The President of the Republic of Uzbekistan will be elected on October 24 this year, in accordance with Article 117 of the Constitution of the Republic of Uzbekistan and the Electoral Code. Uzbekistan invited a number of authoritative international organizations, as well as officials from more than 45 nations around the world, to the election in order to ensure openness and transparency. More than 750 international observers are expected to participate in the upcoming elections. Long-term observers from the OSCE /ODIHR and the Inter-Parliamentary Assembly of the Commonwealth of Independent States are already monitoring elections in the country.

The application of democratic constitutional principles, as well as the creation of the necessary conditions for the organizing and conduct of democratic elections, are intimately related to the development of a democratic rule of law and an open civil society. In the process of forming a democratic state governed by the rule of law, the institution of elections is a real mechanism for exercising democracy by the people. This is also reflected in the norms of the Universal Declaration of Human Rights. In particular, Article 21 of this important international document states that “the will of the people should be the basis of the power of the government; this will must find expression in periodic and unfalsified elections, which must be held under universal and equal suffrage by secret ballot or through other equivalent forms that ensure freedom of voting”. This rule is also reflected in the 1966 International Covenant on Civil and Political Rights.

Elections are a crucial aspect of modern democracy, as they are one of the most essential ways for people to express their will and participation in political processes, including the development of representative bodies of authority. Free elections are not only a principle of the formation of state power, but also an expression of its responsibility to the people. At the same time, the election results provide an objective assessment of the level of influence of political parties, reflect the mood of voters, current trends in the political life of the country. The regular holding of free and fair elections is considered one of the most striking indicators that the political system in the country is harmoniously combined with democracy.

The country’s authority in the world community is largely due to the compliance of the country's electoral system with democratic principles. In this sense, improving the electoral legislation in Uzbekistan can be viewed as an important component of democratic reforms. In recent years, within the framework of the Action Strategy, a huge amount of work has been done to ensure the consistent development of New Uzbekistan on the path of democracy, openness and competitiveness to the outside world. These include successive reforms to ensure the constitutional rights of citizens of the country to elect and be elected to representative bodies of state power.

Electoral Code as a Legal Basis for Democratic Elections

The path of codification of electoral legislation has been chosen in Uzbekistan. In 2019, a unified Electoral Code of the Republic of Uzbekistan was enacted, replacing the previous five laws on electoral legislation.

The Electoral Code was developed with the participation of all socio-political forces of the country - political parties, civil society institutions, as well as taking into account the relevant conclusions and opinions of foreign observers of international and regional organizations that participated in the election process in Uzbekistan. In accordance with the Electoral Code, in order to ensure the constitutional rights of citizens to vote and be elected, the legal guarantees for the preparation and conduct of elections were additionally strengthened.

The upcoming elections of the President of the Republic of Uzbekistan are held in accordance with the requirements of the legislation in full and in the context of further deepening democratic reforms and renewing public life, increasing social activity, increasing the responsibility of citizens, as well as an increased demand for political, legal, socio-economic reforms, increasing the role of political parties and civil society institutions.

It should be noted that the Electoral Code of Uzbekistan fully complies with international electoral standards and is developed in accordance with them. The Constitution of the Republic of Uzbekistan is the basis of the system of democratic electoral legislation in our country. According to Article 7 of the Constitution of the Republic of Uzbekistan, the people are the only source of state power. The Electoral Code and other legislative processes enshrine democratic principles in the electoral process.

Basic principles of electoral law

The basic principles of democratic elections are enshrined in the Electoral Code. These are: universal, equal, the right to secret ballot on the basis of direct suffrage, voluntary participation in elections, openness and transparency.

