Law of the Republic of Uzbekistan on Election to Provincial, District, City (town) Kenghashes of People's Deputies (1994) (English)
LAW OF THE REPUBLIC OF UZBEKISTAN
ON THE ELECTION TO PROVINCIAL, DISTRICT, CITY (TOWN) KENGHASHES OF PEOPLE'S DEPUTIES
I. GENERAL PROVISIONS
Article 1. Fundamental principles of the election
The election to provincial, district and city (town) Kenghashes of People’s Deputies shall be held by single-mandate territorial electoral district on a multi-party basis for a term of 5 years.
Deputies to provincial, district and city (town) Kenghashes of People’s Deputies shall be elected on the basis of universal, equal and direct suffrage by secret ballot.
Article 2. Universal suffrage
The election to privincial, district and city (town) Kenghashes of People’s Deputies shall be general. Citizens of the Republic of Uzbekistan, who have reached the age of 18 by election day, shall be eligible for vote. Citizens of Uzbekistan, who have reached the age of 21 by election day and permanently reside on the territory of the Republic of Uzbekistan for at least 5 years, shall be eligible for the election.
Citizens, who have been legally certified as insane, as well as persons in prisons, may be eligible neither for vote nor the election.
Article 3. Equal suffrage
Every citizen-voter shall have only one vote.
Citizens of the Republic of Uzbekistan, regardless of their origin, race, nationality, sex, education, language, religion, occupation, personal, public and property status, shall have the equal right to vote.
Article 4. Direct suffrage
Deputies to provincial, district and city (town) Kenghashes of People’s Deputies shall be elected directly by citizens.
Article 5. Secret ballot
Ballot in the election of deputies to provincial, district and city (town) Kenghashes of People’s Deputies shall be free and secret. Any control over the will of voters shall be impermissible.
Article 6. Publicity during the preparation for and holding of the election
Electoral committees shall conduct the preparation for and holding of the election of deputies to provincial, district and city (town) Kenghashes of People’s Deputies openly and publicly.
Electoral committees shall inform citizens of their work, delimitation of electoral districts and apportionment of polling stations, composition of electoral committees, their location and time of work, electoral registers, lists of participants of political parties in the election, candidates for the election, returns of the poll and election.
The mass media of the Republic of Uzbekistan shall cover the preparation for and holding of the election.
Observers of political parties, bodies of citizens’ self-government, voters’ initiative groups, that nominated candidates for the election (one from each), as well as representatives of the mass media, observers from other states, international organizations and movements, shall have the right to take part in all undertakings on the preparation for and holding of the election and be present in voting buildings on election day and during counting of votes. Their powers shall be confirmed by relevant documents.
Interested organizations, voters’ initiative groups shall inform electoral district committees of their observers at least 15 days before the election.
Electoral district committee, within 5 days upon receipt of an application from interested organization, voters’ initiative group, shall issue a credential, the model of which is specified by the respective provincial, district, city (town) committee, to an observer.
Observers shall have the right to:
be present during meetings on nominating candidate for the election, as well as sittings of electoral district and polling station committees;
be present at polling station and observe the course of preparation work, placing and sealing ballot boxes, issuing voting papers to citizens;
be present during counting of votes and compiling of the minutes of polling station committee;
inquire and receive copies of documents on results of the election witnessed by the respective electoral committee;
inform the higher electoral committee of their observations if provided the present Law was violated at polling station.
Observers shall not be permitted to:
be present in booth or room for secret ballot when voter is filling in voting paper;
have an influence on voters, distribute any propaganda materials or literature;
inquire voters, whom they voted for, or render any assistance to voters during filling in voting paper;
interfere in the activity of polling station committee, as well as during sealing ballot boxes, their unsealing, counting of votes.
II. ELECTORAL DISTRICTS AND POLLING STATIONS
Article 7. Delimitation of electoral districts
For the election of deputies the following territorial electoral districts shall be formed:
to provincial and the Tashkent city Kenghashes of People’s Deputies — not more than 60 electoral districts;
to district and city (town) Kenghashes of People’s Deputies — not more than 30 electoral districts.
Each electoral district shall elect one deputy to the respective Council of People’s Deputies.
Within the norms, specified by the present Law, the number of electoral districts for the election to provincial, district and city (town) Kenghashes of People’s Deputies shall be specified by the respective Kenghash of People’s Deputies on the basis of the number of the population, voters, territory and other local conditions.
Electoral districts shall be formed by the respective provincial, district, city (town) electoral committees and have an equal number of voters, as a rule. Electoral districts shall be delimited with due regard for the administrative and territorial division of provinces, districts and cities (towns).
Lists of electoral districts with the description of their boundaries and the number of voters shall be published by the respective provincial, district, city (town) electoral committee not less than 75 days before the election.
In accordance with Article 99 of the Constitution of the Republic of Uzbekistan, in towns subordinated to district centers and city districts Kenghashes of People’s Deputies and electoral districts on the election to the respective Kenghashes shall not be formed, and deputies shall not be elected.
Article 8. Procedure and norms for apportionment of polling stations
Polling stations shall be formed with due regard for the boundaries of districts, cities (towns), city districts with the view of creating a maximum of conveniencies for voters. Polling stations shall also be formed in military units.
