International Journal of Law And Criminology
51
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue02 2025
PAGE NO.
51-53
10.37547/ijlc/Volume05Issue02-10
Issues of improving the legal framework for organising
the election of chairpersons of citizens' assemblies
Reimova Z. A.
Doctor of jurisprudence (DSc), Ismailov K.K. Doctoral student of Karakalpak State University, Uzbekistan
Received:
24 December 2024;
Accepted:
26 January 2025;
Published:
28 February 2025
Abstract:
It is necessary to make changes and additions to the law concerning the election of the Chairman of the
Citizens' Assembly. It is necessary to supplement the principles of the organisation and conduct of elections with
new principles, to improve the powers of the mediation commissions and working groups, to clarify the
representation of citizens and their number, as well as election campaign issues.
Keywords:
Election, working groups, chairman of the citizens' assembly, constitution.
Introduction:
Today, the mahalla is a unique structure,
unparalleled in the world, that teaches people to live in
harmony with society, promotes tolerance and
solidarity, and serves as a reliable bridge between the
people and the state. The mahalla plays an important
role in the life of the state and society, not only as a
participant or implementer in improving the lives of the
people, but also as a decision-making centre.
The New Development Strategy for Uzbekistan
emphasises: 'It is necessary to increase the role and
effectiveness of the mahalla activity in public
administration, transforming it into an independent,
strong and effective civil institution providing practical
assistance to the population' [1, 97].
Uzbekistan's New Development Strategy for 2022-2026
sets out the tasks of developing the mahalla system
through the introduction of an 'active' mahalla model
and modern mechanisms for interaction between the
representative organs of state power, the executive
authorities and voluntary organisations as part of the
work of the mahallabai.
Citizens' self-government bodies are an integral part of
the strategy for building the new Uzbekistan and are
closely linked to the development of a free civil society.
The main purpose of the definition that the sole source
of state power is the people (Article 7), as set out in the
Constitution of the Republic of Karakalpakstan, is to
establish a system of citizens' self-government bodies.
For the first time in the history of our national
statehood, Article 99 of the Constitution of the
Republic of Karakalpakstan established the citizens'
assemblies in villages, auls, their constituent mahallas
and city mahallas as territorial units of self-
government. More than a hundred normative and legal
acts reflect the participation of local authorities in
certain spheres of public life.
Considering that the comprehensive improvement of
the activities of the citizens' self-governing bodies is the
main way of implementing direct democracy, the role
and effectiveness of the mahalla's activities in
collective governance will be gradually improved and it
will be transformed into a free, strong and effective civil
institution that provides practical assistance to the
population.
In the last seven years alone, the laws of the Republic
of Karakalpakstan on citizens' self-governing bodies (in
a new version) and on the election of the chairman
(aksakal) of citizens' assemblies, as well as some 100
normative and legal acts relating to the activities of
mahallas and their social structures, have been
adopted and introduced into public life.
The basic requirement for self-government is the right
of local people to form governing bodies and to
manage local affairs directly or through their elected
representatives.
In the Republic of Karakalpakstan, the system of
electing the Chairman of the House of Peoples has a
legal basis at the constitutional level. Article 99 of the
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
Constitution of the Republic of Karakalpakstan states:
Citizens' assemblies in settlements, kishlaks and auls,
and in the mahallas of towns, villages and auls, which
elect a chairman, are self-governing bodies. The
procedure for election, the organisation of activities
and the scope of powers of citizens' self-government
bodies shall be determined by law' [2, 48].
The organisation and conduct of the election of the
Chairman of the House of Citizens is regulated by the
Law of the Republic of Karakalpakstan "On Election of
the Chairman of the House of Citizens" [3], adopted on
27 March 2019.
According to this law, elections are held on the basis of
the principles of publicity, alternatives and equal
suffrage. The process of preparing and holding
elections is widely covered in the mass media. The
activities of all bodies responsible for the preparation
and conduct of elections, as well as the elections
themselves, are open. Secret voting may be organised
only at the discretion of citizens.
Article 21 of the Law of the Republic of Karakalpakstan
"On Bodies of Citizens' Self-Government" [4] states: "If
it is impossible to convene a citizens' meeting, the
kengash of the citizens' meeting decides to hold a
meeting of citizens' representatives. Citizens'
representatives from yards, houses and streets shall be
delegated to the Citizens' Assembly. The norms of
representation are determined by the relevant
commission, which assists in the organisation and
conduct of the election of the chairman of the Citizens'
Assembly. The number of citizens' representatives
should not be less than twelve per cent of the total
number of citizens entitled to vote.
