Uzbek Laws Provide Responsibility For Violation Of Democratic Election Principles

Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established.

According to the program, preparations for the March 1 presidential election on democratic principles have begun. It should be noted that during the years of independence, Uzbekistan has created a modern electoral system that meets democratic requirements as a result of reforms in all spheres of social life. In accordance with the universally recognized international principles of elections, legislation has been developed that guarantees the free expression of the will of citizens, the right of everyone to freely elect and be elected to representative bodies of state power. Legal mechanisms to ensure openness and transparency in the election process have been improved. As noted by President Mirziyoyev, "According to our Constitution, citizens have the right to participate in the management of state and public affairs directly and through their representatives. Voting for and supporting a program put forward by a candidate or any party in the election is a clear manifestation of representative democracy" [1].
The adoption of the law on amendments and additions to some articles of the Constitution of the Republic of Uzbekistan is a logical continuation of the ongoing process of democratic renewal in our country. In particular, the Law of September 4, 2019 "On amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of electoral legislation" replaced the fourth part of Article 117 of the Constitution with the fourth and fifth paragraphs as follows: citizens, as well as persons detained in places of deprivation of liberty by court order, may not be elected. International law also guarantees the right to vote and protection from unlawful obstruction of its exercise. For example, Article 21, Section 3, of the Universal Declaration of Human Rights states: "The will of the people shall be the basis of government; this will must be expressed in periodic and non-fraudulent elections, on the basis of universality and equality, by secret ballot or by other means of ensuring freedom of voting " [2].
Article 25 of the International Covenant on Civil and Political Rights states: have the right and opportunity to vote and stand for election in real elections. " [3] This issue is covered in more detail in the document of the Council held in Copenhagen within the framework of the Conference on Human Criteria of the Organization for Security and Cooperation in Europe.
The mechanisms of administrative or criminal protection of the suffrage of the citizens of any state have general features, as well as aspects that are unique to that state.
In particular, the Code of Administrative Responsibility of the Republic of Uzbekistan was supplemented with a new chapter consisting of eight articles -Chapter V1 "Administrative liability for violations in the organization and conduct of elections and referenda".
The strict definition of liability for violations of the electoral law will serve to strengthen the implementation of the principle of electoral freedom, further democratization of the electoral system of the country, strengthening the principles of openness and transparency of elections.
According to the Code of Administrative Responsibility, actions such as violation of the rights of a candidate for the President of the Republic of Uzbekistan, a proxy, an observer, the terms and procedure of the election campaign are subject to administrative liability.
Also, actions aimed at deliberately publishing false information about a candidate or a political party in order to influence the election results will also lead to the imposition of administrative sanctions.
In accordance with the Election Law, election commissions are independent of public authorities, public associations, political parties and officials within their competence. In order to organize the election process in a legal, fair and equal manner for all participants in the elections, it is very important that the members of the election commission act independently. Failure to do so in practice undermines the democratic nature of elections. In the case of this crime, the constitutional right of citizens to vote, the procedure for organizing and conducting referendums and elections are violated.
The right to vote is the right of a citizen to participate in elections guaranteed by the state, which means the right to vote (active suffrage) and to be elected (passive suffrage).
A referendum is an expression of the will of the people by voting on the most important issues in the life of the state and society.
Elections are a political and legal process dedicated to the election of citizens by the President of the Republic of Uzbekistan, deputies of the Oliy Majlis, deputies of regional, district and city Kengashes.
In the Republic of Uzbekistan, voters have the right to freely express their wishes and will and to vote by secret ballot. By allocating special rooms for voting in precinct election commissions, citizens will be able to freely express their wishes and will. Secret ballot implies that the voter has no control over the expression of his or her will.
Violation of the secrecy of the ballot means an act (omission) committed for a situation that arose with the intention of knowing the wishes and will of the participant of the election (referendum). This leaves polling stations without special booths guaranteeing secret ballots; not to allow a voter into such a booth; enter the booth and observe the voting process; illegal review of completed ballots; may be reflected in the numbering of ballots and so on.