Polling stations may be formed in sanatoriums, holiday homes, hospitals and other stationary medical establishments, as well as in remote and inaccessible areas. These polling stations shall be parts of electoral districts in accordance with their location.
Polling stations shall be apportioned by district, city (town) electoral committees upon presentation by the khokimiyats of districts and cities (towns), in military units — upon presentation by commanders of units or formations.
Polling stations shall be formed at least 60 days before the election. In military units, as well as in remote and inaccessible areas polling stations shall be formed within the same time limit, and in cases of emergency — not later than 5 days before the election.
Polling stations, as a rule, shall have not less than 20 and not more than 3,000 voters.
Voting buildings for each polling station shall be allocated by the khokimiyat of district, city (town).
District, city (town) electoral committee shall number polling stations and notify voters of the boundaries of each polling station and the location of polling station committee and voting building.
III. ELECTORAL COMMITTEES
Article 9. System of electoral committees
For organizing and holding of the election shall be formed:
provincial electoral committee for the election to provincial Kenghash of People’s Deputies;
district electoral committee for the election to district Kenghash of People’s Deputies;
city (town) electoral committee for the election to city (town) Kenghash of People’s Deputies;
district electoral committees;
polling station committees.
Article 10. Formation of provincial, district, city (town) electoral committee
Provincial, district, city (town) electoral committee shall be formed by the respective Kenghash of People’s Deputies not less than 80 days before the election, comprise Chairman and 6 to 14 other committee members and exercise its powers to the time when the beginning of the next election campaign on the election to the respective Kenghashes of People’s Deputies is declared.
Deputy Chairman and Secretary of a committee shall be elected from among its members at its first sitting. Provincial, district and city (town) electoral committee shall publish information on its composition, address and telephone numbers in the official local organs of the press.
Article 11. Powers of provincial, district, city (town) electoral committee
Provincial, district, city (town) electoral committee shall:
1) supervise the observance of the present Law within the respective territory, ensure its uniform application, as well as decide matters related to the organization of the election;
2) form electoral districts respectively for the election to provincial, district and city (town) Kenghash of People’s Deputies and give them names and numbers;
3) form electoral district committees for the election to the respective Kenghash of People’s Deputies and publish information on their location;
4) guide the work of the respective electoral committees and specify the procedure for altering their composition. It also may, either independently or upon presentation by province, district and city (town) procurator, cancel decisions of district electoral and polling station committees if they contradict the present Law;
5) receive relevant documents from political parties, as well as bodies of citizens’ self-government, voters’ initiative groups nominating candidates for the election;
6) register candidates for the election to the respective Kenghash of People’s Deputies and publish information to the effect;
7) ensure equal conditions to candidates standing for the election campaign;
8) distribute funds among the respective electoral committees, supervise the allocation of premises, transport and means of communications among electoral committees and decide other matters of material and technical supply;
9) specify the form and ensure the printing of voting papers on the election to the respective Kenghash of People’s Deputies, as well as electoral registers, the minutes of electoral committees, voting lists, its own seal and other election documents;
10) listen to reports by representatives of political parties, local bodies of state authority and bodies of citizens’ self-government, as well as public associations and heads of enterprises, institutions and organizations on matters related to the preparation for and holding of the election;
11) sum up returns of the election to the respective Kenghash of People’s Deputies, register the deputies elected, and publish in the press election returns and lists of the deputies elected;
12) issue certificate and badge of the respective Kenghash of People’s Deputies;
13) decide matters related to holding anothår round of the election;
14) consider applications and complaints on the decisions and actions of the respective electoral committees and pass decisions to the effect;
15) turn over materials on the violation of the present Law entailing criminal amenability to the Procurator’s Office;
16) ensure turning over the documents related to holding and organization of the election to archives;
17) exercise other powers in accordance with the present Law and other legislative acts of the Republic of Uzbekistan.
Article 12. Formation of electoral district committee
Electoral district committee shall be formed by the respective provincial, district, city (town) committee not later than 70 days before the election, and shall comprise Chairman, Deputy Chairman, Secretary and 6 to 8 other members of the committee.
Article 13. Powers of electoral district committee
Electoral district committee shall:
1) supervise the observance of the present Law on the territory of its electoral district;
11) receive subscription lists from authorized representatives of voters’ initiative groups on collecting signatures in support of candidate for the election, verify correctness of their compiling;
12) issue a reference on receiving subscription lists in support of candidate for the election to authorized represetatives of voters’ initiative groups with a date affixed;
2) inform voters of the location of polling stations;
3) ensure to candidates standing for the election campaign equal conditions;
4) issue ñertificates to candidates for the election registered by the respective provincial, district, city (town) electoral committee;
5) assist in organization of candidates’ meetings with voters;
6) register candidates’ proxies and issue relevant certificates to them;
7) listen to reports by representatives of political parties, bodies of citizens’ self-government, public associations, as well as heads of enterprises, institutions and organizations on matters related to the preparation for and holding of the election;
8) supervise the compiling of electoral registers and their submission for general familiarization;
9) approve text of voting paper for electoral district and supply polling station committees with them;
10) sum up the results of the election in electoral district and turn over them to the respective provincial, district, city (town) electoral committee;
11) organize another round of the poll and election, as well as the election of deputy instead of the one withdrawn;
12) consider applications and complaints on decisions and actions of polling station committees and pass decisions thereto;
13) exercise other powers in accordance with the present Law and other legislative acts of the Republic of Uzbekistan.
