens become active voters when they turn 18, and this right is expressed in their ability to participate in voting. Regardless of a citizen's gender, race, nationality, language, religion, social origin, belief, personality, and social status, it is not allowed to limit the right to vote.

According to Article 117 of the Constitution of the Republic of Uzbekistan, persons who have been declared incompetent by the court, as well as those who have been detained in places of deprivation of liberty by the court's verdict for committing serious and extremely serious crimes, shall not participate in the election. In any other cases, it is not allowed to directly or indirectly restrict the voting rights of citizens.

A citizen exercises his active right to vote, as a rule, in a secret voting room or booth at a polling station established in the area of his residence. At the same time, if a voter cannot come to the polling station to freely express his will due to health or disability, he is given the opportunity to exercise the right to vote outside the polling station (polling station) at his place of residence.

For example, in accordance with Article 56 of the Election Code of the Republic of Uzbekistan, in cases where some voters cannot come to the polling station due to their health or other reasons, the relevant precinct election commission organizes voting at the place where they are located at the request of these voters. At least two members of the relevant commission will be sent to the voter's place with a mobile ballot box, they will ensure that the vote is carried out in compliance with the voter's wishes. Observers and media representatives may be present.

Also, based on Article 10 of the Election Code, polling stations can be established in sanatoriums, rest homes, hospitals and other inpatient treatment facilities, in military units where citizens live in remote and inaccessible areas, in places of detention and deprivation of liberty. In such cases, precinct election commissions ensure the possibility of using the right to vote for the voters included in the voter's list in the polling stations established in such places.

Fuq of the Republic of Uzbekistan

being outside the place of permanent residence or the territory of the polling station established there during the election period cannot be grounds for depriving him of the right to participate in voting. Such voters can exercise their active right to vote by voting early at the polling station of their permanent residence.

In addition, in accordance with the Regulation on the procedure for the operation of precinct election commissions conducting the election of the President of the Republic of Uzbekistan, approved by the decision of the Central Election Commission of the Republic of Uzbekistan No. 1066 dated April 14, 2021, members of precinct election commissions clarifies the list of voters by going door-to-door in the territory of the polling station.

If there are citizens temporarily residing in the territory of the polling station (due to work, study, business trip, recreation, hospitality) and during a personal interview with them it is determined that they will be in the territory of this polling station on the day of voting, these citizens the polling station in the territory of the temporary residence, regardless of whether or not it was registered by the place of temporary residence, will be included in the voters' list. In this case, the member of the precinct election commission sends a message to the polling station at the place of permanent residence of the citizen through the information system of managing the election process and takes measures to include him in the voter list.

In this way, regardless of the region where the voter is on the voting day, strictly following the universally recognized democratic principles such as "one voter can be included in only one voter's list", "one voter has one vote", the citizen's right to vote is ensured.

In accordance with international electoral standards, voting in elections is secret and requires the restriction of any control over the free expression of the citizen's will.

This international democratic norm is fully reflected in Article 7 of the Election Code of the Republic of Uzbekistan. According to it, a free and secret vote is given in the election. It is not allowed to control the will of the voters. Secret voting is ensured by creating appropriate conditions that exclude the possibility of controlling the will of the voter in any way.

In accordance with national laws regulating the field of elections and information, every citizen has the right to receive and distribute information about the election process. Election commissions, state authorities, local self-government bodies, mass media provide citizens with impartial and truthful information about election processes.

The volume and content of information provided to citizens during the election campaign should ensure the ability to effectively use their electoral rights and freely express their will in the election. Why, the truthfulness, legality, objectivity, and legitimacy of the elections directly depend on the provision of true and impartial, complete and prompt, impartial information about the election process to the voters.

Voters also have the right to get acquainted with their information from the single electronic list of voters in the Election Process Management System, from the list of voters formed at the polling stations.

Voters have the right to organize and participate in meetings at their places of residence, work or study, to propose their candidates or the candidates of other voters to be included in the membership of district or precinct election commissions, respectively.

The state guarantees the protection and implementation of the electoral rights of voters. Along with state bodies, election commissions also help to protect and ensure the rights of voters. Giving voters the right to complain about their violated rights is an important guarantee that their rights will be protected. According to the current laws, voters have the right to appeal to the court in case of violation of their electoral rights, including decisions of election commissions.

The only duty imposed on voters in our national election law is the duty to follow the election law. As stated above, the voter's participation in the election and voting is not an obligation, but a right. However, it is the duty of every citizen to effectively use this right, to see his fate in connection with the fate of the state, society, people, and to be an active participant in the humane and fair reforms implemented in the country.

 


Khudoyar MAMATOV,

Central Election Commission

secretary, doctor of legal sciences, professor

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