The electoral system of Uzbekistan combines international standards, the best practices of democratic states, as well as the traditions and values of the Uzbek people. Based on the scrupulous study of positive foreign experience and taking into account the domestic practice of step-by-step formation of a democratic society, a proprietary model of the electoral system based on multiparty system has been created. Thus, a necessary condition for the democracy of the electoral system becomes a mechanism that allows identifying and maximally taking into account diverse social interests, which really reflects the balance of social forces.
The electoral legislation of our country is based on key, universally recognized democratic principles in the world, enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international legal acts ratified by Uzbekistan.
The Constitution of Uzbekistan, adopted on December 8, 1992, contained a separate chapter XXIII devoted to the electoral system. The norms of article 117 consolidated the basic principles and provisions that defined the essence of the electoral system of Uzbekistan. The corresponding chapter of the Constitution in the new version (XXII) has been expanded to include two articles (128 and 129), which define in detail the basic principles and procedure for the functioning of the electoral system. However, the Basic Law does not establish a specific model of the electoral system, but delegates the decision to the Electoral Code of the Republic of Uzbekistan.
Accordingly, in December 2023, amendments and additions were made to the Electoral Code, which significantly changed the model and nature of our electoral system. First of all, the document established a new procedure for holding elections to the Legislative Chamber on the basis of a mixed, i.e. majority-proportional electoral system. Now, 75 single-member electoral districts will be created in the elections to the lower house of the Oliy Majlis, from each of which a deputy will be elected according to the majority system (voting on specific candidates), as well as a single district where voting will be conducted according to party lists (for one party or another), and 75 deputy seats will be distributed proportionally to the number of votes, submitted per batch.
It is worth noting that in accordance with the mixed model of the electoral system, the lower house of the Oliy Majlis will be formed half in the old way, that is, on the basis of the majority system, when the candidate with the majority of votes wins the elections in the district, and the other half in a new way, that is, on the basis of the proportional system, when half of the seats in the chamber the candidates of the party will receive in accordance with the share of votes cast for it by voters.
The candidate who, in relation to other candidates, received the largest number of votes of voters who took part in voting in single-mandate electoral districts is considered elected according to the majority system. Candidates included in the party list are considered elected according to the proportional system. At the same time, the distribution of mandates among deputies is carried out in accordance with the order of candidates included in the party's list.
Also an innovation is the rule according to which, if only one political party won seven percent or more of the votes of voters who took part in the elections, deputy seats will be distributed among the second political party that won the most votes in the elections. In addition, according to the amendments, at least five deputies of the Legislative Chamber have the right to form a faction (previously their number was nine).
During the elections to the Kengashes of People's Deputies, regional, district and city election commissions are established. The number of members of the Central Election Commission has also been reduced (from 15 to 9). At the same time, its chairman is elected on the proposal of the head of state. Moreover, he cannot be elected to this post for more than two consecutive terms, and at least one of the CEC members must be a representative of Karakalpakstan. A major innovation was the increase in the quota, that is, the minimum number of women - from 30 to 40 percent of the total number of candidates for deputies.
Assessing the importance of legislative innovations, it can be emphasized that this is a cardinal step and a breakthrough in the system of forming the composition of representative bodies of state power. Their introduction should be considered as an important tool for updating and improving the electoral system. They create conditions for elections to representative authorities to become even more active and competitive.
The updating of the electoral legislation of Uzbekistan corresponds to public and state needs. Undoubtedly, the introduction of a mixed electoral system in the elections to the Legislative Chamber of the Oliy Majlis will significantly strengthen the competition of political parties.
Elections are a democratic way of forming representative bodies of state power. One of the essential signs of democratic elections is the availability of alternative candidates for elected office. Otherwise, elections lose their socio-political meaning, turn into a kind of appointment, confirmation in office.
It is the political parties that, by nominating their candidates and competing with each other, create the possibility of a valid choice for the voter. Elections legitimize the authorities, that is, they create legitimate grounds for their activities.
It is worth noting that our electoral system is based on modern international electoral standards, it sets out the relevant criteria and requirements, and also takes into account advanced foreign experience. The new electoral legislation should become one of the tools for the implementation of democratic updates, a reliable mechanism for the open and transparent conduct of elections.
The combination of advanced experience of developed countries and national traditions in the national electoral system ensures the free and open expression of the will of the people. The legislative innovations are aimed at ensuring the realization of citizens' electoral rights based on the principles of fairness, transparency, openness and transparency, at creating the necessary conditions for voters to freely participate in elections, and for political parties and their candidates to have broad and equal opportunities during the election campaign.
In order to proportionally and truly represent the interests of citizens, the norms for the number of deputy seats in regional and Tashkent city Kengashes of people's deputies have been determined, which depend on the number of people: in territories with a population of up to two million people - from 30 to 40; from two million and above - from 40 to 50.
The number of deputy seats in district and city Councils of People's Deputies is determined in a similar way: in territories with a population of up to 30 thousand people - from 10 to 15; from 30 to 100 thousand - from 15 to 20; from 100 to 300 thousand - from 20 to 25; more than 300 thousand - from 25 to 30.
Also, the most important feature of the national electoral system is the system of independent election commissions, which ensure the organization and conduct of elections in accordance with the requirements of the law. In addition, for the first time in the history of our country, territorial election commissions are being established in all regions and the city of Tashkent, which organize elections to the regional and Tashkent city Kengashes of people's deputies in the relevant territory.
Thus, the transformation of the electoral system has led to an improvement in the organization and conduct of elections. This process is closely related to the formation of a multiparty system and the increasing maturity of political parties. In addition, conditions have been created to strengthen the role and responsibility of political parties, ensure the independence of election commissions, and introduce a real mechanism for public control over elections.
Innovations in electoral legislation contribute, firstly, to increasing the role and responsibility of political parties in the electoral process; secondly, to creating organizational and legal conditions for the active participation of political parties in the formation of representative authorities.
Ilyas Tulteev,
Head of the Sector of the Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan,
Doctor of Law, Professor.