Article 14. Formation of polling station committee
Polling station committee shall be formed by the district, city (town) electoral committee at least 40 days before the election and shall comprise 5 to 19 members including Chairman, Deputy Chairman and Secretary. If committee consists of up to 7 persons, only Chairman and Secretary shall be elected.
In case of need, the number of members of polling station committee may be either increased or decreased.
Article 15. Powers of polling station committee
Polling station committee shall:
1) compile electoral registers for its polling station;
2) familiarize voters with electoral registers, receive and consider applications on errors or inaccuracies in registers and decide the matter on introducing relevant alterations thereto;
3) receive sealed envelopes with voting lists from voters who are unable to stay in their place of residence on election day and take part in the poll;
4) inform the population of date of the election and place of the poll;
5) ensure preparation of voting building, as well as ballot boxes and other necessary equipment;
6) organize the poll at polling station on election day;
7) count votes cast at polling station;
8) consider applications and complaints on matters related to the preparation for the election and organization of the poll, and pass decisions thereto;
9) exercise other powers in accordance with the present Law and other legislative acts of the Republic of Uzbekistan.
Article 16. Membership in electoral committees
Members of provincial and electoral district committees on the election to provincial Kenghash of People’s Deputies shall be confirmed on recommendation by district and city (town) Kenghashes of People’s Deputies.
Members of district, city (town) and electoral district committees on the election to district, city (town) Kenghash of People’s Deputies, as well as members of polling station committees shall be confirmed on recommendation by bodies of citizens’ self-government.
Member of the committee may be released from his duties at his personal application, as well as in the event he was divested of his powers.
Member of the committee may be divested of his powers only by the body that formed the committee in case the said member violated the present Law or ignored his duties systematically.
In case of need, a new electoral committee member shall be appointed in the manner prescribed by the present Law.
Chairman, Deputy Chairman, Secretary and other members of electoral committees may not belong to political parties. Candidates nominated for the election to provincial, district and city (town) Kenghashes of People’s Deputies may not be members of electoral committees.
Person may be a member of only one electoral committee.
Article 17. Organization of work and term of office of electoral committees
Sitting of electoral committee shall be considered competent if it is attended by at least two thirds of its members on the day of sitting. Committee shall pass decision by open vote by a majority of all committee members. Those committee members, who disagree with its decision, may express their personal opinion in writing, and the paper shall be appended to the minutes. In case of a split of votes the deciding vote shall belong to Chairman.
Decision of electoral committee, passed within its powers, shall be binding on all subordinate electoral committees, as well as the respective local state bodies, political parties and other public associations, work collectives, military units, heads of enterprises, institutions and organizations.
Chairman, Deputy Chairman, Secretary or any other member of electoral committee may be released from his occupational and official duties for the period of the preparation for and holding of the election, with his average salary to be paid from the funds allocated for the election.
State bodies and bodies of public associations, as well as enterprises, institutions, organizations and officials shall assist electoral committees in exercising their powers, and furnish them with information necessary for their work.
State bodies, enterprises, institutions and organizations shall allocate the premises and equipment necessary for the preparation for and holding of the election at the disposal of electoral committees free of charge.
Electoral committee shall have the right to appeal for any matter, related to the preparation for and holding of the election to the respective local state bodies and bodies of public associations, as well as heads of enterprises, institutions, organizations and officials who are obliged to consider the matter and give a reply to electoral committee within not more than 3 days.
Electoral district and polling station committees shall terminate their activities upon registration by provincial, district, city (town) electoral committee of deputies elected in their respective electoral disticts.
Article 18. Consideration of complaints about decisions of electoral committees
Bodies of political parties and cirizens’ self-government, that nominated candidates for the election, as well as candidates, observers and voters, may lodge complaints about decisions of electoral committees at the higher electoral committee or the court of law, within 10 days since the decision was passed. The complaint must be considered within 3 days since it was lodged, and if less than 6 days are left before the election, it must be considered immediately.
IV. DECLARING ON THE BEGINNING OF THE ELECTION CAMPAIGN. NOMINATION AND REGISTRATION OF CANDIDATES FOR THE ELECTION TO PROVINCIAL, DISTRICT, CITY (TOWN) KENGASHES OF PEOPLE’S DEPUTIES
Article 19. Declaring on the beginning of the election campaign
The beginning of the election campaign for the election to provincial, district, city (town) Kengashes of People’s Deputies shall be declared by the Central Election Committee of the Republic of Uzbekistan in the mass media not later than 3 months before the expiry of the term of office of deputies.
Article 20. The right to nominate candidates for the election
The right to nominate candidates for the election to provincial Kenghashes of People’s Deputies shall belong to political parties, directly citizens.
