NEWS IN ELECTION LAW: THE PRESUMPTION OF INNOCENCE. PARTICIPATION OF PEOPLE DEPRIVED OF LIBERTY IN ELECTIONS

25.01.2023

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The high results of the rapid reforms in the judicial and legal sphere of our country are reflected in the adoption of vital laws aimed at ensuring and further expanding the rights and freedoms of our people. As in all spheres, the liberalization of the electoral legislation, in turn, serves to conduct elections on the basis of open, transparent, democratic and universally recognized principles.

The high results of the rapid reforms in the judicial and legal sphere of our country are reflected in the adoption of vital laws aimed at ensuring and further expanding the rights and freedoms of our people. As in all areas, the liberalization of the electoral legislation, in turn, serves to conduct elections based on open, transparent, democratic and universally recognized principles.

The announcement of December 22, 2019 by the Central Election Commission of the Republic of Uzbekistan as an election day for the Legislative Chamber of the Oliy Majlis and local councils of People's Deputies, and the start of the election campaign from September 20, was an event that attracted the attention of not only our country, but also the international community. The International Press Center of the Central Election Commission has started work.

The first press conference was held by the Central Election Commission of the Republic of Uzbekistan in this center equipped with modern information technologies. At the event attended by representatives of our country and foreign mass media, the Chairman of the Central Election Commission of the Republic of Uzbekistan Mirzoulugbek Abdusalomov answered all the journalists' questions in detail. The signing of the law on the implementation of the Election Code of the Republic of Uzbekistan by the President of the Republic of Uzbekistan on June 25 of this year was a huge event in the socio-political, economic, legal, spiritual and educational life of our country.

As expected, the journalists' questions were mainly about the news of the election campaign. The project was discussed in detail by the general public and international experts, including at major international scientific and practical conferences, and the new norms and opportunities included in the Electoral Code adopted by the Oliy Majlis are naturally of interest to many. The participation of prisoners in the elections is one such important news.

At the same time, for the first time in the history of our country, persons detained in places of deprivation of liberty by court verdict for crimes of low social risk and not very serious will participate in this year's elections.

In order to implement this norm, the Central Election Commission, in cooperation with legal scholars, practitioners and law enforcement agencies, developed and adopted the "Regulation on the procedure for organizing polling stations in places of detention and deprivation of liberty".

In accordance with the Election Code of the Republic of Uzbekistan, the procedure for the establishment of polling stations, the formation of precinct election commissions and the organization of voting in places of detention and deprivation of liberty during the election of the President of the Republic of Uzbekistan, the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and the regional, district and city Councils of People's Deputies is specified. .

Persons held in prisons and imprisoned, as well as those detained in places of deprivation of liberty by the court's verdict for committing crimes of low social risk and not too serious, shall be included in the voter list of polling stations established in places of imprisonment and deprivation of liberty.

The following basic concepts are used in this Regulation:

detained - a person suspected of having committed a crime and detained in a service building or a cell of a temporary detention center, which is not considered a place of deprivation of liberty, on the grounds provided for in Article 221 of the Code of Criminal Procedure of the Republic of Uzbekistan;

detained - a suspect, accused person and a defendant who has been detained in accordance with the Code of Criminal Procedure of the Republic of Uzbekistan;

detention - detention in investigative detention centers of persons suspected of having committed a crime or persons subject to preventive measures in the form of detention;

crimes of low social risk - crimes committed intentionally and punishable by imprisonment for a term of not more than three years, as well as crimes committed due to carelessness and punishable by imprisonment for a term of not more than five years;

serious crimes - eg

crimes committed by sd, punishable by imprisonment for a term of more than five years, but not more than ten years;

extremely serious crimes - crimes committed intentionally and punishable by imprisonment for a term of more than ten years or life imprisonment;

address-colony - a penal institution where convicts serving a sentence are kept without guards, but under supervision.

Citizens of the Republic of Uzbekistan who have reached the age of 18 on the election day have the right to vote. Persons detained and imprisoned in prisons, as well as those detained in places of deprivation of liberty by the court's verdict for committing crimes of low social risk and not very serious, have the right to vote. Persons 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.

The implementation of this Regulation will be another manifestation of the high results of reforms in the field of justice in our country.

As it was noted at the press conference, the persons who were detained and imprisoned in prisons, as well as those who were detained in places of deprivation of liberty by the court's verdict for committing crimes of low social risk and not very serious, also had the right to vote for the first time in the history of our country. After all, such persons were only deprived of their freedom, no one restricted their right to vote.

Bahadirjon YUNUSOV,

Republic of Uzbekistan

Member of the Central Election Commission.

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