Falsification of election documents or referendum documents is reflected in the introduction of false, ie inaccurate, information into the original (official) documents. However, all the features and details that indicate that the document is authentic are retained. Counterfeiting of documents, or more precisely, the creation of forged documents in form and content, or the making of a partial error in the original document, is also considered forgery. In both cases, it should be noted that the falsification violates the will of the person participating in the election or referendum. Deliberate miscalculation of votes is a deliberate falsification of the election results, ie an increase or decrease in the number of "for" and "against" votes cast for a candidate, or a deliberate falsification of the referendum results.
Criminal liability under Article 146 of the Criminal Code of the Republic of Uzbekistan arises from the moment of organization of an election or referendum, one of the actions aimed at violating the legislation on their conduct, regardless of whether there is a social threat.
The crime may have been committed by an official over 18 years of age, representatives of a political party or citizens' self-government body, members of election commissions or referendum commissions.
An official is a person who performs the functions of a government representative on a permanent, temporary or special basis, or who performs organizational, managerial, administrative and economic functions in state bodies, self-government bodies, government agencies.
Article 32 of the Constitution of the Republic of Uzbekistan states that citizens of the Republic of Uzbekistan have the right to participate in the management of public and state affairs directly and through their representatives. Such participation is achieved through selfgovernment, referendums and the democratic organization of state bodies. Violation of this political right is punishable under Article 147 of the Criminal Code of the Republic of Uzbekistan.
Obstruction of the exercise of the right to vote or the powers of proxies (Article 147 of the CC) manifests itself in the use of force, intimidation, deception or obstruction.
In the commission of a crime under Article 147 of the Criminal Code of the Republic of Uzbekistan, the right of a citizen to vote or to be elected, to conduct election campaigning, to participate in a referendum is violated. That is, their active and passive suffrage is violated.
Active suffrage is a constitutional right of citizens of the Republic of Uzbekistan to be elected to public authorities and selfgovernment bodies. Passive suffrage is a constitutional right of citizens of the Republic of Uzbekistan to be elected to public authorities and self-government bodies.
The right to conduct election campaigning is a constitutional right of citizens of the Republic of Uzbekistan to participate in referendums, as well as to vote on draft laws and regulations, current laws and regulations, and other important state issues.
Obstruction is the use of violence, intimidation, lying, or bribery to a voter or candidate's representative in order to prevent the exercise of a voter's right to vote or to participate in a referendum (for example, to prohibit campaigning, not to be included in the voter list, etc.). method.
In this case, violence means any physical influence that prevents a citizen from exercising his right to vote or exercising the powers of the persons he represents. Such violence may be manifested in the form of minor or moderate injuries, beatings, unlawful deprivation of liberty, and so on. Deception is the intentional misrepresentation of a person's right to participate in elections, referenda, and campaigning, as well as the date, process, time, address, order of ballots, and similar information necessary for a citizen to freely participate in election campaigns and elections. improper transmission is implied.
Extortion means money or various privileges or incentives provided to a person or a member of an election commission for obstructing the work of an election commission in exchange for not participating in election campaigns, elections, referendums.
The guilty person shall be held liable in accordance with Article 147 of the CC from the moment of the commission of one of the above acts, regardless of whether the voter or the candidate's representative could in practice impede the exercise of the relevant constitutional rights and powers.
Any sane person who has reached the age of 16 who has obstructed the exercise of the right to vote or the powers of a trustee shall be the subject of a crime.
The commission of this crime by an official and the existence of other necessary aspects shall give rise to liability under Articles 147 and 205 or 206 of the CC.
In conclusion, it should be noted that the universally recognized norms of international law and the national electoral system of the Republic of Uzbekistan, created in accordance with the Constitution, allow us to conclude that an effective legal mechanism has been created to protect the democratic principles and norms of electoral rights.
During the years of independence, as a result of consistent, gradual modernization and renewal of political, state and legal systems in Uzbekistan, an electoral system that meets high democratic requirements has been formed. Creation of an effective, democratic electoral system -the formation of a completely new system of state power, democratic renewal of socio-political construction, ensuring the principles of separation of powers, deep socio-economic reforms that are reflected in the rapid development of the real economy, living standards and welfare has become an important part of the work being done to increase. Indeed, the system of national electoral legislation created on the basis of the Constitution of the Republic of Uzbekistan fully meets the universally recognized democratic requirements and international standards. Most importantly, the national election laws