The right to nominate candidates for the election to district and city (town) Kenghashes of People’s Deputies shall belong to political parties, bodies of citizens’ self-government and directly citizens.
Political party may nominate candidates for the election provided it is registered in the prescribed by the Law manner not later than 6 months before the election was declared.
Article 21. Documents to be submitted by political parties for taking part in the election
To nominate candidates for the election political party shall be obliged, not less than 70 days before the election, to submit the following documents to the respective provincial, district, city (town) electoral committee:
application for taking part in the election signed by the leader of the respective provincial, district, city (town) body of political party;
reference confirming the fact that this political party was registered not later than 6 months before the day of declaring on the beginning of the election campaign.
Upon submission of the documents mentioned in part 1 of the present Article the respective provincial, district, city (town) electoral committee shall issue a reference with a date affixed to representative of political party. On the basis of the documents submitted electoral committee shall, within 5 days, pass the final decision permitting the party to take part in the election. A list of the parties taking part in the election, arranged in the order of priority of submission of applications, shall be published in the respective provincial, district, city (town) press.
Article 22. Procedure for nominating candidates for the election by political parties, bodies of citizens’ self-government
Nominating candidates for the election to provincial, district, city (town) Kenghashes of People’s Deputies shall begin 65 days and finish 45 days before the election.
Candidates for the election to provincial Kenghashes of People’s Deputies shall be nominated by provincial bodies of political parties.
Candidates for the election to district and city (town) Kenghashes of People’s Deputies shall be nominated by the respective district or city (town) bodies of political parties and at citizens’ gatherings (meetings of their representatives).
Political parties, bodies of citizens’ self-government shall have the right to nominate one candidate per each electoral district located on the respective territory. If two or more bodies of citizens’ self-government are located on the territory of electoral district for the election to the respective district, city (town) Kenghash of People’s Deputies, candidates for the election shall be nominated at meeting of their representatives. The representation norm for meeting shall be specified by the respective district, city (town) electoral committee.
As a rule, candidates shall be nominated from among citizens working or residing on the territory of the respective province, district or city (town). Person may be nominated only in one electoral district for the election to the respective provincial, district or city (town) Kenghash of People’s Deputies. Procedure for selecting candidates shall be specified by political parties, bodies of citizens’ self-government themselves.
The number of women ought to be not less than 30 per cent of the total number of candidates for the election nominated by political party.
Political parties shall have the right to nominate for the election only its members or non-party people, while bodies of citizens’ self-government — any person regardless of his membership in a party. The minutes on nominating candidates for the election shall be taken.
Article 23. Procedure for nominating candidates for the election directly by citizens
Every citizen or a group of citizens of the Republic of Uzbekistan, that have the right to elect, may form voters’ initiative group numbering at least 50 voters of the respective electoral district for nominating candidate for the election to provincial, district or city (town) Kenghash of People’s Deputies.
Authorized representative of voters’ initiative group shall submit an application to the respective provincial, district or city (town) electoral committee with request to register the group. To an application shall be appended:
list of members of voters’ initiative group containing surnames, names, patronymics, dates of birth, places of residence, passport data;
decision of meeting of voters’ initiative group on appointing an authorized representative and a warrant drawn up for him in the prescribed by the Law manner;
decision and the minutes of meeting of voters’ initiative group on nominating candidate for the election containing his surname, name, patronymic, date of birth, profession, post (occupation), places of work and residence, party membership.
The respective provincial, district or city (town) electoral committee, verifying correspondence of presented documents to requirements of the present Law, within 5 days, and in the event of another round of the election or the election instead of the deputies withdrawn — within 2 days upon their receipt, shall pass decision on registration of voters’ initiative group or refusal in its registration.
Upon passing decision on registration of voters’ initiative group, authorized representative shall be issued a respective registration certificate and forms of subscription lists of specified model.
In case of refusal in registration of voters’ initiative group the respective provincial, district or city (town) electoral committee shall give a justified reply.
Voters’ initiative group shall have the right to collect voters’ signatures supporting candidate for the election only upon receipt a registration certificate by its authorized representative. Signatures, collected before the said date, shall not be included.
Voters’ initiative group, that nominated candidate for the election, shall be obliged to collect in his support at least 8 per cent of signatures of the total number of voters of electoral district if provided proportional distribution of the number of citizens signed per each makhalla, kishlak or aul.
Form of subscription lists shall be specified by the respective provincial, district or city (town) electoral committee. Subscription list contains candidate’s surname, name, patronymic, date of birth, profession, post (occupation), places of work and residence, party membership.
Voters shall have the right to put signatures only once supporting only one candidate. Voter shall write his surname, name, patronymic, year of birth (of the age of 18 — additionally day and month of birth), place of residence, passport data, as well as the date of putting signature.
Subscription list shall be witnessed by member of voters’ initiative group, that collected signatures, containing his surname, name, patronymic, place of residence, passport data, as well as by authorized representative of voters’ initiative group containing the same data.
Voters’ signatures shall be collected at the places of work, service, studies, residence, as well as at pre-election undertakings and other places, where canvassing and collection of signatures are not prohibited by legislative acts. Any forms of constraint and bribery of voters by the person, that collects signatures, shall entail amenability specified by the Law.
