President Shavkat Mirziyoyev, at a meeting with deputies on March 6 this year, proposed switching to a mixed electoral system to increase the role of political parties. This proposal is also implied in the new version of the draft Constitutional Law of the Republic of Uzbekistan "On the Constitution of the Republic of Uzbekistan", namely under article 92.
The proposed draft Constitution in a new version (article 92, chapter XVIII), dedicated to the Oliy Majlis of the Republic of Uzbekistan, refers directly to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, although the electoral system is not specifically defined. But this does not prevent the holding of elections under a mixed system. In this norm there is a reference "in accordance with the law", that is, according to the Electoral Code.
The practice of election campaigns in a modern democratic state shows: parliamentary elections are elections in which political parties necessarily participate. Therefore, the process of democratizing elections and the procedure for forming the parliament presuppose the formation and development of a multi-party system.
And in our country, political parties play an important role in the implementation of democracy, they are the basis of modern democracy. In December 2019, elections to the Legislative Chamber of the Oliy Majlis on the basis of the Electoral Code were held in Uzbekistan for the first time. In January 2020, repeated elections to the lower house of Parliament of the Oliy Majlis were held in some districts. As you know, the Legislative Chamber of the Oliy Majlis consists of 150 deputies who are elected in territorial single-mandate districts on a multiparty basis according to the majoritarian electoral system. In this regard, in the Electoral Code we can specify: this is a majority or proportional system. Speaking about the question raised, I fully support this proposal, as the mixed electoral system will further strengthen the role of political parties in the republic.
The purpose of the mixed system is to combine the advantages of electoral systems and, if possible, eliminate their disadvantages. From the proportional electoral system, we will attribute to a number of advantages the stimulation of the development of political parties, which represent one of the basic institutions of civil society in countries with established democratic traditions. The majority electoral system, unlike the proportional one, provides an opportunity for political parties to take an active part in the electoral process.
It is appropriate to explain to readers the distinctive features of electoral systems.
Thus, the mixed system includes proportional and majority systems. Some of the mandates are distributed according to the proportional system, and the other - according to the majority system.
The majority system is a method of determining the results of voting, in which it is required to collect a majority of votes established by law in order to obtain a mandate. In addition, there are two types: relative majority and absolute.
The majority system of relative majority assumes that the candidate who has received more votes than each of his opponents individually is considered elected.
The majority system of the absolute majority: to be elected, a candidate must obtain an absolute majority of the votes cast in the electoral district (50 percent + 1 vote). The advantage of this system is the simplicity of determining the winning candidate, the disadvantage is the low representativeness of votes.
The proportional electoral system is a method of determining the results of voting, which is based on the principle of the distribution of seats in proportion to the number of votes received by each party.
Under such a system, large districts are formed, from each of which several deputies are elected. Often the whole country becomes a constituency. Elections are held only on a party basis: voting goes according to party lists, the population does not vote for specific candidates, but for a political party.
Mixed electoral systems are spoken of if different systems are used in the elections of the same representative chamber. At the same time, they strive to combine their advantages and, if possible, eliminate or compensate for disadvantages.
Thus, speaking about the geography of the spread of the mixed electoral system in the world, it can be noted that Armenia, Croatia, Georgia, Hungary and Lithuania use mixed systems. In Latin America, the mixed system is adopted in Bolivia and Venezuela. In addition to new democracies, established democratic regimes such as Italy, Japan and New Zealand are changing electoral systems in favor of a mixed system. Due to the possibility of combining the party nature of the elections with the preservation of the principle of individual representation, the mixed electoral system will make it possible to more fully reflect the will of the voters.
I believe that a mixed electoral system will contribute to the activation of the activities of political parties, their direct participation in the formation of parliament, the adoption of laws and decisions of national importance.
Omon Mukhamedzhanov.
Professor of Tashkent
State Law
University, Doctor of Law.