Концепция, принципы и международные стандарты избирательного законодательства и процессов

Аннотация

This article is devoted to reforming the electoral system of the Republic of Uzbekistan. The author considers the electoral legislation and identifies the main stages of its development, as well as the factors that contributed to its development. Key words: international standards, electoral law, electoral process, electoral system, reforms, democracy, law, principles. According to the Constitution (Article 117), all citizens have the right to elect and be elected to representative bodies of state power. Elections are one of the fundamental institutions of a democratic state governed by the rule of law. Article 7 of the basic law of the Republic of Uzbekistan enshrines the principle of people's power, which cannot be realized without elections [1]. The electoral legislation is a set of state-sanctioned norms that regulate electoral processes in the Republic of Uzbekistan. Over the years of independence, the electoral legislation of the Republic of Uzbekistan has been continuously improved, which is reflected in the adoption of a modern and in line with international standards Electoral Code of the Republic of Uzbekistan. 49 TJL - Tematics journal of Law ISSN 2249-9806 Vol-6-Issue-2- 2022 http://thematicsjournals.in UIF 2020= 6.882 IFS 2020= 7.882 sjifactor.com 4.8 The formation of state bodies by voting of the people was not always considered an attribute of democracy in the history of state and law. Thus, Aristotle already noted that the replacement of positions by lot serves as one of the foundations of a democratic system, while the replacement of positions by election serves as an oligarchic system [2]. This conclusion belonged to the historical conditions of Greek polis (where representatives of the clannish nobility had long enjoyed authority; as a result they had a serious advantage in elections over less prominent and wealthy fellow citizens), but even back then the supporters of democracy believed that persons should be appointed to positions requiring special personal qualities and special knowledge not by chance, as in a drawing of lots, but by the conscious expression of the will of citizens, as in elections. It is known that in ancient Athens strategists were elected, but most positions in the sixth and fifth centuries B.C. were filled by lot. It is noteworthy that even in many modern Tropical African countries it is possible to determine in advance what the balance of political power will be after the election [3]. The vast majority of voters in these countries vote for the leaders of their ethnic groups, who are usually either representatives of the clan nobility, or people who were nominated as a result of their own efforts, but are perceived by the population as being included in the clan nobility because of their special qualities and merits. No matter how conservative and closed the grouping of the nobility was, at all times it had to admit the addition to its ranks of aliens from outside with outstanding abilities. The electability of bodies even under such conditions is obvious, and it plays a certain role in the existence of a democratic regime. So, a characteristic feature of democracy is always the use of elections to form the organs of power. However, for elections to be truly democratic, there must be, firstly, an electoral law enshrining norms ensuring the full implementation of free and fair elections; secondly, really autonomous and independent electoral bodies; thirdly, an electorate sufficiently aware of its rights and obligations; fourthly, administrative 50 TJL - Tematics journal of Law ISSN 2249-9806 Vol-6-Issue-2- 2022 http://thematicsjournals.in UIF 2020= 6.882 IFS 2020= 7.882 sjifactor.com 4.8 procedures that guarantee all voters the free expression of their will. For administrative procedures to be effective, it is necessary for the relevant state bodies, including electoral bodies, to work smoothly. In democracies, electoral bodies play, in fact, a very significant role in the formation of institutions of state power and local self-government. As a result of elections, the power belonging to the people is transferred to its representatives. Election commissions are in charge of organizing the process of people's expression of will, counting votes, summarizing and announcing the results of voting. Therefore, on the one hand, the efficiency of the work of election commissions, the coordinated functioning of all parts of the system of electoral bodies largely depends on the normal organization and conduct of elections, and on the other hand, their honesty is largely determined by the integrity of electoral officials, transparency of the procedural side of the electoral process, openness of electoral bodies to interaction with non-governmental and non-municipal organizations and the media[4]. Electoral legislation is a complex of legal norms regulating social relations related to the organization and execution of elections to state and local authorities: the principles of