Upon collection of signatures authorized representative of voters’ initiative group shall turn over subscription lists stitching separately per each makhalla, kishlak or aul to the respective electoral district committee. Electoral district committee shall verify correctness of compiling subscription lists, and within 5 days, and in the event of another round of the election — within 3 days, shall turn over the minutes to the respective provincial, district or city (town) electoral committee.
To verify correctness of compiling subscription lists electoral district committee may enlist specialists of bodies of internal affairs and justice, as well as offices for registering the population. Proceeding from their resolutions provincial, district and city (town) electoral committee may admit signatures in subscription lists to be forged.
The procedure for veryfying correctness of compiling subscruption lists shall be specified by the Central Election Committee.
Provincial, district, city (town) electoral committee may refuse in registration a candidate for the election nominated by voters‘ initiative group in the event of forging signatures in subscription lists.
Article 24. Documents to be submitted to provincial, district, city (town) electoral committee for registration candidates for the election
Leaders of the respective bodies of political parties, citizens’ self-government, authorized representatives of voters’ initiative groups shall submit applications to the respective provincial, district or city (town) electoral committees, with request to register their candidates. To an application shall be appended:
decision of the respective body of political party, gathering of citizens (meeting of representatives), meeting of voters’ initiative group on nominating candidates for the election;
the minutes of sitting of the respective body of political party, gathering of citizens (meeting of representatives), or meeting of voters’ initiative group on nominating candidates for the election, containing surname, name and patronymic of candidate, date of birth, profession, post (occupation), places of work and residence, party membership, as well as name and number of electoral district;
application of candidate expressing his consent to stand for the election in the respective electoral district;
application on dismissal from the post from persons listed in part 2 of Article 23 of the present Law, in the event of their election.
Provincial, district or city (town) electoral committee shall issue a reference stating date and time of receiving documents to the person who submitted them.
Within 7 days the respective provincial, district or city (town) electoral committee shall examine them and conclude on their compliance with requirements of the present Law.
In the event of any disparity between the documents submitted and requirements of the present Law, provincial, district or city (town) electoral committee shall notify leaders of the respective political parties, bodies of citizens’ self-government, and authorized representatives of voters’ initiative groups in the prescribed manner.
Article 25. Requirements to candidates for the election
The following persons shall not be registered as candidates for the election:
citizens who have previous conviction for committed crimes unremitted;
citizens who have not resided permanently on the territory of the Republic of Uzbekistan during the last 5 years before the election day;
servicemen of the Armed Forces of the Republic of Uzbekistan, as well as officials of the National Security Service, the Ministry of Home Affairs, the State Customs Committee of the Republic of Uzbekistan and other militarized divisions;
professional clergymen of religious organizations and associations.
Judges and officials of the Procurator’s Office and executive authority bodies (except khokims of provinces, districts or cities/towns) shall be registered as candidates for the election to provincial, district or city (town) Kenghashes of People’s Deputies provided they submitted applications on relieving of their posts in the event of the election.
Article 26. Registration of candidates for the election
The respective provincial, district or city (town) electoral committees shall stop receiving documents from political parties, bodies of citizens’self-government, voters’ initiative groups 7 days before the expiry of the term of registration.
Person, nominated for the election in accordance with the present Law, shall be issued a registration certificate.
Registration of candidates for the election shall stop 35 days before the election.
Within 5 days upon registration of candidates for the election, the respective provincial, district or city (town) electoral committee shall publish in the local press a report on registration stating candidate’s surname, name, patronymic, date of birth, party membership, post (occupation), places of work and residence, as well as name of political party or the body of citizens’ self-government or voters’ intiative group that nominated candidate.
V. CANVASSING. GUARANTEES OF ACTIVITY OF CANDIDATES FOR THE ELECTION
Article 27. Canvassing
Canvassing shall begin on the day of registration of candidates by the respective provincial, district or city (town) electoral committee.
Candidates for the election, political parties, independent initiative groups shall be given equal rights to use the mass media in the manner prescribed by the respective provincial, district, city (town) electoral committee. Meetings of voters shall be organized by polling station committee with the observance of absolutely equal conditions for all candidates. Local bodies of authority and public organizations, as well as bodies of citizens’ self-government shall be obliged to supply candidates for the election with equipped premises for meetings, to assist candidates for the election in the organization of meetings with voters, getting necessary reference and information materials.
Candidates’ meetings with voters shall be organized before or after the working hours. Voters shall be notified of time and place of meetings in advance.
Political parties shall be given the right to come out with programmes for their future activities. Programmes of parties and candidates should not be aimed against the state’s sovereignty, integrity and security, encroach on the health and morality of the nation, contain propaganda of war, ethnic enmity, racial and religious hostility, call for changing the constitutional system by force or taking actions infringing on the constitutional rights and freedoms of citizens.
Canvassing with granting to voters free of charge or on preferential terms goods, services (except information), as well as payment of money resources shall be prohibited.
Canvassing on election day shall not be permitted.