Among the basic principles enshrined in international documents, it includes universal suffrage. This rule is recognized as one of the basic principles of the Constitution of Uzbekistan and the Electoral Code. In particular, according to Articles 3 and 27 of the Electoral Code, elections in the Republic of Uzbekistan are held by secret ballot on the basis of universal, equal and direct suffrage. It is stipulated that the list of voters includes the names of citizens who have reached the age of eighteen by the day or on the day of elections, permanently or temporarily residing at the time of compilation of the list in the territory of the given polling station. Voter lists at polling stations created at diplomatic and other missions of the Republic of Uzbekistan abroad in order to ensure the right of voters to directly participate in the elections of the President of the Republic of Uzbekistan, regardless of their location, are compiled on the basis of information provided by the heads of these institutions.

At the same time, universal suffrage does not mean that citizens' participation in elections is not limited by any legal provisions. In Uzbekistan, as in other democratic countries, the legislation on the election of the head of state has a number of restrictions, and they are not discriminatory. In accordance with Article 90 of the Constitution of the Republic of Uzbekistan, a citizen of the Republic of Uzbekistan at least thirty-five years old, fluent in the state language, permanently residing in the territory of Uzbekistan for at least 10 years immediately before the elections can be elected as President.

The law provides that citizens previously convicted of intentional crimes, as well as professional servants of religious organizations and associations, are not subject to registration as candidates for President of the Republic of Uzbekistan. Citizens who have been declared legally incompetent by the court, as well as persons held in places of imprisonment by a court sentence for grave and especially grave crimes, do not participate in the elections. In any other cases, direct or indirect restriction of the electoral rights of citizens is not allowed.

In accordance with the principle of equal suffrage, every citizen of the Republic of Uzbekistan has one vote.

Women and men have the same voting rights. Members of the armed forces enjoy the same electoral rights as other citizens. In elections, no one has priority depending on social origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation.

According to the principle of direct suffrage, citizens directly express their will in elections. During the voting process, voters make their choice based on their personal views and opinions. If a citizen is abroad at the time of elections, he can vote at a polling station at the representations of the Republic of Uzbekistan in foreign countries.

In addition, the electoral legislation of Uzbekistan provides for early voting. A voter who cannot be at his place of residence on election day due to illness or other reasons has the right to vote early. If the voter cannot come to the polling station for health reasons or for other reasons, the precinct election commission can organize voting at the place where voters stay.

The principle of voluntary participation in elections means that citizens can participate in this political event voluntarily, without any coercion. In Uzbekistan, the voter decides for himself whether it is expedient and necessary to vote. No obligation is imposed on a citizen in the exercise of his electoral right. Unlike our country, in a number of countries, voting in elections is considered the duty of citizens, and refusal to do so can lead not only to fines, but also to imprisonment.

The right to vote by secret ballot is guaranteed by law, and no state body, officials, or public associations are allowed to control the will of voters. In the legislation, voting, including early voting, as well as ensuring the anonymity of voting at the location of the voter, is defined as one of the main responsibilities of election commissions.

Voting takes place in specially designated buildings in which booths or rooms for secret ballot are equipped. In them, the citizen independently puts a mark in the ballot. Except for the voter, no one will be able to be in the booth during a secret ballot; it is forbidden to influence the voter. Another factor that ensures the freedom of citizens to express their will during elections is the inadmissibility of campaigning on election day and one day before the start of voting. Voting ballots are published in the state language, as well as in the languages ​​of the majority of the population of the respective district by decision of the district election commission. In addition, the preparation of stencils for filling out ballots based on the Braille alphabet is provided.

In accordance with the Electoral Code, state and economic management bodies, local government bodies, public associations, as well as citizens' self-government bodies are obliged to provide equipped rooms for holding meetings, to assist in obtaining the necessary reference and information materials.

Another international standard in the field of citizens' suffrage is the principle of fair elections. This means the frequency of elections, the provision of equal opportunities for candidates in the election campaign, openness and transparency of elections, the participation of observers at all stages of the electoral process, and the independence of the judiciary.

