Increasing the role of political parties and the political activity of our citizens in the life of Uzbekistan is one of the important issues. Therefore, in order to ensure their participation in the process of forming state power, it is proposed to switch to a mixed electoral system. It is envisaged that 50 percent of the deputies of the Legislative Chamber of the Oliy Majlis will be elected by a majority of votes, that is, as now, candidates who have received the most votes in certain districts. The remaining 50 percent will be elected proportionally, that is, by voting not for a specific person, but for a party based on a list provided by the parties.
In such an electoral system, parties play an important role. They try to make their relations with the population effective and efficient. The party will receive a certain number of votes only if it can convince the electorate of the effectiveness of its program. This ensures political pluralism in society.
Therefore, at the initiative of a group of deputies of the Legislative Chamber, a draft Constitutional law "On amendments and additions to certain legislative acts of the Republic of Uzbekistan aimed at further improving the procedure for holding elections and referendums" was developed.
The draft law provides for amendments and additions to the Electoral Code and seven laws.
Firstly, in connection with the transition to a mixed electoral system, the words "by territorial single-mandate districts" in terms of holding elections to the Legislative Chamber are excluded from the constitutional laws "On the results of the referendum and the basic principles of the organization of state power", "On the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan" and the Electoral Code.
Secondly, the Electoral Code introduces provisions providing for a majority and proportional electoral system. In particular, the electoral districts are divided into seventy-five territorial single-mandate and unified electoral districts. In this case, the entire territory of the Republic of Uzbekistan is considered a single electoral district for holding elections to the Legislative Chamber on the basis of a party list. That is, it is determined that 75 deputies of the Legislative Chamber will be elected from single—mandate districts according to the current majority system, the remaining 75 - from a single district according to the proportional system based on the party list.
It is noteworthy that at least every third candidate on the party list will be a woman. This will ensure gender equality and allow women to realize their potential.
Also, the program of a political party published by the Central Election Commission and the party list are included in the list of materials that should be in the buildings where the precinct commissions are located.
In case of the release of a deputy seat created on the basis of the proportional system, it is filled at the expense of candidates from the list of the party registered by the corresponding political party, but not having a mandate.
It is established that political parties that received at least seven percent
the votes of the voters who took part in voting in a single electoral district in the elections to the Legislative Chamber
receive a mandate in accordance with the established procedure. If none of the political parties received less than seven percent of the votes of the voters who took part in the elections, the elections are declared invalid.
It is also installed
the exact order of distribution of parliamentary seats between parties based on the votes of voters in a single constituency. In this case, the total number of votes given to parties that exceeded the seven percent limit in the proportional electoral system is divided by
75 seats, and the resulting number is an electoral coefficient. Then the number of votes cast for each party is divided by this electoral coefficient. The resulting number is equal to the number of deputies assigned to each party. The procedure is also disclosed in the case of the formation of an odd number, as a result of which some deputy mandates remain unallocated.
Thirdly, it is proposed to include in the Electoral Code rules that take into account the vertical system of election commissions, in particular "Central Election Commission - territorial Election Commission — district and city election commissions — district election Commission — precinct election Commission".
In this case, it is envisaged to create territorial election commissions instead of regional and Tashkent city election commissions. It is proposed to abandon the procedure for the formation of district election commissions for the election of the President of the Republic of Uzbekistan and the election of deputies of the Legislative Chamber with the assignment of these duties to territorial election commissions.
In order to ensure the professional work of election commissions, it is established to ensure the activities of up to three members of territorial election commissions on a permanent basis. The number of permanent members of the Central Election Commission is also increasing from seven to nine, and the activities of its members on a voluntary basis are being terminated. That is, all nine members of the CEC are invited to work on a permanent basis. At the same time, the social guarantee of election commission members is being strengthened.
Fourth, the rules for the formation of electoral districts are being improved. In particular, the current Electoral Code sets the maximum number of districts for elections to local Kengashes, but does not specify the exact number of districts. Therefore, in the draft, the number of districts for holding elections to local Kengashes is equal to the number of corresponding deputy seats, and the number of deputy seats will be determined based on the population.
In order to constantly ensure the relevance and accuracy of the voter list, electoral districts and precincts will be formed once every five years.
The number of newly created districts for holding elections to the Kengash of People's Deputies, if previously determined by the Central Election Commission, now it is determined by the Senate. In addition, if earlier districts for holding elections to newly formed district, city local Kengashes were formed by the regional Kengash of people's deputies, now they will be organized by the territorial election commission.
Fifthly, it is proposed that citizens who are abroad participate in voting in the elections of the Legislative Chamber according to the proportional system. This will ensure the implementation of their political will, prevent the transfer of their votes to another constituency that has nothing to do with them.
Sixth, the procedure for determining the results of elections to the Legislative Chamber and local councils is being improved. For example, in single-mandate constituencies, deputies will be elected not by an absolute, but by a relative majority of votes.
Seventh, norms aimed at further enhancing the role of political parties in Parliament are being introduced.
It is known that deputies elected on party lists do not have a specific constituency.
The main responsibility for the formation of relations between such deputies and voters rests with the factions of political parties. Also, the relationship of deputies elected on the basis of the list of candidates nominated by political parties with voters is determined, respectively, by the faction of the political party.
In the proposed system of proportional elections, if political parties gain at least seven percent of the vote, they will receive deputy seats. Accordingly, in order to create an opportunity for the parties with the lowest number of votes and while remaining faithful to the principle of multiparty membership, the number of deputies who can form factions in the Legislative Chamber is reduced from nine to five.
Eighth, the powers of election commissions are being reviewed. In particular, in accordance with the Constitution, the powers of
The Central Election Commission includes the organization and conduct of elections to local Kengashes, the creation of territorial election commissions, as
well as electoral districts for holding elections to the newly formed regional Kengash and others.
The powers of the district election commission for the creation of polling stations and precinct commissions, registration of proxies of candidates for deputies in the relevant district are transferred to territorial election commissions.
Ninth, in order to protect personal information, it is proposed to limit the list of voters placed in the building of the precinct commission by specifying only the surname, first name, patronymic and year of birth of each voter.
Tenth, on the basis of the amendments made to the electoral legislation, the legislation on the referendum is also being improved. In particular, the Law "On the Referendum of the Republic of Uzbekistan" cancels the procedure for the formation of referendum districts and district commissions, it is proposed to transfer the tasks of district commissions to regional and Tashkent city territorial election commissions.
In accordance with the Electoral Code, it is determined that polling stations during the referendum are considered to be referendum sites.
Based on the requirements of the Electoral Code, in addition to the current restrictions, members of the precinct referendum commission may not be members of political parties, deputies, senators, khokims of regions, districts and cities, their deputies, members of other election commissions, citizens with outstanding or outstanding convictions for serious or especially serious crimes.
In general, the adoption of this Constitutional Law and the legislation on referendums and elections will be brought into line
with the Constitution in a new edition, the powers of the Central Election Commission, territorial, district, city election commissions will be clarified, a legal basis for the introduction of an electoral system based on the majority-proportional form of the formation of the deputies of the Legislative Chamber will be created.