Article 27. Proxies
Candidate for the election to provincial, district or city (town) Kenghash of People’s Deputies may have up to 3 proxies. Proxies canvass for electing the candidate a deputy and represent his interests in relationships with local state bodies, bodies of public associations, voters and electoral committees.
Upon registration, candidate for the election shall choose his proxies at his discretion and inform the district electoral committee thereof. Electoral committee shall register proxies and issue certificates to them.
At any time prior to the election, candidate may divest his proxy of powers and replace him, notifying electoral district committee thereof. Proxy shall have the right to resign at any time.
Proxy may not be a member of electoral committee.
Article 28. Releasing of candidates for the election from occupational and official duties for taking part in pre-election undertakings
The person, registered as candidate for the election for the period of organizing meetings with voters, speakings at the pre-election meetings, on television and radio, shall have the right to be released from occupational and official duties with his average salary to be paid from the funds allocated for the election.
Article 27. The right of candidate for the election to go by public transport free of charge
Upon registraton, candidate for the election to provincial, district or city (town) Kenghash of People’s Deputies shall have the right to go free of charge by all kinds of public transport (except city/town public transport, taxi and chartered runs of other kinds of transport) within the boundaries of the respective electoral district. Candidate, residing outside the boundaries of his electoral district, shall have the same right to go to his electoral district and back to the place of residence.
Article 28. Divesting candidate for the election of his status. Withdrawal by candidate of his candidature
Political party, body of citizens’ self-government, voters’ initiative group shall have the right to cancel its decision on nominating this or that candidate at least 5 days before the election. This person may be divested of his status of candidate by the respective provincial, district or city (town) electoral committee. Political party, body of citizens’ self-government may submit a proposal on registering a new candidate to the respective provincial, district or city (town) electoral committee before the expiry of the term of nominating.
Registered candidates for the election may be divested of their status by the respective provincial, district or city (town) electoral committee, as well as in the event the political party, that nominated them, ceased its activities.
Candidate for the election may withdraw his candidature at any time prior to the election. He shall do this by submitting an application to the respective provincial, district or city (town) electoral committee.
VI. ELECTORAL REGISTERS. VOTING PAPERS
Article 29. Compiling electoral registers
Electoral registers shall include surnames of citizens of the Republic of Uzbekistan who have reached the age of 18 by or on election day, and permanently or temporarily reside on the territory of the said polling station by the time of compiling electoral registers.
Every voter may be included only into one electoral register.
Electoral register shall be compiled for each polling station by polling station committee and signed by its Chairman and Secretary. Polling station committee may attract representatives of the local public for compiling electoral registers.
Khokimiyats of districts and cities (towns) shall ensure registration of voters and furnish polling station committees with the data on voters living on the territory under their jurisdiction, necessary for compiling electoral registers.
Electoral registers of servicemen in military units, as well as members of their families and other voters, living within the boundaries of disposition of military units, shall be compiled on the basis of the data furnished by commanders of military units. Servicemen, living outside the boundaries of disposition of military units, shall be included in electoral registers in their places of residence on general grounds.
Electoral registers for polling stations formed at sanatoriums, holiday homes, hospitals and other stationary medical establishments shall be compiled on the basis of the data furnished by the heads of the said establishments (departments).
Surnames of voters shall be listed in electoral register in the order convenient for arranging the poll.
Electoral registers shall contain surname, name, patronymic, date of birth and address of every voter.
Article 30. Familiarization of citizens with electoral registers
Electoral registers shall be made public 15 days before the election, and in polling stations formed at sanatoriums, holiday homes, hospitals and other stationary medical establishments, as well as in remote and inaccessible areas — 7 days before the election. Polling station committee shall notify voters of time and place of familiarization with electoral register.
Citizens shall be ensured an opportunity to familiarize themselves with electoral register in the premise of polling station committee.
Article 31. Disputing electoral registers
Any citizen of the Republic of Uzbekistan may appeal polling station committee for error or inaccuracy in electoral register. Within 24 hours, polling station committee shall be obliged to verify the application, and either to correct error or inaccuracy or to issue a reference to the applicant justifying the decline of his statement.
Actions and decisions of electoral committee may be appealed against at the court in the prescribed by the Law manner.
Article 32. Voting paper
Voting paper shall list in alphabetical order surname, name and patronymic of candidate for the election, as well as his date of birth, party membership, post (occupation) and name of the political party, body of citizens’ self-government or voters’ initiative group that nominated him.
Voting papers shall be printed in the state language, and by decision of the respective provincial, district or city (town) electoral committee — in the languages spoken by the majority of the population residing in electoral district.
Article 33. Delivery of voting papers
Polling station committees shall receive voting papers from electoral district committees at least 3 days before the election. The issue and receipt of voting papers shall be confirmed by the signatures of Chairmen, Deputy Chairmen or Secretaries of the respective electoral district and polling station committees.
The number of voting papers, that are received by polling station committee, may not exceed the number of voters included in the lists of voters of polling station more than half a per cent. Signatures of the two members of polling station committee, to be witnessed with a seal of polling station committee, shall be put in the upper right top of voting paper. Voting papers, that were not witnessed by the committee, shall not be taken into consideration during counting of votes.