An independent judiciary plays an important role in effectively protecting the electoral process from bias and fraud. The electoral legislation of Uzbekistan guarantees the possibility of appealing violations of electoral law and illegal actions of the subjects of the electoral process in court. Thus, the national electoral legislation serves as the basis for the full realization of the right of citizens of the Republic of Uzbekistan to free choice.

Elections and publicity

The publicity of the elections presupposes the coverage of the election campaign in the mass media. Publicity is an indicator of the openness of election commissions in the preparation and conduct of elections, including the counting of votes, the determination of voting results.

Every citizen has the right to seek, receive and disseminate information about the structure of constituencies and precincts, the composition of election commissions, their location and working hours, presidential candidates, voting and election results.

Article 8 of the Electoral Code provides that election commissions inform citizens about their work, about the formation of electoral districts, precincts, about the composition of election commissions, their location and working hours, familiarize them with voter lists, the list of political parties participating in elections, and provide information about candidates in Presidents of the Republic of Uzbekistan, as well as on the results of voting and elections. In addition, the law prescribes constituencies and polling stations, the composition of election commissions, registration of candidates, voting and publication of election results in the media.

The transparency of the election campaign is ensured not only by the media, but also by another institution - local and foreign observers. According to the law, observers from political parties, citizens' self-government bodies, representatives of the media, observers of international organizations have the right to participate in events related to the preparation and conduct of elections, to be present at the polling station during the voting and counting of votes.

It is known that the effectiveness of a democratic political system depends on the conditions for the formation of a civil society and a multiparty system. The upcoming elections are being prepared in full compliance with the electoral legislation defining multiparty system as a political standard of civil society.

Pandemic and elections

Humanity is gradually adapting to life in a pandemic and fighting it. In the context of the coronavirus pandemic, many countries around the world are also holding elections for the President, parliament and local representative bodies, as well as referendums. It is noteworthy that international observers recognize that the population of many countries is more active in these elections than in previous ones.

In a pandemic, the Central Election Commission of Uzbekistan has developed special security plans for voting and for organizing electoral processes. Based on the epidemiological situation on the eve of the elections, it is planned to conduct and organize voting on the basis of special instructions.

Adopted by the Central Election Commission Instruction consists of six chapters. It regulates the implementation of preventive measures during the electoral process, the organization of the voting process, including at the place of residence of a voter undergoing treatment for coronavirus infection at home, counting votes at the polling station and determining the election results in the district.

Specific measures have been established to ensure the electoral rights of patients with coronavirus who are being treated in a hospital or in quarantine at home. In particular, 2 members of the respective polling stations will go to the hospital in special clothes and organize the voting of patients in accordance with the quarantine rules. For this, a separate portable ballot box will be installed. Voters receiving medical treatment at home will also have the right to vote.

International organizations have the right to participate in events related to the preparation and conduct of elections, to be present at the polling station during the voting and counting of votes.

In addition, for members of election commissions, voters, observers and media representatives, it is envisaged to use special means in electoral districts and precincts, rooms for voting: a thermometer for measuring temperature, a pyrometer; protective mask; disposable medical gloves; means of protection and prevention, antiseptics. It is also stipulated that participants in the electoral process must use protective masks, handshakes or other forms of direct contact are prohibited, and social distance must be observed.

On election day, a health worker measures the body temperature of voters at the entrance to the election commission building, disinfects their hands with an antiseptic and monitors their presence wearing a protective mask. Disinfection of buildings and premises, as well as sanitary and epidemiological measures will be carried out by employees of health authorities and sanitary and epidemiological surveillance services.

Elections for President of the Republic of Uzbekistan, which will take place on October 24 this year, are associated with the life of every citizen of our country, and no one will remain indifferent to this important social and political event. As a result, citizens will help to ensuring Uzbekistan's constant progress on the path to further strengthening the rule of law, a democratic state, and the growth of civil society by participating in elections and expressing their will.

Mirzatillo TILLABAEV,

First Deputy Director of the

National Centre of the Republic of Uzbekistan

for Human Rights, Doctor of Law