According to the Law of the Republic of Karakalpakstan
"On the Election of the Chairman of the House of
Citizens", the Chairman of the House of Citizens is
elected by the House of Citizens or, if it is impossible to
convene the House of Citizens, by the House of Citizens'
Deputies.
Until now, the election of the Chairman of the Citizens'
Assembly has been carried out only by the Assembly of
Citizens' Representatives. However, the law also
defines the powers of the Assembly to hold elections.
Therefore, in addition to the basic principles of the
organisation and conduct of the election of the
Chairman of the Citizens' Assembly, it is necessary to
supplement the Law "On the Election of the Chairman
of the Citizens' Assembly" with the principle of
"community". This is because the law stipulates that
citizens who are permanent residents of a mahalla and
who have reached the age of 18 on the day of the
election have the right to elect the chairman of the
town meeting. Consequently, the election of the
Chairman of the Mahalla is done by a meeting of the
citizens:
First, it ensures the realisation of the constitutional
right of all citizens of a given territory who are eligible
to vote;
Secondly, it increases the activity of the inhabitants of
the territory in the management of state and public
affairs;
Thirdly, it provides an opportunity to elect an
experienced person who fully meets the legal
requirements for the head of the mahalla and the
requirements for candidates for the head of the local
council. This in turn leads to the full realisation of
democratic principles.
Of course, the question may arise: wouldn't it be better
to have elections by an assembly of citizens'
representatives? However, we should be aware of
some of its negative aspects. Mahalla chairmen are
elected by representatives of the people. So let us
answer the question of who these representatives are
and how they can influence the elections.
Cabinet of Ministers Decision No. 561 of 31 July 2017
"On the organisation of the activities of citizens'
representatives" [5] regulates the activities of citizens'
representatives. This resolution defines the norms of
representation
and
the
powers
of
citizens'
representatives.
Citizens' representatives are citizens of the Republic of
Uzbekistan who are elected by general meetings of
residents of courtyards, blocks of flats, streets in the
territory of mahalla on the basis of the norm of
authority established by the commissions facilitating
the organisation and holding of elections of chairmen
of citizens' assemblies, and who represent them in the
citizens' assembly. But how far does this correspond to
reality? Because we all know that in most cases the
elections of citizens' representatives take place only on
paper and are only formally elected by the residents. In
practice, however, they are formed by the staff of the
town hall. This means that the chairman of the mahalla
includes people close to him (those who agree to vote
for him). This situation cannot guarantee democratic
conditions for the election of the chairman of the
mahalla.
Therefore, in our opinion, the chairmen of the mahallas
should be elected by the Citizens' Assembly. The
elected representatives of the citizens should
participate in the meeting of the citizens'
representatives (except for the election of the
chairman of the citizens' assembly). It is also necessary
to revise the number of citizens' representatives, taking
into account the real situation. According to the current
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
legislation, the number of citizens' representatives
should be at least twelve percent of the total number
of citizens eligible to vote. However, these
representatives will participate in the meetings of the
citizens' representatives until the next elections.
Currently, the number of citizens' representatives is
around 250-350. For this reason, the quarterly
meetings of the citizens' representatives are held only
on paper. The reason for this is that it is impossible to
hold a meeting with such a large number of people. In
practice, full participation of the representatives only
takes place during the election of the mahalla
chairman.
In general, it is necessary to make changes and
additions to the law concerning the election of the
Chairman of the Citizens' Assembly. It is necessary to
supplement the principles of the organisation and
conduct of elections with new principles, to improve
the powers of the mediation commissions and working
groups, to clarify the representation of citizens and
their number, as well as election campaign issues.
REFERENCE
Mirziyoev Sh.M. Strategy for the Development of the
New Uzbekistan Second Edition. Tashkent: Uzbek
Publishing House, 2023. - P. 97
Constitution of the Republic of Karakalpakstan. N.:
'Karakalpakstan', 2021, p. 48.
Law of the Republic of Karakalpakstan "On Election of
the Chairman of the Citizens' Assembly", 27.03.2019
No. 239/XXV.
Law of the Republic of Karakalpakstan "On Citizens'
Self-Governing Bodies" 05.07.2013 No. 162/XIII.
https://lex.uz/docs/3291765.