VII. THE POLL AND SUMMING UP THE RESULTS OF THE ELECTION
Article 34. Voting building
The poll shall take place in specially assigned premises with a sufficient number of equipped booths or rooms for secret ballot, space for issuing voting papers and placing ballot boxes. Ballot boxes should be placed so as on approaching them, voters shall have to pass through booths or rooms for secret ballot. No other political acts should be allowed at voting building. Polling station committee shall bear responsibility for equipping voting buildings and maintaining order in them.
Article 35. Time and place for the poll
The poll shall take place on election day from 6 a.m. to 8 p.m. Polling station committee shall notify voters of time and place for the poll at least 10 days before the election.
In polling stations formed in military units, sanatoriums, holiday homes, hospitals and other stationary medical establishments, as well as in remote and inaccessible areas polling station committee may declare the poll closed at any time if voters, included in electoral register, have cast their votes.
Article 36. Beginning of the poll
On election day voting building shall be opened in the presence of at least two thirds of members of polling station committee. In their presence Chairman shall seal ballot box, distribute voting papers and electoral registers among committee members, and declare the beginning of the poll. The total number of voting papers shall be certified by a separate document.
Article 37. Identification of voters
On arriving at voting building voter shall show a document identifying his personality to member of polling station committee and put his signature in electoral register. On doing so, he shall be issued voting paper.
Surnames of voters, who have not been included into electoral registers for some reason, shall be included in appendix to electoral register on the basis of a document identifying voter’s personality, citizenship and place of residence.
Article 38. Procedure for the poll
Voter shall fill in voting paper in booth or room for secret ballot. No other person, except voter, shall be present during filling in voting paper. Voter, who is unable to fill in voting paper himself, shall have the right to invite into booth or room another person at his discretion, except members of electoral committee, observers and proxies.
During the poll, voter shall cross out names of the candidates he votes against.
Voter shall deposit filled-in voting paper in ballot box.
At voter’s request, spoiled voting paper may be replaced with another one. Spoiled voting papers shall be counted, stamped and kept separately.
Voter, who is unable to stay in his place of residence on election day, may request voting list from polling station committee in his place of residence, fill it in and leave it in a sealed envelope for polling station committee. Upon receipt of voting list, voter shall put his signature in electoral register. Form of voting lists, procedure for making, terms of delivery to polling station shall be specified by the respective provincial, district or city (town) electoral committee.
In the event, voters cannot arrive at voting building due to bad health or some other reasons, polling station committee, at their request, shall entrust committee members with arranging the poll in the place of their stay.
Article 39. Counting of votes at polling station
Upon completion of the poll and before ballot boxes are opened, the sealed envelopes containing voting lists shall be deposited in ballot boxes in the presence of members of polling station committee. Unused voting papers shall be counted and stamped by polling station committee.
Ballot boxes shall be opened by polling station committee after committee Chairman declares the poll closed. It is forbidden to open ballot boxes before the end of the poll.
Polling station committee shall sum up the total number of voters of polling station and the number of voters who received voting papers and voting lists.
Polling station committee shall count votes at polling station separately per each electoral district and each candidate standing for the election to the respective Kenghash of People’s Deputies.
On the basis of voting papers and voting lists deposited in ballot boxes, polling station committee (per each electoral district within the limits of the polling station) shall sum up:
the total number of voters who took part in the poll;
the number of affirmative and negative votes;
the number of voting papers and voting lists recognized as invalid.
Votes cast for the candidates included by voters in voting papers and voting lists additionaly shall not be counted.
Voting papers and voting lists of non-specified model, as well as those in which surnames of more than one candidate were left during the poll, shall be recognized as invalid. In the event of any doubts as to the authenticity of voting paper or voting list, the matter shall be settled by polling station committee by voting.
The results of the poll shall be considered at sitting of polling station committee and entered in the minutes per each electoral district separately. The minutes shall be signed by Chairman, Deputy Chairman, Secretary and other members of electoral committee and submitted to the respective electoral district committee.
Article 40. Summing up the results of the election in electoral district
The results of the election in electoral districts shall be summed up only on the basis of the minutes submitted by polling station committees. Electoral district committee shall sum up:
the total number of voters in electoral district;
the number of voters who received voting papers and voting lists;
the number of voters who took part in the poll;
the number of affirmative and negative votes;
the number of voting papers and voting lists recognized as invalid.
The results of the election in electoral district shall be summed up at sitting of electoral committee and entered in the minutes. The minutes shall be signed by Chairman, Deputy Chairman, Secretary and other members of the committee, and submitted to the respective provincial, district or city (town) electoral committee.
Article 41. Summing up the results of the election
On the basis of the minutes submitted by electoral district committees, the respective provincial, district or city (town) electoral committee shall sum up:
the total number of voters in province, district or city (town);
the number of voters who received voting papers and voting lists;
the number of voters who took part in the poll;
the number of affirmative and negative votes;
the number of voting papers and voting lists recognized as invalid.
Candidate for the election shall be considered elected if he polled more than half of votes cast during the poll.
The election shall be considered a failure if it attracted less than 33 per cent of voters included in electoral registers.
The election in province, district, city (town) or separate electoral district or polling station may be recognized as invalid in the event of any violation in the course of the election that influenced the results of the poll. The decision, recognizing the election as invalid, shall be passed by the respective provincial, district or city (town) electoral committee, and may be appealed against at the court within 10 days upon publication of election returns.
If the election in some polling stations is recognized as invalid by the decision of the respective provincial, district or city (town) electoral committee the results of the poll in such polling stations shall be excluded from the overall results of the election provided without them the election in general may be recognized as valid.
The respective provincial, district or city (town) electoral committee on election returns shall compile the minutes and pass a decision.
Article 42. Another round of the poll
If more than two candidates stood for the election in electoral district, and none of them was elected, electoral district committee shall pass a decision on arranging another round of the poll in electoral district on the two candidates who polled the biggest number of votes, and shall notify the respective provincial, district or city (town) electoral committee and voters of electoral district thereof. Another round of the poll shall be arranged, within 2 weeks, with the observance of requirements of the present Law.
Candidate shall be considered elected if in the second round of the poll he received more votes than the other candidate, provided that the number of affirmatives votes exceeds the number of negative votes.
Article 43. Another round of the election
Another round of the election shall be held in the following cases:
a) if the election in electoral district is recognized as either a failure or invalid;
b) if the second round of the poll failed to determine the candidate elected;
c) if not more than the two candidates stood for the election, and none of them was elected.
Another round of the election shall be held by electoral district committee on the instruction from the respective provincial, district or city (town) electoral committee. The respective provincial, district or city (town) committee may pass a decision on holding another round of the election by electoral district and polling station committees formed anew. The poll shall take place in the same polling stations and with the same electoral registers that were compiled for holding election.
Another round of the election shall be held not later than 1 month since the primary election. Formation of electoral committees, registration of candidates and other undertakings shall proceed in the manner prescribed by the present Law.
Article 44. Election instead of those withdrawn
In the event the respective Kenghash of People’s Deputies recognizes the powers of depurty as invalid, as well as in case of the recall of deputy or termination of his powers before the expiry of his term of office for other reasons, the new election shall be held in the respective electoral districts. The election shall be scheduled by the respective Kenghash of People’s Deputies at least 1 month before it is to be held, and shall be organized with the observance of requirements of the present Law. Electoral district committee shall be formed 25, and polling station committees — 15 days before the election. Registration of candidates shall stop 15 days before the election.
In the event of deputy’s withdrawal less than 6 months before the expiry of the term of office of the respective provincial, district or city (town) Kenghash of People’s Deputies, the election of a new deputy instead of the one withdrawn may not be held.
VIII. REGISTRATION OF DEPUTIES AND PUBLICATION OF ELECTION RETURNS
Article 45. Registration of deputies
On the basis of the minutes of electoral district committees, the respective provincial, district or city (town) electoral committee shall register the deputies elected and notify them thereof.
Persons listed in part 2 of Article 23 of the present Law, who were elected deputies to the respective provincial, district or city (town) Kenghash of People’s Deputies, shall notify, in writing, the respective provincial, district or city (town) electoral committee of their resignation from the posts incompatible with the status of deputy.
Article 46. Publication of election returns
The respective provincial, district or city (town) electoral committee shall publish in the press a report on election returns of deputies to provincial, district or city (town) Kenghash of People’s Deputies and a list of deputies elected, in alphabetical order within not more than 10 days, stating deputies’ surnames, names, patronymics, dates of birth, party membership, posts (occupation), places of work and residence, as well as names and numbers of the respective electoral districts.
IX. FINAL PROVISIONS
Article 47. Certificate and badge of deputy
Certificate and badge of deputy to provincial, district or city (town) Kenghash of People’s Deputies shall be issued to deputy by the respective provincial, district or city (town) electoral committee. Models of certificate and bade of deputy to provincial, district or city (town) Kenghash of People’s Deputies shall be specified by the legislation.
Article 48. Financing the election
Expenditures connected with the preparation for and holding of the election to provincial, district and city (town) Kenghashes of People’s Deputies shall be financed from the state funds. It is forbidden to finance candidates or render any financial assistance to them from any other sources.
Political parties, other public associations, enterprises, institutions, organizations and citizens of the Republic of Uzbekistan may contribute means to hold the election on a voluntary basis. These means shall be received by provincial, district and city (town) electoral committees for their subsequent use in the course of the election campaign.
Article 49. Responsibility for violating the Law on the Election to Provincial, District, City (Town) Kenghashes of People’s Deputies
Persons, preventing citizens by violence, fraud, intimidation or any other way from exercising their right to elect, be elected and conduct canvassing, as well as members of electoral committees, other officials, representatives of political parties and bodies of citizens’ self-government, members of voter’s initiative groups who forged election documents, deliberately falsified election returns, violated the secrecy of the poll or any other provision of the present Law, shall bear responsibility in accordance with the legislation of the Republic of Uzbekistan. Persons, who published or otherwise spread any false information about candidate, shall also be made answerable for it.
President of the Republic
of Uzbekistan
I. Karimov
City of Tashkent,
May 5, 1994.